Kim et al
Case Number: 2:2009cv02008
Filed: October 15, 2009
Court: US District Court for the District of Nevada
Office: Fraud or Truth-In-Lending Office
Presiding Judge:
Presiding Judge: Peggy A. Leen
Presiding Judge: Philip M. Pro
Nature of Suit: Plaintiff
Cause of Action: Federal Question
Jury Demanded By: 12:22 Securities Fraud
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Date Filed Document Text
September 4, 2015 Opinion or Order Filing 426 ORDER. IT IS ORDERED that this case is DISMISSED WITH PREJUDICE. The Clerk of Court is instructed to close this case. Case is closed. Signed by Judge Richard F. Boulware, II on 9/4/15. (Copies have been distributed pursuant to the NEF - PS)
August 6, 2015 Opinion or Order Filing 424 ORDER Denying 404 Plaintiffs' Motion for Order to Show Cause. IT IS FURTHER ORDERED that Plaintiffs' shall show cause, in writing, no later than 8/14/15,why this case should not be dismissed with prejudice in accordance with 416 Stipulation of Dismissal. Signed by Judge Richard F. Boulware, II on 8/6/15. (Copies have been distributed pursuant to the NEF - PS)
June 18, 2015 Opinion or Order Filing 418 ORDER that 417 Carleton R. Burch's Ex Parte Motion to Remove Attorney from Electronic Service List is granted. Signed by Magistrate Judge George Foley, Jr on 6/18/15. (Copies have been distributed pursuant to the NEF - MMM)
January 6, 2014 Opinion or Order Filing 396 ORDER that the 386 Court's Order granting a stay remains in effect pending the Ninth Circuit's resolution of Plaintiffs' appeal. Signed by Judge Philip M. Pro on 01/06/2014. (Copies have been distributed pursuant to the NEF - AC)
December 9, 2013 Opinion or Order Filing 391 ORDER that the parties shall file a joint status report and propose a scheduling order to govern the remaining conduct of the litigation on or before December 30, 2013. Signed by Judge Philip M. Pro on 12/9/13. (Copies have been distributed pursuant to the NEF - MMM)
September 24, 2013 Opinion or Order Filing 387 ORDER that all pending motions are denied without prejudice to request the Court to reinstate the motions once the stay is lifted. Signed by Judge Philip M. Pro on 9/24/13. (Copies have been distributed pursuant to the NEF - MMM)
May 31, 2013 Opinion or Order Filing 371 ORDER that the following Motions are denied as moot: 323 Motion in Limine 1; 324 Motion in Limine 2; 325 Motion in Limine 3; 326 Motion in Limine 4; 327 Motion in Limine 5; 328 Motion in Limine 6; 333 Plaintiffs' Motion in Limine 5. Signed by Judge Philip M. Pro on 5/31/13. (Copies have been distributed pursuant to the NEF - MMM)
May 28, 2013 Opinion or Order Filing 369 ORDER that 285 Motion for Leave to File for Summary Judgment on Plaintiffs' Remaining Common Law Claims and Motion for Reconsideration is GRANTED to the extent that Plaintiffs' common law claims in counts six, thirteen, fourteen, twenty , twenty-three, and twenty-eight are converted to statutory claims under Nevada Revised Statutes § 645.257. The Motion is denied in all other respects. FURTHER ORDERED that 286 Motion for Reconsideration is GRANTED. FURTHER ORDERED that Ju dgment is hereby entered in favor of Defendants Richard L. Tobler, Esq. and Richard L. Tobler, Ltd. and against Plaintiffs Tae-Si Kim and Jin-Sung Hong. FURTHER ORDERED that pursuant to Federal Rule of Civil Procedure 54(b), there is no just reason f or delay in entering final judgment as between Defendants Richard L. Tobler, Esq. and Richard L. Tobler, Ltd. and against Plaintiffs Tae-Si Kim and Jin-Sung Hong. Signed by Judge Philip M. Pro on 5/26/13. (Copies have been distributed pursuant to the NEF - MMM)
March 18, 2013 Opinion or Order Filing 341 ORDER that the trial date of April 9, 2013, previously set in this case is hereby vacated. FURTHER ORDERED that this action is hereby rescheduled for trial on the Court's stacked calendar for October 22, 2013, at 9:00 a.m. with calendar call to be conducted the prior Wednesday, October 16, 2013, at 9:00 a.m. Signed by Judge Philip M. Pro on 3/18/13. (Copies have been distributed pursuant to the NEF - MMM)
October 29, 2012 Opinion or Order Filing 301 ORDER Granting 300 Motion Allowing Telephonic Appearance at Settlement Conference. Signed by Magistrate Judge George Foley, Jr on 10/29/2012. (Copies have been distributed pursuant to the NEF - SLR)
September 20, 2012 Opinion or Order Filing 284 ORDER re 283 Joint Letter to the Court. Dispositive Motions Deadline is extended to 9/27/2012. Proposed Joint Pretrial Orders are due 10/29/2012. In the event that dispositive motions are filed, the date for the filing of the joint pretrial order shall be suspended until 30 days after decision on the dispositive motions. Signed by Magistrate Judge George Foley, Jr on 9/20/12. (Copies have been distributed pursuant to the NEF - MMM)
August 22, 2012 Opinion or Order Filing 281 ORDER re 280 Joint Letter. The discovery deadline remains 8/24/12, and dispositive motions are due no later than 9/21/12. See Order 249 . Given the impending discovery deadline, the Court will grant the parties until 9/5/12 to complete the Tobler PMK deposition. All other deadlines remain the same. Signed by Magistrate Judge George Foley, Jr on 8/22/12. (Copies have been distributed pursuant to the NEF - MMM)
August 20, 2012 Opinion or Order Filing 278 ORDER that this case is hereby referred to Magistrate Judge George W. Foley, Jr. for a settlement conference. Signed by Judge Philip M. Pro on 8/20/12. (Copies have been distributed pursuant to the NEF - MMM)
July 6, 2012 Opinion or Order Filing 272 ORDER Denying 252 Motion for Summary Judgment. FURTHER ORDERED that the Parties shall file a joint pre-trial order no later than August 15, 2012. Signed by Judge Philip M. Pro on 7/6/12. (Copies have been distributed pursuant to the NEF - MMM)
June 15, 2012 Opinion or Order Filing 266 ORDER Granting 265 Motion for Judgment Debtor Exam and to Produce Documents. Signed by Magistrate Judge George Foley, Jr on 6/15/12. (Copies have been distributed pursuant to the NEF - MMM)
May 31, 2012 Opinion or Order Filing 259 ORDER Granting 250 Motion Request for Submission of Briefings Regarding Defendant Cumorah Credit Unions Bill of Costs in the amount of $14,662.06. Signed by Judge Philip M. Pro on 5/31/2012. (Copies have been distributed pursuant to the NEF - SLR)
May 30, 2012 Opinion or Order Filing 257 ORDER granting Plaintiffs' 253 Motion for Default Judgment Against Mr. Adam B. Kearney. Judgment is hereby entered in favor of Plaintiffs Tae-Si Kim and Jin-Sung Hong and against Defendant Adam B. Kearney in the amount of $464,384.00. Signed by Judge Philip M. Pro on 5/30/12. (Copies have been distributed pursuant to the NEF - ECS)
March 21, 2012 Opinion or Order Filing 241 ORDERED that the Court will hold a hearing on Plaintiffs' Motion to Enforce the Settlement Agreement 218 on Monday, 4/16/2012 at 11:30 AM in LV Courtroom 7C before Judge Philip M. Pro. FURTHER ORDERED that Plaintiffs shall serve Defendant Adam B. Kearney with a copy of this Order. Signed by Judge Philip M. Pro on 3/21/12. (Copies have been distributed pursuant to the NEF - MMM)
January 23, 2012 Opinion or Order Filing 213 ORDER Granting 159 Motion for Summary Judgment. Judgment is hereby entered in favor of Defendant Cumorah Credit union and against Plaintiffs Tai-Si Kim and Jin-Sung Hong. FURTHER ORDERED that 182 Defendant Valley Foreclosure Services' ; Joinder in Cumorah Credit Union's Motion for Summary Judgment is GRANTED. Judgment is hereby entered in favor of Defendent Valley Foreclosure Services and against Plaintiffs Tai-Si Kim and Jin-Sung Hong. FURTHER ORDERED that 163 Moti on to Extend the Amend Pleading Deadline and Leave to File a Second Amended Complaint is GRANTED. FURTHER ORDERED that Plaintiffs shall file separately the Second Amended Complaint within 15 days of this Order.FURTHER ORDERED that the Clerk s hall amend the caption to correct the name of current Defendant Reed Team doing business as RE/MAX Extreme to its proper name, Barbie Ltd. doing business as RE/MAX Extreme.FURTHER ORDERED that any Defendant named in the First Amended Complain t need not file an answer to the Second Amended Complaint.FURTHER ORDERED that 165 Emergency Motion to Suspend Dispostive Motion Deadline is GRANTED only with respect to any newly named Defendant in the Second Amended Complaint.FURT HER ORDERED that 167 Motion for Partial Summary Judgment on Negligent Undertaking to Perform Services is DENIED.FURTHER ORDERED that 168 Motion for Partial Summary Judgment on Civil Conspiracy, Concert of Action, Aiding and Abetting is GR ANTED.FURTHER ORDERED that 169 Motion for Partial Summary Judgment on Contract Related Claims is DENIED.FURTHER ORDERED that 170 Motion for Partial Summary Judgment on Plaintiffs' Fraud-Based Claims is Granted in part and Den ied in part. (See Order for details).FURTHER ORDERED that 179 Motion for Relief from Voluntary Dismissal of Adam B. Kearney is GRANTED to the extent Plaintiffs seek to enforce the settlement agreement. Plaintiffs shall file a motion to enforce the settlement agreement within 30 days from the date of this Order.FURTHER ORDERED that 197 Motion for Clarification of Order is DENIED as moot in light of the Magistrate Judge's decision to reopen discovery as to Defendant Valley Foreclosure Services. Signed by Judge Philip M. Pro on 1/22/12. (Copies have been distributed pursuant to the NEF - MMM)
September 16, 2011 Opinion or Order Filing 183 ORDER that Plaintiffs Motion for Relief From Courts Order Granting Valley Foreclosure Services Joinder in Motion to Dismiss 150 is GRANTED to the extent that this Courts Order 117 of December 6, 2010 is VACATED to the limited extent that it GRAN TED Defendant Valley Foreclosure Services, LLCs Joinder in Defendant Damus Motion to Dismiss. Defendant Valley Foreclosure Services, LLC is hereby reinstated as a party Defendant to this action. Signed by Judge Philip M. Pro on 9/16/11. (Copies have been distributed pursuant to the NEF - ECS)
March 21, 2011 Opinion or Order Filing 135 ORDER Granting 134 Notice of Voluntary Dismissal as to Re/Max International, Inc. Signed by Judge Philip M. Pro on 3/21/11. (Copies have been distributed pursuant to the NEF - ASB)
February 2, 2011 Opinion or Order Filing 129 ORDER that the court will assess sanctions in favor of the Plaintiffs against Defendant Adam Kearney in the amount of $3,667.25 which represents $3,514.75 in attorneys fees incurred for deposition preparation and preparation of the motion to compel, and $152.50 in costs. Signed by Magistrate Judge George Foley, Jr on 2/2/11. (Copies have been distributed pursuant to the NEF - ECS)
January 31, 2011 Opinion or Order Filing 128 ORDER Approving 127 Notice of Voluntary Dismissal of Adam B. Kearney. Signed by Judge Philip M. Pro on 1/31/11. (Copies have been distributed pursuant to the NEF - ECS)
October 7, 2010 Opinion or Order Filing 96 ORDER Granting 88 MOTION to Compel Deposition and 89 MOTION for Sanctions re Discovery filed by Jin-Sung Hong, and Tae-Si Kim. Signed by Magistrate Judge Peggy A. Leen on 10/6/2010. (Copies have been distributed pursuant to the NEF - DXS)
August 30, 2010 Opinion or Order Filing 86 ORDER denying as moot 37 Motion to Strike; denying as moot 38 Motion to Strike; granting in part and denying in part 45 Motion for Summary Judgment; granting in part and denying in part 57 Motion to Dismiss; and denying 59 Motion to Strike . IT IS FURTHER ORDERED granting in part and denying in part 55 Motion to Amend Complaint. Plaintiffs have 30 days to file a second amended complaint. Signed by Judge Philip M. Pro on 8/29/2010. (Copies have been distributed pursuant to the NEF - MJZ)
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