Western Showcase Homes, Inc. v. Fuqua Homes, Inc.
Plaintiff: Western Showcase Homes, Inc.
Defendant: Fuqua Homes, Inc.
Case Number: 2:2009cv02341
Filed: December 10, 2009
Court: US District Court for the District of Nevada
Office: Las Vegas Office
Presiding Judge: Robert J Johnston
Referring Judge: Gloria M Navarro
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1441 Petition for Removal- Breach of Contract
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on July 13, 2011. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 13, 2011 Filing 52 DEFAULT JUDGMENT in favor of Western Showcase Homes, Inc. against Fuqua Homes, Inc.. Signed by Judge Gloria M. Navarro on 7/13/11. (Copies have been distributed pursuant to the NEF - ECS)
July 12, 2011 Opinion or Order Filing 51 ORDER re Plaintiff Western Showcase Homes, Inc's request for default judgment. See Order for details. Signed by Judge Gloria M. Navarro on 7/12/11. (Copies have been distributed pursuant to the NEF - ECS)
May 16, 2011 Filing 50 BILL OF COSTS by Plaintiff Western Showcase Homes, Inc.. Tax or object to Bill of Costs by 6/3/2011. (Boyle, James)
May 16, 2011 Filing 49 STATEMENT of Attorneys' Fees Incurred in Prosecuting Action by Plaintiff Western Showcase Homes, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit A-1)(Boyle, James)
May 16, 2011 Filing 48 EX PARTE DOCUMENT Plaintiff's Ex Parte Supplemental Statement in Support of Hearing Pursuant to Fed.R.Civ.P.55(B)(2) filed by Plaintiff Western Showcase Homes, Inc.. (Boyle, James)
May 12, 2011 Filing 46 MINUTES OF PROCEEDINGS - Evidentiary Hearing held on 5/12/2011 before Judge Gloria M. Navarro. Crtrm Administrator: K. Johnson; Pla Counsel: James Boyle; Def Counsel: None Appearing; Court Reporter/FTR #: A. Bareng; Time of Hearing: 1:50pm; Courtroom: 7D; No appearance is made by or on behalf defendant. Preliminarily, the Court advises of the areas she'd like for Mr. Boyle to cover during his presentation. The Court hears opening remarks from Mr. Boyle and the presentation of evidence in support of plaintiff's request for entry of default begins. Plaintiff's Witness: Paul Thomas, President of Western Showcase Homes, Inc. Exhibits 1 through 12 are received on motion of plaintiff. Exhibits 9 through 12 only are filed in support of the evidentiary hearing; Exhibits 1 through 8 are already part of the record.IT IS ORDERED Plaintiff shall submit a supplemental brief in support of the damages calculation by 5/16/2011.Further, Mr. Boyle shall file his Bill of Costs and affidavit in support of attorney's fees in accordance with the Local Rules by 5/16/2011. The Court takes the matter UNDER SUBMISSION, written ruling to issue. (no image attached) (Copies have been distributed pursuant to the NEF - KXJ)
May 11, 2011 Filing 45 EX PARTE DOCUMENT Plaintiff's Ex Parte Statement in Suport of Hearing Pursuant to Fed. R. Civ. P. 55(B)(2) filed by Plaintiff Western Showcase Homes, Inc.. (Attachments: #1 Exhibit A - F, #2 Exhibit G - J)(Boyle, James)
April 19, 2011 Opinion or Order Filing 44 ORDER granting #43 Ex Parte Motion to Reschedule Hearing. Evidentiary Hearing reset for 5/12/2011 at 01:30 PM in LV Courtroom 7D before Judge Gloria M. Navarro. Signed by Judge Gloria M. Navarro on 4/19/11. (Copies have been distributed pursuant to the NEF - ECS)
April 18, 2011 Filing 43 EX PARTE MOTION Western Showcase Homes, Inc.'s Ex Parte Motion to Re-Calendar Evidentiary Hearing by Plaintiff Western Showcase Homes, Inc.. Motion ripe 4/18/2011. (Attachments: #1 Exhibit Exhibit A)(Boyle, James)
March 1, 2011 Opinion or Order Filing 42 ORDER that the #34 Ex Parte Motion to Designate Answer of Defendant Fuqua Homes Inc as Withdrawn and for Entry of Default is GRANTED. Plaintiff's 39 Request for a Status Conference is DENIED. An evidentiary hearing in this matter is set for 4/21/2011 at 10:00 AM in LV Courtroom 7D before Judge Gloria M. Navarro. Prior to the hearing, Plaintiff is to file a Proposed Order for Judgment and Costs. Signed by Judge Gloria M. Navarro on 3/1/11. (Copies have been distributed pursuant to the NEF - ECS)
February 22, 2011 Opinion or Order Filing 41 ORDER that WSHs Ex Parte Motion for Setting of a Status Conference 39 is DENIED as to the request to discuss certain propounded but unanswered discovery which was the subject-matter of WSHs filed Motion to Compel #25 . WSHs Ex Parte Motion for Setting of a Status Conference 39 to discuss protocol for an evidentiary hearing pursuant to Fed. R. Civ. P. 55(b)(2) is referred to Judge Gloria M. Navarro. Signed by Magistrate Judge Robert J. Johnston on 2/22/11. (Copies have been distributed pursuant to the NEF - ECS)
February 16, 2011 Filing 40 Clerk's ENTRY OF DEFAULT as to Fuqua Homes, Inc GRANTING Ex Parte Motion for Default 38 . (ECS)
February 16, 2011 NOTICE of Docket Correction to #34 EX PARTE MOTION: ERROR: Documents should have been filed as separate entries by attorney, James D. Boyle in accordance with Special Order 109, A separate document must be filed for each type of document or purpose Counsel advised in the future please file documents in accordance with Special Order 109 filing procedures; CORRECTION: Court docketed the two remaining motions contained within document 34 as EX PARTE MOTION for Entry of Default re: 38 and EX PARTE MOTION for the Setting of Status Conference re: 39 . (no image attached)(RFJ)
January 28, 2011 Filing 37 PARTIAL TRANSCRIPT of Proceedings, (Excludes sealed portion) 33 Miscellaneous Hearing, held on January 6, 2011, before Magistrate Judge Robert J. Johnston. Court Reporter/Transcriber: NW Transcripts, LLC, 208-908-7998. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber using the court's "Transcript Order" form available on our website #www.nvd.uscourts.gov before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 2/18/2011. Redacted Transcript Deadline set for 2/28/2011. Release of Transcript Restriction set for 4/28/2011. (JPQ)
January 27, 2011 Opinion or Order Filing 36 ORDER Temporarily Unsealed Transcript. Signed by Magistrate Judge Robert J. Johnston on 1/25/11. (Copies have been distributed pursuant to the NEF - ECS, cc: ECRO)
January 26, 2011 Filing 35 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Robert J. Johnston, on 1/26/2011. By Judicial Assistant: MXS. ORDERED that #25 MOTION to Compel Responses to Discovery Requests is DENIED AS MOOT based on Minutes of Proceedings (#33) and Motion (#34). (no image attached) (Copies have been distributed pursuant to the NEF - MXS)
January 24, 2011 Filing 34 EX PARTE MOTION Western Showcase Homes, Inc.'s Ex Parte Motion to Designate Answer of Defendant Fuqua Homes, Inc. as Withdrawn and for Entry of Default; and Request for Setting of Status Conference by Plaintiff Western Showcase Homes, Inc.. Motion ripe 1/24/2011. (Boyle, James)
January 6, 2011 Filing 33 MINUTES OF PROCEEDINGS - Hearing re motion to compel #25 and motion to withdraw as attorney #29 held on 1/6/2011 before Magistrate Judge Robert J. Johnston. Crtrm Administrator: J. Ries; Pla Counsel: James D. Boyle; Def Counsel: Kym Cushing and Erik Simpson; Court Reporter/FTR #: 9:05 - 9:18; Time of Hearing: 9:00 a.m.; Courtroom: 3D; Appearing telephonically is Mark Chevallier, corporate representative for defendant. Mr. Boyle is temporarily excused from this hearing and this hearing proceeds under seal 9:08:11 - 9:11:58. Mr Boyle returns to the courtroom and this hearing proceeds on the record. ORDERED that the motion to withdraw as attorney #29 is GRANTED. Mr. Chevallier states that the defendant wishes to withdraw their answer #15 to the complaint. This court accepts the presence and participation of Mr. Chevallier in this proceeding as a representative of the defendant, Fuqua Homes, Inc.. This court GRANTS the request of the defense to withdraw its answer #15 . (no image attached) (Copies have been distributed pursuant to the NEF - JAR)
January 5, 2011 Filing 32 REPLY to Response to #25 MOTION to Compel Responses to Discovery Requests, #29 MOTION to Withdraw as Attorney of Record Without Substitution for Defendant Fuqua Homes, Inc., by Kym S. Cushing. ; filed by Plaintiff Western Showcase Homes, Inc.. Western Showcase Homes, Inc.'s Reply in Support of Its Motion to Compel Responses to Discovery Requests and Response to Motion to Withdraw as Counsel of Record (Boyle, James)
January 5, 2011 Filing 31 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Robert J. Johnston, on 1/5/2011. By Judicial Assistant: MXS. ORDERED that #29 MOTION to Withdraw as Attorney of Record Without Substitution for Defendant Fuqua Homes, Inc. shall be heard at the hearing currently set for 1/6/2011, 09:00 AM in LV Courtroom 3D before Magistrate Judge Robert J. Johnston. A corporate representative of Defendant Fuqua Homes, Inc. must be present in court for this hearing. There is NO exception to this requirement. (no image attached) (Copies have been distributed pursuant to the NEF - MXS)
January 3, 2011 Filing 30 RESPONSE to #25 MOTION to Compel Responses to Discovery Requests, filed by Defendant Fuqua Homes, Inc.. Replies due by 1/13/2011. (Simpson, Erik)
December 30, 2010 Filing 29 MOTION to Withdraw as Attorney of Record Without Substitution for Defendant Fuqua Homes, Inc., by Kym S. Cushing. by Defendant Fuqua Homes, Inc.. Motion ripe 12/30/2010. (Simpson, Erik)
December 29, 2010 Filing 28 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Robert J. Johnston, on 12/29/2010. By Judicial Assistant: MXS. Motion Hearing set for 1/6/2011, at 09:00 AM in LV Courtroom 3D before Magistrate Judge Robert J. Johnston RE: #25 MOTION to Compel Responses to Discovery Requests. (no image attached) (Copies have been distributed pursuant to the NEF - MXS)
December 23, 2010 Filing 27 MINUTE ORDER IN CHAMBERS of the Honorable Judge Gloria M. Navarro, on 12/23/2010. By Deputy Clerk: K. Johnson. IT IS ORDERED this matter is hereby referred to the U.S. Magistrate Judge for the scheduling of a settlement conference upon the close of discovery, which is currently 2/1/2011. If the parties wish to decline the opportunity to resolve the case via settlement conference, a stipulation to that effect may be filed. (no image attached) (Copies have been distributed pursuant to the NEF - KXJ)
December 21, 2010 Filing 26 Joint STATUS REPORT Joint Interim Status Report by Plaintiff Western Showcase Homes, Inc.. (Boyle, James)
December 17, 2010 Filing 25 MOTION to Compel Responses to Discovery Requests by Plaintiff Western Showcase Homes, Inc.. Responses due by 1/3/2011. (Attachments: #1 Affidavit)(Boyle, James)
November 12, 2010 Opinion or Order Filing 24 SCHEDULING ORDER re #21 Stipulation to Continue All Discovery Deadlines by 60 days. Discovery due by 2/1/2011. Motions due by 3/1/2011. Proposed Joint Pretrial Order due by 4/1/2011. Signed by Magistrate Judge Robert J. Johnston on 11/11/10. (Copies have been distributed pursuant to the NEF - EDS)
October 29, 2010 Filing 23 NOTICE of Corrected Image/Document re #22 Notice of Association of Counsel by Plaintiff Western Showcase Homes, Inc.. (Service of corrected image is attached). (Sanders, Jennifer)
October 29, 2010 Filing 22 NOTICE of Change of Counsel filed by Jennifer L. Sanders on behalf of Plaintiff Western Showcase Homes, Inc.. [Disassociation of Counsel] (Sanders, Jennifer) Event modified and added corrected image #23 on 10/29/2010 (RFJ).
October 28, 2010 Filing 21 STIPULATION to Continue all Discovery Deadlines by Sixty Days and [Proposed] Order Thereon by Defendant Fuqua Homes, Inc.. (Simpson, Erik)
October 1, 2010 Filing 20 Joint STATUS REPORT by Defendant Fuqua Homes, Inc.. (Cushing, Kym)
September 1, 2010 Opinion or Order Filing 19 SCHEDULING ORDER re #18 Joint Stipulation to Continue all Discovery Deadlines. Discovery due by 12/1/2010. Motions due by 1/3/2011. Proposed Joint Pretrial Order due by 2/3/2011. Signed by Magistrate Judge Robert J. Johnston on 9/1/10. (Copies have been distributed pursuant to the NEF - EDS)
August 25, 2010 Filing 18 STIPULATION to Continue All Discovery Deadlines by Sixty Days and [Proposed] Order Thereon by Defendant Fuqua Homes, Inc.. (Cushing, Kym)
August 6, 2010 Filing 17 Joint STATUS REPORT by Defendant Fuqua Homes, Inc.. (Cushing, Kym)
June 17, 2010 Filing 16 NOTICE of Change of Address by Kym S. Cushing. (Cushing, Kym)
June 16, 2010 Filing 15 ANSWER to Complaint with Jury Demand filed by Fuqua Homes, Inc.. Certificate of Interested Parties due by 6/26/2010. Discovery Plan/Scheduling Order due by 7/31/2010.(Cushing, Kym)
June 9, 2010 Opinion or Order Filing 14 SCHEDULING ORDER Denying #9 Proposed Discovery Plan and Scheduling Order. The following Scheduling Order is entered into this case: Discovery due by 10/1/2010. Motions due by 11/1/2010. Proposed Joint Pretrial Order due by 11/1/2010. Signed by Magistrate Judge Robert J. Johnston on 6/9/10. (Copies have been distributed pursuant to the NEF - EDS)
May 28, 2010 Filing 13 MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Roger L. Hunt, on 5/28/2010. IT IS ORDERED that this case is reassigned to the Honorable U.S. District Court Judge Gloria M. Navarro for all further proceedings. The Honorable U.S. District Court Judge Robert C. Jones is no longer assigned to this case. All further documents must bear the correct case number 2:09-cv-02341-GMN-RJJ. (no image attached) (Copies have been distributed pursuant to the NEF - AF)
May 13, 2010 Filing 12 CERTIFICATE of Interested Parties filed by Fuqua Homes, Inc.. There are no known interested parties other than those participating in the case. (Cushing, Kym)
May 6, 2010 Opinion or Order Filing 11 ORDER Denying #3 Motion to Change Venue. Signed by Judge Robert C. Jones on 5/3/10. (Copies have been distributed pursuant to the NEF - EDS)
April 26, 2010 Filing 10 MINUTES OF PROCEEDINGS - Motion Hearing held on 4/26/2010 before Judge Robert C. Jones. Crtrm Administrator: K. Johnson; Pla Counsel: Jim Boyle; Def Counsel: Eric Simpson; Court Reporter/FTR #: A. Bareng; Time of Hearing: 11:12am; Courtroom: 7D; The Court makes preliminary comments, then hears arguments of counsel. The Court then advises of its intention to DENY the #3 MOTION to Change Venue. Written decision of the Court will issue.(no image attached) (Copies have been distributed pursuant to the NEF - KXJ)
April 15, 2010 Filing 9 PROPOSED Discovery Plan/Scheduling Order filed by Defendant Fuqua Homes, Inc.. (Cushing, Kym)
April 8, 2010 Filing 8 CERTIFICATE of Interested Parties filed by Western Showcase Homes, Inc.. There are no known interested parties other than those participating in the case. (Boyle, James)
April 5, 2010 Filing 7 NOTICE of Hearing on #3 MOTION to Change Venue : Oral argument is hereby scheduled for Monday, 4/26/2010, at 09:00 AM in LV Courtroom 7D before Judge Robert C. Jones. (no image attached)(KXG)
January 11, 2010 Filing 6 SUPPLEMENT to #5 Reply to Response to Motion ; by Defendant Fuqua Homes, Inc.. (Cushing, Kym)
January 8, 2010 Filing 5 REPLY to Response to #3 MOTION to Change Venue ; filed by Defendant Fuqua Homes, Inc.. (Attachments: #1 Affidavit William C. Beach, #2 Affidavit Phillip R. Daniels)(Cushing, Kym)
December 31, 2009 Filing 4 RESPONSE to #3 MOTION to Change Venue, filed by Plaintiff Western Showcase Homes, Inc.. Replies due by 1/10/2010. (Boyle, James)
December 17, 2009 Filing 3 MOTION to Change Venue by Defendant Fuqua Homes, Inc.. Responses due by 1/3/2010. (Attachments: #1 Exhibit, #2 Exhibit)(Paglia, Anthony)
December 10, 2009 Filing 2 NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - #www.nvd.uscourts.gov. Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (no image attached) (SD)
December 10, 2009 Filing 1 PETITION FOR REMOVAL from Distrcit Court, Case Number A-09-600963-C, (Filing fee $ 350 receipt number 0978-1462849), filed by Fuqua Homes, Inc.. Proof of service due by 2/3/2010. Certificate of Interested Parties due by 12/20/2009. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Civil Cover Sheet)(Cushing, Kym)
December 10, 2009 Case assigned to Judge Robert C. Jones and Magistrate Judge Robert J. Johnston. (SD)

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Plaintiff: Western Showcase Homes, Inc.
Represented By: James D. Boyle
Represented By: Jennifer L. Sanders
Represented By: Ronald J Thompson
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Defendant: Fuqua Homes, Inc.
Represented By: Kym S. Cushing
Represented By: Anthony M. Paglia, I
Represented By: Erik Simpson
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