Russo v. Lopez
| Andy Russo |
| Aster Elements, Inc. and Sierra Metals, Inc. USA |
| Joseph Lopez |
| Continental Casualty Company and Valley Forge Insurance Company |
| Sierra Metals Southwest, LLC |
| 2:2011cv00284 |
| February 22, 2011 |
| U.S. District Court for the District of Nevada |
| Las Vegas Office |
| George Foley |
| Philip M Pro |
| Contract: Other |
| 28 U.S.C. § 1446 |
| Both |
Docket Report
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This docket was last retrieved on August 5, 2013. A more recent docket listing may be available from PACER.
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| Filing 208 NOTICE of Corrected Image/Document re #206 Stipulation of Dismissal by Intervenor Parties Continental Casualty Company, Valley Forge Insurance Company. (Service of corrected image is attached). (Rasmussen, R.) |
Filing 207
ORDER ON STIPULATION Granting #206 Stipulation of Dismissal of SECOND COUNTERCLAIM. Signed by Judge Philip M. Pro on 8/5/2013. (Copies have been distributed pursuant to the NEF - SLR)
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| Filing 206 STIPULATION of Dismissal re: #100 SECOND COUNTERCLAIM; filed by Intervenor Parties Continental Casualty Company, Valley Forge Insurance Company. (Rasmussen, R.) Corrected image added #208 on 8/5/2013 (RFJ). |
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Filing 205
ORDER ON STIPULATION Granting #204 Stipulation of Dismissal with Prejudice. Signed by Judge Philip M. Pro on 4/18/2013. (Copies have been distributed pursuant to the NEF - SLR)
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| Filing 204 STIPULATION of Dismissal with Prejudice; filed by Defendant Joseph Lopez. (McNutt, Daniel) |
| Filing 203 NOTICE of Settlement by Joseph Lopez. (McNutt, Daniel) |
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Filing 202
ORDER Scheduling Settlement Conference: Settlement Conference set for 4/11/2013 09:00 AM in LV Chambers before Magistrate Judge George Foley Jr. Signed by Magistrate Judge George Foley, Jr on 3/6/13. (Copies have been distributed pursuant to the NEF - EDS)
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| Filing 201 MINUTES OF PROCEEDINGS - Telephonic Status Conference held on 3/5/2013 before Magistrate Judge George Foley, Jr. Crtrm Administrator: E. Garcia; Pla Counsel: James Shapiro; Def Counsel: Daniel McNutt, Jose Feliciano and David Proano; Court Reporter/FTR #: 9:00a.m. - 9:06a.m.; Courtroom: 3A; All parties appeared telephonically. The Court makes preliminary remarks and hears representations of counsel regarding potential settlement. The Court will schedule a Settlement Conference as stated on the record. (no image attached) (Copies have been distributed pursuant to the NEF - EMG) |
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Filing 200
ORDER Granting #198 Motion for Protective Order. Signed by Magistrate Judge George Foley, Jr on 2/21/2013. (Copies have been distributed pursuant to the NEF - SLR)
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| Filing 199 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr, on 2/21/2013. By Judicial Assistant: Julia Wright. A Telephonic Status Conference regarding potential settlement is set for Tuesday, March 5, 2013, at 9:00 AM in LV Courtroom 3A before Magistrate Judge George Foley Jr. The parties are instructed to call telephone number: (702) 868-4910, access code 123456, five (5) minutes prior to the hearing time. Please remain on the line until such time as the Court joins the call and convenes the proceedings. The use of a cell phone or speaker phone during the call is prohibited. The call must be made using a land line.(Copies have been distributed pursuant to the NEF - JBW) |
| Filing 198 MOTION for Protective Order by Counter Claimants Joseph Lopez, Joseph Lopez, Joseph Lopez, Defendant Joseph Lopez. Motion ripe 1/29/2013. (Attachments: #1 Declaration, #2 Exhibit)(McNutt, Daniel) |
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Filing 197
SCHEDULING ORDER Granting in Part and Denying in Part #188 MOTION to Extend Discovery Deadlines and #193 Cross MOTION for an Order Setting Discovery Deadlines. Discovery due by 2/28/2013. Motions due by 3/28/2013. Proposed Joint Pretrial Order due by 4/29/2013. Signed by Magistrate Judge George Foley, Jr on 11/30/2012. (Copies have been distributed pursuant to the NEF - SLR)
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| Filing 196 MINUTES OF PROCEEDINGS - Motion Hearing held on 11/30/2012 before Magistrate Judge George Foley, Jr. Crtrm Administrator: Eileen Sterba; Pla Counsel: James Shapiro; Def Counsel: Daniel McNutt; FTR #: 1:33-2:33; Courtroom: 3A. Court hears counsels' arguments. Plaintiff's #188 Motion to Extend Discovery Deadline is GRANTED. It is ORDERED: All remaining written discovery should be complete by 12/31/12. Parties shall produce any discovery that has been ordered but still outstanding and any responses to written discovery including supplementation thereto that is reasonably required as well as two issues of job files and time cards. Discovery cut off date is extended 60 days until 2/28/13. The Court may revisit Scheduling Order at that time. Plaintiff's #179 Motion for Protective Order is DENIED as it stands. It is ORDERED that it is required that all documents that Lopez receives from the Dawson entities pursuant to subpoenas be produced to Russo. If parties obtain documents from other insurance companies they will make those documents available. Discovery due by 2/28/2013. (Copies have been distributed pursuant to the NEF - ECS) |
| NOTICE of Docket Correction to #194 Reply to Response to Motion. ERROR: Documents should have been filed as separate entries by attorney, Douglas Gerrard. 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 to prevent delay in the timely filing of documents. CORRECTION: Court docketed the response contained within document #194 as #195 Response to Motion. (no image attached)(ASB) |
| Filing 195 RESPONSE to #193 Cross MOTION re: Discovery Deadlines, filed by Counter Defendants Andy Russo, Andy Russo, Andy Russo, Plaintiff Andy Russo. Replies due by 12/9/2012. (ASB) |
| Filing 194 REPLY to Response to #188 MOTION to Extend Time regarding discovery/nondispositive matter (Sixth or more Request) Plaintiff's Motion to Extend Discovery Deadlines (Sixth Request) filed by Counter Defendants Andy Russo, Andy Russo, Andy Russo, Plaintiff Andy Russo. (Attachments: #1 Exhibit 7, #2 Exhibit 8, #3 Exhibit 9, #4 Exhibit 10)(Gerrard, Douglas) |
| Filing 193 Cross MOTION re: Discovery Deadlines; filed by Counter Claimants Joseph Lopez, Joseph Lopez, Joseph Lopez, Defendant Joseph Lopez. Responses due by 12/13/2012. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(McNutt, Daniel) |
| Filing 192 RESPONSE to #188 MOTION to Extend Time regarding discovery/nondispositive matter (Sixth or more Request) filed by Counter Claimants Joseph Lopez, Joseph Lopez, Joseph Lopez, Defendant Joseph Lopez. Replies due by 12/6/2012. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(McNutt, Daniel) |
| Filing 191 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr, on 11/20/2012. By Judicial Assistant: Julia Wright. RE: #188 Plaintiff's Motion to Extend Discovery Deadlines (Sixth Request) : Motion Hearing set for Friday, November 30, 2012, at 1:30 PM in LV Courtroom 3A before Magistrate Judge George Foley Jr. (Copies have been distributed pursuant to the NEF - JBW) |
| Filing 190 REPLY to Response to #179 Emergency MOTION for Protective Order Plaintiff's Emergency Motion for Protective Order and for Sanctions filed by Counter Defendants Andy Russo, Andy Russo, Andy Russo, Plaintiff Andy Russo. Plaintiff's Reply to Defendant Lopez's Opposition to Russo's Emergency Motion for Protective Order and for Sanctions (Attachments: #1 Exhibit 6, #2 Exhibit 7, #3 Exhibit 8, #4 Exhibit 9, #5 Exhibit 10, #6 Exhibit 11, #7 Exhibit 12, #8 Exhibit 13)(Gerrard, Douglas) |
| Filing 188 MOTION to Extend Time regarding discovery/nondispositive matter (Sixth or more Request) Plaintiff's Motion to Extend Discovery Deadlines (Sixth Request) by Counter Defendants Andy Russo, Andy Russo, Andy Russo, Plaintiff Andy Russo. Motion ripe 11/19/2012. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gerrard, Douglas) |
| Filing 187 WITHDRAWAL of Motion re #182 MOTION For Leave To Conduct More Than 10 Depositions filed by Andy Russo. (Gerrard, Douglas) Wrong event selected by attorney, event modified on 11/13/2012 (RFJ). |
| Notice of Docket Correction to #187 Notice (Other) : ERROR: Wrong event selected by attorney Douglas D. Gerrard. Counsel advised in the future please file documents in accordance with Special Order 109 filing procedures. CORRECTION: Court modified event as #187 WITHDRAWAL of Motion. (no image attached)(RFJ) |
| Filing 186 RESPONSE to #179 Emergency MOTION for Protective Order filed by Counter Claimants Joseph Lopez, Joseph Lopez, Joseph Lopez, Defendant Joseph Lopez. Replies due by 11/19/2012. (Attachments: #1 Exhibit Exhibit 1)(McNutt, Daniel) |
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Filing 185
ORDER Granting #173 Motion to Intervene Pursuant to Federal Rule of Civil Procedure 24(a)(2) by Continental Casualty Company and Valley Forge Insurance Company. Signed by Magistrate Judge George Foley, Jr on 11/6/2012. (Copies have been distributed pursuant to the NEF - SLR)
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| Filing 184 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr, on 11/2/2012. By Judicial Assistant: Julia Wright. RE: #182 Plaintiff's MOTION For Leave To Conduct More Than 10 Depositions, #179 Plaintiff's Emergency MOTION for Protective Order and for Sanctions Motion Hearing set for Friday, November 30, 2012, at 1:30 PM in LV Courtroom 3A before Magistrate Judge George Foley Jr. (Copies have been distributed pursuant to the NEF - JBW) |
| Filing 183 REPLY to Response to #173 MOTION to Intervene filed by Intervenor Parties Continental Casualty Company, Valley Forge Insurance Company. (Rasmussen, R.) |
| Filing 182 MOTION For Leave To Conduct More Than 10 Depositions filed by Counter Defendant Andy Russo. Responses due by 11/11/2012. (Attachments: #1 Exhibit 1)(Gerrard, Douglas) |
| Filing 181 ERROR: Incomplete document, refiled as #182 MOTION For Leave To Conduct More Than 10 Depositions Under FRCP 30(a)(2)(A)(i) by Counter Defendant Andy Russo. Responses due by 11/11/2012. (Attachments: #1 Exhibit 1)(Gerrard, Douglas) Modified on 10/26/2012 (SRK). |
| Filing 180 NOTICE re Order #174 by Aster Elements, Inc., Joseph Lopez. (Attachments: #1 Exhibit Exhibit 1)(McNutt, Daniel) |
| Filing 179 Emergency MOTION for Protective Order Plaintiff's Emergency Motion for Protective Order and for Sanctions by Counter Defendants Andy Russo, Andy Russo, Andy Russo, Plaintiff Andy Russo. Motion ripe 10/23/2012. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Gerrard, Douglas) |
| Filing 178 TRANSCRIPT of Proceedings, 172 Motion Hearing, held on September 27, 2012, before Magistrate Judge George Foley, Jr. 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 11/13/2012. Redacted Transcript Deadline set for 11/23/2012. Release of Transcript Restriction set for 1/21/2013. (JPQ) |
| Filing 177 CERTIFICATE OF SERVICE for #176 Joinder by Defendant Joseph Lopez. (McNutt, Daniel) |
| Filing 176 JOINDER to #175 Response to Motion, ; filed by Defendant Joseph Lopez. (McNutt, Daniel) |
| Filing 175 RESPONSE to #173 MOTION to Intervene, filed by Counter Defendants Andy Russo, Andy Russo, Andy Russo, Plaintiff Andy Russo. Replies due by 10/28/2012. (Gerrard, Douglas) |
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Filing 174
ORDER Granting in part and Denying in part #145 Motion for Magistrate Judge to Reconsider Magistrate Judge Order. Defendant Joseph Lopez shall provide the documents outlined in this Order to Plaintiff Andy Russo no later than October 22, 2012. Signed by Magistrate Judge George Foley, Jr on 10/12/12. (Copies have been distributed pursuant to the NEF - EDS)
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| Filing 173 MOTION to Intervene by Intervenor Parties Continental Casualty Company, Valley Forge Insurance Company. Responses due by 10/18/2012. (Attachments: #1 Exhibit A, #2 Proposed Order Proposed Order)(Rasmussen, R.) |
| Filing 172 MINUTES OF PROCEEDINGS - Motion Hearing held on 9/27/2012 before Magistrate Judge George Foley, Jr. Crtrm Administrator: E. Garcia; Pla Counsel: James Shapiro and Andy Russo present; Def Counsel: Daniel McNutt; Time of Hearing: 1:26p.m. - 2:11p.m.; Courtroom: 3A; The Court hears arguments of counsel as to #145 Plaintiff Russo's Motion for Partial Reconsideration of this Court's July 3, 2012 Order (doc.# 141). The Court addresses the data base associated with the Onsturd Router that would identify projects for which the router was used during the period between January 1, 2010 through August 31, 2011. If the information is not accessible or does not exist, Defendant is to be provide an affidavit to the Court. The Court orders production of relevant insurance documents as stated on the record, for the period between January 1, 2010 through August 31, 2011. The Court orders Defendant to identify and produce relevant information as to the contracts and jobs which were SMI jobs that were taken over by SMI-USA or Aster Company and/or Corporation as stated on the record. The Court will issue a written Order. (no image attached) (Copies have been distributed pursuant to the NEF - EMG) |
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Filing 171
ORDER Granting #170 Motion to Extend Time in Which to File an Objection or Motion for Partial Reconsideration or Clarification of #168 Order. Responses due by 10/1/2012. Signed by Magistrate Judge George Foley, Jr on 9/27/2012. (Copies have been distributed pursuant to the NEF - SLR)
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| Filing 170 MOTION to Extend Time (First Request) to File An Objection Or Motion For Partial Reconsideration Or Clarification Of The Courts 9/5/12 #168 Order filed by Defendant Joseph Lopez. Motion ripe 9/24/2012. (McNutt, Daniel) |
| Filing 169 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr, on 9/18/2012. By Judicial Assistant: Julia Wright. RE: #145 MOTION for Magistrate Judge to Reconsider Magistrate Judge Order Plaintiff Russo's Motion for Partial Reconsideration of this Court's July 3, 2012 Order (Doc. #141) : Motion Hearing set for Thursday, September 27, 2012, at 1:30 PM in LV Courtroom 3A before Magistrate Judge George Foley Jr. (Copies have been distributed pursuant to the NEF - JBW) |
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Filing 168
ORDER Granting #150 Motion for Protective Order. Granting in part and Denying in part #152 Motion to Compel. Signed by Magistrate Judge George Foley, Jr on 9/5/2012. (Copies have been distributed pursuant to the NEF - SLR)
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Filing 167
ORDER Denying #157 MOTION to Strike. The Court finds records and documents responsive to Defendants subpoena relating to Sierra Metals, Inc., Sierra Construction Services and Sierra Metals Southwest, LLC shall be produced within 20 days from the date of this order. Signed by Magistrate Judge George Foley, Jr on 8/27/2012. (Copies have been distributed pursuant to the NEF - SLR)
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| Filing 166 MINUTES OF PROCEEDINGS - Hearing re #150 Plaintiffs Emergency Motion for Protective Order, #152 Defedant Lopezs Motion to Compel the Production of Documents of Russos Company ARJ Inc., and for Sanctions and #157 Defendant Lopez Motion to Strike held on 8/27/2012 before Magistrate Judge George Foley, Jr. Crtrm Administrator: E. Garcia; Pla Counsel: James Shapiro and Andy Russo present; Def Counsel: Daniel McNutt; Court Reporter/FTR #: 11:28a.m. - 12:03p.m.; Time of Hearing: 11:30a.m.; Courtroom: 3A; The Court canvasses and hears representations and arguments of counsel as to #150 Plaintiffs Emergency Motion for Protective Order, #152 Defendant Lopezs Motion to Compel and #157 Defendant Lopez Motion to Strike. The Court denies #157 Defendant Lopez' Motion to Strike. The Court takes Motion for Protective Order #150 and Motion to Compel #152 under submission. Written ruling of the Court will issue, as stated on the record. (Copies have been distributed pursuant to the NEF - EMG) |
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Filing 165
ORDER ON STIPULATION Granting #162 Stipulation For Extension of Time Re: Rebuttal Expert Disclosure Deadline. Signed by Magistrate Judge George Foley, Jr on 8/27/2012. (Copies have been distributed pursuant to the NEF - SLR)
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| Filing 164 REPLY to Response to #150 MOTION for Protective Order filed by Counter Defendants Andy Russo, Andy Russo, Andy Russo, Plaintiff Andy Russo. (Gerrard, Douglas) |
| Filing 163 REPLY to Response to #157 MOTION to Strike #150 MOTION for Protective Order ; filed by Counter Claimants Joseph Lopez, Joseph Lopez, Joseph Lopez, Defendant Joseph Lopez. (Attachments: #1 Exhibit 1)(McNutt, Daniel) |
| Filing 162 STIPULATION FOR EXTENSION OF TIME (Sixth or more Request) Re: Rebuttal Expert Disclosure Deadline filed by Andy Russo. (Gerrard, Douglas) |
| Filing 161 RESPONSE to #157 MOTION to Strike #150 MOTION for Protective Order, filed by Counter Defendants Andy Russo, Andy Russo, Andy Russo, Plaintiff Andy Russo. Replies due by 9/2/2012. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gerrard, Douglas) . |
| Filing 160 RESPONSE to #152 MOTION to Compel the Production of Documents of Russo's Company ARJ, Inc. and For Sanctions filed by Counter Defendants Andy Russo, Andy Russo, Andy Russo, Plaintiff Andy Russo. Replies due by 9/1/2012. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14)(Gerrard, Douglas) |
| Filing 159 RESPONSE to #150 MOTION for Protective Order, filed by Counter Claimants Joseph Lopez, Joseph Lopez, Joseph Lopez, Defendant Joseph Lopez. Replies due by 9/1/2012. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibits 6 - 9)(McNutt, Daniel) |
| Filing 158 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr, on 8/22/2012. By Deputy Clerk: Heidi Ojeda. RE: #157 MOTION to Strike #150 MOTION for Protective Order. The Court will hear this matter at the time set for hearing Plaintiff's Motion for Protective Order #150 and Defendant's Motion to Compel #152 . Motion Hearing set for Monday, August 27, 2012 at 11:30 AM in LV Courtroom 3A before Magistrate Judge George Foley Jr.(no image attached) (Copies have been distributed pursuant to the NEF - Ojeda, Heidi) |
| Filing 157 MOTION to Strike #150 MOTION for Protective Order by Defendant Joseph Lopez. Responses due by 9/7/2012. (McNutt, Daniel) |
| Filing 156 REPLY to Response to #145 MOTION for Magistrate Judge to Reconsider Magistrate Judge #141 Order ; filed by Counter Defendants Andy Russo, Andy Russo, Andy Russo, Plaintiff Andy Russo. Plaintiff Russo's Reply to Joseph Lopez's Opposition to Motion for Partial Reconsideration of this Court's July 3, 2012 Order (Attachments: #1 Exhibit 6)(Gerrard, Douglas) . |
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Filing 155
ORDER ON STIPULATION Granting #154 Stipulation to Continue Hearings. Motion Hearing set for 8/27/2012 11:30 AM in LV Courtroom 3A before Magistrate Judge George Foley Jr. Signed by Magistrate Judge George Foley, Jr on 8/20/2012. (Copies have been distributed pursuant to the NEF - SLR)
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| Filing 154 STIPULATION to Continue Hearings by Counter Claimants Joseph Lopez, Joseph Lopez, Joseph Lopez, Defendant Joseph Lopez. (McNutt, Daniel) |
| Filing 153 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr, on 8/16/2012. By Deputy Clerk: Heidi Ojeda. RE: #152 MOTION to Compel the Production of Documents of Russo's Company ARJ, Inc. and For Sanctions. The Court will hear argument on this Motion #152 at the time set for hearing Plaintiff's Motion for Protective Order #150 . Motion Hearing set for Friday, August 24, 2012 at 2:30 PM in LV Courtroom 3A before Magistrate Judge George Foley Jr. Responses are due no later than Wednesday, August 22, 2012. (no image attached) (Copies have been distributed pursuant to the NEF - Ojeda, Heidi) |
| Filing 152 MOTION to Compel the Production of Documents of Russo's Company ARJ, Inc. and For Sanctions filed by Defendant Joseph Lopez. Responses due by 9/1/2012. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3-4, #4 Exhibit 5, #5 Exhibit 6, #6 Exhibit 7-8, #7 Exhibit 9, #8 Exhibit 10, #9 Exhibit 11a, #10 Exhibit 11b)(McNutt, Daniel) |
| Filing 151 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr, on 8/15/2012. By Judicial Assistant: Julia Wright. RE: #150 Plaintiff's Emergency Motion for Protective Order : Motion Hearing set for Friday, August 24, 2012, at 2:30 PM in LV Courtroom 3B before Magistrate Judge George Foley Jr.IT IS ORDERED the deposition and production of documents are stayed until the court has time to hear this matter. (Copies have been distributed pursuant to the NEF - JBW) |
| Filing 150 MOTION for Protective Order filed by Counter Defendants Andy Russo, Andy Russo, Andy Russo, Plaintiff Andy Russo. Motion ripe 8/14/2012. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Gerrard, Douglas) |
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Filing 149
ORDER ON STIPULATION Granting #148 Stipulation to Extend Dedline to File Reply in Support of #145 MOTION for Magistrate Judge to Reconsider Magistrate Judge Order. Replies due by 8/20/2012. Signed by Magistrate Judge George Foley, Jr on 8/8/2012. (Copies have been distributed pursuant to the NEF - SLR)
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| Filing 148 STIPULATION FOR EXTENSION OF TIME re #147 Response to Motion; filed by Counter Defendants Andy Russo, Andy Russo, Andy Russo, Plaintiff Andy Russo. (Gerrard, Douglas) |
| Filing 147 RESPONSE to #145 MOTION for Magistrate Judge to Reconsider Magistrate Judge Order; filed by Defendant Joseph Lopez. Replies due by 8/13/2012. (McNutt, Daniel) |
| Filing 145 MOTION for Magistrate Judge to Reconsider Magistrate Judge Order re: #141 ORDER Granting in part and Denying in part #101 Motion to Compel, filed by Counter Defendants Andy Russo, Andy Russo, Andy Russo, Plaintiff Andy Russo. Responses due by 8/3/2012. (Attachments: #1 Exhibit 4, #2 Exhibit 5)(Gerrard, Douglas) Added docket entry relationship on 7/19/2012 (RFJ). |
| Filing 144 ANSWER to #45 Amended Complaint filed by Aster Elements, Inc., Joseph Lopez.(ECS) |
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Filing 143
ORDER granting #138 Defendants Joseph Lopez and Aster Elements Motion for Leave to File Instanter the Answer of Defendants to Russo's Second Amended Complaint. The clerk is instructed to file the Answer as a separate docket entry. Signed by Judge Philip M. Pro on 7/12/2012. (Copies have been distributed pursuant to the NEF - DMS)
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| Filing 142 REPLY to Response to #138 MOTION for Leave to File Answer to Second Amended Complaint ; filed by Defendants Aster Elements, Inc., Joseph Lopez, Counter Claimants Joseph Lopez, Joseph Lopez, Joseph Lopez. (McNutt, Daniel) |
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Filing 141
ORDER Granting in part and Denying in part #101 Motion to Compel Discovery and for Sanctions. Signed by Magistrate Judge George Foley, Jr on 7/3/2012. (Copies have been distributed pursuant to the NEF - SLR)
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| Filing 140 RESPONSE to #138 MOTION for Leave to File filed by Counter Defendants Andy Russo, Andy Russo, Andy Russo, Plaintiff Andy Russo. Replies due by 7/9/2012. (Gerrard, Douglas) |
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Filing 139
ORDERED Plaintiff shall file a Response to #138 Defendants' Motion for Leave to File Instanter, the Answer of Defendants to Russo's Second Amended Complaint by 7/5/2012. Signed by Judge Philip M. Pro on 6/20/2012. (no image attached) (Copies have been distributed pursuant to the NEF - DMS)
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| Filing 138 MOTION for Leave to File #106 Second AMENDED COMPLAINT, filed by Defendants Aster Elements, Inc., Joseph Lopez, Counter Claimants Joseph Lopez, Joseph Lopez, Joseph Lopez. Motion ripe 6/18/2012. (McNutt, Daniel) Added docket entry relationship on 6/19/2012 (RFJ). |
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Filing 137
ORDER that Russo is to pay Lopez the total sum of $8,875.00. Russo is further ordered to make full payment to Lopez by Friday, June 29, 2012. Signed by Magistrate Judge George Foley, Jr on 6/13/2012. (Copies have been distributed pursuant to the NEF - SLR)
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| Filing 136 SUPPLEMENT to #125 Reply to Response to Motion; filed by Counter Defendants Andy Russo, Andy Russo, Andy Russo, Plaintiff Andy Russo. (Gerrard, Douglas) |
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Filing 135
ORDER ON STIPULATION Granting #132 Stipulation Re: Expert Disclosure Deadlines. Signed by Magistrate Judge George Foley, Jr on 5/31/2012. (Copies have been distributed pursuant to the NEF - SLR)
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Filing 134
ORDER granting #131 Plaintiff's Motion for Leave to File Supplemental Reply to Joseph Lopez's Opposition to Fourth Motion to Compel Discovery and for Sanctions. Signed by Judge Philip M. Pro on 5/31/2012. (Copies have been distributed pursuant to the NEF - DMS)
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| Filing 133 REPLY to #124 Memorandum ; filed by Counter Claimants Joseph Lopez, Joseph Lopez, Joseph Lopez, Defendant Joseph Lopez. (McNutt, Daniel) |
| Filing 131 MOTION for Leave to File re: #101 MOTION to Compel filed by Counter Defendants Andy Russo, Andy Russo, Andy Russo, Plaintiff Andy Russo. Motion ripe 5/30/2012. (Gerrard, Douglas) Added docket entry relationship on 6/19/2012 (RFJ). |
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Filing 130
SCHEDULING ORDER Granting #129 Stipulation to Extend Discovery Deadlines. Discovery due by 12/26/2012. Motions due by 1/25/2013. Proposed Joint Pretrial Order due by 2/24/2013. Signed by Magistrate Judge George Foley, Jr on 5/30/2012. (Copies have been distributed pursuant to the NEF - SLR)
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| Filing 132 STIPULATION FOR EXTENSION OF TIME (Fifth Request) re: #130 SCHEDULING ORDER; filed by Counter Defendants Andy Russo, Andy Russo, Andy Russo, Plaintiff Andy Russo. (Gerrard, Douglas) |
| Filing 129 STIPULATION FOR EXTENSION OF TIME (Fourth Request) by Counter Claimants Joseph Lopez, Joseph Lopez, Joseph Lopez, Defendant Joseph Lopez. (McNutt, Daniel) |
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Filing 128
ORDER Denying #111 Motion to Strike the Second Amended Complaint as Untimely, Contrary to this Courts Order of March 12, 2012, and in Violation of Civil Rule 15. Signed by Judge Philip M. Pro on 5/29/2012. (Copies have been distributed pursuant to the NEF - SLR)
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| Filing 127 OBJECTION to #124 Memorandum filed by Counter Defendants Andy Russo, Andy Russo, Andy Russo, Plaintiff Andy Russo. (Gerrard, Douglas) |
| Filing 126 REPLY to Response to #111 MOTION to Strike re: #106 Second AMENDED COMPLAINT ; filed by Defendants Aster Elements, Inc., Joseph Lopez. (McNutt, Daniel) |
| Filing 125 REPLY to Response to #101 MOTION to Compel (Fourth request); filed by Counter Defendants Andy Russo, Andy Russo, Andy Russo, Plaintiff Andy Russo. (Attachments: #1 Exhibit 28, #2 Exhibit 29, #3 Exhibit 30, #4 Exhibit 31, #5 Exhibit 32, #6 Exhibit 33, #7 Exhibit 34, #8 Exhibit 35, #9 Exhibit 36, #10 Exhibit 37, #11 Exhibit 38, #12 Exhibit 39, #13 Exhibit 40, #14 Exhibit 41, #15 Exhibit 42)(Gerrard, Douglas) |
| Filing 124 AMENDED MEMORANDUM re: #113 ORDER filed by Defendant Joseph Lopez RE #123 Memorandum. (McNutt, Daniel) Docket entry relationship added and event modified on 5/11/2012 (RFJ). |
| Filing 123 MEMORANDUM re: #113 ORDER; filed filed by Defendant Joseph Lopez. (McNutt, Daniel) Added docket entry relationship on 5/11/2012 (RFJ). |
| Filing 122 RESPONSE to #111 MOTION to Strike, filed by Counter Defendants Andy Russo, Andy Russo, Andy Russo, Sierra Metals Southwest, LLC, Plaintiff Andy Russo. Replies due by 5/17/2012. (Gerrard, Douglas) |
| Filing 121 RESPONSE to #101 MOTION to Compel filed by Defendant Joseph Lopez. Replies due by 5/14/2012. (McNutt, Daniel) |
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Filing 120
ORDER Granting #115 MOTION to Extend Time to respond to Second Amended Complaint. Defendants Lopez and Aster Elements shall have 14 days after the decision on the Motion to Strike. Granting #116 Motion of Joseph Lopez for a 4-Day Extension of Time to Respond to #101 MOTION to Compel Plaintiff Russo's Fourth Motion to Compel Discovery and For Sanctions. Responses due by 5/4/2012. Signed by Magistrate Judge George Foley, Jr on 5/1/2012. (Copies have been distributed pursuant to the NEF - SLR)
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| Filing 119 DEMAND for Trial by Jury by Counter Defendants Andy Russo, Sierra Metals Southwest, LLC. (Gerrard, Douglas) |
| Filing 118 RESPONSE to #116 MOTION to Extend Time to File Response to #101 Motion to Compel filed by Andy Russo and Sierra Metals Southwest, LLC. Replies due by 5/11/2012. (Gerrard, Douglas) |
| Filing 117 ANSWER to #100 Counterclaim Andy Russo and Sierra Metals Southwest's Answer to Lopez's Second Amended Counterclaim filed by Andy Russo, Sierra Metals Southwest, LLC.(Gerrard, Douglas) |
| Filing 116 MOTION to Extend Time to File Response to #101 Motion to Compel. Motion ripe 4/30/2012. (McNutt, Daniel) Added docket entry relationship on 5/3/12. (ASB) Modified on 5/4/2012 (ASB). |
| Filing 115 MOTION to Extend Time regarding dispositive matter (First Request) Motion Of Joseph Lopez And Aster Elements For An Extension Of Time To Respond To Russos Second Amended Complaint by Defendants Aster Elements, Inc., Joseph Lopez. Motion ripe 4/30/2012. (McNutt, Daniel) |
| Filing 114 STATUS REPORT Interim filed by Counter Defendants Andy Russo, Andy Russo, Andy Russo, Plaintiff Andy Russo. (Gerrard, Douglas) |
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Filing 113
ORDER Granting #97 Motion for Protective Order. Defendant shall, no later than 14 days from entry of this order, serve and file a memorandum. Responses due within 14 days. Replies due within 7 days. Signed by Magistrate Judge George Foley, Jr on 4/27/2012. (Copies have been distributed pursuant to the NEF - SLR)
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| Filing 112 MINUTES OF PROCEEDINGS - Motion Hearing held on 4/26/2012 before Magistrate Judge George Foley, Jr. Crtrm Administrator: Heidi Jordan; Pla Counsel: James Shapiro; Def Counsel: Daniel McNutt; Court Reporter/FTR #: 10:29-11:08; Courtroom: 3A; The Court makes preliminary remarks and hears arguments of counsel regarding #97 Defendant's Motion for Protective Order Concerning Plaintiff's Fourth Request for Production of Documents and for Sanctions. Written ruling of the Court to follow. The issue of sanctions will also be addressed in the Court's Order. (no image attached) (Copies have been distributed pursuant to the NEF - HJ) |
| Filing 111 MOTION to Strike re: #106 Second AMENDED COMPLAINT; filed by Defendants Aster Elements, Inc., Joseph Lopez. Responses due by 5/11/2012. (McNutt, Daniel) |
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Filing 110
ORDER Denying as moot #103 Motion to Extend Time, in light of the Order on Stipulation (#109), extending the expert discovery deadline until May 18, 2012 and the rebuttal expert deadline until June 15, 2012. Signed by Magistrate Judge George Foley, Jr on 4/24/2012. (Copies have been distributed pursuant to the NEF - Ojeda, Heidi)
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Filing 109
ORDER ON STIPULATION Granting #108 Stipulation Re: Expert Disclosure Deadlines. Initial Expert Report due by 5/18/2012. Rebuttal experts due by June 15, 2012. Signed by Magistrate Judge George Foley, Jr on 4/18/2012. (Copies have been distributed pursuant to the NEF - SLR)
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| Filing 108 STIPULATION FOR EXTENSION OF TIME (Fourth Request) Stipulation and Order Re: Expert Disclosure Deadlines (Fourth Request) by Counter Defendants Andy Russo, Andy Russo, Andy Russo, Plaintiff Andy Russo. (Gerrard, Douglas) |
| Filing 107 ERROR: Document filed in error. CORRECTION: Attorney refiled document as #108 . STIPULATION FOR EXTENSION OF TIME (First Request) Stipulation and Order Re: Expert Disclosure Deadlines by Counter Defendants Andy Russo, Andy Russo, Andy Russo, Plaintiff Andy Russo. (Gerrard, Douglas) Modified on 4/17/2012 (RFJ). |
| NOTICE of Docket Correction to #107 Stipulation: ERROR: Document filed in error. CORRECTION: Attorney refiled corrected Stipulation as #108 STIPULATION FOR EXTENSION OF TIME (Fourth Request). (no image attached)(RFJ) |
| Filing 106 Second AMENDED COMPLAINT against Andy Russo, filed by Andy Russo. Adds new parties. Proof of service due by 8/11/2012. (Gerrard, Douglas) |
| Filing 105 REPLY to Response to #97 MOTION for Protective Order ; filed by Counter Claimants Joseph Lopez, Joseph Lopez, Joseph Lopez, Defendant Joseph Lopez. (McNutt, Daniel) |
| Filing 104 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr, on 4/13/2012. By Deputy Clerk: Heidi Ojeda. RE: #103 MOTION to Extend Time regarding discovery/nondispositive matter (Fourth Request). Defendants shall file a response to Plaintiff's Motion (#103) no later than Friday, April 20, 2012. (no image attached) (Copies have been distributed pursuant to the NEF - Ojeda, Heidi) |
| Filing 103 MOTION to Extend Time Fourth Request) to Extend Expert Disclosure Deadlines; filed by Counter Defendants Andy Russo, Andy Russo, Andy Russo, Plaintiff Andy Russo. Motion ripe 4/12/2012. (Gerrard, Douglas) |
| Filing 101 MOTION to Compel (Fourth request); filed by Counter Defendants Andy Russo, Andy Russo, Andy Russo, Plaintiff Andy Russo. Responses due by 4/29/2012. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15 - Under Seal, #16 Exhibit 16, #17 Exhibit 17 - Under Seal, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23 - Under Seal, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27)(Gerrard, Douglas) |
| Filing 100 SECOND COUNTERCLAIM against All Plaintiffs, filed by Joseph Lopez. (McNutt, Daniel) |
| Filing 99 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr, on 4/2/2012. By Deputy Clerk: Heidi Ojeda. RE: #97 MOTION for Protective Order. Motion Hearing set for Thursday, April 26, 2012 at 10:30 AM in LV Courtroom 3A before Magistrate Judge George Foley Jr.(no image attached) (Copies have been distributed pursuant to the NEF - Ojeda, Heidi) |
| Filing 98 RESPONSE to #97 MOTION for Protective Order, filed by Plaintiff Andy Russo, Counter Defendants Andy Russo, Andy Russo. Replies due by 4/9/2012. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13)(Gerrard, Douglas) |
| Filing 97 MOTION for Protective Order by Counter Claimants Joseph Lopez, Joseph Lopez, Defendant Joseph Lopez. Motion ripe 3/26/2012. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 1 - Part 2, #3 Exhibit Exhibit 1 - Part 3, #4 Exhibit Exhibit 1 - Part 4, #5 Exhibit Exhibit 2)(McNutt, Daniel) |
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Filing 96
ORDER Granting #56 Motion to Dismiss Third Party Complaint. Denying #61 Motion to Strike Sierra Metals, Southwest, LLC's Motion to Dismiss. Granting #62 Motion to Dismiss the Amended Complaint. Amended Complaint deadline: 4/11/2012. Signed by Judge Philip M. Pro on 3/12/2012. (Copies have been distributed pursuant to the NEF - SLR)
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Filing 95
SCHEDULING ORDER Granting #94 Stipulation to Extend Discovery Deadlines. Discovery due by 6/26/2012. Motions due by 7/26/2012. Proposed Joint Pretrial Order due by 8/24/2012. Signed by Magistrate Judge George Foley, Jr on 2/27/2012. (Copies have been distributed pursuant to the NEF - SLR)
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| Filing 94 STIPULATION FOR EXTENSION OF TIME (Third Request) to Extend Discovery Deadlines by Counter Claimants Joseph Lopez, Joseph Lopez, Defendant Joseph Lopez. (McNutt, Daniel) |
| Filing 93 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr, on 12/20/2011. By Deputy Clerk: Heidi Ojeda. Denying without prejudice #69 Motion to Compel. Pursuant to the parties' Joint Status Report (#92), the Court denies without prejudice Russo's Second Motion to Compel (#69). Russo may re-file this motion at a later date, if necessary. (Copies have been distributed pursuant to the NEF - Ojeda, Heidi) |
| Filing 92 Joint STATUS REPORT by Counter Claimants Joseph Lopez, Joseph Lopez, Defendant Joseph Lopez. (McNutt, Daniel) |
| Filing 91 RESPONSE to #69 MOTION to Compel filed by Counter Claimants Joseph Lopez, Joseph Lopez, Defendant Joseph Lopez. Replies due by 12/29/2011. (McNutt, Daniel) |
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Filing 90
ORDER Granting #87 Motion to Extend Time to Respond re #69 Plaintiff's Second MOTION to Compel. Responses due by 12/19/2011. Signed by Magistrate Judge George Foley, Jr. on 12/13/11. (Copies have been distributed pursuant to the NEF - MMM)
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Filing 89
ORDER Denying #63 MOTION to Compel filed by Andy Russo. Signed by Magistrate Judge George Foley, Jr. on 12/12/11. (Copies have been distributed pursuant to the NEF - MMM)
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Filing 88
ORDER Granting #64 Motion to Maintain Attorneys Eyes Only Designation. Signed by Magistrate Judge George Foley, Jr. on 12/12/11. (Copies have been distributed pursuant to the NEF - MMM)
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| Filing 87 Joint MOTION to Extend Time regarding discovery/nondispositive matter (Second Request) re #69 MOTION to Compel; filed by Counter Claimants Joseph Lopez, Joseph Lopez, Defendant Joseph Lopez. Motion ripe 12/12/2011. (McNutt, Daniel) |
| Filing 86 MINUTES OF PROCEEDINGS - Motion Hearing held on 12/7/2011 before Magistrate Judge George Foley, Jr. Crtrm Administrator: Heidi Jordan; Pla Counsel: James Shapiro; Def Counsel: Daniel McNutt, David Proano (telephonically); Court Reporter/FTR #: 9:31-10:27; Courtroom: 3A; The Court makes preliminary remarks and hears representations and arguments of counsel. ORDERED that Plaintiff's Motion to Compel Discovery and for Sanctions #63 is DENIED on the grounds that Plaintiff's requests for production are over broad on their face and not relevant to the claims and defenses in this case. The Court will issue a written decision regarding Plaintiff's for request for production of documents from New Era Builders, Inc. FURTHER ORDERED that Plaintiff's Motion to Maintain Attorney's Eyes Only Designation #64 stands submitted. The Court will issue a written decision. The Court and counsel discuss Plaintiff's Second Motion to Compel Discovery #69 which is not fully briefed. Defense counsel will have another document production to Plaintiff by Monday, December 12, 2011, which should resolve the Motion #69 . The parties are ordered to file a Status Report on or before December 19, 2011. (Copies have been distributed pursuant to the NEF - HJ) |
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Filing 85
ORDER granting #84 Motion to Extend Time re #84 MOTION to Extend Time regarding discovery/nondispositive matter (First Request) re #69 MOTION to Compel Plaintiff Russo's Second Motion to Compel Discovery and for Sanctions. Responses due by 12/12/2011. Replies due by 12/22/2011. Signed by Magistrate Judge George Foley, Jr on 12/06/2011. (Copies have been distributed pursuant to the NEF - Ojeda, Heidi)
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| Filing 84 MOTION to Extend Time (First Request) re #69 MOTION to Compel filed by Counter Claimants Joseph Lopez, Joseph Lopez, Defendant Joseph Lopez. Motion ripe 12/5/2011. (McNutt, Daniel) |
| Filing 83 CERTIFICATE OF SERVICE by Plaintiff Andy Russo re #81 Reply - Other. (Gerrard, Douglas) |
| NOTICE of Docket Correction to #77 Reply to Response to Motion: ERROR: Document filed in error by Attorney. CORRECTION: Document refiled by attorney as #82 REPLY. Document errored out by Court. (no image attached)(RFJ) |
| Filing 82 REPLY to Response to #63 MOTION to Compel; filed by Counter Defendant Andy Russo. (Gerrard, Douglas) |
| Filing 81 REPLY to #74 RESPONSE to #64 MOTION for Protective Order; filed by Plaintiff Andy Russo. (Attachments: #1 Exhibit 26)(Gerrard, Douglas) Added docket entry relationship on 12/8/2011 (RFJ). |
| Filing 80 NOTICE by Plaintiff Andy Russo (Gerrard, Douglas) |
| Filing 79 REPLY to Response to #62 MOTION to Dismiss the Amended Complaint ; filed by Defendant Aster Elements, Inc.. (McNutt, Daniel) |
| Filing 78 CERTIFICATE OF SERVICE re #77 Reply to Response to Motion; filed by Counter Defendant Andy Russo. (Gerrard, Douglas) |
| Filing 77 ERROR: Document filed in error by Attorney. CORRECTION: Document refiled by attorney as #82 REPLY to Response to 63 MOTION to Compel. REPLY to Response to #69 MOTION to Compel; filed by Counter Defendant Andy Russo. (Gerrard, Douglas) Modified on 11/30/2011 (RFJ). |
| Filing 76 REPLY to Response to #61 MOTION to Strike #56 MOTION to Dismiss ; filed by Counter Claimants Joseph Lopez, Joseph Lopez, Defendant Joseph Lopez. (McNutt, Daniel) |
| Filing 75 RESPONSE to #63 MOTION to Compel; filed by Counter Claimants Joseph Lopez, Joseph Lopez, Defendant Joseph Lopez. Replies due by 11/28/2011. (Attachments: #1 Exhibit Exhibits 1 - 10, #2 Exhibit Exhibits 11 - 12, #3 Exhibit Exhibits 13 - 17)(McNutt, Daniel) |
| Filing 74 RESPONSE to #64 MOTION for Protective Order; filed by Counter Claimants Joseph Lopez, Joseph Lopez, Defendant Joseph Lopez. Replies due by 11/28/2011. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 4)(McNutt, Daniel) |
| Filing 73 SUBPOENA Returned Executed (McNutt, Daniel) |
| Filing 72 SUBPOENA Returned Executed (McNutt, Daniel) |
| Filing 71 RESPONSE to #62 MOTION to Dismiss, filed by Plaintiff Andy Russo, Counter Defendants Andy Russo, Andy Russo. Replies due by 11/28/2011. (Gerrard, Douglas) |
| Filing 70 RESPONSE to #61 MOTION to Strike #56 MOTION to Dismiss, filed by Plaintiff Andy Russo, Counter Defendants Andy Russo, Andy Russo. Replies due by 11/27/2011. (Gerrard, Douglas) |
| Filing 69 MOTION to Compel Plaintiff Russo's Second Motion to Compel Discovery and for Sanctions by Plaintiff Andy Russo, Counter Defendants Andy Russo, Andy Russo. Responses due by 12/4/2011. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gerrard, Douglas) |
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Filing 68
ORDER Granting #55 Motion to Strike Certain Claims Appearing in Plaintiff's Amended Complaint. The third cause of action for "Breach of Implied Covenant of Good Faith and Fair Dealing - Tortuous Breach" and twelfth cause of action for "Fraudulent Misrepresentation" are hereby stricken from Plaintiff's Amended Complaint #45 . Signed by Magistrate Judge George Foley, Jr. on 11/15/11. (Copies have been distributed pursuant to the NEF - JAG)
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| Filing 67 REPLY to Response to #55 MOTION to Strike #45 Amended Complaint ; filed by Counter Claimants Joseph Lopez, Joseph Lopez, Defendant Joseph Lopez. (McNutt, Daniel) |
| Filing 66 REPLY to Response to #61 MOTION to Strike #56 MOTION to Dismiss; filed by Plaintiff Andy Russo, Counter Defendants Andy Russo, Andy Russo, Sierra Metals Southwest, LLC. (Gerrard, Douglas) |
| Filing 65 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr, on 11/3/2011. By Judicial Assistant: Julia Wright. RE: #63 Plaintiff's Motion to Compel Discovery and for Sanctions, #64 and Plaintiff's Motion to Maintain Attorneys Eyes Only Designation : Motion Hearing set for Wednesday, December 7, 2011, at 9:30 AM in LV Courtroom 3A before Magistrate Judge George Foley Jr. (Copies have been distributed pursuant to the NEF - JBW) |
| Filing 64 MOTION for Protective Order; filed by Plaintiff Andy Russo, Counter Defendants Andy Russo, Andy Russo. Motion ripe 11/1/2011. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17)(Gerrard, Douglas) |
| Filing 63 MOTION to Compel; filed by Plaintiff Andy Russo, Counter Defendants Andy Russo, Andy Russo. Responses due by 11/18/2011. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25)(Gerrard, Douglas) M |
| Filing 62 MOTION to Dismiss re: #45 AMENDED COMPLAINT; filed by Defendant Aster Elements, Inc.. Responses due by 11/18/2011. (McNutt, Daniel) Added docket entry relationship on 11/9/2011 (RFJ). |
| Filing 61 MOTION to Strike #56 MOTION to Dismiss; filed by Counter Claimants Joseph Lopez, Joseph Lopez, Defendant Joseph Lopez. Responses due by 11/17/2011. (McNutt, Daniel) |
| Filing 60 RESPONSE to #56 MOTION to Dismiss; filed by Counter Claimants Joseph Lopez, Joseph Lopez, Defendant Joseph Lopez. Replies due by 11/10/2011. (McNutt, Daniel) |
| Filing 59 RESPONSE to #55 MOTION to Strike #45 Amended Complaint, filed by Plaintiff Andy Russo, Counter Defendants Andy Russo, Andy Russo. Replies due by 11/10/2011. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Gerrard, Douglas) |
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Filing 58
ORDER ON STIPULATION Granting #57 Stipulation to Extend Deadlines. Discovery due by 4/27/2012. Motions due by 5/18/2012. Proposed Joint Pretrial Order due by 6/25/2012. Signed by Magistrate Judge George Foley, Jr on 10/27/11. (Copies have been distributed pursuant to the NEF - MMM)
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| Filing 57 STIPULATION FOR EXTENSION OF TIME (Second Request) to Extend Discovery Deadlines ; filed by Plaintiff Andy Russo, Counter Defendants Andy Russo, Andy Russo. (Gerrard, Douglas) |
| Filing 56 MOTION to Dismiss re: #39 Amended COUNTERCLAIM; filed by Plaintiff Andy Russo, Counter Defendants Andy Russo, Andy Russo, Sierra Metals Southwest, LLC. Responses due by 10/31/2011. (Gerrard, Douglas) Added docket entry relationship on 11/4/2011 (RFJ). |
| Filing 55 MOTION to Strike #45 Amended Complaint by Counter Claimants Joseph Lopez, Joseph Lopez, Defendant Joseph Lopez. Responses due by 10/30/2011. (McNutt, Daniel) |
| Filing 54 ANSWER to #45 Amended Complaint filed by Joseph Lopez. Certificate of Interested Parties due by 10/23/2011. Discovery Plan/Scheduling Order due by 11/27/2011.(McNutt, Daniel) |
| Filing 53 SUMMONS Returned Executed by Andy Russo re #47 Summons Issued, #45 Amended Complaint. Aster Elements, Inc. served on 10/11/2011, answer due 11/1/2011. (Gerrard, Douglas) |
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Filing 52
PROTECTIVE ORDER. Signed by Magistrate Judge George Foley, Jr on 10/6/11. (Copies have been distributed pursuant to the NEF - ASB)
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Filing 51
ORDER ON STIPULATION Granting #50 Stipulation for Protective Order. Signed by Magistrate Judge George Foley, Jr on 10/6/11. (Copies have been distributed pursuant to the NEF - ASB)
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| Filing 50 STIPULATION for Protective Order; filed by Plaintiff Andy Russo, Counter Defendants Andy Russo, Andy Russo. (Gerrard, Douglas) |
| Filing 49 MINUTES OF PROCEEDINGS - Status Conference held on 10/4/2011 before Magistrate Judge George Foley, Jr. Crtrm Administrator: Heidi Jordan; Pla Counsel: James Shapiro; Def Counsel: Daniel McNutt, David Proano; Court Reporter/FTR #: 1:49 - 2:29; Courtroom: 3A; The Court hears representations and arguments of counsel regarding language in their protective order. IT IS ORDERED that the parties' protective order will provide that if a party designates a document for "attorney eyes only," the party receiving the documents shall have a set number of days as agreed by the parties (the Court suggests 10 or 15 days) in which to challenge the designation of attorney eyes only. The party designating the document as "attorney eyes only" shall then have 10 or 15 days (depending on what the parties agree) in which to file a motion to support that designation of document. The party asserting the "attorney eyes only" shall have the burden of proving that it is warranted. The document will remain subject to the "attorney eyes only" until and unless the Court determines otherwise. FURTHER ORDERED that if a document has been designated as "attorney eyes only," then the recipient party's attorney may not disclose the document to client or to other persons including accountants or other experts, unless the parties stipulate to such disclosure or it is authorized by the court. FURTHER ORDERED that the Minutes of Proceedings of August 30, 2011, are clarified regarding the Motion to Compel #26 wherein the Court ordered the production of documents by Defendant and that the production was to be made up through August 30, 2011. (no image attached) (Copies have been distributed pursuant to the NEF - HJ). |
| Filing 48 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr, on 9/30/2011. By Judicial Assistant: Julia Wright. At the request of counsel, a Telephonic Status Conference regarding language in a protective order is set for Tuesday, October 4, 2011, at 2:00 PM in LV Courtroom 3A before Magistrate Judge George Foley Jr. Please dial (702) 868-4910, password 123456, 5 minutes prior to the hearing time. Please remain on the line until such time as the Court joins the call and convenes the proceedings. The use of a cell phone or speaker phone during the call is prohibited. The call must be made using a land line. (Copies have been distributed pursuant to the NEF - JBW) |
| Filing 47 Summons Issued as to Aster Elements, Inc.. (MMM) |
| Filing 46 PROPOSED SUMMONS to be issued Aster Elements, Inc. f/k/a Sierra Metals, Inc. USA, filed by Plaintiff Andy Russo, Counter Defendants Andy Russo, Andy Russo. (Gerrard, Douglas) |
| Filing 45 AMENDED COMPLAINT with Jury Demand against Joseph Lopez, filed by Andy Russo. Adds new parties. Proof of service due by 1/27/2012. (Gerrard, Douglas) |
| Filing 44 SUMMONS Returned Executed by Joseph Lopez. Sierra Metals Southwest, LLC served on 9/16/2011, answer due 10/7/2011. (McNutt, Daniel) |
| Filing 43 NOTICE: Attorney Action Required to #42 Subpoena Returned Executed: ERROR: Wrong event selected by attorney. CORRECTION: Attorney Daniel R McNutt advised to refile document using the "Summons Returned Executed" event under the "Service of Process" category as a separate event. (no image attached)(RFJ) |
| Filing 42 ERROR: Wrong event selected by attorney. CORRECTION: Attorney advised to refile using correct event. SUBPOENA Returned Executed (McNutt, Daniel) Modified on 9/26/2011 (RFJ). |
| Filing 41 Summons Issued as to Sierra Metals Southwest, LLC. (MMM) |
| Filing 40 PROPOSED SUMMONS to be issued to Sierra Metals Southwest, LLC, filed by Counter Claimants Joseph Lopez, Joseph Lopez, Defendant Joseph Lopez. (McNutt, Daniel) |
| Filing 39 Amended COUNTERCLAIM against Andy Russo, Sierra Metals Southwest, LLC, filed by Joseph Lopez. (McNutt, Daniel) |
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Filing 38
ORDER Granting #28 Motion to Joint Sierra Metals Southwest, LLC; and Granting Plaintiff Russo's Countermotion to Joint Aster Elements, LLC contained within #30 Response to Motion. Signed by Judge Philip M. Pro on 8/31/11. (Copies have been distributed pursuant to the NEF - MMM)
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| Filing 37 MINUTES OF PROCEEDINGS - Motion Hearing held on 8/30/2011 before Magistrate Judge George Foley, Jr. Crtrm Administrator: Heidi Jordan; Pla Counsel: James Shapiro; Def Counsel: Daniel McNutt; Court Reporter/FTR #: 10:59-11:36; Time of Hearing: 10:59-11:36; Courtroom: 3A; The Court hears representations and arguments of counsel. IT IS HEREBY ORDERED that the Motion to Compel #26 is GRANTED and the Counter-Motion for Protective Order and Sanctions contained in document #29 is DENIED. The parties shall submit a proposed protective order regarding confidential/proprietary information to the Court. Defendant/Counterclaim-Plaintiff's motion for fees and costs is DENIED. (Copies have been distributed pursuant to the NEF - HJ) |
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Filing 36
ORDER ON STIPULATION Granting #33 Stipulation to Extend Discovery Deadlines. Discovery due by 12/27/2011. Motions due by 1/23/2012. Proposed Joint Pretrial Order due by 2/21/2012. Signed by Magistrate Judge George Foley, Jr. on 8/26/11. (Copies have been distributed pursuant to the NEF - MMM)
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| Filing 35 REPLY to Response to #26 MOTION to Compel ; filed by Defendant Joseph Lopez, Counter Claimant Joseph Lopez. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4-5, #5 Exhibit 6-7, #6 Exhibit 8-9, #7 Exhibit 10-11, #8 Exhibit 12 part 1, #9 Exhibit 12 part 2, #10 Exhibit 12 part 3, #11 Exhibit 13, #12 Exhibit 14, #13 Exhibit 15 part 1, #14 Exhibit 15 part 2, #15 Exhibit 15 part 3, #16 Exhibit 16 part 1, #17 Exhibit 16 part 2, #18 Exhibit 17)(McNutt, Daniel) |
| Filing 34 REPLY to Response to #28 MOTION to Join Sierra Metals Southwest, LLC as a Required Party Under Rule 19 ; filed by Defendant Joseph Lopez, Counter Claimant Joseph Lopez. (McNutt, Daniel) |
| Filing 33 STIPULATION FOR EXTENSION OF TIME (First Request) by Defendant Joseph Lopez, Counter Claimant Joseph Lopez. (McNutt, Daniel) |
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Filing 32
ORDER ON STIPULATION Granting #31 Stipulation to Extend Time to Reply re #28 MOTION to Join Required Party and #26 MOTION to Compel. Replies due by 8/25/2011. Signed by Magistrate Judge George Foley, Jr on 8/22/11. (Copies have been distributed pursuant to the NEF - MMM)
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| Filing 31 STIPULATION FOR EXTENSION OF TIME (First Request) re: #28 MOTION to Join; filed by Defendant Joseph Lopez, Counter Claimant Joseph Lopez. (McNutt, Daniel) |
| Filing 30 RESPONSE to #28 MOTION to Join Sierra Metals Southwest, LLC as a Required Party Under Rule 19, filed by Plaintiff Andy Russo, Counter Defendant Andy Russo. Replies due by 8/22/2011. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27)(Gerrard, Douglas) |
| Filing 29 RESPONSE to #26 MOTION to Compel, filed by Plaintiff Andy Russo, Counter Defendant Andy Russo. Replies due by 8/20/2011. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27)(Gerrard, Douglas) |
| Filing 28 MOTION to Join Sierra Metals Southwest, LLC as a Required Party Under Rule 19 by Defendant Joseph Lopez, Counter Claimant Joseph Lopez. Responses due by 8/15/2011. (McNutt, Daniel) Modified text on 8/1/2011 (SRK). |
| Filing 27 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr, on 7/28/2011. By Judicial Assistant: Julia Wright. RE: #26 Defendant's MOTION to Compel : Motion Hearing set for Tuesday, August 30, 2011, at 11:00 AM in LV Courtroom 3A before Magistrate Judge George Foley Jr. (Copies have been distributed pursuant to the NEF - JBW) |
| Filing 26 MOTION to Compel by Defendant Joseph Lopez, Counter Claimant Joseph Lopez. Responses due by 8/8/2011. (Attachments: #1 Exhibit 1 - 6, #2 Exhibit 7 - 14)(McNutt, Daniel) |
| Filing 25 SUBPOENA Returned Executed as to Pat Jenkins (McNutt, Daniel) |
| Filing 24 SUBPOENA Returned Executed as to Jani Cummerang (McNutt, Daniel) |
| Filing 23 SUBPOENA Returned Executed as to Robin Campbell (McNutt, Daniel) |
| Filing 22 SUBPOENA Returned Executed as to Carley Montgomery (McNutt, Daniel) |
| Filing 21 SUBPOENA Returned Executed as to PMK Sierra Metals Southwest (McNutt, Daniel) |
| Filing 20 SUBPOENA Returned Executed as to Sierra Metals, Inc. (McNutt, Daniel) |
| Filing 19 SUBPOENA Returned Executed as to Sierra Metals Southwest, LLC (McNutt, Daniel) |
| Filing 18 SUBPOENA Returned Executed as to Sierra Construction Services, Inc. (McNutt, Daniel) |
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Filing 17
SCHEDULING ORDER Granting #16 Proposed Discovery Plan/Scheduling Order. Discovery due by 10/28/2011. Motions due by 11/23/2011. Proposed Joint Pretrial Order due by 12/23/2011. Signed by Magistrate Judge George Foley, Jr on 4/20/11. (Copies have been distributed pursuant to the NEF - MMM)
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| Filing 16 PROPOSED Discovery Plan/Scheduling Order filed by Plaintiff Andy Russo, Counter Defendant Andy Russo Proposed Discovery Plan and Scheduling Order. (Gerrard, Douglas) |
| Filing 15 DEMAND for Trial by Jury by Plaintiff Andy Russo, Counter Defendant Andy Russo Demand for Jury Trial. (Gerrard, Douglas) |
| Filing 14 (1st Notice) PURSUANT TO SPECIAL ORDER 109: that Aaron Dean Lancaster is in violation of Special Order 109. Participation in the electronic filing system became mandatory for all attorneys effective January 1, 2006. You are required to register for the Courts Case Management and Electronic Case Filing (CM/ECF) program and the electronic service of pleadings. Please visit the Courts website www.nvd.uscourts.gov, then select CM/ECF Info, to register the Attorney(s). (no image attached) (SRK) |
| Filing 13 STATUS REPORT RE: REMOVAL Joint Case Status Report filed by Defendant Joseph Lopez. (McNutt, Daniel) |
| Filing 12 ANSWER to #4 Answer to Complaint, Counterclaim Andy Russo's Answer to Counterclaim filed by Andy Russo.(Gerrard, Douglas) |
| Filing 11 CERTIFICATE of Interested Parties filed by Andy Russo that identifies all parties that have an interest in the outcome of this case. Other Affiliate Sierra Metals, Inc., Other Affiliate Sierra Construction Services, Inc., Other Affiliate Sierra Metals Southwest, LLC for Andy Russo, Andy Russo added. Andy Russo's Certificate as to Interested Parties (L.R. 7.1-1). (Gerrard, Douglas) |
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Filing 10
ORDER Granting #8 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Jose C. Feliciano and approving Designation of Local Counsel Daniel R. McNutt for Joseph Lopez. Signed by Judge Philip M. Pro on 3/9/11. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - MMM)
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Filing 9
ORDER Granting #7 Verified Petition for Permission to Practice Pro Hac Vice for Attorney David Proano and approving Designation of Local Counsel Daniel R. McNutt for Joe Lopez. Signed by Judge Philip M. Pro on 3/9/11. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - MMM)
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| Filing 8 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Jose C. Feliciano and DESIGNATION of Local Counsel Daniel R. McNutt (Filing fee $ 175 receipt number 0978-1912018) by Defendant Joseph Lopez. Motion ripe 3/9/2011. (McNutt, Daniel) |
| Filing 7 VERIFIED PETITION for Permission to Practice Pro Hac Vice by David Proano and DESIGNATION of Local Counsel Daniel R. McNutt (Filing fee $ 175 receipt number 0978-1912004) by Defendant Joseph Lopez. Motion ripe 3/9/2011. (McNutt, Daniel) |
| Filing 6 STATEMENT RE: REMOVAL filed by Defendant Joseph Lopez. (McNutt, Daniel) |
| Filing 5 CERTIFICATE of Interested Parties filed by Joseph Lopez that identifies all parties that have an interest in the outcome of this case. Other Affiliate Sierra Metals, Inc., Other Affiliate Sierra Construction Services, Inc., Other Affiliate New Era Builders, Inc. for Joseph Lopez added.. (McNutt, Daniel) |
| Filing 4 ANSWER to Complaint ( Certificate of Interested Parties due by 3/11/2011., Discovery Plan/Scheduling Order due by 4/15/2011.), COUNTERCLAIM against Andy Russo filed by Joseph Lopez.(McNutt, Daniel) |
| Filing 3 MINUTE ORDER IN CHAMBERS of the Honorable Judge Philip M. Pro, on 2/22/2011. By Deputy Clerk: Molly Morrison. Statement regarding removed action is due by 3/12/2011. Joint Status Report regarding removed action is due by 3/27/2011. (Copies have been distributed pursuant to the NEF - MMM) |
| 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) (MMM) |
| Filing 1 PETITION FOR REMOVAL from Eighth Judicial District Court, Clark County Nevada, Case Number A-10-626811-C, (Filing fee $ 350 receipt number 0978-1893610), filed by Joseph Lopez. Certificate of Interested Parties due by 3/4/2011. (Attachments: #1 Civil Cover Sheet)(McNutt, Daniel) |
| Case assigned to Judge Philip M. Pro and Magistrate Judge George Foley, Jr. (MMM) |
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