Travelers Casualty And Surety Company Of America v. Williams Brother Inc et al
| Travelers Casualty And Surety Company Of America |
| BLC Nevada Trust Dated 4/20/06, ECCL Holdings LLC, Darin Gubler, Dawna Gubler, Karen Gubler, Mark Gubler, Brenda Compton Peek, Michael L Peek, Peek Construction Company, Ashley Williams, Josie Williams, Maria Williams, Michael Williams and Williams Brother Inc. |
| BLC Nevada Trust Dated 4/20/06, ECCL Holdings LLC, Darin Gubler, Dawna Gubler, Karen Gubler, Mark Gubler, Brenda Compton Peek, Michael L Peek, Peek Construction Company and Williams Brother Inc. |
| Travelers Casualty And Surety Company Of America |
| 2:2012cv00058 |
| January 12, 2012 |
| US District Court for the District of Nevada |
| Las Vegas Office |
| Lloyd D. George |
| Robert J. Johnston |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
484
ORDER. THE COURT ORDERS that this matter is DISMISSED for want of prosecution. Signed by Judge Lloyd D. George on 10/4/17. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
474
ORDER Granting 459 Motion for Order Disregarding Sham Corporate Form, for Release of Funds Held in the Court's Registry to Travelers, and to Allow Direct Levy on Assets - CP Enterprises, LLC. Signed by Judge Lloyd D. George on 6/9/15. (Copies have been distributed pursuant to the NEF: cc Finance - MMM)
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Filing
426
ORDER denying without prejudice as moot 310 Motion for Attorney Fees; 311 Motion for Attorney Fees; 313 Motion for District Judge to Reconsider Order; 316 Motion to Compel; 328 Motion to approve expenses; 329 Motion to Strike; [333 ] Motion to Strike; 346 Emergency Application to approve expenses January budget; 351 Motion in Limine; 352 Motion to Vacate; and 361 Motion to consolidate trial on the merits with hearing on preliminary injunction. Signed by Judge Lloyd D. George on 9/26/2014. (Copies have been distributed pursuant to the NEF - DKJ)
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Filing
399
ORDER that the Peeks shall file supplements to the expenditure requests for January, February, March and April 2014 within 20 days. IT IS FURTHER ORDERED that 389 Defendants' Motion/Application to Approve Release of Funds to Pay Attorney's Fees and Expenses is DENIED. Signed by Judge Lloyd D. George on 05/09/2014. (Copies have been distributed pursuant to the NEF - AC)
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Filing
395
ORDER RE CONTEMPT and in Furtherance of Preliminary Injunction holding Gregory Peek and CP Enterprises, LLC in contempt. IT IS FURTHER ORDERED that Gregory Peek, CP Enterprises, LLC, or any Defendants shall deposit into the Court's registry $74,949.41 by the next court day. See Order for details. Signed by Judge Lloyd D. George on 04/30/2014. (Copies have been distributed pursuant to the NEF - AC)
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Filing
384
ORDER allowing the defendant and non-party corporations to proceed without legal representation under the conditions in Order. See Order for details. Signed by Judge Lloyd D. George on 04/10/2014. (Copies have been distributed pursuant to the NEF - AC)
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Filing
379
ORDER TO SHOW CAUSE. IT IS ORDERED that CP Enterprises, LLC, and Gregory Peek shall APPEAR before this court on 4/10/2014, at 9:00 am to SHOW CAUSE why they should not be held in contempt for violation of the court's preliminary injunction. Signed by Judge Lloyd D. George on 04/01/2014. (Copies have been distributed pursuant to the NEF - AC)
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Filing
378
ORDER Denying without prejudice Defendants' counsel's requests for attorney's fees and Granting 369 Defendants' counsel's Motion to Withdraw as Attorney. The individual Defendants and corporate Defendants shall notify the court of representation by 4/7/2014. IT IS FURTHER ORDERED that 374 Plaintiff's Motion for Order to Show Cause is GRANTED. Show Cause Hearing set for 4/10/2014 09:00 AM in LV Courtroom 6B before Judge Lloyd D. George. The evidentiary hearing scheduled for 4/10/2014 - 4/11/2014, is hereby VACATED. IT IS FURTHER ORDERED that 276 Defendant's Motion to Set Aside Default Judgment and Dismissing Counterclaim is DENIED; that 266 Plaintiff's Motion to Direct the Clerk to Issue Certification of Judgment is GRANTED; and that 265 Defendants' Motion for Temporary Restraining Order is DENIED as moot. Signed by Judge Lloyd D. George on 03/31/2014. (Copies have been distributed pursuant to the NEF - AC)
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Filing
358
ORDER Granting 353 Plaintiff's Motion to Seal Docket No. 230 -1. IT IS FURTHER ORDERED that Plaintiff's counsel shall refile a redacted version of Docket No. 230 -1 by 2/10/2014. Signed by Magistrate Judge Nancy J. Koppe on 02/05/2014. (Copies have been distributed pursuant to the NEF - AC)
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Filing
334
ORDER Setting a Hearing on defendants' emergency motion to approve expenses and to approve transfer of funds to pay attorney's fees ( 310 and 311 ), and defendants' motion for reconsideration of preliminary injunction 313 for 12/13/2013 at 10:00 AM in LV Courtroom 6B before Judge Lloyd D. George. Signed by Judge Lloyd D. George on 12/5/13. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
315
ORDER that the time for plaintiff to respond to defendants' emergency motion for reconsideration 313 shall be SHORTENED to November 12, 2013. In its response, plaintiff should place particular emphasis on defendants' proposal to provide an operating-expense margin for the non-party entities subject to the preliminary injunction. Signed by Judge Lloyd D. George on 11/5/13. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
304
PRELIMINARY INJUNCTION. Signed by Judge Lloyd D. George on 10/21/2013. (Copies have been distributed pursuant to the NEF - SLR)
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Filing
296
ORDER that 225 Emergency Motion for Injunctive Relief Freezing all Assets of Indemnitor Defendants is GRANTED. FURTHER ORDERED that with 10 days from the filing of this order, Travelers shall file a proposed preliminary injunction freezing all ass ets of indemnitor defendants as set forth herein. FURTHER ORDERED that Travelers' MOTION for Partial Summary Judgment on Specific Performance of Collateral Security Clause 122 shall be REINSTATED as of the date of the entry of the preliminary injunction. FURTHER ORDERED that as defendants were represented by counsel during the briefing of Travelers' motion for partial summary judgment of specific performance of the collateral security clause 122 , the indemnitor defendants' request made during the preliminary injunction hearing to file supplemental briefing is DENIED. Signed by Judge Lloyd D. George on 10/4/13. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
292
ORDER that 166 Motion for Order to Show Cause, and 172 Motion for Order Segregating and Sequestering Collateral (Tax Refunds), are DENIED as moot. Signed by Judge Lloyd D. George on 9/30/13. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
270
ORDER that 248 Motion to Set Aside Default Judgment and Judgment Dismissing Counterclaim is GRANTED effective September 9, 2013. FURTHER ORDERED that Travelers shall have, if it chooses to do so, until September 3, 2013, to move to expand the tem porary restraining order to include Peek Construction Company, ECCL Holdings, LLC, and BLC Nevada Trust dated April 20, 2006, as of the effective date of the order to set aside. FURTHER ORDERED that a Hearing on 225 Motion for Preliminary Injunctio n of Asset Freeze shall be conducted on Thursday, 9/12/2013, at 10:00 AM in LV Courtroom 6B before Judge Lloyd D. George. FURTHER ORDERED that 122 Motion for Partial Summary Judgment is DENIED without prejudice. Signed by Judge Lloyd D. George on 8/26/13. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
251
ORDER that the continued preliminary injunction hearing schedul for July 18, 2013, is VACATED. FURTHER ORDERED that Plaintiff Travelers shall file any response to 248 Motion to Set Aside by 7/22/13 and the corporate defendants shall file any reply by 7/24/13. FURTHER ORDERED that the parties shall file any responsive briefs to the supplemental briefing by 7/22/13. FURTHER ORDERED that the Temporary Restraining Order 244 issued on 7/11/13 shall remain in effect until resolution of the request for preliminary injunctive relief. Signed by Judge Lloyd D. George on 7/17/13. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
244
TEMPORARY RESTRAINING ORDER. Signed by Judge Lloyd D. George on 7/11/13. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
238
ORDER that a Hearing re 225 Motion for Injunctive Relief is set for 7/10/2013 at 10:00 AM in LV Courtroom 6B before Judge Lloyd D. George. FURTHER ORDERED that indemnitor defendants Michael and Brenda Peek, and Mark and Dawna Gubler shall make per sonal appearances at the hearing, and that the failure to appear of an indemnitor defendant may result in the granting of injunctive relief against such defendant and the consideration of other sanctions. Signed by Judge Lloyd D. George on 7/8/13. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
235
ORDER Granting 234 Motion to Substitute Attorney. George Edward Robinson substituted in place and stead of Attorney David J Rivers, II for Travelers Casualty and Surety Company of America. Signed by Magistrate Judge Nancy J. Koppe on 7/1/13. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
233
JUDGMENT OF DISMISSAL OF COUNTERCLAIM. The counterclaims asserted by William Brother, Inc. and Peek Construction Company against Travelers Casualty and Surety Company of America are dismissed with prejudice. Signed by Judge Lloyd D. George on 6/17/13. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
208
ORDER that 105 Motion to Dismiss Defendant's Fifth Claim for Relief in their Counterclaim is GRANTED. FURTHER ORDERED that 60 Motion for Sanctions, and 65 Motion for Order to Show Cause are DENIED as moot. Signed by Judge Lloyd D. George on 3/27/13. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
204
ORDER Denying without prejudice 185 Motion to Compel. FURTHER ORDERED that 200 Motion for Entry of Order Granting 185 MOTION to Compel is DENIED. Signed by Magistrate Judge Nancy J. Koppe on 3/13/13. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
196
TEMPORARY RESTRAINING ORDER. Signed by Judge Lloyd D. George on 2/28/2013. (Copies have been distributed pursuant to the NEF - DXS)
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Filing
192
ORDER Granting 175 Motion to Withdraw as Attorney except as to Darin Gubler and Karen Gubler. No later than March 22, 2013, Defendants Mark Gubler, Dawna Gubler, Brenda Compton Peek and Michael L. Peek shall either have their new counsel enter an appearance on their behalf Signed by Magistrate Judge Nancy J. Koppe on 2/25/2013. (Copies have been distributed pursuant to the NEF - SLR)
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Filing
189
ORDER Granting 184 Motion to Remove Attorney Ogonna Atamoh from Electronic Service List. The hearing set for this motion for February 25, 2013 is VACATED. That hearing remains on calendar with respect to Docket #109. Signed by Magistrate Judge Nancy J. Koppe on 2/15/13. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
157
ORDER Denying 134 Defendant's Motion for Order that Jury Demand is Timely and Granting 139 Plaintiff's Motion to Strike 133 Jury Demand. Signed by Magistrate Judge Robert J. Johnston on 12/26/2012. (Copies have been distributed pursuant to the NEF - AC)
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Filing
151
ORDER Granting, as enumerated in the Order, 141 Motion to Compel. Signed by Magistrate Judge Robert J. Johnston on 11/9/12. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
136
ORDER re 131 Notice of Withdrawal of 110 MOTION to Compel filed by Travelers Casualty And Surety Company Of America. Signed by Magistrate Judge Robert J. Johnston on 10/11/12. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
126
ORDER Denying without prejudice 27 Motion to Strike Defendants' Emergency Motion Exhibits. Signed by Judge Lloyd D. George on 9/24/2012. (Copies have been distributed pursuant to the NEF - DXS)
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Filing
119
ORDER on 65 Motion for Order to Show Cause. Signed by Judge Lloyd D. George on 8/30/2012. (Copies have been distributed pursuant to the NEF - DXS)
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Filing
95
ORDER Granting 94 Motion to Withdraw 87 Emergency MOTION for Protective Order. Signed by Magistrate Judge Robert J. Johnston on 5/22/12. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
58
ORDER Granting 53 Motion for Order to Show Cause. Show Cause Hearing set for 4/20/2012 at 08:00 AM in LV Courtroom 6B before Judge Lloyd D. George. Signed by Judge Lloyd D. George on 4/4/12. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
32
ORDER Granting 6 Travelers Motion and orders that WBI and PCC each produce their books and records, including project records, bank statements, checks and transfers, appraisals, auction contracts and auction settlement statements on dates set by agreement of counsel, to begin the week of February 20, 2012. Signed by Judge Lloyd D. George on 2/17/12. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
30
ORDERED that 13 defendants' motion, construed as a Motion for Temporary Restraining Order, is GRANTED to the extent that the proceeds from the identified auction which have not been paid to previous creditors other than Travelers Casualty and Surety Company of America, be disbursed up to the amount of $750,000 to defendants Williams Brothers, Inc., and Peek Construction Company solely for the purposes of continuing work on any or all of the three projects identified to the court in the February 15, 2012, hearing. FURTHER ORDERED that defendants Williams Brothers, Inc., and Peek Construction company shall in combination or singly deposit a security in the amount of $750,000 with the court pursuant to Fed.R.Civ.P. 65(c) before disbursement of the remaining auction proceeds. granting 13 Motion for Preliminary Injunction. Signed by Judge Lloyd D. George on 2/15/12. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
23
ORDER that defendants Williams Brother, Inc., and Peek Construction Company, shall notice Travelers of their motion and attempt to consult with Travelers regarding the motion on or before February 13, 2012. A hearing shall be conducted on Travelers motion for preliminary injunction and defendants emergency motion for mandatory and prohibitory preliminary injunctive relief on 2/15/12 at 10:00 AM in Courtroom 6B. Travelers may file a written response to defendants motion before the hearing, if it so wishes. Signed by Judge Lloyd D. George on 2/9/12. (Copies have been distributed pursuant to the NEF - ECS) (Main Document 23 replaced on 2/9/2012) (ECS).
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