Harrington et al v. Tackett
Plaintiff: Daniel Harrington and Pamella Harrington
Defendant: David Tackett
Case Number: 3:2018cv00028
Filed: January 17, 2018
Court: US District Court for the District of Nevada
Office: Reno Office
Presiding Judge: Valerie P. Cooke
Presiding Judge: Miranda M. Du
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332 Diversity-(Citizenship)
Jury Demanded By: Plaintiff

Available Case Documents

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

Date Filed Document Text
March 25, 2022 Opinion or Order Filing 195 ORDER - Defendant's Motion for Extension to File Response to Plaintiffs' Motion to Alter or Amend Judgment (ECF No. 194 ) is GRANTED. Defendant shall have to and including Monday, March 28, 2022, to file a response to Plaintiffs' Motion to Alter or Amend Judgment (ECF No. 193 ). Signed by Magistrate Judge Craig S. Denney on 3/25/2022. (Copies have been distributed pursuant to the NEF - DRM)
January 10, 2022 Opinion or Order Filing 187 CIVIL CONTEMPT ORDER- The court imposes against Tackett the civil contempt sanction of a compensatory award of fees and costs incurred by Plaintiffs in obtaining the contempt finding and the attendant proceedings that have not already been awarded . Plaintiffs have 30 days from the date of this Order (2/9/2022) to submit a memorandum of fees and costs so incurred. Tackett will then have 15 days to file a response regarding the amount or necessity of the fees/costs incur red. Plaintiffs have 60 days from the date of this Order to file a motion to alter or amend the judgment under Federal Rule of Civil Procedure 60(b) to seek damages instead of rescission. Signed by Magistrate Judge William G. Cobb on 1/10/2022. (Copies have been distributed pursuant to the NEF - DRM)
October 29, 2021 Opinion or Order Filing 184 ORDER - Tackett has up to and including November 12, 2021, to file a response to Plaintiff's notice (ECF No. 183 ). Plaintiffs have up to and including November 19, 2021, to file a reply. Signed by Magistrate Judge William G. Cobb on 10/29/2021. (Copies have been distributed pursuant to the NEF - HKL)
August 16, 2021 Opinion or Order Filing 179 ORDER re: 178 Defendant's Response. The court will give Plaintiffs a chance to respond to Tackett's latest filing and then will hold a hearing, at which point the issue of possible incarceration will be addressed. Plaintiffs may also consider and advise the court in their response whether they would like to seek relief under Federal Rule of Civil Procedure 60(b) to seek a monetary judgment instead of rescission. IT IS HEREBY ORDERED that Plaintiffs have until August 30, 2021, to file a response to Tackett's notice. The court will schedule a hearing on this issue for after briefing is completed. Signed by Magistrate Judge William G. Cobb on 8/16/2021. (Copies have been distributed pursuant to the NEF - HJ)
July 28, 2021 Opinion or Order Filing 175 ORDER Re: ECF No. 165 Motion for Order to Show Cause : Tackett is again found to be in civil contempt of this court's orders to return the approximately 130,000 pounds of turquoise ore to Plaintiffs. Tackett has until noon on August 1 1, 2021, to file a notice advising the court and Plaintiffs of the location of the 130,000 pounds of turquoise ore sold to him by the Plaintiffs. If Tackett does not do so, the court will immediately issue a warrant for his arrest and have him in carcerated in Flagstaff, Arizona, until he complies with the court's orders to purge his contempt. Should Tackett be incarcerated, he "holds the keys" to the jailhouse in that he can end his incarceration by providing the court with i nformation concerning the whereabouts of the turquoise ore that is the subject of this action. If Tackett is incarcerated, within seven days of his incarceration, the court will hold a hearing to evaluate his ability to purge his contempt. Signed by Magistrate Judge William G. Cobb on 7/28/2021. (Copies have been distributed pursuant to the NEF - DRM)
December 21, 2020 Opinion or Order Filing 160 ORDER - Mr. Tackett is ordered to reimburse Mr. Harrington for the expenses in the amount of $1,911.72. Plaintiffs may deduct these expenses from the $20,000 they are to pay Mr. Tackett in the event he returns the turquoise ore as ordered by the Court. Signed by Magistrate Judge William G. Cobb on 12/21/2020. (Copies have been distributed pursuant to the NEF - AB)
December 17, 2020 Opinion or Order Filing 154 ORDER directing Mr. Posin to immediately serve a copy of Plaintiffs' latest filing (ECF Nos. 152 , 152 -1 to 152 -4) on his client; directing Mr. Posin to immediately file a notice providing the Court with Mr. Tackett's email address. Signed by Magistrate Judge William G. Cobb on 12/17/2020. (Copies have been distributed pursuant to the NEF - KR)
December 16, 2020 Opinion or Order Filing 148 ORDER: The U.S. Marshals Service is directed to serve copies of ECF Nos. 136, 137, 138, 139, 140, 141, 143, 144, 145, and 147 on David Tackett at his last known personal and business addresses as follows (per ECF No. 96 and ECF No. 143- 2 at 3): David Tackett, 2711 East Lakin, No. 2, Flagstaff, AZ 86004; David Tackett, 2538 E Joshua Ln., Flagstaff, AZ 86004. IT IS SO ORDERED. Signed by Magistrate Judge William G. Cobb on 12/16/2020. (Copies have been distributed pursuant to the NEF - HJ)
December 15, 2020 Opinion or Order Filing 147 ORDER re OSC for Contempt (ECF No. 144 ) : Plaintiffs shall submit a notice by 12:00 noon on Friday, December 18, 2020, documenting the expenses Mr. Harrington incurred as specified herein. In addition, Tackett has until 12:00 noon on Friday, December 18, 2020, to file a notice indicating that the turquoise ore has been returned to Plaintiffs or the court will immediately order his incarceration in Flagstaff, Arizona, until he complies with the court's orders. Mr. Posin shall ensure that he immediately serves a copy of this Order on his client via email, and shall immediately contact his client via telephone to advise him of the contents of this Order. Mr. Posin shall file a notice that he has complied with this directive by 5:00 p.m. on Tuesday, December 15, 2020. Signed by Magistrate Judge William G. Cobb on 12/15/2020. (Copies have been distributed pursuant to the NEF - DRM)
December 8, 2020 Opinion or Order Filing 140 ORDER - Clerk shall enter judgment in favor of Plaintiffs Daniel Harrington, Pamella Harrington, and Nightwatch Marine, LLC, and against David Tackett on the breach of contract claim. The judgment shall reflect that Plaintiffs are entitled to the return of the turquoise ore at issue in this action at Tackett's expense. The remaining claims are dismissed with prejudice. Signed by Magistrate Judge William G. Cobb on 12/8/2020. (Copies have been distributed pursuant to the NEF - AB)
September 24, 2020 Opinion or Order Filing 124 ORDER - Plaintiffs' motion for partial summary judgment (ECF No. 102 ) is GRANTED with respect to the breach of contract claim, and DENIED with respect to the fraud claim. Plaintiffs are entitled to rescind the contract as a remedy for Tackett's breach of the contract. Tackett is ordered to make arrangements to return the turquoise ore that is the subject of this action within 30 days of the date of this Order (10/24/2020). Plaintiffs similarly have 30 days (10/24 /2020) to return the $20,000 payment made to them by Tackett. Within 14 days of the date of this Order (10/8/2020), Plaintiffs shall file a notice indicating the impact of this Order on their remaining claims for unjust enrichment and co nversion. Plaintiffs shall also address the impact this Order has on the stipulated preliminary injunction. If it is Plaintiffs' conclusion that this Order renders the remaining claims moot, the court will enter judgment accordingly. Signed by Magistrate Judge William G. Cobb on 9/24/2020. (Copies have been distributed pursuant to the NEF - DRM)
September 4, 2020 Opinion or Order Filing 118 ORDER granting ECF No. 105 Motion to Strike. Clerk shall strike the Response (ECF No. 104 ). The Court will issue a separate order on Plaintiffs' Motion for Partial Summary Judgment (ECF No. 102 ). Signed by Magistrate Judge William G. Cobb on 9/4/2020. (Copies have been distributed pursuant to the NEF - AB)
January 6, 2020 Opinion or Order Filing 96 ORDERED that Defendant's counsel's motion (ECF No. 92 ) is GRANTED. Henceforth, all documents required by the Federal Rules of Civil Procedure to be served on Defendant David Tackett shall be sent to the address set forth in the mot ion: David Tackett2711 East Lakin, No. 2Flagstaff, Arizona 86004IT IS FURTHER ORDERED that Defendant's response to Plaintiffs' Motion to Amend the First Amended Complaint (ECF No. 95 ) shall be filed on or before Friday, J anuary 24, 2020. Signed by Magistrate Judge William G. Cobb on 1/6/2020. (Order mailed to David Tackett to address specified herein on 1/6/2019)(Copies have been distributed pursuant to the NEF - DRM) Modified on 1/6/2020 to activate hyperlink (DRM).
October 16, 2019 Opinion or Order Filing 85 ORDER approving 84 Stipulation Extending Time for Fay Ward to Respond to Subpoena Duces Tecum. Signed by Magistrate Judge William G. Cobb on 10/16/2019. (Copies have been distributed pursuant to the NEF - KR)
August 8, 2019 Opinion or Order Filing 77 PRELIMINARY INJUNCTION per ECF No. 76 Stipulation. Signed by Magistrate Judge William G. Cobb on 8/8/2019. (Copies have been distributed pursuant to the NEF - KR)
July 2, 2019 Opinion or Order Filing 67 ORDER that the motion for leave to file the Tackett declaration under seal (ECF No. 54 ) is GRANTED; ECF No. 54 shall remain sealed; however, the Clerk's office shall extract the motion, Setness affidavit, proposed order and certificate of service (ECF No. 54 at 1-5) and docket those items unsealed next in order on the court's docket. Signed by Magistrate Judge William G. Cobb on 7/2/2019. (Copies have been distributed pursuant to the NEF - LH)
April 15, 2019 Opinion or Order Filing 60 ORDER granting ECF No. 59 Stipulation To Extend Time re ECF No. 56 Motion to Consolidate Cases. Harringtons' response due by 5/31/2019. Signed by Magistrate Judge William G. Cobb on 4/15/2019. (Copies have been distributed pursuant to the NEF - LH)
May 10, 2018 Opinion or Order Filing 21 ORDER granting ECF No. 18 Stipulation for Extension of Time to File Amended Complaint and Answer. Counsel are reminded that in the future requests for extension of time must comply with LR IA 6-1. See order for further details. Signed by Magistrate Judge William G. Cobb on 5/10/2018. (Copies have been distributed pursuant to the NEF - LH)
April 27, 2018 Opinion or Order Filing 16 ORDER that ECF No. 8 Tackett's motion to set aside default is GRANTED; the Clerk's entry of default (ECF No. 6 ) is hereby SET ASIDE; Tackett has until 5/11/2018 to answer or otherwise respond to ECF No. 1 complaint. Signed by Magistrate Judge William G. Cobb on 4/27/2018. (Copies have been distributed pursuant to the NEF - LH)
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Plaintiff: Daniel Harrington
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Plaintiff: Pamella Harrington
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Defendant: David Tackett
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