No. 8 Mine, LLC v. The Eljen Group, LLC et al
| No. 8 Mine, LLC |
| Jack Elkins, Steve Harper, Elven E. Jennings, Frank Lente and The Eljen Group, LLC |
| Jack Elkins, Steve Harper, Elven E. Jennings, Frank Lente and The Eljen Group, LLC |
| No. 8 Mine, LLC and David Tackett |
| 3:2018cv00104 |
| March 6, 2018 |
| US District Court for the District of Nevada |
| Reno Office |
| William G. Cobb |
| Miranda M. Du |
| Contract: Other |
| 28 U.S.C. ยง 1441 Petition for Removal- Breach of Contract |
| None |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
234
ORDER - The Eljen Parties' motion to compel (ECF No. 211 ) is DENIED WITHOUT PREJUDICE. The Eljen Parties may renew their motion, if necessary, after they have complied with the court's meet and confer requirements. Signed by Magistrate Judge William G. Cobb on 7/29/2021. (Copies have been distributed pursuant to the NEF - SMR)
|
|
Filing
233
ORDER granting ECF No. 187 Motion, subject to the Harringtons receiving the 130,000 pounds of turquoise ore at issue in that case which will trigger their obligation to return the $20,000 to Tackett, and is further subject to any offsets from the $20,000 that the Harringtons are entitled. Signed by Magistrate Judge William G. Cobb on 7/28/2021. (Copies have been distributed pursuant to the NEF - SC)
|
|
Filing
225
ORDER - The Eljen Parties' motion for attorney's fees and costs (ECF No. 184 ) is GRANTED IN PART as follows: (1) Elkins' and Harper's request for fees under the promissory note is GRANTED in the amount of 6;8,790. (2) The Eljen Parties' motion for attorney's fees is GRANTED as to the request under Nevada Rule of Civil Procedure 68 in the amount of $85,628.25. This award shall incorporate the courts previous orders awarding fe es on the motions to compel (ECF Nos. 173 , 148 ) as to avoid the duplication of fees awarded. (3) The Eljen Parties' request for costs under NRS 18.020 is GRANTED in the amount of $5,373.83. (4) The motion is DENIED as to the request for fees under NRS 18.010 and NRS 41.1395. (See PDF Order for specifics). Signed by Magistrate Judge William G. Cobb on 7/14/2021. (Copies have been distributed pursuant to the NEF - SMR)
|
|
Filing
224
ORDER Granting Motion to Allow Immediate Registration of Judgments (ECF No 223 ). Defendant David Tackett has until 12:00 p.m. on Friday 7/16/2021 to file a Response. Signed by Magistrate Judge William G. Cobb on 7/12/2021. (Copies have been distributed pursuant to the NEF - SMR) Modified on 7/12/2021 to correct inadvertently bold entry. (SMR).
|
|
Filing
212
ORDER - Mr. Tackett has until June 1, 2021 to file a response to the Eljen Parties' Motion for Attorneys Fees and Costs (ECF No. 184 ) and the Motion for Assignment of Right of Action (ECF No. 187 ). The Eljen Parties shall file any reply briefing on or before June 11, 2021.. Signed by Magistrate Judge William G. Cobb on 5/13/2021. (Copies have been distributed pursuant to the NEF - DRM)
|
|
Filing
208
ORDER granting ECF No. 207 Motion to Extend Time. The Reply to the Response (ECF No. 204 ) to the ECF No. 200 Motion is due by March 19, 2021. Signed by Magistrate Judge William G. Cobb on 3/9/2021. (Copies have been distributed pursuant to the NEF - AB)
|
|
Filing
197
ORDER Re: ECF No. 192 : The Eljen parties shall file a notice by Tuesday, February 16, 2021, advising the court whether the trailer was returned by the agreed upon deadline. If it is returned, the Eljen Parties shall also indicate the wi thdrawal of their motion. Mr. Tackett is reminded of his obligation to return the trailer under the court's order. If the trailer is not returned by Monday, February 15, 2021, at 1:00 p.m., the court will enlist the U.S. Marshals assistance in effectuating the return of the trailer. Signed by Magistrate Judge William G. Cobb on 2/9/2021. (Copies have been distributed pursuant to the NEF - DRM)
|
|
Filing
195
ORDER GRANTING ECF No. 188 Unopposed Motion to Withdraw as Counsel : Attorney Mitchell L Posin terminated as counsel for Plaintiff No. 8 Mine, LLC, and Counter Defendant/Third Party Defendant David Tackett. IT IS HEREBY ORDERED that Plaintiff No. 8 Mine, LLC, shall file a substitution of counsel within thirty (30) days of this order, i.e., on or before Monday, March 8, 2021. No. 8 Mine, LLC, should be aware that if it fails to timely secure replacement counsel, its par ticipation in this case may be terminated. IT IS FURTHER ORDERED that a copy of this order and all documents filed until Plaintiff No. 8 Mine, LLC, obtains counsel shall be served on Plaintiff No. 8 Mine, LLC, and Counter Defendant/Third Party Defendant David Tackett, via regular mail at the addresses specified herein. (Copies have been distributed pursuant to the NEF - DRM)
|
|
Filing
190
ORDER - Before the court will consider Mr. Posin's motion to withdraw (ECF No. 188 ), Mr. Posin shall serve the motion to withdraw (ECF No. 188 ) as well as a copy of this Order on Plaintiff No. 8 Mine, LLC, and Counter Defendant/Third P arty Defendant David Tackett, and file a proof of service with the court. LR IA 11-6(b). Plaintiff No. 8 Mine, LLC, and Counter Defendant/Third Party Defendant David Tackett, will then have fourteen (14) days to file a response to the motion to withdraw (ECF No. 188 ), if they so desire. Signed by Magistrate Judge William G. Cobb on 12/28/2020. (Copies have been distributed pursuant to the NEF - AB)
|
|
Filing
176
ORDER - The Court finds that Tackett is the alter ego of No. 8 Mine. Clerk shall enter judgment in favor of the Eljen Group/Jennings and against No. 8 Mine/Tackett on the claims for unjust enrichment, fraud, conversion, breach of the promise to deli ver silver (Counts II, III, VI, VIII) in the amount of $408,277, plus either the return of the trailer or payment of its value of $11,000. The Eljen Group/Jennings are entitled to prejudgment interest in the amount of $78,409.60, and p ost-judgment interest at the statutory rate under NRS 17.130(2). The Clerk shall enter judgment in favor of Jennings and against No. 8 Mine/Tackett in the amount of $419,277 on the elder abuse claim in Count VI. The Clerk shall enter judgment in favor of Elkins and Harper and against No. 8 Mine/Tackett in the amount of $326,667, for the breach of assignment agreement claim in Count IX. Elkins and Harper are entitled to an award of prejudgment interest at the contractual rate of 10 perc ent per annum for a total of $44,753.38, as well as post-judgment interest at the contractual rate of 10 percent per annum.The Eljen Group/Jennings are entitled to a declaration that they were within their rights to either cancel the agreement, and/or withhold and re-sell the PA2 turquoise when No. 8 Mine/Tackett failed to pay for the turquoise. The Eljen Group/Jennings are entitled to a declaration that No. 8 Mine/Tackett did not complete the purchase of the turquoise, which was a precondi tion to the obligation of the Eljen Group/Jennings to assign, transfer, or convey rights arising under the litigation in 3:07-cv-00230-LRH-RAM; therefore, any rights arising from the 3:07-cv-00230-LRH-RAM litigation remain with the Eljen Group/Jennin gs. The Eljen parties' request that the preliminary injunction remain in effect as to No. 8 Mine and Tackett is denied. The court will, however, retain jurisdiction to entertain any motions that a party or person acting in concert with a party with knowledge of the injunction violated the terms of the preliminary injunction while it was in place. The Eljen parties' request that the court authorize them to place locks and cameras on No. 8 Mine/Tackett's facilities that store No. 8 turquoise is likewise denied. The Eljen parties elected to not proceed to judgment on Count IV, Count V, or Count X; therefore, those claims are dismissed with prejudice. Signed by Magistrate Judge William G. Cobb on 10/26/2020. (ECF No. 163 Motion terminated) (Copies have been distributed pursuant to the NEF - AB)
|
|
Filing
173
ORDER - The Eljen parties' motion for attorney's fees (ECF No. 162 ) is GRANTED. No. 8 Mine and Tackett have 30 days from the date of this Order to pay the Eljen parties the sum of $2,101.41, for the attorney's fees incurred in filing the second motion to compel. Signed by Magistrate Judge William G. Cobb on 10/1/2020. (Copies have been distributed pursuant to the NEF - LW)
|
|
Filing
160
ORDER - (1) Robert Higgins and Argent Asset Group, LLC are DISMISSED WITHOUT PREJUDICE. (2) The Eljen parties' motion to compel (ECF No. 153 ) is GRANTED. If they chose to do so, on or before May 22, 2020, the Eljen parties may file a motion requesting reimbursement of fees incurred in connection with this motion to compel under Rule 37. Any response is due by June 5, 2020, and any reply is due on or before June 12, 2020. (3) No. 8 Mine's Second Amended Compla int/Tackett's Counterclaim (ECF No. 107 ) is DISMISSED. (4) No. 8 Mine's and Tackett's Answer to the Eljen parties' First Amended Counterclaim/Third Party Complaint (ECF No. 60 ) is STRICKEN. (5) The outstan ding motions for partial summary judgment ECF Nos. 137 , and 157 ) are DENIED AS MOOT, and the joint pretrial order deadline is VACATED. (6) On or before May 22, 2020, the Eljen parties shall submit a document identifying th e counterclaims/third party claims against No. 8 Mine/Tackett on which they wish to proceed to judgment, and specify the amount of damages they claim they are have suffered as a result, with a supporting explanation and evidence for the amounts; or, indicate that their motion for partial summary judgment at ECF No. 137 adequately reflects this information. If they file a new document, No. 8 Mine/Tackett may file a response on or before June 5, 2020. Any reply is due on or before June 12, 2020. Signed by Magistrate Judge William G. Cobb on 5/7/2020. (Copies have been distributed pursuant to the NEF - DRM)
|
|
Filing
148
ORDERED that Plaintiffs No. 8 Mine and Tackett, collectively, shall reimburse the Eljen Parties the sum of $1,721.68 on or before close of business on March 31, 2020. Plaintiffs should be advised they run the risk of having their action against the Eljen Parties dismissed if the award is not satisfied before the deadline the court has imposed. Signed by Magistrate Judge William G. Cobb on 3/5/2020. (Copies have been distributed pursuant to the NEF - LW)
|
|
Filing
118
ORDER granting ECF No. 113 Stipulation re ECF No. 107 Second Amended Complaint. Signed by Magistrate Judge William G. Cobb on 9/23/2019. (Copies have been distributed pursuant to the NEF - LH)
|
|
Filing
105
PRELIMINARY INJUNCTION re ECF No. 104 Stipulation. Signed by Magistrate Judge William G. Cobb on 8/8/2019. (Copies have been distributed pursuant to the NEF - KR)
|
|
Filing
95
ORDER - The motion to consolidate (ECF No. 56 in 3:18-cv-00028-WGC and ECF No. 81 in 3:18-cv-00104-WGC) is GRANTED IN PART AND DENIED IN PART. The motion is granted insofar as there will be pretrial consolidation of the cases solely for t he purpose of determining the issue of ownership specified herein. The parties shall submit a proposed stipulated discovery plan and scheduling order to govern discovery and dispositive motion practice as to this limited issue only by 7/25/2019. It should be filed in both cases. Signed by Magistrate Judge William G. Cobb on 7/11/2019. (Copies have been distributed pursuant to the NEF - DRM)
|
|
Filing
86
ORDER granting ECF No. 85 Stipulation To Extend Time re ECF No. 81 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)
|
|
Filing
74
TEMPORARY RESTRAINING ORDER. No. 8 Mine, LLC, David Tackett, etc., are restrained from dispossessing the No. 8 turquoise and silver bars in their possession until further order of the court. Responses to ECF. No. 69 Motion for Preliminary Inju nction due by 3/15/2019 and Replies due by 3/22/2019. The Court will set a hearing on the motion after briefing is complete. Signed by Magistrate Judge William G. Cobb on 3/11/2019. (Copies have been distributed pursuant to the NEF - KW)
|
|
Filing
59
ORDER granting ECF No. 58 Stipulation to a stay all current pending discovery deadlines including the October 4, 2018 expert disclosure deadline. Signed by Magistrate Judge William G. Cobb on 10/4/2018. (Copies have been distributed pursuant to the NEF - DRM)
|
|
Filing
53
ORDER granting 52 Stipulation Regarding Filing of Defendants' First Amended Answer, Counterclaims and Third Party Claims. Signed by Magistrate Judge William G. Cobb on 9/21/2018. (Copies have been distributed pursuant to the NEF - HJ)
|
|
Filing
48
PROTECTIVE ORDER pursuant to ECF No. 47 Stipulation. See Protective Order for specific details and information. Signed by Magistrate Judge William G. Cobb on 8/28/2018. (Copies have been distributed pursuant to the NEF - KW)
|
|
Filing
44
ORDER granting ECF No. 42 Joint Stipulated Request to Stay Settlement Conference scheduled for 8/22/2018 at 9:00 AM. Signed by Magistrate Judge William G. Cobb on 8/9/2018. (Copies have been distributed pursuant to the NEF - LH)
|
|
Filing
28
CASE MANAGEMENT ORDER setting a case management conference for 6/20/2018 at 9:30 AM in Reno Courtroom 2 before United States Magistrate Judge William G. Cobb. Counsel wishing to appear telephonically shall dial 1-877-873-8017, enter the access code 3416460, and enter the security code 62018 approximately five minutes prior to the hearing. Signed by Magistrate Judge William G. Cobb on 5/9/2018. (Copies have been distributed pursuant to the NEF - LH)
|
|
Filing
24
ORDER granting ECF No. 23 Notice of Disassociation of Counsel as to Rendal B. Miller on behalf of Plaintiff and Counterdefendants No. 8 Mine, LLC and Dave Tackett. Signed by Magistrate Judge William G. Cobb on 4/25/2018. (Copies have been distributed pursuant to the NEF - LH)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Nevada District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
