Acheff v. Lazare et al
| William B Acheff |
| Peter B Lazare, John Doe, Jon J Edelman Trust and Jane Doe |
| Jon Edelman, Jon J. Edelman, John J. Edelman and Dennis L. Stein |
| United States of America |
| 1:2012cv00100 |
| February 1, 2012 |
| US District Court for the District of New Mexico |
| Albuquerque Office |
| Taos |
| Judith C Herrera |
| Robert Hayes Scott |
| Taxes |
| 28 U.S.C. § 1441 |
| None |
Docket Report
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This docket was last retrieved on July 19, 2016. A more recent docket listing may be available from PACER.
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Filing 227
ORDER by District Judge Judith C. Herrera Approving #224 Special Master's Report Confirming Sale and Ordering Disbursement (Attachments: #1 Exhibit Special Master's Deed) (baw)
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| Filing 226 MOTION for Order Approving Special Master's Report Confirming Sale and Ordering Disbursement by William B Acheff. (Terrazas, Jessica) |
| Filing 225 EXHIBITS by William B Acheff to the Report and Account of Special Master #224 (Terrazas, Jessica) Modified text and link on 2/1/2016 (mjr). |
| Filing 224 REPORT AND ACCOUNT OF SPECIAL MASTER by William B Acheff (Terrazas, Jessica) Modified text on 2/1/2016 (mjr). |
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Filing 223
ORDER by District Judge Judith C. Herrera granting #222 Joint Motion to Alter or Amend. (baw)
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| Filing 222 Joint MOTION to Amend/Correct by William B Acheff. (Terrazas, Jessica) |
| Filing 221 ABSTRACT OF JUDGMENT Issued (mjr) |
| Filing 220 FINAL JUDGMENT by District Judge Judith C. Herrera (baw) |
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Filing 219
ORDER for Foreclosure Sale and to Vacate by District Judge Judith C. Herrera (Attachments: #1 Exhibit)(baw)
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| Filing 218 JUDGMENT by District Judge Judith C. Herrera (baw) |
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Filing 217
MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera granting in part and denying in part #199 Plaintiff Acheff's Motion for Judgment and Decree of Foreclosure, granting #204 The Motion of United States for Order of Foreclosure Sale and to Vacate Real Property and granting #211 The Motion of the United States to Disburse. (baw)
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| Filing 216 MANDATE of USCA as to #165 Notice of Appeal filed by Peter B Lazare; The failure to raise the appeal issue in a post-judgment motion results in forfeiture. Because the trustee and Mr. Edelman do not allege plain error, we affirm. (Attachments: #1 Order and Judgment) (mjr) |
| Filing 215 NOTICE of Briefing Complete by United States of America re #211 MOTION for Disbursement of Funds filed by United States of America (DuBose, Waymon) |
| Filing 214 Letter by Jon Edelman (vv) |
| Filing 213 REPLY to Response to Motion re #211 MOTION for Disbursement of Funds filed by United States of America. (DuBose, Waymon) |
| Filing 212 RESPONSE to Motion re #211 MOTION for Disbursement of Funds filed by Peter B Lazare. (Van Amberg, Ronald) |
| Filing 211 MOTION for Disbursement of Funds by United States of America. (Attachments: #1 Proposed Order)(DuBose, Waymon) |
| Filing 210 TRANSCRIPT of Proceedings, Motion of U.S. to Show Cause held on APRIL 17, 2014, before District Judge Judith C. Herrera. Court Reporter/Transcriber Paul Baca, Telephone number 505-843-9241. Tape Number: N/A. Transcript may be viewed at the Clerk's Office public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. PLEASE TAKE NOTICE that each party now has seven (7) calendar days to file a Notice of Intent to Request Redaction of any personal identifiers from this transcript. If no notice is filed during this seven-day period, the court will assume that redaction of personal data is not necessary and will make the transcript electronically available, as is, to the public after 90 days. For additional guidance, PLEASE REVIEW the complete policy, located in the CM/ECF Administrative Procedures Manual at www.nmcourt.fed.us. Notice of Intent to Request Redaction set for 12/15/2014. Redaction Request due 12/29/2014. Redacted Transcript Deadline set for 1/8/2015. Release of Transcript Restriction set for 3/9/2015.(pb) |
| Filing 209 NOTICE of Briefing Complete by William B Acheff re #199 MOTION to Enforce Judgment and Decree of Foreclosure filed by William B Acheff (Terrazas, Jessica) |
| Filing 208 NOTICE of Briefing Complete by United States of America re #204 Opposed MOTION for Order of Sale and to Vacate Real Property filed by United States of America (DuBose, Waymon) |
| Filing 207 REPLY to Response to Motion re #204 Opposed MOTION for Order of Sale and to Vacate Real Property filed by United States of America. (DuBose, Waymon) |
| Filing 206 RESPONSE in Opposition re #204 Opposed MOTION for Order of Sale and to Vacate Real Property filed by William B Acheff. (Terrazas, Jessica) |
| Filing 205 REPLY to Response to Motion re #199 MOTION to Enforce Judgment and Decree of Foreclosure filed by William B Acheff. (Terrazas, Jessica) |
| Filing 204 Opposed MOTION for Order of Sale and to Vacate Real Property by United States of America. (Attachments: #1 Exhibit 1)(DuBose, Waymon) |
| Filing 203 RESPONSE in Opposition re #199 MOTION to Enforce Judgment and Decree of Foreclosure filed by United States of America. (DuBose, Waymon) |
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Filing 202
MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera; the Motion of the United States for Show Cause, for Expedited Ruling, and Supporting Brief #170 is GRANTED. Defendant Lazare is ordered to deposit the $7,031.00 in the Court's registry within ten (10)calendar days of this Order, pending disposition of the appeal in the instant case by the Tenth Circuit Court of Appeals.(mjr)
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| Filing 201 NOTICE of Appearance by Jessica Terrazas on behalf of William B Acheff (Terrazas, Jessica) |
| Filing 200 Consent of Clifford J. Johnson to Serve as Special Master re #199 MOTION to Enforce Judgment and Decree of Foreclosure by William B Acheff (Terrazas, Jessica) Modified text on 5/1/2014 (mjr). |
| Filing 199 MOTION to Enforce Judgment and Decree of Foreclosure by William B Acheff. (Attachments: #1 Affidavit Exhibit 1)(Terrazas, Jessica) |
| Filing 198 NOTICE TO USCA that Record is Complete re #165 Notice of Appeal. (mjr) |
| Filing 197 TRANSCRIPT of Proceedings, Bench Trial, Volume 1, held on December 2, 2013, before Judge Scott Skavdahl. Court Reporter/Transcriber Robin Brazil, Telephone number 505-263-1050. Transcript may be viewed at the Clerk's Office public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. PLEASE TAKE NOTICE that each party now has seven (7) calendar days to file a Notice of Intent to Request Redaction of any personal identifiers from this transcript. If no notice is filed during this seven-day period, the court will assume that redaction of personal data is not necessary and will make the transcript electronically available, as is, to the public after 90 days. For additional guidance, PLEASE REVIEW the complete policy, located in the CM/ECF Administrative Procedures Manual at www.nmcourt.fed.us. Notice of Intent to Request Redaction set for 5/5/2014. Redaction Request due 5/19/2014. Redacted Transcript Deadline set for 5/29/2014. Release of Transcript Restriction set for 7/28/2014.(jg) |
| Filing 196 TRANSCRIPT of Proceedings, Bench Trial, Volume 3, held on December 4, 2013, before Judge Scott W. Skavdahl. Court Reporter/Transcriber Julie Goehl, Telephone number 505-348-2209. Transcript may be viewed at the Clerk's Office public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. PLEASE TAKE NOTICE that each party now has seven (7) calendar days to file a Notice of Intent to Request Redaction of any personal identifiers from this transcript. If no notice is filed during this seven-day period, the court will assume that redaction of personal data is not necessary and will make the transcript electronically available, as is, to the public after 90 days. For additional guidance, PLEASE REVIEW the complete policy, located in the CM/ECF Administrative Procedures Manual at www.nmcourt.fed.us. Notice of Intent to Request Redaction set for 4/29/2014. Redaction Request due 5/13/2014. Redacted Transcript Deadline set for 5/23/2014. Release of Transcript Restriction set for 7/21/2014.(jg) |
| Filing 195 TRANSCRIPT of Proceedings, Bench Trial, Volume 2, held on December 3, 2013, before Judge Scott W. Skavdahl. Court Reporter/Transcriber Julie Goehl, Telephone number 505-348-2209. Transcript may be viewed at the Clerk's Office public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. PLEASE TAKE NOTICE that each party now has seven (7) calendar days to file a Notice of Intent to Request Redaction of any personal identifiers from this transcript. If no notice is filed during this seven-day period, the court will assume that redaction of personal data is not necessary and will make the transcript electronically available, as is, to the public after 90 days. For additional guidance, PLEASE REVIEW the complete policy, located in the CM/ECF Administrative Procedures Manual at www.nmcourt.fed.us. Notice of Intent to Request Redaction set for 4/29/2014. Redaction Request due 5/13/2014. Redacted Transcript Deadline set for 5/23/2014. Release of Transcript Restriction set for 7/21/2014.(jg) |
| Filing 194 Clerk's Minutes for proceedings held before District Judge Judith C. Herrera: Motion Hearing held on 4/17/2014 re #170 MOTION for Order to Show Cause and Supporting Brief MOTION to Expedite Ruling filed by United States of America; Court will take the matter under advisement.(Court Reporter P. Baca) (mjr) |
| Filing 193 Court Reporter's Transcript Order Form filed on 4/2/2014 re #165 Notice of Appeal Estimated Completion Date: 4/30/2014. (mjr) |
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Filing 192
ORDER by District Judge Judith C. Herrera denying #182 Third-Party Defendant Jon J. Edelman's Second Amended Motion seeking to be excused from a show cause hearing (baw)
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| Filing 191 LETTER from USCA to Robin Brazil (Court Reporter) re #165 Notice of Appeal. (mjr) |
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Filing 190
ORDER by District Judge Judith C. Herrera granting Peter B Lazare's Stipulated #184 MOTION to Continue Hearing set for 4/10/2014 on the Motion of the United States for Show Cause, for Expedited Ruling and Support Brief. Motion Hearing is RESET for 4/17/2014 at 10:00 A.M. in Albuquerque - 580 Brazos Courtroom before District Judge Judith C. Herrera. (id) [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
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| Set/Reset Deadlines as to #170 MOTION for Order to Show Cause and Supporting Brief MOTION to Expedite Ruling. Motion Hearing is set for 4/17/2014 at 10:00 AM in Albuquerque - 580 Brazos Courtroom before District Judge Judith C. Herrera. (id) |
| Filing 189 REPLY to Response to Motion re #182 Second MOTION for Hearing re #181 First MOTION to Amend/Correct #178 First MOTION for Hearing Excusal to Attend Show Cause Hearing 4/10/2014 filed by Jon Edelman. (Edelman, Jon) |
| Filing 188 Response to #182 AMENDED MOTION for Excusal from Attending the Show Cause Hearing of April 10, 2014 filed by United States of America. (DuBose, Waymon) Modified text and link on 3/31/2014 (mjr). |
| Filing 187 REPLY to Response to Motion re #170 MOTION for Order to Show Cause and Supporting Brief MOTION to Expedite Ruling filed by United States of America. (Attachments: #1 Exhibit 3, #2 Exhibit 4, #3 Exhibit 5, #4 Exhibit 6, #5 Exhibit 7, #6 Exhibit 8, #7 Exhibit 9)(DuBose, Waymon) |
| Filing 186 Court Reporter's Transcript Order Form filed on 3/27/2014 Estimated Completion Date: 4/27/2014. (mjr) |
| Filing 185 RETURN OF EXHIBITS to counsel. (mjr) |
| Filing 184 MOTION to Continue Hearing on the Motion of the United States for Show Cause, for Expedited Ruling and Support Brief by Peter B Lazare. (Van Amberg, Ronald) |
| Filing 183 NOTICE of Briefing Complete by Jon Edelman re #182 Second MOTION for Hearing re #181 First MOTION to Amend/Correct #178 First MOTION for Hearing Excusal to Attend Show Cause Hearing 4/10/2014 filed by Jon Edelman (Edelman, Jon) |
| Filing 182 Second AMENDED MOTION for Excusal from Attending the Show Cause Hearing of April 10, 2014 by Jon Edelman. (Edelman, Jon) Modified text on 3/20/2014 (mjr). |
| Filing 181 First MOTION to Amend/Correct #178 First MOTION for Hearing Excusal to Attend Show Cause Hearing 4/10/2014 by Jon Edelman. (Edelman, Jon) |
| Filing 180 TRANSCRIPT ORDER FORM by Jon Edelman requesting the proceedings held on 12/2/2013 be transcribed for the #165 Notice of Appeal (Edelman, Jon) |
| Filing 179 CERTIFICATE OF SERVICE by Peter B Lazare of answers and responses to the first set of interrogatories and request for production (Van Amberg, Ronald) Modified text on 3/18/2014 (mjr). |
| Filing 178 First MOTION for Hearing Excusal to Attend by Jon Edelman. (Edelman, Jon) |
| Filing 177 TRANSCRIPT ORDER FORM by Jon Edelman for the #165 Notice of Appeal (Edelman, Jon) |
| Filing 176 RESPONSE to Motion re #170 MOTION for Order to Show Cause and Supporting Brief MOTION to Expedite Ruling filed by Peter B Lazare. (Attachments: #1 Exhibit A and B)(Van Amberg, Ronald) |
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Filing 175
ORDER of USCA as to #165 Notice of Appeal filed by Peter B Lazare; the briefing schedule for this appeal set out in this court's minute order of March 11, 2014 is vacated. (mjr)
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| Filing 174 Appeal Remark re #165 Notice of Appeal : Notice from Jon Edelman re; TOF. (mjr) |
| Filing 173 NOTICE of Hearing on the United States of America's #170 MOTION for Order to Show Cause and Supporting Brief and the MOTION to Expedite Ruling: Motion Hearing set for 4/10/2014 at 09:30 AM in Albuquerque - 580 Brazos Courtroom before District Judge Judith C. Herrera. (id)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Filing 172 NOTICE TO USCA that Record is Complete re #165 Notice of Appeal. (mjr) |
| Filing 171 **FILED IN ERROR** NOTICE TO USCA that Record is Complete re #165 Notice of Appeal; Transcript is not necessary. (mjr) Modified text on 3/12/2014 (mjr). |
| Filing 170 MOTION for Order to Show Cause and Supporting Brief, MOTION to Expedite Ruling by United States of America. (Attachments: #1 Document 129, #2 Document 131, #3 Document 138, #4 Document 139, #5 Document 148, #6 Document 152, #7 Exhibit 1, #8 Exhibit 2)(DuBose, Waymon) |
| Filing 169 TRANSCRIPT ORDER FORM by Jon Edelman for the #165 Notice of Appeal (Edelman, Jon) |
| Filing 168 TRANSCRIPT ORDER FORM by Peter B Lazare for the #165 Notice of Appeal (Van Amberg, Ronald) |
| Filing 167 USCA Information Letter with Case Number 14-2033 for #165 Notice of Appeal filed by Peter B Lazare. (mjr) |
| Filing 166 Transmission of Preliminary Record to US Court of Appeals re #165 Notice of Appeal. (mjr) |
| USCA Appeal Fees received $ 505 receipt number 1084-3462804 re #165 Notice of Appeal filed by Peter B Lazare. (mr) |
| USCA Appeal Fees received $ 505 receipt number 1084-3462792 re #164 Notice of Appeal filed by Peter B Lazare. (mr) |
| Filing 165 NOTICE OF APPEAL by Peter B Lazare. (Filing Fee - Online Payment) (Edelman, Jon) |
| Filing 164 ***FILED IN ERROR*** NOTICE OF APPEAL by Peter B Lazare. (Filing Fee - Online Payment) (Edelman, Jon) Modified text on 2/24/2014 (kg). |
| Filing 163 JUDGMENT by District Judge Scott W. Skavdahl; See Order for Specifics. (mjr) |
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Filing 162
MEMORANDUM OPINION AND ORDER by District Judge Scott W. Skavdahl; See Order for Specifics. (mjr)
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| Filing 160 NOTICE of Change of Address by John N. Patterson (Patterson, John) |
| Filing 159 Clerk's Minutes for proceedings held before District Judge Scott W. Skavdahl: Bench Trial held from 12/2/2013 through 12/4/2013. (Court Reporter R. Brazil and J. Goehl) (Attachments: #1 Exhibit List) (mjr) |
| Filing 158 AMENDED Witness List by Jon Edelman. (Edelman, Jon) Modified text on 12/2/2013 (mjr). |
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Filing 157
ORDER by District Judge Judith C. Herrera ADOPTING #114 Report and Recommendations re #94 Motion for Preliminary Injunction (baw)
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| Filing 156 NOTICE of Hearing: Bench Trial set for December 2-6, 2013 at 09:00 AM in Albuquerque - 320 Rio Grande Courtroom before District Judge Scott W. Skavdahl, Sitting by Designation from the District of Wyoming. (nm)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Filing 155 NOTICE of Hearing: Bench Trial set for December 2-6, 2013 at 09:00 AM in Albuquerque - 320 Rio Grande Courtroom before District Judge Scott W. Skavdahl, Sitting by Designation from the District of Wyoming. (nm)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
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Filing 154
MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera denying #125 Lazare's Disclaimer of Interest and Motion to Dismiss Government's Crossclaim (baw)
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| Filing 153 Exhibit List Stipulated and Entered by Jon Edelman.. (Edelman, Jon) |
| Filing 152 STIPULATION by Jon Edelman, Peter B Lazare, United States of America (DuBose, Waymon) |
| Filing 151 TRIAL BRIEF Memoranda of Law by Jon Edelman. (Edelman, Jon) |
| Filing 150 NOTICE by Jon Edelman of Use of Deposition (Edelman, Jon) |
| Filing 149 Exhibit List by Jon Edelman.. (Edelman, Jon) |
| Filing 148 Proposed Findings of Fact by Jon Edelman. (Edelman, Jon) |
| Filing 147 Witness List by Jon Edelman. (Edelman, Jon) |
| Filing 146 NOTICE of Briefing Complete by Peter B Lazare re #125 MOTION to Dismiss the Government's Crossclaim filed by Peter B Lazare (Van Amberg, Ronald) |
| Filing 145 Exhibit List and Witness List by United States of America.. (DuBose, Waymon) |
| Filing 144 United States' RESPONSE to Jon Edelman's Objections to Magistrate Judge's Report and Recommendation re #130 MOTION for Order filed by United States of America. (Smith, Curtis) |
| Filing 143 United States' REPLY to Edelman Trust's Response to Magistrate Judge's Recommendation on Government's Motion for Preliminary Injunction re #129 Response filed by United States of America. (DuBose, Waymon) |
| Filing 142 REPLY to Response to Motion re #125 MOTION to Dismiss the Government's Crossclaim in support of the motion to dismiss filed by Jon Edelman. (Edelman, Jon) |
| Filing 141 Exhibit List by Peter B Lazare.. (Van Amberg, Ronald) |
| Filing 140 Witness List by Peter B Lazare. (Van Amberg, Ronald) |
| Filing 139 Proposed Findings of Fact by Peter B Lazare. (Van Amberg, Ronald) |
| Filing 138 TRIAL BRIEF by Peter B Lazare. (Van Amberg, Ronald) |
| Filing 137 REPLY re #125 MOTION to Dismiss the Government's Crossclaim filed by Peter B Lazare. (Van Amberg, Ronald) |
| Filing 136 SECOND AMENDED NOTICE of Hearing: Bench Trial previously set for 11/18/2013 is now RESET for 12/2/2013 at 09:00 AM in Albuquerque - 320 Rio Grande Courtroom before District Judge Scott W. Skavdahl. All deadlines associated with the now vacated November 18 trial date remain in place. The only date changed is the trial date. (Attachments: #1 Pretrial Instructions)(id) |
| Filing 135 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Preliminary Injunction Hearing held on October 10, 2013, before Judge Robert H. Scott. Court Reporter/Transcriber Exceptional Reporting Services, Inc., Telephone number (361) 949-2988. PLEASE TAKE NOTICE that each party now has seven (7) calendar days to file a Notice of Intent to Request Redaction of any personal identifiers from this transcript. If no notice is filed during this seven-day period, the court will assume that redaction of personal data is not necessary and will make the transcript electronically available, as is, to the public after 90 days. For additional guidance, PLEASE REVIEW the complete policy, located in the CM/ECF Administrative Procedures Manual at www.nmcourt.fed.us. Transcripts may be purchased from the court reporter and/or viewed (but not copied) at the Clerk's Office public terminal within the 90-day period. Notice of Intent to Request Redaction set for 11/12/2013. Redaction Request due 11/26/2013. Redacted Transcript Deadline set for 12/6/2013. Release of Transcript Restriction set for 2/3/2014.(id) |
| Filing 134 OBJECTIONS re #131 Proposed Findings of Fact Filed by the United States by Jon Edelman (Edelman, Jon) |
| Filing 133 RESPONSE to Edelman Trust's Disclaimer of Interest and Motion to Dismiss Government's Crossclaim re #125 MOTION to Dismiss the Government's Crossclaim filed by United States of America. (DuBose, Waymon) |
| Filing 132 RESPONSE to Motion re #125 MOTION to Dismiss the Government's Crossclaim Plaintiff/Counter-Defendant William B. Acheff's Response and Concurrence in Edelman Trust's Disclaimer of Interest and Motion to Dismiss Government's Cross-Claim filed by William B Acheff. (Patterson, John) |
| Filing 131 Proposed Findings of Fact by United States of America. (DuBose, Waymon) |
| Filing 130 OBJECTIONS re #114 Preliminary Injunction Objections to Magistrate Scott Report Findings and Recommendations by Jon Edelman (Edelman, Jon) |
| Filing 129 RESPONSE re #114 Preliminary Injunction filed by Peter B Lazare. (Attachments: #1 Exhibit A)(Van Amberg, Ronald) |
| Filing 128 RESPONSE in Support re #125 MOTION to Dismiss the Government's Crossclaim filed by Jon Edelman. (Edelman, Jon) |
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Filing 127
ORDER by District Judge Judith C. Herrera setting expedited briefing schedule. The Response to #125 Motion to Dismiss the Government's Crossclaim is due on or before Monday 11/04/13 and the Reply is due on or before Friday 11/08/13. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (baw)
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| Filing 126 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings - Partial Testimony of David Height, William Acheff, L. Michael Messina and Peter Lazare during Preliminary Injunction Hearing held on Thursday, October 10, 2013, before the Honorable U.S. Magistrate Judge Robert Hayes Scott. Court Reporter/Transcriber Exceptional Reporting Services, Inc., Telephone number 1-877-670-7774. PLEASE TAKE NOTICE that each party now has seven (7) calendar days to file a Notice of Intent to Request Redaction of any personal identifiers from this transcript. If no notice is filed during this seven-day period, the court will assume that redaction of personal data is not necessary and will make the transcript electronically available, as is, to the public after 90 days. For additional guidance, PLEASE REVIEW the complete policy, located in the CM/ECF Administrative Procedures Manual at www.nmcourt.fed.us. Transcripts may be purchased from the court reporter and/or viewed (but not copied) at the Clerk's Office public terminal within the 90-day period. Notice of Intent to Request Redaction set for 11/5/2013. Redaction Request due 11/19/2013. Redacted Transcript Deadline set for 11/29/2013. Release of Transcript Restriction set for 1/27/2014. (mr) |
| Filing 125 MOTION to Dismiss the Government's Crossclaim by Peter B Lazare. (Van Amberg, Ronald) |
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Filing 124
ORDER by District Judge Judith C. Herrera finding Third-Party Defendant Jon J.Edelman's motions #117 , #118 , #119 , #120 , #121 , and #122 , to be moot. The Court has addressed the argument set forth in each of these motions in its Order Recognizing Magistrate Judge's Injunction Order #114 as a Report and Recommendation. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (baw)
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Filing 123
ORDER by District Judge Judith C. Herrera Recognizing Magistrate Judge's Injunction Order #114 as a Report and Recommendation (baw)
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| Filing 122 Opposed MOTION to Vacate #114 Preliminary Injunction corrected by Jon Edelman. (Edelman, Jon) |
| Filing 121 Emergency MOTION to Stay re #114 Preliminary Injunction Correct copy by Jon Edelman. (Edelman, Jon) |
| Filing 120 Emergency MOTION to Stay re #114 Preliminary Injunction Amended II by Jon Edelman. (Edelman, Jon) |
| Filing 119 Opposed MOTION to Vacate #114 Preliminary Injunction Granted By Magistrate Judge Robert Hayes Scott by Jon Edelman. (Edelman, Jon) |
| Filing 118 Emergency MOTION to Stay re #114 Preliminary Injunction Amended by Jon Edelman. (Edelman, Jon) |
| Filing 117 Emergency MOTION to Stay re #114 Preliminary Injunction by Jon Edelman. (Edelman, Jon) |
| Filing 116 Email correspondence from Jon Edelman(baw) |
| Filing 115 Clerk's Minutes for proceedings held before Magistrate Judge Robert Hayes Scott: Preliminary Injunction Hearing held on 10/10/2013. (ge) |
| Filing 114 Report and Recommendation re #94 Motion for Preliminary Injunction by Magistrate Judge Robert Hayes Scott. (ge) Modified text on 11/27/2013 (gr). |
| Filing 113 STIPULATION OF FACTS re #94 MOTION for Preliminary Injunction Request for Expedited Hearing, and Supporting Brief filed by United States of America FILED IN OPEN COURT by Magistrate Judge Robert Hayes Scott (cl) |
| Filing 112 NOTICE of Appearance by Curtis Cutler Smith on behalf of United States of America (Smith, Curtis) |
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Filing 111
ORDER by Magistrate Judge Robert Hayes Scott granting #110 Stipulated Motion to Be Excused from Participation in Hearing on Preliminary Injunction (ge)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
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| Filing 110 Consent MOTION to be Excused from Participation in Hearing on Motion for Preliminary Injunction by William B Acheff. (Patterson, John) |
| Filing 109 AMENDED NOTICE of Hearing: Bench Trial previously set on 10/21/2013 before District Judge Eric F. Melgren is now RESET for 11/18/2013 at 09:00 AM in Albuquerque - 340 Pecos Courtroom before District Judge Nancy D. Freudenthal. (Attachments: #1 Pretrial Instructions)(id) |
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Filing 108
MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera denying #71 Defendant Peter Lazare's Revised Motion for Partial Summary Judgment on Whether the Edelman Trust is a Sham, Lacks Economic Substance or is a Self-Settled Trust (baw)
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| Filing 107 United States' Surresponse to Edelman Trust's Surreply on Government's Motion for Preliminary Injunction REPLY re #106 Reply filed by United States of America. (DuBose, Waymon) |
| Filing 106 SURREPLY re #101 Reply to Response to Motion, #102 Reply to Response to Motion, filed by Peter B Lazare. (Attachments: #1 Exhibit A)(Van Amberg, Ronald) Modified text on 9/6/2013 (mjr). |
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Filing 105
ORDER on Motion for Leave to File a Surreply and Surresponse by Magistrate Judge Robert Hayes Scott granting #104 Motion for Leave to File. (mg) Modified text on 9/10/2013 (mjr).
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| Filing 104 MOTION for Leave to File A SURREPLY by Peter B Lazare. (Attachments: #1 Exhibit A)(Van Amberg, Ronald) |
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Filing 103
MINUTE ORDER by District Judge Judith C. Herrera VACATING Call of Calendar/Pretrial Conference previously set for 10/10/2013; and RESETTING Bench Trial previously before District Judge Judith C. Herrera for 10/21/2013 at 09:00 AM in Albuquerque - 320 Rio Grande Courtroom before District Judge Eric F. Melgren (Visiting Judge) Sitting by Designation. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.](id)
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| Filing 102 REPLY to Response to Motion re #94 MOTION for Preliminary Injunction Request for Expedited Hearing, and Supporting Brief United States' Reply to Third-Party Defendant Edelman's Response in Opposition to United States' Motion for Preliminary Injunction, Request for Expedited Hearing, and Supporting Brief filed by United States of America. (DuBose, Waymon) |
| Filing 101 REPLY to Response to Motion re #94 MOTION for Preliminary Injunction Request for Expedited Hearing, and Supporting Brief United States' Reply to Edelman Trust's Response to Expedited Motion for Preliminary Injunction filed by United States of America. (DuBose, Waymon) |
| Filing 100 APPENDIX/SUPPLEMENT re #99 Response in Opposition to Motion by Peter B Lazare (Attachments: #1 Exhibit A)(Van Amberg, Ronald) |
| Filing 99 RESPONSE in Opposition re #94 MOTION for Preliminary Injunction Request for Expedited Hearing, and Supporting Brief filed by Peter B Lazare. (Van Amberg, Ronald) |
| Filing 98 RESPONSE in Opposition re #94 MOTION for Preliminary Injunction Request for Expedited Hearing, and Supporting Brief filed by Jon Edelman. (Attachments: #1 Exhibit IRS Memo Jan 1988)(Edelman, Jon) |
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Filing 97
ORDER by District Judge Judith C. Herrera amending #77 Memorandum Opinion and Order (baw)
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Filing 96
ORDER SETTING BRIEFING SCHEDULE AND HEARING ON THE MERITS AS TO UNITED STATES' MOTION FOR PRELIMINARY INJUNCTION Re #94 MOTION for Preliminary Injunction Request for Expedited Hearing, and Supporting Brief by Magistrate Judge Robert Hayes Scott. Evidentiary Hearing set for 10/10/2013 at 09:00 AM in Albuquerque - 440 Hondo Courtroom before Magistrate Judge Robert Hayes Scott. (mg)
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Filing 95
ORDER by District Judge Judith C. Herrera Referring #94 United States' Motion for Preliminary Injunction, Request for Expedited Hearing and Supporting Brief to Magistrate Judge Robert H. Scott (baw)
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| Filing 94 MOTION for Preliminary Injunction Request for Expedited Hearing, and Supporting Brief by United States of America. (Attachments: #1 Exhibit 22B, #2 Exhibit 40A, #3 Exhibit 79, #4 Exhibit 80, #5 Exhibit 81, #6 Exhibit 82, #7 Exhibit 83, #8 Exhibit 84, #9 Exhibit 85, #10 Exhibit 86, #11 Exhibit 87 (Part 1), #12 Exhibit 87 (Part 2), #13 Exhibit 87 (Part 3), #14 Exhibit 87 (Part 4), #15 Exhibit 87 (Part 5), #16 Exhibit 87 (Part 6), #17 Exhibit 87 (Part 7))(DuBose, Waymon) |
| Filing 93 NOTICE of Appearance by John N. Patterson on behalf of William B Acheff (Patterson, John) |
| Filing 92 BRIEF re 89 Order,, Supporting Requested Revisions to Acheff's Proposed Judgment and Order by United States of America (DuBose, Waymon) |
| Filing 91 BRIEF Regarding Judgment and Order Granting Special Master by Peter B Lazare (Van Amberg, Ronald) |
| Filing 90 BRIEF REGARDING JUDGMENT & ORDER GRANTING SPECIAL MASTER by William B Acheff (Patterson, John) |
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Filing 89
ORDER by Judge Judith C. Herrera requiring Plaintiff William B. Acheff and Defendant/Counter-Plaintiff United States of America to submit a brief not to exceed two pages, supporting its proposed judgment and proposed order appointing special master and explaining why the other party's judgment/order should not be entered. The parties have informed the Court that they were unable to stipulate to a proposed order and judgment, but have not furnished the Court with an explanation as to the basis of their disagreement. Briefs should be submitted no later than Wednesday, July 17, 2013. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (baw)
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| Filing 88 Clerk's Minutes for proceedings held before Magistrate Judge Robert Hayes Scott: Settlement Conference held on 6/25/2013. (mg) [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
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Filing 87
ORDER granting motion to be excused from personally appearing at settlement conference by Magistrate Judge Robert Hayes Scott granting #86 Motion. (mg) Modified text to remove all caps usage on 5/9/2013 (mjr).
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| Filing 86 Unopposed MOTION re #74 Order, Set Hearings by Peter B Lazare. (Van Amberg, Ronald) |
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Filing 85
PRETRIAL ORDER by District Judge Judith C. Herrera (Attachments: #1 Pretrial Deadlines and Instructions)(baw)
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Filing 84
ORDER granting unopposed motion to be excused from settlement conference by Magistrate Judge Robert Hayes Scott granting #83 Motion. (mg) Modified text to remove all caps usage on 5/9/2013 (mjr).
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| Filing 83 Unopposed MOTION Excuse from Settlement Conference by William B Acheff. (Patterson, John) |
| Filing 82 Proposed Pretrial Order by United States of America (DuBose, Waymon) |
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Filing 81
ORDER by Magistrate Judge Robert Hayes Scott granting #80 Motion. (mg)
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| Filing 80 Unopposed MOTION From Personal Appearance Relief by Jon Edelman. (Edelman, Jon) |
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Filing 79
ORDER by Magistrate Judge Robert Hayes Scott granting #76 Unopposed Motion for Relief regarding settlement conference attendance (ge)
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Filing 78
MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera denying #63 Opposed Second Motion to Dismiss by the Third Party Defendant Edelman (baw)
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Filing 77
MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera granting #28 Plaintiff William B. Acheff's Amended Motion(s) for Summary Judgment and denying #32 Cross-Motion of United States for Summary Judgment (baw)
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| Filing 76 Unopposed MOTION for Relief from Requirement thall all Persons with Complete Settlement Authority Attend the June 25, 2013 Settlement Conference or Alternatively, for an Order Staying Requirement re #74 Order, Set Hearings by United States of America. (DuBose, Waymon) |
| Filing 75 NOTICE of Briefing Complete by Peter B Lazare re #71 MOTION for Partial Summary Judgment filed by Peter B Lazare (Van Amberg, Ronald) |
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Filing 74
ORDER by Magistrate Judge Robert Hayes Scott. Settlement Conference set for 6/25/2013 at 09:00 AM in Albuquerque - 440 Hondo Courtroom. Parties are to report chambers, suite 620, and proceed to the courtroom when directed. (ge)
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| Filing 73 REPLY to Response to Motion re #71 MOTION for Partial Summary Judgment filed by Peter B Lazare. (Attachments: #1 Exhibit A)(Van Amberg, Ronald) |
| Filing 72 RESPONSE in Opposition re #71 MOTION for Partial Summary Judgment filed by United States of America. (Attachments: #1 Exhibit 62, #2 Exhibit 63, #3 Exhibit 64, #4 Exhibit 65, #5 Exhibit 66, #6 Exhibit 67, #7 Exhibit 68, #8 Exhibit 69, #9 Exhibit 70, #10 Exhibit 71, #11 Exhibit 72, #12 Exhibit 73, #13 Exhibit 74, #14 Exhibit 75, #15 Exhibit 76, #16 Exhibit 77, #17 Exhibit 78)(DuBose, Waymon) |
| Filing 71 MOTION for Partial Summary Judgment by Peter B Lazare. (Attachments: #1 Exhibit 1 Through 4 to Motion for Partial Summary Judgment)(Van Amberg, Ronald) |
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Filing 69
MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera denying #18 Motion to Dismiss. (baw)
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| Filing 68 NOTICE of Briefing Complete by Jon Edelman re #63 MOTION to Dismiss filed by Jon Edelman (Edelman, Jon) |
| Filing 66 RESPONSE in Opposition re #63 MOTION to Dismiss by Third-Party Defendant Edelman filed by United States of America. (Attachments: #1 Exhibit 61)(DuBose, Waymon) |
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Filing 65
ORDER GRANTING APPROVAL TO FILE ELECTRONICALLY by Magistrate Judge Robert Hayes Scott granting #57 Motion for Leave to File. (mg)
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| Filing 64 NOTICE of Briefing Complete by Jon Edelman re #57 MOTION for Leave to File Electronically by Jon Edelman. (mjr) |
| Filing 63 SECOND MOTION to Dismiss by Jon Edelman. (mjr) |
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Filing 62
ORDER by District Judge Judith C. Herrera finding as moot #27 Motion for Summary Judgment. Motion was Amended and filed as Document #28 [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (baw)
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Filing 61
ORDER by District Judge Judith C. Herrera finding as moot #31 Motion for Leave to File Excess Exhibits. Motion was Amended and filed as document #33 [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (baw)
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| Filing 60 NOTICE of Hearing: Call of the Calendar/Pretrial Conference set for 10/10/2013 at 01:30 PM in Albuquerque - 580 Brazos Courtroom before District Judge Judith C. Herrera; and Bench Trial set for 10/21/2013 at 09:00 AM in Albuquerque - 580 Brazos Courtroom before District Judge Judith C. Herrera. (Attachments: #1 Pretrial Deadlines)(id) |
| Filing 59 NOTICE of Briefing Complete by United States of America re #32 Cross MOTION for Summary Judgment filed by United States of America (DuBose, Waymon) |
| Filing 58 REPLY to Response #47 to Motion re #32 Cross MOTION for Summary Judgment filed by United States of America. (Attachments: #1 Exhibit 59 (Part 1), #2 Exhibit 59 (Part 2), #3 Exhibit 59 (Part 3), #4 Exhibit 59 (Part 4), #5 Exhibit 59 (Part 5), #6 Exhibit 59 (Part 6), #7 Exhibit 59 (Part 7), #8 Exhibit 60)(DuBose, Waymon) Modified text on 9/17/2012 (kg). |
| Filing 57 MOTION for Leave to File Electronically by Jon Edelman. (kg) |
| Filing 56 AMENDED RESPONSE to Motion re #49 MOTION for Leave to File Reply Brief Exceeding 12 Pages filed by Jon Edelman. (kg) |
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Filing 55
ORDER by Magistrate Judge Robert Hayes Scott granting #49 Motion for Leave to File Reply Brief Exceeding 12 Pages (ge)
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| Filing 54 ***FILED IN ERROR*** NOTICE of Briefing Complete by Jon Edelman re #49 MOTION for Leave to File Reply Brief Exceeding 12 Pages filed by United States of America (Edelman, Jon) Modified text on 9/10/2012, filer is a pro se litigant and does not have leave of court to file electronically in this case (kg). |
| Filing 53 ***FILED IN ERROR*** RESPONSE in Opposition re #49 MOTION for Leave to File Reply Brief Exceeding 12 Pages Amended filed by Jon Edelman. (Edelman, Jon) Modified text on 9/10/2012, filer is a pro se litigant and does not have leave of court to file electronically in this case (kg). |
| Filing 52 NOTICE of Briefing Complete by United States of America re #49 MOTION for Leave to File Reply Brief Exceeding 12 Pages filed by United States of America (DuBose, Waymon) |
| Filing 51 United States' REPLY re #49 Motion for Leave to File Reply Brief Exceeding 12 Pages to #50 Third-Party Defendant's Response filed by United States of America. (DuBose, Waymon) Modified text on 9/10/2012 (kg). |
| Filing 50 RESPONSE to Motion re #49 MOTION for Leave to File Reply Brief Exceeding 12 Pages filed by Jon Edelman. (kg) |
| Filing 49 MOTION for Leave to File Reply Brief Exceeding 12 Pages by United States of America. (DuBose, Waymon) |
| Filing 48 REPLY to Response #37 to Motion re #32 Cross MOTION for Summary Judgment filed by United States of America. (Attachments: #1 Exhibit 45, #2 Exhibit 46, #3 Exhibit 47, #4 Exhibit 48, #5 Exhibit 49, #6 Exhibit 50, #7 Exhibit 51, #8 Exhibit 52, #9 Exhibit 53, #10 Exhibit 54, #11 Exhibit 55, #12 Exhibit 56, #13 Exhibit 57, #14 Exhibit 58, #15 Exhibit 21A, #16 Exhibit 22A)(DuBose, Waymon) Modified text on 9/17/2012 (kg). |
| Filing 47 RESPONSE to Motion re #32 Cross MOTION for Summary Judgment filed by Peter B Lazare. (Attachments: #1 Exhibit 1 - End to Response to Motion for Summary Judgment)(Van Amberg, Ronald) |
| Filing 46 NOTICE Certifying that #34 Opposed Motion to Strike is Ready for Decision by Jon Edelman (kg) |
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Filing 45
ORDER by Magistrate Judge Robert Hayes Scott denying #34 Motion to Strike (ge)
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Filing 44
ORDER by Magistrate Judge Robert Hayes Scott granting #33 Motion for Leave to File Excess Pages (ge)
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| Filing 43 REPLY to Response to Motion re #34 Opposed MOTION to Strike filed by Jon Edelman. (kg) |
| Filing 42 NOTICE of Briefing Complete by United States of America re #33 Amended MOTION for Leave to File Excess Pages of Exhibits for Cross Motion for Summary Judgment filed by United States of America (DuBose, Waymon) |
| Filing 41 REPLY to Response to Motion re #33 Amended MOTION for Leave to File Excess Pages of Exhibits for Cross Motion for Summary Judgment filed by United States of America. (DuBose, Waymon) |
| Filing 40 RESPONSE to Motion re #33 Amended MOTION for Leave to File Excess Pages of Exhibits for Cross Motion for Summary Judgment filed by Jon Edelman. (kg) |
| Filing 39 NOTICE of Briefing Complete by William B Acheff re #27 MOTION for Summary Judgment filed by William B Acheff, #28 Amended MOTION for Summary Judgment filed by William B Acheff (Grimmer, Christopher) |
| Filing 38 REPLY to Response to Motion re #32 Cross MOTION for Summary Judgment, #27 MOTION for Summary Judgment, #28 Amended MOTION for Summary Judgment filed by William B Acheff. (Attachments: #1 Exhibit Appraisal)(Grimmer, Christopher) |
| Filing 37 RESPONSE to Motion re #32 Cross MOTION for Summary Judgment filed by Jon Edelman. (Attachments: #1 Exhibit 3-5, #2 Exhibit 6-9)(kg) |
| Filing 36 NOTICE by Peter B Lazare re #32 Cross MOTION for Summary Judgment of Extension of Time to File Response (Van Amberg, Ronald) |
| Filing 35 RESPONSE in Opposition re #34 MOTION to Strike Filed by Jon J. Edelman filed by United States of America. (DuBose, Waymon) |
| Filing 34 Opposed MOTION to Strike Evidence by Jon Edelman. (kg) |
| Filing 33 Amended MOTION for Leave to File Excess Pages re #33 Exhibits for Cross Motion for Summary Judgment by United States of America. (DuBose, Waymon) Modified text on 8/6/2012 (kg). |
| Filing 32 Cross MOTION for Summary Judgment by United States of America. (Attachments: #1 Exhibit 20 (Part 1), #2 Exhibit 20 (Part 2), #3 Exhibit 20 (Part 3), #4 Exhibit 20 (Part 4), #5 Exhibit 20 (Part 5), #6 Exhibit 20 (Part 6), #7 Exhibit 21, #8 Exhibit 22 (Part 1), #9 Exhibit 22 (Part 2), #10 Exhibit 22 (Part 3), #11 Exhibit 22 (Part 4), #12 Exhibit 22 (Part 5), #13 Exhibit 22 (Part 6), #14 Exhibit 23, #15 Exhibit 24, #16 Exhibit 25, #17 Exhibit 26, #18 Exhibit 27, #19 Exhibit 28, #20 Exhibit 29, #21 Exhibit 30, #22 Exhibit 31, #23 Exhibit 32 (Part 1), #24 Exhibit 32 (Part 2), #25 Exhibit 33 (Part 1), #26 Exhibit 33 (Part 2), #27 Exhibit 34, #28 Exhibit 35, #29 Exhibit 36, #30 Exhibit 37, #31 Exhibit 38, #32 Exhibit 39 (Part 1), #33 Exhibit 39 (Part 2), #34 Exhibit 39 (Part 3), #35 Exhibit 39 (Part 4), #36 Exhibit 39 (Part 5), #37 Exhibit 39 (Part 6), #38 Exhibit 40, #39 Exhibit 41, #40 Exhibit 42, #41 Exhibit 43, #42 Exhibit 44 (Part 1), #43 Exhibit 44 (Part 2))(DuBose, Waymon) |
| Filing 31 MOTION for Leave to File Exhibits Exceeding 50 Pages by United States of America. (DuBose, Waymon) |
| Set/Reset Deadlines: Motions due by 2/28/2013. Pretrial Order due by 4/29/2013. (dmw) |
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Filing 30
ORDER ADOPTING JOINT STATUS REPORT AND PROVISIONAL DISCOVERY PLAN AND SETTING SCHEDULING DEADLINES: by Magistrate Judge Robert Hayes Scott Discovery due by 1/19/2013. (ge)
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| Filing 29 RESPONSE in Opposition re #28 Amended MOTION for Summary Judgment filed by United States of America. (Attachments: #1 Exhibit A, #2 Exhibit B)(DuBose, Waymon) |
| Filing 28 Amended MOTION for Summary Judgment by William B Acheff. (Attachments: #1 Affidavit Affidavit of William B. Acheff)(Grimmer, Christopher) |
| Filing 27 MOTION for Summary Judgment by William B Acheff. (Attachments: #1 Affidavit Affidavit of William B. Acheff)(Grimmer, Christopher) |
| Filing 26 Joint Status Report and Provisional Discovery Plan by Jon Edelman, Peter B Lazare, United States of America (DuBose, Waymon) |
| Filing 25 William B. Acheff's Answer to United States' Counterclaim ANSWER to #9 Answer to Complaint (Notice of Removal),Third Party Complaint, Crossclaim, Counterclaim, by William B Acheff.(Grimmer, Christopher) Modified text on 6/21/2012 (kg). |
| Filing 24 NOTICE Certifying that #18 MOTION to Dismiss is Ready for Decision by Jon Edelman (kg) |
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Filing 23
STIPULATED ORDER by District Judge Judith C. Herrera Dismissing Claims against Internal Revenue Service. (baw)
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| Filing 22 STIPULATION of Dismissal of Claims Against the Internal Revenue Service by William B Acheff (Grimmer, Christopher) Modified text on 6/6/2012 (kg). |
| Filing 21 REPLY to Response to Motion re #18 MOTION to Dismiss by Third Party Defendant filed by Jon Edelman. (kg) |
| Filing 20 ANSWER to Third Party Complaint (Notice of Removal) by Jon Edelman. (kg) |
| Filing 19 RESPONSE in Opposition re #18 MOTION to Dismiss by Third-Party Defendant Jon Edelman filed by United States of America. (Attachments: #1 Exhibit 20)(DuBose, Waymon) |
| Filing 18 Opposed MOTION to Dismiss by Jon Edelman. (kg) |
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Filing 17
ORDER by District Judge Judith C. Herrera Granting #15 Unopposed Motion to Dismiss Third-Party Defendant Dennis L. Stein, as Trustee of the Edelman Trust (baw)
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| Filing 16 WAIVER OF SERVICE Returned Executed by United States of America as to Jon Edelman. (DuBose, Waymon) |
| Filing 15 Unopposed MOTION to Dismiss Third-Party Defendant Dennis L. Stein, as Trustee of the Edelman Trust by United States of America. (Attachments: #1 Order Dismissing Third-Party Defendant Dennis L. Stein, as Trustee of the Edelman Trust)(DuBose, Waymon) |
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Filing 14
ORDER by District Judge Judith C. Herrera Dismissing Claims Against Defendants John Doe and Jane Doe (baw)
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| Rule 16(c) Hearing reset for 8/2/2012 at 09:00 AM in Albuquerque - 620 Judge Robert H. Scott Chambers before Magistrate Judge Robert Hayes Scott. Joint Status Report due by 7/6/2012. (kg) |
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Filing 13
ORDER by Magistrate Judge Robert Hayes Scott granting #11 Motion to Amend Initial Scheduling Order. Joint Status Report due 07/06/12. Rule 16 Scheduling Conference reset for 08/02/12 at 9:00 am (ge)
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| Filing 12 STIPULATION of Dismissal of Claims Against DOE Defendants by William B Acheff (Grimmer, Christopher) |
| Filing 11 Unopposed MOTION to Amend/Correct #5 Initial Scheduling Order, by United States of America. (Attachments: #1 Order)(DuBose, Waymon) |
| Filing 10 Peter B. Lazare, as Trustee of the Edelman Trust's ANSWER to #9 Answer to Complaint (Notice of Removal), Third Party Complaint, Crossclaim, Counterclaim by Peter B Lazare.(Van Amberg, Ronald) Modified text on 3/21/2012 (kg). |
| Summons Issued as to Jon Edelman, Dennis L. Stein. (ah) |
| Filing 9 ANSWER to Complaint (Notice of Removal), THIRD PARTY COMPLAINT against Jane Doe, Peter B Lazare, William B Acheff, John Doe, CROSSCLAIM against Jane Doe, Peter B Lazare, William B Acheff, John Doe, COUNTERCLAIM against Jane Doe, Peter B Lazare, William B Acheff, John Doe by United States of America. (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)(DuBose, Waymon) |
| Filing 8 NOTICE REGARDING DOCUMENT ENTRIES: Because this case has been reassigned to a district judge, please be advised that any documents filed by the parties under Rule 73(b) have been permanently removed from the docket. Document(s) removed: No. 6. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (rw) |
| Filing 7 PLEASE TAKE NOTICE that this case has been reassigned to U.S. District Judge Judith C. Herrera as the trial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges.Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. Magistrate Judge W. Daniel Schneider no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (mr) |
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Filing 5
INITIAL SCHEDULING ORDER: by Magistrate Judge Robert Hayes Scott. Rule 16(c) Hearing set for 4/11/2012 at 10:00 AM in Albuquerque - 620 Judge Robert H. Scott Chambers. Joint Status Report due by 4/6/2012. Unless otherwise notified by the Clerk or the Court a notice of consent or non-consent for this case to proceed before the trial Magistrate Judge should be submitted by each party no later than 3/19/2012. (mg)
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| Filing 4 ANSWER to Complaint (Notice of Removal) FOR MONEY DUE ON PROMISSORY NOTE AND TO FORECLOSURE OF MORTGAGE by Peter B Lazare. (Van Amberg, Ronald) |
| Filing 3 NOTICE of Appearance by Ronald J Van Amberg on behalf of Peter B Lazare (Van Amberg, Ronald) |
| Filing 2 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge W. Daniel Schneider to conduct dispositive proceedings in this matter, including motions and trial. Appeal from a judgment entered by a Magistrate Judge will be to the United States Court of Appeals for the Tenth Circuit. It is the responsibility of the case filer to serve a copy of this Notice upon all parties with the summons and complaint. Consent is strictly voluntary, and a party is free to withhold consent without adverse consequences. Should a party choose to consent, notice should be made no later than 21 days after entry of the Order setting the Rule 16 Initial Scheduling Conference. For e-filers, visit our Web site at www.nmcourt.fed.us for more information and instructions.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jc) |
| Filing 1 NOTICE OF REMOVAL by United States of America (IRS) from Eighth Judicial District Court of Taos County, New Mexico, case number D-0820-CV-2012-2. ( Filing Fee - Waived), filed by United States of America (IRS). (Attachments: #1 Exhibit A, #2 Exhibit B (Part 1), #3 Exhibit B (Part 2), #4 Exhibit B (Part 3), #5 Civil Cover Sheet, #6 Supplement)(DuBose, Waymon) |
| Magistrate Judge W. Daniel Schneider and Magistrate Judge Robert Hayes Scott are assigned. (jc) |
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