UBS Bank USA v. Hawit
| UBS Bank USA |
| Andre Hawit |
| 2:2009cv00032 |
| January 16, 2009 |
| US District Court for the District of Utah |
| Contract: Other Office |
| Salt Lake |
| Dale A Kimball |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on May 4, 2010. A more recent docket listing may be available from PACER.
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| Filing 51 Mail Returned as Undeliverable. Mail sent to Andre Hawit, box closed, unable to forward. (djs) |
| Filing 50 Mail Returned as Undeliverable. Mail sent to Andre Hawit, box closed, unable to forward. (djs) |
| Filing 49 CLERK'S AMENDED JUDGMENT in favor of UBS Bank USA and against Andre Hawit, in the amount of $624,224.54, plus after accruing attorney fees, costs, and post-jgm interest at the legal rate; signed by LSY, Chief Deputy Clerk (alt) Modified on 4/28/2010: added "AMENDED" to text (alt) |
| Modification of Docket re #49 Clerk's Judgment. Error: The word "AMENDED" was omitted from the entry. Correction: The entry has had the word "AMENDED" added to it. (alt) |
Filing 48
ORDER granting #45 Motion for Attorney Fees, Costs and Expenses. The Court grants the Motion for Attorney Fees, Costs and Expenses in the amount of $77,759.58. Plaintiff is therefore entitled to an Amended Judgment in the amount of $624,224.54, plus after accruing attorney fees, costs, and postjudgment interest at the legal rate. Signed by Judge Dale A. Kimball on 04/22/2010. (kpf)
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| Filing 47 CERTIFICATE OF SERVICE by UBS Bank USA re #45 MOTION for Attorney Fees and Costs and Expenses, #46 Affidavit in Support of Motion, (Horvat, Stephen) |
| Filing 46 AFFIDAVIT of Stephen P. Horvat in Support re #45 MOTION for Attorney Fees and Costs and Expenses filed by Plaintiff UBS Bank USA. (Attachments: #1 Exhibit A - Riker Danzig Billing Statements, #2 Exhibit B - Loeb & Loeb Billing Statement, #3 Exhibit C - Anderson & Karrenberg Billing Summary)(Horvat, Stephen) |
| Filing 45 MOTION for Attorney Fees and Costs and Expenses filed by Plaintiff UBS Bank USA. (Horvat, Stephen) |
| Filing 44 Mail Returned as Undeliverable. Mail sent to Andre Hawit, box closed, unable to forward. (djs) |
| Filing 43 CLERK'S JUDGMENT in favor of UBS Bank USA against Andre Hawit. It is ordered and adjudged that judgment be entered in favor of the plaintiff and against the defendant in the amount of $546,464.96 signed by Louise S. York. (kpf) |
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Filing 42
ORDER granting #36 Motion for Summary Judgment. The court directs the Clerk of Court to enter Judgment in favor of UBS Bank and against Mr. Hawit in the amount of $546,464.96, plus continuing interest, attorneys fees and costs. This case may now be closed. Case Closed. Signed by Judge Dale A. Kimball on 02/23/2010. (kpf)
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Filing 41
ORDER: This court has granted Mr. Hawit's counsels Motion to Withdraw as Counsel for Mr. Hawit. Mr. Hawit must retain new counsel or inform the court as to his intention to represent himself. Accordingly, by no later than February 5, 2010, a Notice of Appearance of Counsel must be filed by Mr. Hawit's new counsel of Mr. Hawit must file a notice of Intent to Proceed Pro Se. Because of the withdrawal of Mr. Hawit's counsel, this action will be stayed until February 5, 2010. As to Plaintiff UBS Banks recently filed Motion for Summary Judgment, a response to that motion will be due on March 5, 2010. Failure to file a Notice of Appearance of Counsel or a Notice of Intent to Proceed Pro Se by February 5, 2010 may result in default judgment entered against Mr. Hawit. Signed by Judge Dale A. Kimball on 1/15/2010. (kpf)
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Filing 40
ORDER granting #34 Motion to Withdraw as Attorney. Attorney David K. Heinhold; Brent R. Baker and Erik A. Christiansen withdrawn from case for Andre Hawit. Signed by Judge Dale A. Kimball on 1/15/2010. (kpf)
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| Filing 39 Proposed Witness List and Proposed Exhibit List by UBS Bank USA. (Attachments: #1 Exhibit A, #2 Exhibit B)(Borrelli, Anthony) |
| Filing 38 AFFIDAVIT of Steve Stewart in Support re #36 Plaintiff's MOTION for Summary Judgment filed by Plaintiff UBS Bank USA. (Attachments: #1 Exhibit A, #2 Exhibit B)(Borrelli, Anthony) |
| Filing 37 Plaintiff's MEMORANDUM in Support re #36 Plaintiff's MOTION for Summary Judgment filed by Plaintiff UBS Bank USA. (Borrelli, Anthony) |
| Filing 36 Plaintiff's MOTION for Summary Judgment filed by Plaintiff UBS Bank USA. (Borrelli, Anthony) |
| Filing 35 Defendant's MEMORANDUM in Support re #34 Defendant's MOTION to Withdraw as Attorney for Andre Hawit filed by Defendant Andre Hawit. (Heinhold, David) |
| Filing 34 Defendant's MOTION to Withdraw as Attorney for Andre Hawit filed by Defendant Andre Hawit. (Attachments: #1 Text of Proposed Order Granting Motion to Withdraw as Counsel for Andre Hawit)(Heinhold, David) |
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Filing 33
MEMORANDUM DECISION AND ORDER granting #26 Motion to Dismiss Counterclaim. Signed by Judge Dale A. Kimball on 12/23/09 (alt)
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| Filing 32 Minute Entry for proceedings held before Judge Dale A. Kimball: Motion Hearing held on 11/10/2009 re #26 Plaintiff's MOTION to Dismiss Defendant Hawit's Counterclaims filed by UBS Bank USA. After hearing the arguments presented by counsel, the Court took the motion under advisement. Attorney for Plaintiff: Anthony Borelli & Jennifer Eshelman. Attorney for Defendant: David Heinhold & Brent Baker. Court Reporter: Becky Janke. (kmj) |
| Filing 31 NOTICE of Appearance by David K. Heinhold on behalf of Andre Hawit (Heinhold, David) |
| Filing 30 REPLY to Response to Motion re #26 Plaintiff's MOTION to Dismiss Defendant Hawit's Counterclaims filed by Counter Defendant UBS Bank USA. (Attachments: #1 Exhibit A)(Borrelli, Anthony) |
| Reset Deadline as to #26 Plaintiff's MOTION to Dismiss Defendant Hawit's Counterclaims. Motion Hearing reset for 11/10/2009 09:00 AM in Room 220 before Judge Dale A. Kimball. (kmj) |
| Filing 29 NOTICE OF HEARING ON MOTION re: #26 Plaintiff's MOTION to Dismiss Defendant Hawit's Counterclaims : (Notice generated by Kim Jones) Motion Hearing set for 11/3/2009 03:00 PM in Room 220 before Judge Dale A. Kimball. (kmj) |
| Filing 28 MEMORANDUM in Opposition re #26 Plaintiff's MOTION to Dismiss Defendant Hawit's Counterclaims filed by Counter Claimant Andre Hawit. (Attachments: #1 Exhibit A, #2 Exhibit B)(Baker, Brent) |
| Filing 27 Plaintiff's MEMORANDUM in Support re #26 Plaintiff's MOTION to Dismiss Defendant Hawit's Counterclaims filed by Counter Defendant UBS Bank USA. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Borrelli, Anthony) |
| Filing 26 Plaintiff's MOTION to Dismiss Defendant Hawit's Counterclaims filed by Counter Defendant UBS Bank USA. (Borrelli, Anthony) |
| Filing 25 ANSWER to #1 Complaint and, COUNTERCLAIM against UBS Bank USA filed by Andre Hawit.(Baker, Brent) |
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Filing 24
MEMORANDUM DECISION AND ORDER denying #14 Motion to Dismiss or in the Alternative to Stay Proceedings. Signed by Judge Dale A. Kimball on 7/31/09. (las)
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| Filing 23 Minute Entry for proceedings held before Judge Dale A. Kimball: Motion Hearing held on 7/9/2009 re #14 Defendant's MOTION to Dismiss or in the Alternative to Stay Proceedings Pending Arbitration filed by Andre Hawit. After hearing the arguments presented by Mr. Baker and Mr. Wells, the Court took the motion under advisement. Attorney for Plaintiff: Julian Wells & Stephen Horvat, Attorney for Defendant: Brent Baker. Court Reporter: Kathy Morgan. (kmj) |
| Filing 22 NOTICE OF HEARING ON MOTION re: #14 Defendant's MOTION to Dismiss or in the Alternative to Stay Proceedings Pending Arbitration : (Notice generated by Kim Jones) Motion Hearing set for 7/9/2009 03:00 PM in Room 220 before Judge Dale A. Kimball. (kmj) |
| Filing 21 REPLY to Response to Motion re #14 Defendant's MOTION to Dismiss or in the Alternative to Stay Proceedings Pending Arbitration filed by Defendant Andre Hawit. (Attachments: #1 Exhibit A (part 1 of 2), #2 Exhibit A (part 2 of 2))(Baker, Brent) |
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Filing 20
SCHEDULING ORDER: Initial Pretrial Conference vacated. Amended Pleadings due by 8/1/2009. Joinder of Parties due by 8/1/2009. Fact discovery due by 10/1/09. Expert discovery due by 1/1/2010. Motions due by 10/1/2009. Final Pretrial Conference set for 3/2/2010 02:30 PM in Room 220 before Judge Dale A. Kimball. 4 day Bench Trial set for 3/15/2010 08:30 AM in Room 220 before Judge Dale A. Kimball. (See order for other deadlines.) Signed by Magistrate Judge David Nuffer on 4/22/09. (jwt)
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| Filing 19 MEMORANDUM in Opposition re #14 Defendant's MOTION to Dismiss or in the Alternative to Stay Proceedings Pending Arbitration filed by Plaintiff UBS Bank USA. (Attachments: #1 Exhibit Complaint and Credit Line Agreement, #2 Exhibit Brokerage Account Agreement, #3 Exhibit Burger Case)(Borrelli, Anthony) |
| Filing 18 REPORT OF ATTORNEY PLANNING MEETING. (Borrelli, Anthony) |
| Filing 17 NOTICE OF INITIAL PRETRIAL CONFERENCE: (Notice generated by Theresa Brown)The Attorneys Planning Meeting Report and Proposed Scheduling Order forms, available on the court web site at # http://www.utd.uscourts.gov/documents/formpage.html, should be prepared 30 days before the Initial Pretrial Conference hearing date.NOTICE TO COUNSEL, The Court may enter a scheduling order and vacate the hearing if counsel(a) file a stipulated Attorneys Planning Meeting Report; and(b) e-mail a Proposed Scheduling Order to #ipt@utd.uscourts.gov30 days before the scheduled hearing. See instructions at # http://www.utd.uscourts.gov/documents/ipt.html Initial Pretrial Conference set for 5/20/2009 11:00 AM in Room 477 before Magistrate Judge David Nuffer. (tab) |
| Filing 16 NOTICE OF ADR, e-mailed or mailed to Plaintiff UBS Bank USA, Defendant Andre Hawit. (jwt) |
| Filing 15 MEMORANDUM in Support re #14 Defendant's MOTION to Dismiss or in the Alternative to Stay Proceedings Pending Arbitration filed by Defendant Andre Hawit. (Attachments: #1 Exhibit A part 1, #2 Exhibit A part 2, #3 Exhibit B, #4 Exhibit C)(Baker, Brent) |
| Filing 14 Defendant's MOTION to Dismiss or in the Alternative to Stay Proceedings Pending Arbitration filed by Defendant Andre Hawit. (Baker, Brent) |
| Filing 13 NOTICE of Appearance by Erik A. Christiansen on behalf of Andre Hawit (Christiansen, Erik) |
| Filing 12 NOTICE of Appearance by Brent R. Baker on behalf of Andre Hawit (Baker, Brent) |
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Filing 11
ORDER granting #10 Motion for Extension of Time to Answer. Answer deadline updated for Andre Hawit answer due 3/20/2009. Signed by Judge Dale A. Kimball on 3/17/09. (jwt)
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| Filing 10 MOTION for Extension of Time to File Answer re #1 Complaint filed by Plaintiff UBS Bank USA. (Attachments: #1 Text of Proposed Order)(Horvat, Stephen) |
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Filing 9
ORDER TO SHOW CAUSE- Plaintiffs are directed to respond in writing within 15 days from the date of this order and inform the Court of the status of the case and intentions to proceed. Failure to do so will result in dismissal of the case. Signed by Judge Dale A. Kimball on 3/11/09. (jwt)
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Filing 8
ORDER granting #6 Motion for Admission Pro Hac Vice of Julian W. Wells for UBS Bank USA. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Dale A. Kimball on 2/11/09. (jwt)
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Filing 7
ORDER granting #5 Motion for Admission Pro Hac Vice of Anthony J. Borrelli for UBS Bank USA. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Dale A. Kimball on 2/11/09. (jwt)
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| Filing 6 Plaintiff's MOTION for Admission Pro Hac Vice of Julian W. Wells, Registration fee $ 15, receipt number 10880000000000835313, filed by Plaintiff UBS Bank USA. (Attachments: #1 Exhibit A-Application for Admission, #2 Exhibit B-Electronic Case Filing Registration Form, #3 Text of Proposed Order -Exhibit C)(Eshelman, Jennifer) |
| Filing 5 Plaintiff's MOTION for Admission Pro Hac Vice of Anthony J. Borrelli, Registration fee $ 15, receipt number 10880000000000835307, filed by Plaintiff UBS Bank USA. (Attachments: #1 Exhibit A-Application for Admission, #2 Exhibit B-Electronic Case Filing Registration Form, #3 Text of Proposed Order -Exhibit C)(Eshelman, Jennifer) |
| Filing 4 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by UBS Bank USA as to Andre Hawit served on 1/31/2009, answer due 2/20/2009. (jwt) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Plaintiffs UBS Bank USA, UBS Americas Inc identifying Corporate Parent UBS Americas Inc for UBS Bank USA. (las) |
| Filing 2 EXHIBIT A filed by UBS Bank USA re #1 Complaint. (las) |
| Filing 1 COMPLAINT against Andre Hawit (Filing fee $ 350, receipt number 4681028466), filed by UBS Bank USA. (Attachments: #1 Civil Cover Sheet) Assigned to Judge Dale A. Kimball (las) |
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