Miesen v. Munding et al
| Dale Miesen and Dale L Miesen |
| John D Munding, Munding, P.S., Crumb & Munding, P.S., Munding PS, AIA Services Corporation, John or Jane I-III Does, Karen Munding, AIA Insurance Inc and Crumb & Munding PS |
| 2:2018cv00270 |
| August 21, 2018 |
| US District Court for the Eastern District of Washington |
| Rosanna Malouf Peterson |
| Stockholders Suits |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 41 TRANSCRIPT DESIGNATION of Record on Appeal by Dale L Miesen re #35 Lodged Notice of Appeal, #40 Transcript Designation of Record on Appeal, #39 9CCA Time Schedule, #36 Notice of Appeal,. Date Appeal Filed: 3/30/2019. Court Reporter:Ronelle Corbey,. 9CCA: 19-35255. (Bond, Roderick) |
| Filing 40 TRANSCRIPT DESIGNATION of Record on Appeal by Dale L Miesen re #35 Lodged Notice of Appeal, #39 9CCA Time Schedule, #36 Notice of Appeal,. Date Appeal Filed: 3/30/2019. Court Reporter:Ronelle Corbey,. 9CCA: 19-35255. (Bond, Roderick) |
| Filing 39 9CCA Appeal Time Schedule and Case Number: 19-35255 for #36 Notice of Appeal, filed by Dale L Miesen. Designation Due: 05/01/19. Transcript Due: 05/31/19. Opening Brief Due: 07/10/19. Appellees Brief Due: 08/12/19. Mediation Questionnaire Due: 04/08/19. cc: Court Reporter Ronelle Corbey. (PL, Case Administrator) |
| Filing 38 Letter from Appeal Deputy Clerk to Roderick Bond dated 4/1/2019. (Attachments: #1 Notice of Appeal, #2 Public Docket Sheet)(LR, Case Administrator) |
| Filing 37 9CCA Payment Notification form re #36 Notice of Appeal. Received $505, receipt number 0980-3129461. (LR, Case Administrator) |
| Filing 36 NOTICE OF APPEAL and Representation Statement from District Court decision as to #34 Order on Motion to Dismiss for Failure to State a Claim and Motion to Strike, by Dale L Miesen. cc: Court Reporter: Ronelle Corbey. (LR, Case Administrator). 9CCA# 19-35255. Modified on 4/1/2019 (PL, Case Administrator). |
| Filing 35 LODGED NOTICE OF APPEAL by Dale L Miesen. Filing fee $ 505, receipt number 0980-3129461. (Bond, Roderick) |
Filing 34
ORDER GRANTING IN PART DEFENDANT'S MOTION TO DISMISS AND DISMISSING PLAINTIFF'S CLAIMS WITHOUT PREJUDICE, granting in part and denying in part #19 Motion to Dismiss for Failure to State a Claim; granting in part, denying in part, and denying as moot in remaining part #22 Motion to Strike. Case is CLOSED. Signed by Judge Rosanna Malouf Peterson. (LR, Case Administrator)
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| Filing 33 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Telephonic Motions Hearing. Proceedings held on 2/8/2019 in Telephonic Hearing before Judge Rosanna Malouf Peterson. Page Numbers: 1 - 44 Parties have seven (7) business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court 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. Information regarding the policy can be found on the court website at www.waed.uscourts.gov. To purchase a copy of the transcript contact Court Reporter/Transcriber Ronelle F. Corbey at 509-458-5283 or Ronelle_Corbey@waed.uscourts.gov. Redaction Request due 3/8/2019. Redacted Transcript Deadline set for 3/18/2019. Release of Transcript Restriction set for 5/16/2019. (Corbey, Ronelle) |
| Filing 32 Minute Entry for TELEPHONIC proceedings held before Judge Rosanna Malouf Peterson: Motion Hearing held on 2/8/2019 re #22 MOTION to Strike #8 Affidavit in Support of Motion, #9 Declaration in Support of Motion,, #20 Declaration in Support of Motion, filed by Dale L Miesen, #19 Second MOTION to Dismiss for Failure to State a Claim filed by Crumb & Munding PS, Karen Munding, John D Munding, Munding PS. (Reported/Recorded by: Ronelle F. Corbey) (MF, Courtroom Deputy) |
| Filing 31 NOTICE of Hearing on Motion - By Court - Text entry;no PDF document. Oral Argument Requested re #19 Second MOTION to Dismiss for Failure to State a Claim , #22 MOTION to Strike #8 Affidavit in Support of Motion, #9 Declaration in Support of Motion,, #20 Declaration in Support of Motion, : TIME CHANGE AND SETTING HEARING TELEPHONICALLY. Motion Hearing set for 2/8/2019 at 01:30 PM via Teleconference before Judge Rosanna Malouf Peterson. The parties shall call the Courts toll-free conference line at (888) 363-4749 and enter access code 6699898. Please listen carefully and follow the automated instructions so that you can be added to the conference in a timely manner. Cell phones and speaker phones are not compatible with the Courts sound system and may not be used.(MF, Courtroom Deputy) |
| Filing 30 REPLY MEMORANDUM re #22 MOTION to Strike #8 Affidavit in Support of Motion, #9 Declaration in Support of Motion,, #20 Declaration in Support of Motion, filed by Dale L Miesen. (Bond, Roderick) |
| Remark. On November 27, 2018, Defendants filed duplicate replies to their Second Motion to Dismiss for Failure to State Claim (ECF No. #19 ) at ECF Nos. #28 , #29 . For clarity of the record, the Court and the parties shall cite to ECF No. #28 in all future related pleadings. (MS, Judicial Assistant) |
| Filing 29 REPLY MEMORANDUM re #19 Second MOTION to Dismiss for Failure to State a Claim filed by Crumb & Munding PS, John or Jane I-III Does, John D Munding, Karen Munding, Munding PS. (Louvier, Markus) |
| Filing 28 REPLY MEMORANDUM re #19 Second MOTION to Dismiss for Failure to State a Claim filed by Crumb & Munding PS, John D Munding, Karen Munding, Munding PS. (Louvier, Markus) |
| Filing 27 RESPONSE to Motion re #22 MOTION to Strike #8 Affidavit in Support of Motion, #9 Declaration in Support of Motion,, #20 Declaration in Support of Motion, filed by Crumb & Munding PS, John D Munding, Karen Munding, Munding PS. (Louvier, Markus) |
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Filing 26
ORDER DENYING AS MOOT Defendants' motion to dismiss Plaintiff's initial complaint for failure to state a claim, ECF No. 7. Plaintiff filed an amended complaint, ECF No. 10, which superseded Plaintiff's initial complaint, and Defendants moved to dismiss Plaintiff's amended complaint for failure to state a claim, ECF No. 19. At the parties' request, the Court scheduled oral argument regarding Defendants' motion to dismiss Plaintiff's amended complaint, ECF No. 19, for February 8, 2019. Accordingly, the oral argument hearing set for November 28, 2018, at 1:45 p.m. on ECF No. 7 is STRICKEN. This text-only entry constitutes the Court's rulings on this matter. TEXT ORDER - NO PDF ATTACHED Signed by Judge Rosanna Malouf Peterson. (Peterson, Rosanna)
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| Filing 25 Errata filed by Dale L Miesen: Re #23 Response to Motion re: Errors in Docket 23. (Bond, Roderick) |
| Filing 24 DECLARATION by Roderick C. Bond in Opposition re #22 MOTION to Strike #8 Affidavit in Support of Motion, #9 Declaration in Support of Motion,, #20 Declaration in Support of Motion, , #19 Second MOTION to Dismiss for Failure to State a Claim filed by Dale L Miesen. (Attachments: #1 Exhibit A - Order Modifying Orders in GemCap v. CropUSA, et al., #2 Exhibit B - Settlement Agreement filed in Miesen v. Henderson, et al.)(Bond, Roderick) |
| Filing 23 RESPONSE to Motion re #19 Second MOTION to Dismiss for Failure to State a Claim filed by Dale L Miesen. (Bond, Roderick). See Errata filed at ECF No. #25 . Modified on 11/21/2018 (PL, Case Administrator). |
| Filing 22 MOTION to Strike #8 Affidavit in Support of Motion, #9 Declaration in Support of Motion,, #20 Declaration in Support of Motion, by Dale L Miesen. Motion Hearing set for 2/8/2019 at 10:00 AM in Spokane Courtroom 901 before Judge Rosanna Malouf Peterson. (Bond, Roderick) |
| Filing 21 NOTICE of CHANGE OF HEARING DATE (text-only entry; no PDF will issue). At the request of all counsel, Defendants' Second Motion to Dismiss for Failure to State Claim, ECF No. #19 , is reset for hearing on February 8, 2019, at 10:00 AM in Spokane Courtroom 901 before Judge Rosanna Malouf Peterson. (MS, Judicial Assistant) |
| Filing 20 STRICKEN DECLARATION by John D. Munding in Support re #19 Second MOTION to Dismiss for Failure to State a Claim filed by Crumb & Munding PS, John D Munding, Karen Munding, Munding PS. (Attachments: #1 Exhibit California Docket, #2 Exhibit Emails, #3 Exhibit California Lawsuit Civil Minutes, #4 Exhibit Emails, #5 Exhibit Emails)(Louvier, Markus) Modified on 3/28/2019: Stricken pursuant to Order filed at ECF No. #34 (LR, Case Administrator). |
| Filing 19 Second MOTION to Dismiss for Failure to State a Claim by Crumb & Munding PS, John D Munding, Karen Munding, Munding PS. Motion Hearing set for 12/12/2018 at 09:00 AM in Spokane Courtroom 901 before Judge Rosanna Malouf Peterson. (Louvier, Markus) |
| Filing 18 REPLY MEMORANDUM re #7 MOTION to Dismiss filed by Crumb & Munding PS, John D Munding, Karen Munding, Munding PS. (Louvier, Markus) |
| Filing 17 RESPONSE to Motion re #7 MOTION to Dismiss Motion Is MOOT filed by Dale L Miesen. (Bond, Roderick) |
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Filing 16
ORDER Granting in Part #11 Plaintiff's Motion for an Extension of Time to Respond to Defendants' Motion to Dismiss. Signed by Judge Rosanna Malouf Peterson. (PL, Case Administrator)
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| Filing 15 AFFIDAVIT by Markus W Louvier in Opposition re #11 First MOTION for Extension of Time to File Response/Reply as to #7 MOTION to Dismiss filed by Crumb & Munding PS, John D Munding, Karen Munding, Munding PS. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Louvier, Markus) |
| Filing 14 RESPONSE to Motion re #11 First MOTION for Extension of Time to File Response/Reply as to #7 MOTION to Dismiss filed by Crumb & Munding PS, John D Munding, Karen Munding, Munding PS. (Louvier, Markus) |
| Filing 13 NOTICE of Hearing on Motion - By Court - Text entry;no PDF document. Oral Argument Requested re #7 MOTION to Dismiss : DATE AND TIME CHANGE. Motion Hearing set for 11/9/2018 is RESET to 11/28/2018 at 01:30 PM Spokane Courtroom 901 before Judge Rosanna Malouf Peterson. The parties requested this matter be reset.(MF, Courtroom Deputy) |
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Filing 12
TEXT-ONLY ORDER (no PDF shall issue). Plaintiff in this matter moved for an extension of time, ECF No. #11 , to respond to Defendants' motion to dismiss, ECF No. #7 . Plaintiff did not move to expedite hearing of the motion for extension of time. See LCivR 7(I)(2). However, in light of the approaching November 9, 2018, hearing date for Defendants' motion to dismiss, and Plaintiff's filing of a first amended complaint, ECF No #10 , on October 9, 2018, the Court finds it prudent to hear from Defendants on an expedited basis. Accordingly, Defendants shall file any response to Plaintiff's motion for an extension of time, ECF No. #11 , no later than 2:30 p.m. on October 12, 2018. The motion for extension of time, ECF No. #11 , is reset for hearing on October 12, 2018, at 6:30 p.m., without oral argument. This text-only entry constitutes the Court's ruling on the matter. Signed by Judge Rosanna Malouf Peterson. (MS, Judicial Assistant)
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| Reset Motion Hearing as to ECF No. #11 First MOTION for Extension of Time to File Response/Reply as to ECF No. #7 MOTION to Dismiss. Motion Hearing reset for October 12, 2018, without oral argument before Judge Rosanna Malouf Peterson. (MS, Judicial Assistant) |
| Filing 11 First MOTION for Extension of Time to File Response/Reply as to #7 MOTION to Dismiss by Dale L Miesen. Motion Hearing set for 11/8/2018 Without Oral Argument before Judge Rosanna Malouf Peterson. (Attachments: #1 Supplement Memorandum of Law ISO Motion to Extend Time, #2 Affidavit of Roderick C. Bond)(Bond, Roderick) |
| Filing 10 First AMENDED COMPLAINT against AIA Insurance Inc, AIA Services Corporation, Crumb & Munding PS, John or Jane I-III Does, Jane Doe Munding, John D Munding, Munding PS. Jury Demand. Filed by Dale L Miesen. (Attachments: #1 Exhibit A - Pertinent Portions of AIA Services' Amended Articles of Incorporation, #2 Exhibit B - AIA Services' Restated Bylaws)(Bond, Roderick) |
| Filing 9 DECLARATION by Alyson Foster in Support re #7 MOTION to Dismiss filed by Crumb & Munding PS, Jane Doe Munding, John D Munding, Munding PS. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit)(Louvier, Markus) |
| Filing 8 AFFIDAVIT by Markus W. Louvier in Support re #7 MOTION to Dismiss filed by Crumb & Munding PS, Jane Doe Munding, John D Munding, Munding PS. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit)(Louvier, Markus) |
| Filing 7 MOTION to Dismiss by Crumb & Munding PS, Jane Doe Munding, John D Munding, Munding PS. Motion Hearing set for 11/9/2018 at 09:00 AM in Spokane Courtroom 901 before Judge Rosanna Malouf Peterson. (Louvier, Markus) |
| Filing 6 SUMMONS Returned Executed by Dale L Miesen re AIA Insurance Inc, AIA Services Corporation, Crumb & Munding PS, Jane Doe Munding, John D Munding, Munding PS. (Attachments: #1 Summons Munding P.S. - Served 8-28-18, #2 Summons John Munding - Served 8-28-18, #3 Summons Jane Doe Munding (Karen Munding) - Served 8-28-18, #4 Summons AIA Insurance - Served 9-10-18, #5 Summons AIA Services - Served 9-10-18)(Bond, Roderick) |
| Filing 5 NOTICE of Appearance by James Bernard King on behalf of Crumb & Munding PS, Jane Doe Munding, John D Munding, Munding PS (Attorney James Bernard King added to party Crumb & Munding PS(pty:dft), Attorney James Bernard King added to party Jane Doe Munding(pty:dft), Attorney James Bernard King added to party John D Munding(pty:dft), Attorney James Bernard King added to party Munding PS(pty:dft))(King, James) |
| Filing 4 NOTICE of Appearance by Markus William Louvier on behalf of Crumb & Munding PS, Jane Doe Munding, John D Munding, Munding PS (Attorney Markus William Louvier added to party Crumb & Munding PS(pty:dft), Attorney Markus William Louvier added to party Jane Doe Munding(pty:dft), Attorney Markus William Louvier added to party John D Munding(pty:dft), Attorney Markus William Louvier added to party Munding PS(pty:dft))(Louvier, Markus) |
| Filing 3 Summons Issued to John Munding (Attachments: #1 Summons Jane Doe Munding, #2 Summons Munding PS, #3 Summons Crumb & Munding PS, #4 Summons AIA Services Corporation, #5 Summons AIA Insurance Inc)(AY, Case Administrator) |
| Notice of Judge Assignment. Judge Rosanna Malouf Peterson assigned to case. (AY, Case Administrator) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400; Receipt # 0980-2967432) Jury Demand. Filed by Dale Miesen. (Attachments: #1 Exhibit A - Pertinent Portions of AIA Services' Amended Articles of Incorporation, #2 Exhibit B - AIA Services' Restated Bylaws, #3 Civil Cover Sheet, #4 Summons John Munding, #5 Summons Crumb & Munding, #6 Summons Munding, P.S., #7 Summons AIA Services Corp., #8 Summons AIA Insurance)(Bond, Roderick) |
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