ORDER RE CROSS MOTIONS FOR SUMMARY JUDGMENT JAMES C. MAHAN, District Judge. The above entitled case came on regularly for hearing on Plaintiffs' motion for summary judgment against defendant JPM Construction, LLC (hereinafter "JPM") and JPM's cross motion for summary judgment against plaintiffs before the Honorable James C. Mahan, United States District Judge, presiding. Michael A. Urban, of Laquer, Urban, Clifford & Hodge, LLP, appeared as counsel for plaintiffs and moving parties. Trustees...
ORDER LLOYD D. GEORGE, District Judge. Plaintiff Charles D. Lombino brought this action against Defendants Bank of America, N.A. ("BofA") and Shawn Aberman, a BofA Branch Manager, for damages resulting from Aberman's alleged assurances that a check deposited by Lombino had cleared and that such funds were legitimately and permanently available for Lombino's use. Lombino claimed that he, relying on Alberman's inaccurate representations, unwittingly transferred $185,000 of the $197,500 total...
ORDER Motion to Disqualify Mitchell D. Gliner—# 52 GEORGE FOLEY, JR., United States Magistrate Judge. This matter is before the Court on Defendant's Motion to Disqualify Mitchell D. Gliner as Counsel for Plaintiffs (# 52), filed on May 17, 2011; Plaintiffs' Opposition to Motion to Disqualify (# 61), filed on May 31, 2011; and Defendant's Reply in Support of the Motion to Disqualify (# 64), filed on June 9, 2011. The Court conducted a hearing in this matter on June 27, 2011. BACKGROUND...
CARL W. HOFFMAN, Magistrate Judge. The United States, by and through Daniel G. Bogden, United States Attorney, and Nancy J. Koppe, Assistant United States Attorney, asks this Court to unseal the affidavits of probable cause supporting the search warrant in the above-referenced case, as it is no longer necessary for them to remain sealed. IT IS SO ORDERED.
ORDER GRANTING PLAINTIFF'S SECOND EX PARTE APPLICATION FOR ENTRY OF TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION PHILIP M. PRO, District Judge. THIS CAUSE is before the Court on Plaintiff's Second Ex Parte Application For Entry of a Temporary Restraining Order and Preliminary Injunction (the "Second Application for TRO"). Plaintiff, Louis Vuitton Malletier, S.A. ("Plaintiff" or "Louis Vuitton"), moves, on an ex parte basis, for entry of a temporary restraining order, and,...
AGREED ORDER OF DISMISSAL AND SEVERANCE RELATED TO DIAZ POLICY ROBERT JAMES, District Judge. The Court, having considered the joint motion of Plaintiffs and Defendant Americo Financial Life and Annuity Insurance Company ("Americo") to dismiss all settled claims related to the Diaz policy and to the sever dismissed claims, is of the opinion that the motion should be GRANTED. Accordingly, it is ORDERED, ADJUDGED, AND DECREED as follows: 1. Americo life insurance policy W0114785 insuring the...
ORDER LARRY R. HICKS, District Judge. Before the court is defendant Arizona Stone & Architectural Products NV, LLC's ("Arizona Stone") motion for summary judgment on plaintiff R&O Construction Company's ("R&O") second amended complaint (Doc. #48 1 ). Doc. #78. R&O filed an opposition to the motion (Doc. #93) to which Arizona Stone replied (Doc. #101). I. Facts and Background This is a construction defect action. In September 2007, R&O entered into a contract with non-party Home Depot to act...
ORDER PHILIP M. PRO, District Judge. Before the Court is Defendant Steven R. Campbell's Motion to Dismiss; or, Alternatively, Motion for More Definite Statement (Doc. # 26), filed on June 30, 2011. Plaintiff Assurance Company of America filed a Response (Doc. # 32) on July 18, 2011. Defendant Steven R. Campbell filed a Reply (Doc. # 34) on July 28, 2011. Also before the Court is Defendants Campbell Concrete of Nevada, Inc.; Campbell Concrete, Inc.; and Sterling Trenching, Inc.'s Motion...
ORDER JAMES C. MAHAN, District Judge. Plaintiffs Todd Neely and Xpertes, LLC d/b/a Xpert Exposition Services (hereinafter collectively referred to as "Plaintiffs"), by and through their respective attorneys, filed a Motion for Summary Judgment (hereinafter "Motion"). (Docket No. 11). Defendants Champion Exposition Services, LLC and Champion Exposition Services of Illinois, Inc. (hereinafter collectively referred to as "Defendants"), by and through their respective attorneys, filed their...
ORDER ROBERT C. JONES, District Judge. This case involves a stranger-originated life insurance scheme, in which the plaintiffs "loaned" money to pay the premiums on seven life insurance policies of six wealthy individuals. In their first amended complaint ("FAC"), the plaintiffs claim they were not aware this arrangement was against public policy and now seek to have the policies declared void ab initio and the premiums returned. Defendant American General Life Insurance Company ("American...
GEORGE FOLEY, Jr., Magistrate Judge. The United States, by and through Daniel G. Bogden, United States Attorney, and Nancy J. Koppe, Assistant United States Attorney, asks this Court to unseal the affidavit of probable cause supporting the search warrant in the above-referenced case, as it is no longer necessary for it to remain sealed.
ORDER KENT J. DAWSON, District Judge. IT IS HEREBY ORDERED that the Probation Department will prepare a Pre-Plea Pre-Sentence Investigation Report on Defendant Enrique Aquino.
ORDER PHILIP M. PRO, District Judge. Presently before the Court is Respondents Karen P. Bennett-Haron, P. Michael Murphy, and Christopher J. Laurent's Motion to Dismiss (Doc. # 11), filed on July 22, 2011. Petitioners Phillip Zaragoza, Michael Franco, and Peter Kruse filed an Opposition (Doc. # 18) on August 15, 2011. Respondents filed a Reply (Doc. # 19) on August 19, 2011. Also before the Court is Petitioners' Motion to Remand for Lack of Federal Jurisdiction or Under Pullman Abstention...
GEORGE FOLEY, Jr., Magistrate Judge. The United States, by and through Daniel G. Bogden, United States Attorney, and Nancy J. Koppe, Assistant United States Attorney, asks this Court to unseal the affidavit of probable cause supporting the search warrant in the above-referenced case, as it is no longer necessary for it to remain sealed.
[PROPOSED] ORDER GRANTING PLAINTIFF'S SECOND EX PARTE APPLICATION FOR ENTRY OF TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION KENT J. DAWSON, District Judge. THIS CAUSE is before the Court on Plaintiff's Second Ex Parte Application For Entry of a Temporary Restraining Order and Preliminary Injunction (the "Second Application for TRO"). Plaintiff, Chanel, Inc. ("Plaintiff" or "Chanel"), moves, on an ex parte basis, for entry of a temporary restraining order, and, upon...
STIPULATION AND ORDER DISMISSING WITH PREJUDICE PHILIP M. PRO, District Judge. Plaintiff Dr. Bruce Butcher and Defendants Advanced Mineral Technologies, Inc., Philip Cash, Gary Mason, Cletius Rogers, and Bil Zeleny, have reached a settlement agreement and hereby stipulate and agree to dismiss this action, including all claims, counterclaims, and cross-claims, with prejudice pursuant to Federal Rule of Civil Procedure 41(a), with each party to bear its own attorneys' fees and costs incurred...
ORDER GRANTING PLAINTIFF'S MOTION TO INCLUDE DEFENDANTS 629-707 IN PLAINTIFF'S SECOND EX PARTE APPLICATION FOR ENTRY OF TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION KENT J. DAWSON, District Judge. THIS CAUSE is before the Court on Plaintiff's Motion to Include Defendants 629-707 1 in Plaintiff's Second Ex Parte Application for Entry of Temporary Restraining Order and Preliminary Injunction ("Plaintiff's Second Application") (e-docket 34) (the "Motion to Include the Group...
JOINT MOTION TO STAY PROCEEDINGS PENDING TRANSFER TO MDL AND MEMORANDUM OF POINTS AND AUTHORITIES PHILIP M. PRO, District Judge. Plaintiff Coleman-Toll Limited Partnership ("Coleman-Toll") and defendant REHAU Incorporated ("REHAU") (collectively "the parties") move the Court to stay all proceedings in this action pending a decision by the Judicial Panel on Multidistrict Litigation (the "Panel") regarding whether to centralize this action and twelve other actions pending in federal district...
THIS DOCUMENT APPLIES TO: ALL RELATED ACTIONS PLAINTIFFS STEPHEN AND CATHEY GOODMAN'S MOTION TO SUBSTITUTE BANKRUPTCY TRUSTEE AS PARTY IN INTEREST AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF PHILIP M. PRO, District Judge. COME NOW two of the Plaintiffs, Stephen and Cathey Goodman, and move this Honorable Court for entry of an Order substituting the trustee in their Chapter 7 bankruptcy proceeding in the United States Bankruptcy Court for the District of Arizona, No. 2-09-bk-...
AGREED PROTECTIVE ORDER PEGGY A. LEEN, Magistrate Judge. Plaintiffs Edwin B. Carton, Lonnie C. Carton, Kenneth Huntley, II, LLC, Gloria Diaz II, LLC, Kenneth Huntley IV, LLC, Thomas Colbert V, LLC, Leon Dean II, LLC, Wanda Dean II, LLC, and Samuel Diggle II, LLC ("Plaintiffs"); Defendants Estate Planning Solution Network, Bruce S. Plotnick, Angelo Diaz Gonzalez, Leon E. and Wanda D. Dean as individuals and as alleged Trustees of their respective Trusts, Gloria Diaz Rivera, Gloria Diaz Rivera...
