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04-267 - DePaola v. Nissan North America, et al


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04-267 - DePaola v. Nissan North America, et al
August 29, 2005
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s moot Ken-Mac defendants 120 motion for an extension of time; granting 131 motion to amend the complaint; that plaintiff may file her amended complaint on or before 9/21/05; granting 144 motion for leave to file limited reply; denying defendants' 110, 113, 117 and 122 motions to dismiss; that in response to plaintiff's complaint, defendants may not incorporate by reference any portion of any of their previous motions or briefs; Signed by Judge Susan Russ Walker on 8/29/05. (Attachments: # (1) civil appeal checklist) (ajr, )ORDER granting 49 motion to withdraw the reference of this adversary proceeding; denying 51 motion to strike plaintiff's motion to withdraw the reference; denying as moot documents 11, 13, 16, 23, 25, 40, 54 and 55; denying a
May 2, 2006
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MEMORANDUM AND ORDER re: 156 Motion to Dismiss the Second Amended Complaint; 166 Motion to Dismiss Second Amended Complaint; 172 Motion to Dismiss Second Amended Complaint; 164 Jont Motion to Dismiss; and 161 Motion to Dismiss Second Amended Complaint. Ordered as follows: (1) the motions to dismiss all claims as to the Image Point defendants, T & T defendants and Ken-Mac defendants as well as defendants Horton, Doi and Wakisaka are granted; (2) the Bunker defendants' motion to dismiss the promissary fraud (Claim 1) and RICO claims (Claims 3-6) are granted; their motion to dismiss as to the conversion and misappropriation claim (Claim 2) is denied; (3) the motion to dismiss the RICO claims (Claims 3-6) as to defendant Perry is granted; his motion to dismiss the promissary fraud (Claim 1) and conversion and misappropriation (Claim 2) claims is denied; (4) the motion to dismiss the RICO and conversion and misappropriation claims (Claims 2-6) as to defendants Bossis and Smith is granted; their motion to dismiss as to the promissary fraud claim (Claim 1) is denied; (5) the court will grant the motion to dismiss the RICO claims (Claims 3-6) and the breach of the louvers and entry contract claim (Claim 9) as to defendant NMAC; NMAC's motion to dismiss promissary fraud (Claim 1), conversion and misappropriation, (Claim 2) quantum meruit and unjust enrichment, (Claim 7) and breach of the sign contract (Claim 8) is denied; and (6) the motion to dismiss the RICO claims (Claims 3-6) as to defendant NNA is granted; NNA's motion to dismiss the promissary fraud (Claim 1), conversion and misappropriation, (Claim 2) and quantum meruit and unjust enrichment (Claim 7) claims is denied.. Signed by Judge Lyle E. Strom on 5/2/06. (Attachments: # (1) Civil Appeals Checklist)(sl, )
February 21, 2008
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REPORT AND RECOMMENDATIONS of the Magistrate Judge that the Nissan Dfts' 243 MOTION for Sanctions, and dfts Bunker Plastic and John Parkinson's 273 Joinder in Motion for Sanctions be DENIED; The Clerk of the Court is ORDERED to file the Recommendation of the Magistrate Judge and to serve a copy on the parties to this action; Objections to R&R due by 3/4/2008. Signed by Judge Susan Russ Walker on 2/21/2008. (wcl, )
March 24, 2008
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MEMORANDUM AND ORDER directing: 1) The Nissan dfts' 335 Objection to Findings of Magistrate Judge is overruled; 2) The 322 Recommendation of the Magistrate Judge is adopted; 3) The Nissan dfts' 243 Motion for Sanctions is denied; 4) Dfts Bunker Plastics and John Parkinson's 273 Joinder in Motion for Sanctions is denied; 5) The Nissan dfts' 312 Motion for Summary Judgment and/or Partial Summary Judgment is granted in part and denied in part; 6) Summary judgment is granted in favor of dfts Perry, Bossis, and Smith on DePaola's promissory fraud claim; 7) The Nissan dfts' 312 Motion for Summary Judgment and/or Partial Summary Judgment is denied in all other respects. Signed by Judge Lyle E. Strom on 3/24/2008. (Attachments: # (1) civil appeals checklist)(wcl, )
April 9, 2008
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ORDERED that the plf shall file any response to the 398 MOTION to Quash on or before close of business 4/10/2008. Signed by Judge Susan Russ Walker on 4/9/2008. (wcl, )
October 24, 2008
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MEMORANDUM OPINION. Signed by Honorable Lyle E. Strom on 10/24/2008. (cc, )