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04-2001 - Liss, et al v. Exel Trans Services, et al


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04-2001 - Liss, et al v. Exel Trans Services, et al
December 13, 2005
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MEMORANDUM OF DECISION AND ORDER denying 62 Defendants' Motion for Judgment on the Pleadings.. Signed by Judge Stephen M McNamee on 12/12/05. (TLJ, )
September 20, 2006
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ORDER granting 159 STIPULATION TO EXTEND DATE OF PLAINTIFFS/COUNTERDEFENDANTS REBUTTAL OPINION (SECOND REQUEST). Signed by Judge Stephen M McNamee on 9/19/06. (LSP)
October 19, 2006
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ORDER that the parties' Stipulation to Allow Exel Transportation Services, Inc. and Robert LIss to Conduct Three Additional Depositions after the Discovery Cutoff Date of 10/13/06 170 is GRANTED. IT IS FURTHER ORDERED granting 174 Motion for Extension of Time to file Reply in Support of Plaintiff's Motion for Partial Summary Judgment. Plaintiffs shall have until 10/20/06 to file a Reply in support of their Motion for Partial Summary Judgment. IT IS FURTHER ORDERED that the Final Pretial Conference scheduled for 12/06/06 at 4:00 p.m. is VACATED. The Court will reschedule this conference after ruling on the pending motion for partial summary judgment. IT IS FURTHER ORDERED that all provisions of this Court's 04/20/06 Order 94 remain in full effect, other than those dates that have been modified by this Court. Signed by Judge Stephen M McNamee on 10/19/06. (DNH, )
January 23, 2007
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ORDER - IT IS ORDERED that the 206 Motion to Withdraw as Attorney of Record for Plaintiff/Counterdefendant is GRANTED. FURTHER ORDERED that Stanley R. Lerner, Stanley R. Lerner P.C., Jeffrey F. Arbetman, and the Arbetman Law Office, P.C., may withdraw as counsel of record for Plaintiff/Counterdefendants Robert E. Liss and Zoe Liss. Attorney Jeffrey F Arbetman and Stanley R Lerner terminated. FURTHER ORDERED that the Clerk of Court shall direct all further communications in this matter to the following persons: Robert Liss (Plaintiff/Counterdefendant) 11442 E. Bella Vista Drive, Scottsdale, AZ 85259, (480) 391-1887 and Guadalupe Iniguez, Esq, Burch & Cracchiolo, P.A., 702 East Osborn, Suite 200, PO Box 16882, Phoenix, AZ 85011-6882, (602) 234-9938. Signed by Judge Stephen M McNamee on 1/23/07.(SAT)
March 21, 2007
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ORDER - IT IS HEREBY ORDERED DENYING Liss's 177 Motion to Strike Edward McDonough's Report Dated July 14, 2006. FURTHER ORDERED GRANTING Liss's 98 Motion for Partial Summary Judgment Re: Breach of Contract by Exel Transportation Services, Inc., as to 4.02 of the Employment Agreement. The Court finds § 4.02 of the Employment Agreement to be unreasonable and therefore unenforceable as a matter of law. FURTHER ORDERED DENYING the remainder of the claims raised in Liss's 98 Motion for Partial Summary Judgment Re: Breach of Contract by Exel Transportation Services, Inc. Signed by Judge Stephen M McNamee on 3/20/07.(SAT)
April 3, 2007
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ORDER granting 180 Motion for Partial Summary Judgment on Count II of Robert Liss's Amended Complaint; granting 188 Motion for Partial Summary Judgment on Mr. Liss's Claims for 2001 and 2002 Bonus Compensation. FURTHER ORDERED the attorneys for each party who will be responsible for trial of the lawsuit shall appear and participate in a Final Pretrial Conference on 06/06/07 at 4:00 p.m. in Courtroom 605 before Judge Stephen M. McNamee. The court will set a frim trial date at the Final Pretrial Conference Signed by Judge Stephen M McNamee on 04/03/07.(ESL)
April 3, 2007
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ORDER RE: Final Pretrial Conference. If this case shall be tried to a jury the parties shall prepare and sign a Proposed Pretrial order and submit it to the court no later than 4:00pm on 05/04/07. Should a settlement be reached, the parties shall file a Notice of Settlement with the Clerk of Court. Signed by Judge Stephen M McNamee on 04/03/07. (ESL)
April 20, 2007
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ORDER - IT IS ORDERED that Liss' first 217 Motion for Continuance and first 218 Motion for Expedited Ruling on Motion for Continuance of Pretrial Deadlines are DENIED as moot. FURTHER ORDERED that Liss' 219 Motion for Continuance and 220 Motion for Expedited Ruling on Motion for Continuance of Pretrial Deadlines are GRANTED. The deadlines set by the Court's Order Re: Final Pretrial Conference (Dkt. 214) shall be altered as follows: Proposed Pretrial Order shall be submitted no later than August 17, 2007. Motions in Limine shall be filed and served no later than August 17, 2007. Responses to motions in limine due by August 24, 2007. FURTHER ORDERED that the Final Pretrial Conference set for June 6, 2007 has been VACATED. The Court has rescheduled the Final Pretrial Conference for September 10, 2007 at 4:00 p.m. in Courtroom 605 before the Honorable Stephen M. McNamee. No further extensions shall be granted without a showing of good cause. Signed by Judge Stephen M McNamee on 4/19/07.(SAT)
June 11, 2007
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ORDER - IT IS ORDERED that the 226 Motion to Withdraw as Attorney of Record for Plaintiff/Counterdefendant is DENIED WITHOUT PREJUDICE, and counsel is encouraged to re-file a motion for withdrawal that complies with the requirements of LRCiv. 83.3. Signed by Judge Stephen M McNamee on 6/11/07.(SAT)
July 30, 2007
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ORDER - IT IS ORDERED GRANTING the 228 STIPULATION to Extend Time for Parties to Exchange Proposed Pretrial Order and to Submit Proposed Pretrial Order to Court. IT IS FURTHER ORDERED that the parties shall have until August 10, 2007, to exchange drafts of the Proposed Pretrial Order and shall have through August 24, 2007, to submit the Proposed Pretrial Order to the Court. Proposed Pretrial Order due by 8/24/2007. IT IS FURTHER ORDERED warning the parties that, barring exceptional circumstances, no further extensions shall be granted. Signed by Judge Stephen M McNamee on 7/26/07. (SAT)
August 16, 2007
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ORDER granting the parties' Stipulated Motion to Extend Time for Parties to File Motions in Limine 234. ORDER that all motions in limine shall be filed by 8/24/07. Signed by Judge Stephen M McNamee on 8/16/07. (TLJ)
August 30, 2007
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ORDER granting the 256 Motion to Withdraw as Attorney for Plaintiff/Counterdefendant. Attorney Guadalupe Iniguez of Burch and Cracchiollo, PA is no longer counsel of record for Plaintiff/Counterdefendants Robert E. Liss and Zoe Liss. Signed by Judge Stephen M McNamee on 8/30/07.(SAT)
September 13, 2007
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ORDER granting 277 Motion to File Under Seal the transcripts of the depositions of Amy Keith, Andrew Hadland and Anthony Flood. Signed by Judge Stephen M McNamee on 9/12/07.(MAP)
January 4, 2008
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ORDER denying Liss' 243 Motion for Leave to Amend Complaint. Signed by Judge Stephen M McNamee on 1/3/08.(KMG)
February 11, 2008
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ORDER - IT IS HEREBY ORDERED granting Dft Exel's 230 Motion for Sanctions; Pla Robert Liss shall be personally liable for the expenses, including atty's fees, incurred by Exel on account of Liss's failure to abide by the Court's order; Pla Liss shall be precluded from objecting on authentication or other foundational bases to materials received from the CPM computer; Denying Exel's motion to hold Pla Liss in contempt of court; Denying as moot Dft Exel's 270 Motion to Exclude from the Record Portions or the Declarations of Stanley Lerner and Robert Shely; Vacating the evidentiary hrg set for 2/22/08 at 1:30 p.m.; Setting a hearing to address the parties' motions in limine, and remaining miscellaneous matters for 2/22/08 at 1:30 p.m. A final pretrial conference shall be set at the motions in limine hrg. Signed by Judge Stephen M McNamee on 2/11/08. (SAT)
February 29, 2008
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ORDER granting in part Exel's 237 Motion to exclude any reference to the death of Zoe Liss; granting in part and denying in part Exel's 238 Motion to exclude untimely disclosed information; denying Exel's 239 Motion to exlude Liss's damages for Exel's alleged tortious interference with business relations; denying Exel's 240 Motion to exclude evidence of Exel's alleged underpayment of bonus compensation to Pla for fiscal years 2001 and 2002; denying Exel's 246 Motion regarding A.R.S. § 12-541(3) and Exel's claims under the Agreement which arose prior to 10/06/06; denying as moot Exel's 247 Motion to exclude evidence of Exel's qualification as a third-party beneficiary; denying Liss's 248 Motion to exclude portions of the McDonough Report addressing the 2001 and 2002 bonuses, and 2002 to 2004 expense reports; granting in part and denying in part Exel's 254 Motion to exclude evidence of profits Exel earned after 01/01/08 ("post-2004 profits") and evidence of Exels bonus accrual accounting method. Signed by Judge Stephen M McNamee on 02/29/08. (ESL) (NOTE: see attached pdf for full details)
April 30, 2008
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ORDER - IT IS HEREBY ORDERED that any party that anticipates asserting at trial that Mr. Liss was not a fiduciary of Exel shall so inform the Court by filing a Notice of such intention, in writing, by Friday, May 9, 2008. FURTHER ORDERED that such Notice shall include a brief summary (not to exceed three (3) pages) of their position as to why Mr. Liss's status as a fiduciary is disputed. Signed by Judge Stephen M McNamee on 4/29/08. (SAT)
June 2, 2008
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ORDER pursuant to 300 Joint Stipulation : The trial deposition of R.C. Matney may be taken in Phoenix, Arizona beginning on August 19, 2008 at 9:00 a.m., and continuing on August 20, 2008 at 9:00 a.m., as necessary. FURTHER ORDERED that the trial deposition of R.C. Matney may be videotaped. FURTHER ORDERED that this trial deposition of R.C. Matney may be used during the trial in this matter scheduled to commence on October 7, 2008. Signed by Judge Stephen M McNamee on 6/2/08. (KMG)