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06-044 - Langan v. Town of Cave Creek


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06-044 - Langan v. Town of Cave Creek
June 22, 2006
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ORDER granting in part and denying in part Dft's 7 Motion to Dismiss Case/Complaint pursuant to Fed.R.Civ.P. 12(b)(6) for failure to state a claim upon which relief can be granted. Count One of pla's Complaint properly states a procedural due process claim against dft Town of Cave Creek. Counts Two and Three of Pla's Complaint are Dismissed Without Prejudice. Signed by Judge Stephen M McNamee on 6/22/06. (KMG, )
November 16, 2006
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ORDER that Pla and Dft shall attend a settlement conference with Magistrate Judge Lawrence O. Anderson, at the convenience of Magistrate Judge Anderson, between November 15, 2006 and January 1, 2007. Counsel for both partiesshall coordinate a mutually agreeable date and time for the settlement conference with Magistrate Judge Anderson's chambers. FURTHER ORDERED that, if the case cannot be settled at the settlement conference, the Court will immediately issue an order requiring the parties to file a stipulation of dismissal within thirty days. FURTHER ORDERED that, within ten days from the date of this Order, counsel for Pla shall submit an affidavit explaining why Pla failed to appear at the Rule 16 Preliminary Pretrial Conference. Signed by Judge Stephen M McNamee on 11/16/06. (KMG, )
November 16, 2006
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SETTLEMENT CONFERENCE ORDER All parties and their counsel who are responsible for trial of this case SHALL physically appear before the undersigned settlement judge, as follows: Settlement Conference is set for 12/21/2006 02:00 PM before Magistrate Judge Lawrence O Anderson. Signed by Judge Lawrence O Anderson on 11/16/06. (KMG)
November 17, 2006
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ORDER granting 22 Motion - the Town Council of the Town of Cave Creek is excused from attendance at the Settlement Conference set for December 21, 2006.FURTHER ORDERED that the Town of Cave Creek's Town Manager, the Town Attorney, and a member of the Arizona Municipal Risk Retention Pool shall physically appear at the subject Settlement Conference. Signed by Judge Lawrence O Anderson on 11/17/06. (KMG)
November 27, 2006
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ORDER granting 24 Motion for Clarification of the Order dated November 16, 2006, FURTHER ORDERED that the first full paragraph appearing on page 2, lines4 through 6, of this Court's Order dated November 16, 2006 20 is hereby amended to provide: "IT IS FURTHER ORDERED that, if the case is settled at the settlement conference, the Court will immediately issue an order requiring the parties to file a stipulation of dismissal within thirty days." With the exception of this amendment, the Court's Order dated November 16, 2006 shall remain unchanged. Signed by Judge Stephen M McNamee on 11/27/06. (KMG)
December 22, 2006
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ORDER that dft Town of Cave Creek shall file it response to 16 MOTION for Summary Judgment by Jim Langan no later than Monday, 1/22/07. Signed by Judge Stephen M McNamee on 12/22/2006. (LAD, )
December 22, 2006
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RULE 16 SCHEDULING ORDER: Discovery due by 5/11/2007.,Dispositive motions due by 6/15/2007., Final Pretrial Conference set for 8/9/2007 04:00 PM before Judge Stephen M McNamee. Signed by Judge Stephen M McNamee on 12/22/2006. (LAD, ) Modified on 12/28/2006 (LAD). MODIFIED TO CORRECT TIME FROM 4:00 A.M. to 4:00 P.M.
January 24, 2007
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ORDER granting the parties joint 33 Motion/Stipulation for Extension of Time; FURTHER ORDERED that dft Town of Cae Creek shall file tis response to pla's motion for summary judgment no later than 1/25/07. Signed by Judge Stephen M McNamee on 1/23/2007.(LAD, )
March 2, 2007
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ORDER granting stipulation 39; FURTHER ORDERED vacating the deadlines set forth in the Rule 16 Scheduling Order issued on 12/22/06 30; FURTHER ORDERED that disclosure of pla's Federal Rules of Evidence 701, 702, 703 and 705 witnesses are due 30 days after this Court's decision on both pending motions for summary judgment; FURTHER ORDERED that dft's Federal Rules of Evidence 701, 702, 703 and 705 witnesses are due 60 days after this Court's decision on both pending motions for summary judgment; FURTHER ORDERED that disclosure of any rebuttal expert witnesses are due 90 days after this Court's decision on both pending motions for summary judgment; FURTHER ORDERED that all dispositive motions shall be filed no later than 140 days after this Court's decision on both pending motions for summary judgment; FURTHER ORDERED that, if no dispositive motions are pending after the dispositive motions deadline has expired, pla's counsel shall notify the Court that the parties are ready for a final pretrial conference; FURTHER ORDERED that, except with respect to the deadlines set forth therein, all of the provisions in the Court's Rule 16 Scheduling Order 30 remain binding and valid on both parties. Signed by Judge Stephen M McNamee on 3/1/2007. (LAD, )
April 27, 2007
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MEMORANDUM OF DECISION AND ORDER granting pla's 16 Motion for Summary Judgment; denying dft's 35 Cross Motion for Summary Judgment; FURTHER ORDERED that the Court will set this matter for trial to determine the issue of damages. Signed by Judge Stephen M McNamee on 4/26/2007.(LAD)
May 18, 2007
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ORDER denying as moot the parties' joint 50 Motion to Continue the Final Pretrial Conference. Signed by Judge Stephen M McNamee on 5/17/2007.(LAD)
June 20, 2007
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ORDER granting dft Town of Cave Creek's 52 Motion for Extension of Time; IT IS HEREBY ORDERED extending the disclosure and discovery deadlines in this matter as follows: 1. Disclosure of Plaintiffs expert witnesses to provide evidence pursuant to Rules 701, 702, 703 and 705 of the Federal Rules of Civil Procedure shall be due Friday, July 27, 2007. 2. Disclosure of Defendants expert witnesses to provide evidence pursuant to Rules 701, 702, 703 and 705 of the Federal Rules of Civil Procedure shall be due Friday, August 24, 2007. 3. Disclosure of any rebuttal expert witnesses or opinions shall be due Friday, September 21, 2007. Discovery reset to 10/19/2007; Dispositive motions reset to 11/16/2007. IT IS FURTHER ORDERED that if no dispositive motions are pending after the dispositive motion deadline has expired, Plaintiffs counsel shall notify the court that the parties are ready for a final pretrial conference. Signed by Judge Stephen M McNamee on 6/20/2007.(LAD)
September 18, 2007
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ORDER re 64 REQUEST, that this case is referred to Magistrate Judge Lawrence Anderson for a second settlement conference. That the parties shall file a status report within ten (10) days of participating in the settlement conference. Signed by Judge Stephen M McNamee on 9/18/07. (DMT, )
January 4, 2008
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ORDER resetting second Settlement Conference for 2/14/2008 01:30 PM before Magistrate Judge Lawrence O Anderson. Affirming all orders contained within the undersigneds Settlement Conference Order issued November 8, 2007 72, except for the date and time of said conference.. Signed by Magistrate Judge Lawrence O Anderson on 1/3/08. (DMT, )
March 10, 2008
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ORDER OF DISMISSAL WITH PREJUDICE, each party to bear its own costs and attorneys' fees incurred in connection with this case. ORDER that any pending motions and hearings in this matter are hereby vacated re: granting Stipulation for Dismissal 84. Signed by Judge Stephen M McNamee on 3/10/08. (TLJ)