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06-1207 - Benjamin v. Coker et al


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06-1207 - Benjamin v. Coker et al
November 3, 2006
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ORDER granting in part and denying in part 8 Motion to Dismiss Case. GRANTED WITHOUT PREJUDICE: Count Two 1 of Plaintiff's Causes of Action against Dft Coker, Negligent Violation of FCRA, and Plaintiff's claims brought under A.R.S.#44-1696 1 are dismissed without prejudice and with leave to amend. If Pla chooses to amend any of the foregoing Counts or paragraphs, he must file an Amended Complaint no later than 11/17/06. DENIED: Paragraphs 28-55, para. 73, para. 66(a0 and para. 74 properly state claims where Pla may be entitled to relief and therefore Court will DENY Dft's Motion for Judgment on the Pleadings as to those claims. Signed by Judge Stephen M McNamee on 11/02/06. (DNH, )
November 21, 2006
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ORDER granting 19 Plaintiff's Motion for Discovery. Signed by Judge Stephen M McNamee on 11/17/06. (TLJ)
January 18, 2007
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ORDER that Pla shall have through 02/02/07 to file a response to Dft's Motion to Reconsider. IT IS FURTHER ORDERED that the Scheduling Conference set for 01/24/07 is vacated. The Court will reschedule the Scheduling Conference after ruling on the motion for reconsideration. IT IS FURTHER ORDERED denying without prejudice 17 Motion for Summary Judgment. Dfts may re-file a motion for summary judgment after the Court rules on the motion for reconsideration. Signed by Judge Stephen M McNamee on 01/17/07.(DNH, )
February 6, 2007
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ORDER granting 28 Motion for Reconsideration re: Statute of Limitations re 8 MOTION to Dismiss Case. IT IS FURTHER ORDERED that the claims raised in Para. 28 thru 55 of Plaintiff's Complaint are DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED that a Rule 16 Scheduling Conference will be held on 03/12/07 at 10:00 a.m. The parties are directed to consult the Court's 11/15/06 Order (Dkt 26) to review the requirements for this Conference. Signed by Judge Stephen M McNamee on 02/06/07.(DNH)
April 26, 2007
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SCHEDULING ORDER: Discovery due by 11/16/2007. Dispositive motions due by 1/18/2008. Final Pretrial Conference set for 2/6/2008 04:00 PM before Judge Stephen M McNamee. See Order for further deadlines. Signed by Judge Stephen M McNamee on 04/25/07. (DNH)
February 22, 2008
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ORDER granting 58 Motion for Extension of Time to File Response to Pla's Motion for Summary Judgment. Dft Coker shall have until and including 02/25/08 to file his response. Signed by Judge Stephen M McNamee on 02/22/08.(DNH)
March 13, 2008
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ORDER that Defendants John Doe Hope, Tim Coker and Sandra J. Hope shall have until Friday, 03/21/08 at 5:00 p.m. to file a motion for summary judgment. Plaintiff's documents filed in response to Dfts Hope Family Trust, Hope Family Revocable Trust, and Mate Check LLC's motion for summary judgment (Dkts. 59-64) shall be deemed timely filed. Signed by Judge Stephen M McNamee on 03/12/08. (DNH)
March 13, 2008
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ORDER granting 53 Motion to (Seal Document) to file Exhibit A to his Statement of Facts FURTHER ORDERED directing the Clerk of the Court to file under seal Plaintiffs lodged Exhibit A 54. Signed by Judge Stephen M McNamee on 3/12/08.(MAP)
May 22, 2008
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MEMORANDUM OF DECISION AND ORDER granting 70 Motion to Strike 20 Affidavit; denying 55 Motion for Summary Judgment as to Liability of Dft Tim D. Coker. Signed by Judge Stephen M McNamee on 05/22/08.(DNH )
May 22, 2008
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ORDER granting 100 Motion for Extension of Time. Defendants shall have until and including Monday, June 30, 2008 to file their reply. Signed by Judge Stephen M McNamee on 05/22/08.(DNH)
May 23, 2008
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ORDER denying 59 and 62 Motions to Strike. Further ordered granting 48 Motion for Summary Judgment. The Clerk is directed to enter judgment accordingly and terminate only Defendants Matecheck, Hope Family Trust, and Hope Family Revocable Trust. This matter will proceed as against Defendants Tim D. Coker and Sandra Hope. Signed by Judge Stephen M McNamee on 05/22/08.(DNH)
May 23, 2008
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ORDER granting 91 Motion to file Exhibits 3, 24, 30, 31, 32, and 33 to his Response to Defendants Motion for Summary Judgment under seal FURTHER ORDERED directing the Clerk of the Court to file under seal Plaintiffs lodged Exhibits 3, 24, 30, 31, 32, and 33 (Dkts. 92-97). Signed by Judge Stephen M McNamee on 5/22/08.(MAP)
June 3, 2008
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AMENDED MEMORANDUM OF DECISION AND ORDER re 101 MEMORANDUM "denying Plantiff's 59, 62 Motions to Strike the Hope Affidavit; granting Defendants' 48 Motion for Summary Judgment; there being no just reason for delay, the Clerk is directed to enter final judgment, pursuant to Rule 54(b), as to Defendants Matecheck, Hope Family Trust, and Hope Family Revocable Trust; this matter will proceed as against Defendants Time D Coker and Sandra Hope.". Signed by Judge Stephen M McNamee on 06/02/08. (DNH) Modified on 6/17/2008 THIS ENTRY HAS BEEN MODIFIED TO REFLECT CORRECT TEXT OF ORDER. (REW, ).
June 19, 2008
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ORDER denying Dft's 112 Motion for Extension of Time to Submit Fee Application Pursuant to Rule 54(d) (Dkt. 122), with leave to refile. Signed by Judge Stephen M McNamee on 06/19/08.(DNH)
October 9, 2008
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ORDER pursuant to 115 Stipulation of Dismissal: ORDERED that the above- captioned action is dismissed with prejudice, each party to bear its own costs and fees, including attorneys' fees. Signed by Judge Stephen M McNamee on 10/9/2008. (LAD)