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07-1511 - Venezia v. Bentley Motors, Inc.


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07-1511 - Venezia v. Bentley Motors, Inc.
November 14, 2007
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ORDER - Pursuant to 11 Motion for Defendant to Appear Telephonically at the Rule 16 Preliminary Pretrial Conference, IT IS HEREBY ORDERED that a representative of Bentley may appear telephonically for the Rule 16 Preliminary Pretrial Conference by calling Judge McNamee's chambers (602-322-7555) by 3:55 p.m. on December 5, 2007. Signed by Judge Stephen M McNamee on 11/13/07. (SAT)
January 11, 2008
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ORDER - Pursuant to the parties' 23 STIPULATION For Extension of Expert Disclosure Deadlines, IT IS HEREBY ORDERED that the expert disclosure deadlines are modified as follows: 1. The current deadline for disclosure of trial experts is changed from 1/18/2008, to 2/8/2008; 2. The current deadline for disclosure of rebuttal experts is changed from 2/22/2008, to 3/7/2008. As noted by in the parties' Stipulation, this extension does not affect the dates for completion of discovery, dispositive motions, and Final Pretrial Conference. Signed by Judge Stephen M McNamee on 1/11/08. (SAT)
February 1, 2008
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ORDER - IT IS HEREBY ORDERED denying Defendant's 25 Motion/Request for Settlement Conference. Signed by Judge Stephen M McNamee on 2/1/08.(SAT)
March 5, 2008
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McNamee on 3/5/08. (SAT)ORDER - IT IS HEREBY ORDERED granting the parties 38 STIPULATION FOR EXTENSION OF TIME FOR PLAINTIFF TO REPLY IN SUPPORT OF SUMMARY JUDGMENT. Pla's Reply in Support of Summary Judgment shall be due on April 2, 2008. Signed by Judge Stephen M
April 4, 2008
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ORDER - IT IS HEREBY ORDERED granting the 48 STIPULATED Motion to Allow Attendance of Defense Expert of Pla's Expert. Thomas LeClair, Dft Bentley Motors, Inc.'s ("Bentley") expert regarding the alleged defects, repairs and current condition of the subject vehicle may attend the deposition of Robert Stork, Pla's experts on the same issues. Signed by Judge Stephen M McNamee on 4/4/08. (SAT)
April 23, 2008
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ORDER - IT IS HEREBY ORDERED denying Dft's 56 Motion/Request for a Rule 16 Conference. Signed by Judge Stephen M McNamee on 4/23/08.(SAT)
May 7, 2008
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ORDER setting a telephonic discovery dispute hearing before the Honorable Stephen M. McNamee for Tuesday, May 13, 2008 at 10:00 a.m. Pla's counsel shall initiate a conference call and secure all participants on the line before telephoning Judge McNamee's chambers at (602) 322-7555, no later than 9:55 a.m., on May 13, 2008. Signed by Judge Stephen M McNamee on 5/6/08. (KMG)
May 13, 2008
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ORDER - IT IS HEREBY ORDERED granting Plaintiff's request for production of the Dealership Documents, as contained in Plaintiff's Request for Production # 4. Signed by Judge Stephen M McNamee on 5/13/08. (SAT)
May 23, 2008
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ORDER - IT IS ORDERED granting Defendant's 59 Motion to Supplement the Affidavit of George Blake. Dft shall supplement the Blake Affidavit by Friday, May 30, 2008. FURTHER ORDERED denying Pla's 65 Motion to Supplement Pla's Statement of Facts. If Pla wishes to withdraw his current motion for summary motion (Dkt. 28), he must do so by Friday, May 30, 2008. If Pla does not do so, the Court will consider his motion for summary judgment ripe for ruling. Signed by Judge Stephen M McNamee on 5/23/08. (SAT)
June 6, 2008
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ORDER - IT IS HEREBY ORDERED granting in part Pla's 83 Motion to Continue. The Final Pretrial Conference currently scheduled for 7/10/08 is continued to 8/4/2008 at 10:00 AM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Stephen M McNamee. Signed by Judge Stephen M McNamee on 6/6/08. (SAT)
July 8, 2008
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ORDER - IT IS HEREBY ORDERED granting Defendant's 89 Motion to Continue. The Final Pretrial Conference currently scheduled for 8/4/08 is continued to 9/22/2008 at 10:00 AM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Stephen M McNamee. Signed by Judge Stephen M McNamee on 7/7/08. (SAT)
July 24, 2008
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ORDER - IT IS HEREBY ORDERED denying Plaintiff's 28 Motion for Summary Judgment on Liability under the Arizona Motor Vehicle Warranties Act. FURTHER ORDERED denying Bentley's 36 Cross-Motion for Summary Judgment. FURTHER ORDERED denying Plaintiff's 80 Motion to Strike Supplemental Affidavit of George Blake. Signed by Judge Stephen M McNamee on 7/24/08. (SAT)
July 25, 2008
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ORDER RE: FINAL PRETRIAL CONFERENCE - A Final Pretrial Conference has been set in this case for Monday, September 22, 2008 at 4:00 p.m. IT IS ORDERED that, if this case shall be tried to a jury, the attorneys who will be responsible for the trial of the lawsuit shall prepare and sign a Proposed Pretrial Order and submit it to the Court no later than 4:00 p.m. on Monday, September 1, 2008. (see order for full details). Signed by Judge Stephen M McNamee on 7/25/08. (SAT)
October 9, 2008
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MEMORANDUM OF DECISION AND ORDER granting in part and denying in part 95 Motion in Limine. Pla may not use James Wooley as an expert witness but pla may use him as a fact witness only. FURTHER ORDERED denying 96 Motion in Limine; denying 97 Motion in Limine; denying 98 Motion in Limine; granting in part and denying in part 99 Motion in Limine. Pla may use the term "lemon law," but pla may not specifically refer to the Arnage as a "lemon." FURTHER ORDERED granting 100 Motion in Limine; denying 101 Motion in Limine. The Clerk will note that the docket report incorrectly lists this motion as another motion in limine to exclude evidence of other investigations or cases. FURTHER ORDERED denying 107 Motion in Limine; denying 108 Motion in Limine; denying 109 Motion in Limine; granting in part pla's 110 Motion in Limine to preclude mention of attorneys' fees and information concerning pla's counsel with regard to attorneys' fees. With regards to information concerning pla's counsel, the Court has taken this under advisement until the time of voir dire. FURTHER ORDERED denying 111 Motion in Limine; granting in part and denying in part 112 Motion in Limine. Tom LeClair may not testify regarding diminuation in value. FURTHER ORDERED granting 113 Motion in Limine. The parties will jointly submit as set of proposed jury instructions and objections to proposed exhibits by 10/31/08. A continuation of the final pretrial conference will take place on 11/18/08 at 10:00 a.m. A 5-day Jury Trial is set for 12/9/08 at 9:00 a.m. before Honorable Stephen M. McNamee. (See document for full details). Signed by Judge Stephen M McNamee on 10/9/2008.(LAD)
November 4, 2008
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ORDER denying 140 Defendant's Motion for Rule 104 Hearing. Signed by Judge Stephen M McNamee on 11/4/08.(TLJ)
December 5, 2008
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ORDER - This matter arises on the Court's review of the file. To date, the parties have not jointly filed a description of the case to be read to the jury. Accordingly, the description of the case will be read to the jury as indicated in this Order. Signed by Judge Stephen M McNamee on 12/4/08. (NOTE: See Order for full details)(KMG, )
December 18, 2008
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ORDER re 158 Minute Entry: that the Clerk of Court will not enter judgment until 10 days have passed. That the parties must file a notice of election by January 5, 2009. If the parties determine that the election is independent of judgment, then the parties need not take any action. Signed by Judge Stephen M McNamee on 12/17/08. (DMT, )