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07-8003 - Monet et al v. Northern Arizona Transfers & Storage, Inc.


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07-8003 - Monet et al v. Northern Arizona Transfers & Storage, Inc.
September 28, 2007
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ORDER pursuant to counsels' discussions with the Court today and the various deadlines set forth in their Rule 16 Joint Case Management Report, docket 12, filed on August 30, 2007, the Court will set the various deadlines for the judicial management of this case. Discovery due by 5/30/2008. Dispositive motions due by 6/30/2008. FURTHER ORDERED transferring this case to Phoenix for trial and all further matters. Counsel and any unrepresented party shall use the following number and initials on all pleadings and documents filed herein until further order of the Court: No. CV-07-8003-PHX-LOA. FURTHER ORDERED that New York attorney D. Maimon Kirschenbaum shall properly and timely register for ECF filing by Friday, October 5, 2007 or his admission pro hac vice may be stricken ab initio. Signed by Judge Lawrence O Anderson on 9/27/07. (KMG)
March 25, 2008
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ORDER granting Pla's informal request to dismiss this lawsuit and hereby dismissing this action with prejudice pursuant to Rule 41(a)(2), Fed.R.Civ.P. FURTHER ORDERED that Dft may file an Application for Award of Attorneys' Fees and Non-Taxable Expenses, consistent with this Court's March 10, 2008 Order, on or before Tuesday, April 8, 2008. Absent good cause shown, failure of Dft to file its Application by the aforesaid deadline shall be deemed to be a waiver of any such fees and expenses. Signed by Magistrate Judge Lawrence O Anderson on 3/25/08. (KMG)
April 9, 2008
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ORDER re 30 MOTION for Attorney Fees - that Plas and/or Plas' counsel, either jointly or separately, shall file their response(s) to the subject Motion by 5:00 p.m. on Wednesday, May 7, 2008 and Dft's Reply, if any, by 5:00 p.m. on Friday, May 23, 2008. Absent good cause shown, the failure to timely respond in writing with this briefing order may result in a summary adverse ruling on the Motion. Signed by Magistrate Judge Lawrence O Anderson on 4/9/08. (NOTE: Please see Order for full details)(KMG, )
May 12, 2008
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ORDER that absent a timely showing in writing of good cause by either side to the contrary, the Clerk is hereby directed to enter judgment for Dft on May 19, 2008, terminate this case and deny Dfts' Motion for an Award of Attorneys' Fees and Related Non-Taxable Expenses, docket # 30, as moot because of the parties' and counsel have settled the issue. Possible Dismissal due by 5/19/2008. Signed by Magistrate Judge Lawrence O Anderson on 5/9/08. (KMG)
May 30, 2008
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ORDER pursuant to the re 37 STIPULATION of Dismissal With Prejudice - That this matter may be dismissed with prejudice under the following conditions: 1. The Parties and their counsel have entered into a separate Settlement Agreement which has not been reviewed by this Court. 2. Dft has the right to reinstitute the lawsuit if the Plas and/or their counsel do not perform their obligations under the Settlement Agreement, and that this Court will include as one of the terms in the reinstituted lawsuit that the Settlement Agreement will be embodied in any future order of dismissal. 3. This Court will retain jurisdiction over the lawsuit and the terms of the Settlement Agreement pending full performance of the Settlement Agreement and notification that the settlement terms have been satisfied. The Court will retain jurisdiction as mandated in Kokkonen v. Guardian Life Insurance Company of America, 511 U.S. 375, 114 S.Ct. 1673(1994) and Ortolf v. Silver Bar Mines, Inc., 111 F.3d 85(1997). Signed by Magistrate Judge Lawrence O Anderson on 5/30/08. (KMG) Modified on 6/2/2008 (DMT, ). THE FOLLOWING INFORMATION WAS OMMITED FROM THE DOCKET TEXT, THAT THIS MATTER MAY BE DISMISSED WITH PREJUDICE UNDER THE FOLLOWING CONDITIONS: