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96-081 - In Re: Western United Nurse, et al v. Western Group Nurse, et al


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96-081 - In Re: Western United Nurse, et al v. Western Group Nurse, et al
April 30, 2007
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ORDER - IT IS ORDERED that the 51 Motion/Application for Substitution of Counsel for Debtor/Plaintiff Western Group Nurseries, Inc. is GRANTED. FURTHER ORDERED that Robert C. Hackett, Gregory W. Falls, and Daniel P. Beeks of Mohr Hackett be substituted as counsel of record for Debtor/Plaintiff in place of Anthony R. Lucia of Treon, Aguirre & Newman, P.A. Added attorney Robert Clifford Hackett and Gregory W Falls for Western United Nurseries Inc and Western Group Nurseries Inc. Attorney Anthony R Lucia terminated. Signed by Judge Stephen M McNamee on 4/30/07.(SAT)
June 18, 2007
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ORDER - Having received Plaintiff Western Group Nurseries, Inc's 52 Notice re Pending Matter Notification and reviewed the Court's records, the Court finds that an Order addressing Plaintiff/Debtor Western United Nurseries, Inc.'s ("WGN") and Defendant Charles Leemon's Objections to the Bankruptcy Court's Proposed Findings of Fact and Conclusions of Law remains pending. The Court appreciates WGN's notification and it will address the outstanding claims in due course. Signed by Judge Stephen M McNamee on 6/18/07. (SAT)
September 17, 2007
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MEMORANDUM OF DECISION AND ORDER - All of the objections to the bankruptcy court's findings, except Western's objection regarding the award of attorneys fees, are OVERRULED and IT IS HEREBY ORDERED adopting the the bankruptcy court's Proposed Findings of Fact and Conclusions of Law in Adversary Number 94-813 excepting only the bankruptcy court's findings of fact and conclusions of law regarding the award of attorneys' fees. This case is remanded back to the bankruptcy court for additional inquiry into whether Western is entitled to an award of attorneys' fees. The Clerk of Court is directed to forward a copy of this Order to Bankruptcy Judge George B. Neilsen, Jr. Signed by Judge Stephen M McNamee on 9/14/07. (SAT)
September 27, 2007
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JUDGMENT - IT IS HEREBY ORDERED that, per the Court's memorandum of decision andorder dated 9/14/07 (Dkt. 57), and pursuant to Rule 54(b) of the FRCvP, jgm is granted in favor of Pla. Pla shall recover from Dft Charles L. Leemon the sum of $130,000.00 plus interest at the rate of 9% compounded semi-annually from 12/4/86 until the date of jgm, less credits against such amounts as follows: (1) 12/4/86 - $11,764.71; (2) 10/7/93 - $17,352.94; and (3) 12/19/95 - $10,882.36. Post-judgment interest shall accrue on such amounts at the rate of 4.11%, as provided in 28 U.S.C. § 1961. FURTHER ORDERED that any award of attorneys' fees and costs shall be the subject of a separate jgm, after further proceedings, per the Court's order and as provided in Rule 58(c), of the FRCvP. Signed by Judge Stephen M McNamee on 9/26/07. (SAT)
October 15, 2007
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ORDER pursuant to Stinson Morrison Hecker LLP's 62 Motion to Withdraw as Counsel of Record, IT IS HEREBY ORDERED withdrawing Stinson Morrison Hecker LLP as counsel of record in this matter. FURTHER ORDERED withdrawing former Stinson Morrison Hecker LLP attorney P. John Owen. FURTHER ORDERED, pursuant to FRAP 4(a)(5), extending the time to November 26, 2007, for Defendants Dr. and Mrs. Mohammad Khalid, James D. Plummer, Gerald W. and Theresa H. Whitehead, Mr. and Mrs. Alan H. Chesler, Ms. Joyce Purpera, and the Estate of Charles Falk and Michael A. Falk, to file any Notice of Cross-Appeal with the Ninth Circuit. Signed by Judge Stephen M McNamee on 10/15/07. (SAT)
January 9, 2008
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ORDER - IT IS HEREBY ORDERED granting in part and denying in part Defendant Leemon's Rule 52(b) and 59(e) 65 Motion for Amendment of the Judgment and for a New Trial. An amended order of judgment shall be forthcoming. FURTHER ORDERED denying as moot Defendant Leemon's 70 Motion to Stay execution of the judgment. Signed by Judge Stephen M McNamee on 1/9/08. (SAT)
January 9, 2008
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9/08. (SAT)ORDER/AMENDED JUDGMENT - IT IS HEREBY ORDERED that, per the Court's Memorandum of Decision and Order dated 9/14/2007 (Dkt. 57) and Order dated 1/9/2008 (Dkt. 79), and pursuant to Rule 54(b) of the Federal Rules of Civil Procedure, judgment is granted in favor of Pla Western Group Nurseries, Inc. Pla shall recover from Dft Charles L. Leemon the sum of $130,000.00 plus interest at the rate of 9% compounded annually from 12/4/1986 until the date of jgm, less credits against such amounts as follows: (1) 12/4/1986 - $11,764.71; (2) 10/27/1993 - $17,352.94; and (3) 12/19/1995 - $10,882.36. Post-jgm interest shall accrue on such amounts at the rate of 4.11%, as provided in 28 U.S.C. § 1961. FURTHER ORDERED that any award of attys' fees and costs shall be the subject of a separate jgm, after further proceedings, per the Court's order and as provided in Rule 58(c), of the Federal Rules of Civil Procedure. Signed by Judge Stephen M McNamee on 1/
March 17, 2008
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ORDER/SECOND AMENDED JUDGMENT - IT IS HEREBY ORDERED granting Dft Leemon's81 Motion to Alter or Amend the Amended Judgment. FURTHER ORDERED that, per the Courts Memorandum of Decision and Order dated 9/14/07 (Dkt. 57) and Order dated 1/9/08 (Dkt. 79), and pursuant to Rule 54(b) of the Federal Rules of Civil Procedure, jgm is granted in favor of Pla Western Group Nurseries, Inc. Pla shall recover from Dft Charles L. Leemon the sum of $130,000.00 plus interest at the rate of 9% per annum from 12/4/86 until the date of jgm, less credits against such amounts as follows: (1) 12/4/86 - $11,764.71; (2) 10/27/93 - $17,352.94; and (3) 12/1995 - $10,882.36. Post-judgment interest shall accrue on such amounts at the rate of 4.11%, as provided in 28 U.S.C. § 1961. FURTHER ORDERED that any award of attys' fees and costs shall be the subject of a separate jgm, after further proceedings, per the Court's order and as provided in Rule 58(c), of the Federal Rules of Civil Procedure. FURTHER ORDERED denying as moot Leemon's 88 Motion for Leave to File sur-reply. Signed by Judge Stephen M McNamee on 3/17/08. (SAT)
March 18, 2008
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ORDER granting 89 Motion to Substitute Party. The Clerk of the Court shall substitute Patricia A. Leemon as Defendant, replacing the deceased Charles L. Leemon. Signed by Judge Stephen M McNamee on 3/18/08.(MAP)