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13-288 - (CONSENT) Sacramento E.D.M., Inc., et al. v. Hynes Aviation Industries, Inc., et al.


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13-288 - (CONSENT) Sacramento E.D.M., Inc., et al. v. Hynes Aviation Industries, Inc., et al.
April 9, 2013
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MEMORANDUM AND ORDER signed by Chief Judge Morrison C. England, Jr., on 4/8/13 ORDERING that Defendants' 6 Motion to Dismiss for Improper Venue or, in the Alternative, to Transfer is DENIED. (Kastilahn, A)
June 6, 2013
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STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 6/5/13, ORDERING hearing on 19 Motion to Dismiss pursuant to FRCP 12(b)(6) RESET for 6/27/2013 at 02:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr. Plaintiffs' opposition due by 6/13/2013. A reply, if any, is due not later than 7 days before the 6/27/13 hearing date. (Meuleman, A)
August 15, 2013
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ORDER signed by Chief Judge Morrison C. England, Jr on 8/14/13 GRANTING in part and DENYING in part 19 Motion to Dismiss. Plaintiffs are directed to file an amended complaint within 20 days. (Manzer, C)
October 3, 2013
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STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 10/2/13: Exhibits B and C to defendants Answer to First Amended Complaint shall be sealed and replacement Exhibits B and C shall be filed redacted to eliminate private information. (Kaminski, H)
July 24, 2014
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STIPULATION and ORDER 47 for extension of time signed by Chief Judge Morrison C. England, Jr on 7/22/2014. The deadline for plaintiff to depose Michael K. Hynes and defendant's person most knowledgeable will now be 8/29/2014. (Marciel, M)
July 31, 2014
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STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr., on 7/28/14 ORDERING that the deadline for the completion of the discovery is EXTENDED to 7/28/2014. (Kastilahn, A)
August 25, 2014
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STIPULATION and ORDER to seal exhibit signed by Chief Judge Morrison C. England, Jr on 8/22/14. Document sealed. Replacement document shall be redacted to eliminate private information. (Manzer, C)
September 4, 2014
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STIPULATION AND ORDER signed by Chief Judge Morrison C. England, Jr., on September 3, 2014 GRANTING the parties' request 71 to extend time to depose Defendant MICHAEL K. HYNES and Defendant HYNES AVIATION INDUSTRIES, INC. The deadline for Plaintiff to depose MICHAEL K. HYNES and Defendant HYNES AVIATION INDUSTRIES, INC. will now be Friday, October 17, 2014.(Rivas, A)
September 10, 2014
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me and location agreed upon by the parties. (Donati, J)ORDER signed by Magistrate Judge Kendall J. Newman on 9/10/2014 GRANTING 63 Motion for Protective Order. The depositions of Dr. Michael K. Hynes and Hynes Aviation Industries' person most knowledgeable shall be taken in Missouri at a date, ti
October 2, 2014
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MEMORANDUM and ORDER signed by Chief Judge Morrison C. England, Jr on 10/1/14: Defendants' Motion for Leave to File Counterclaim and to Amend the Pretrial Scheduling Order 52 is DENIED. To the extent permitted by the Federal Rules of Civil Procedure, Defendants may move for reconsideration of the Court's Order dismissing the Missouri case. (Kaminski, H)
October 15, 2014
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RELATED CASE ORDER relating this case with member case 2:13-cv-01674-JAM-CKD signed by Chief Judge Morrison C. England, Jr on 10/14/14. (Kaminski, H)
May 27, 2015
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ORDER signed by Chief Judge Morrison C. England, Jr., on 5/27/15 ORDERING that the Clerk reassign this case to the Honorable Kendall J. Newman. The parties shall take note that all documents hereafter filed with the Clerk shall bear case number 2:13-cv-00288-KJN. All currently scheduled dates presently set before Judge England are hereby VACATED. (Kastilahn, A)
May 28, 2015
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STIPULATION and ORDER 85 allowing defendants to file a Counterclaim signed by Magistrate Judge Kendall J. Newman on 5/28/2015. Court hereby ORDERS defendants Hynes Aviation Industries, Inc. and Michael K. Hynes to file a Counterclaim in consolidated cases within 3 days of filing of this Order by Court, naming Sacramento E.D.M., Inc. and Daniel Folk as counter-defendants, in place and stead of existing First Amended Complaint, consolidated from Missouri action. (Marciel, M)
August 20, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 8/19/2015 ORDERING Status Conference set for 9/24/2015 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman; by no later than 7 days prior to the status conference the parties shall file a written joint status report.(Reader, L)
September 25, 2015
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STATUS (PRETRIAL SCHEDULING) ORDER signed by Magistrate Judge Kendall J. Newman on 9/25/15 ORDERING that all law and motion, except as to discovery-related matters, shall be completed by 6/2/16. Motions to compel non-expert discovery must be heard not later than 4/7/16. Non-expert discovery shall be completed by 4/21/16. Initial expert disclosures shall be made on or before 3/4/16, and rebuttal expert disclosures shall be made on or before 4/1/16. The Final Pretrial Conference is SET for 6/16/2016 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. Jury Trial is SET for 7/11/2016 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (Kastilahn, A)
June 13, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 6/13/2016 ORDERING that the court VACATES the 6/16/2016 Final Pretrial Conference and SCHEDULES a Status Conference for that same date. The parties shall submit a joint status report by no later than 6/14/2016. (Zignago, K.)
June 17, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 6/17/16 ORDERING that the Final Pretrial Conference is SET for 8/11/2016 at 10:00 AM. The parties shall submit their pretrial statements by no later than 7/28/2016.(Mena-Sanchez, L)
June 17, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 6/17/16 ORDERING that Within fourteen (14) days of this order, defendants' counsel, Thomas Barth, shall pay the Clerk of Court $100.00 in sanctions based on his failure to timely appear at the 6/16/16 Status Conference. Defendants' counsel shall NOT directly or indirectly attempt to recover such sanctions from his clients. Failure to timely comply with this order will result in increased sanctions.(Mena-Sanchez, L)
September 28, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 9/28/16. The final day of evidence presentation shall commence on Monday, 11/14/16, at 9:00 a.m. Each party shall receive three hours total to present their remaining evidence or cross examination as they see fit, within the bounds of the Federal Rules of Evidence.(Mena-Sanchez, L)
November 15, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 11/15/16. Within 30 days from the date of this order, the parties shall each file their own separate proposed findings of fact and conclusions of law fully responding to all of the areas of analysis and questions set forth in this order, and a special verdict form containing all of the information described above. Within 30 days thereafter, each party may file a response to the opposing parties' submission. (Mena-Sanchez, L)
April 18, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 4/18/17 ORDERING that Sac EDM is entitled to $413,151.00 in restitution against HAI. Sac EDM is entitled to restitution in the amount of $162,000.00 from Hynes Children, and $89,000.00 from HAI. The court declares that the entire balance of the US Banc judgment was fully satisfied as to both plaintiffs in August of 2005 when Dan and Geraldine Folk paid $52,451.51 in full satisfaction of their payment obligations under the parties' agreement that was in place prior to Hynes' fraudulent breach of his fiduciary duty. HAI is entitled to the following relief against Sac EDM: Damages amounting to $808,746.36 based on Sac EDMs breach of contract with regard to the operating loans HAI had extended to it, Damages amounting to $70,930.00 based on Sac EDMs default under equipment leases 10 through 20, Damages amounting to $184,750.00 based on Sac EDMs breach of its contract with HAI regarding the payment of the premiums for the life insurance policies taken out on the lives of Dan Folk and Hynes. The parties are to bear their own attorneys fees and costs. The Clerk is directed to enter final judgment. CASE CLOSED (Kastilahn, A)