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14-1666 - Platte River Insurance Company v. Premier Power Renewable Energy, Inc. et al


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14-1666 - Platte River Insurance Company v. Premier Power Renewable Energy, Inc. et al
September 11, 2014
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ORDER signed by Senior Judge William B. Shubb on 9/10/14. The default entered against defendants Dean Richard Marks and Sarilee Marks is set aside. Defendants' answer to the complaint due by 9/18/14. (Manzer, C)
November 6, 2014
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STATUS (PRETRIAL SCHEDULING) ORDER signed by Senior Judge William B. Shubb on 11/6/2014 ORDERING that the 11/10/2014 Status (Pretrial Scheduling) Conference is VACATED. Any initial disclosures that were not served by 11/3/2014 shall be served no later than 11/14/2014. Designation of Expert Witnesses are due by 2/2/2015, and any rebuttal disclosures are due by 2/13/2015. All discovery shall be completed by 2/27/2015. All motions, except motions for continuances, temporary restraining orders, or other emergency applications, shall be filed on or before 4/17/2015. The Final Pretrial Conference is SET for 6/22/2015 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. The Jury Trial is SET for 8/18/2015 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. The parties estimate that a jury trial will last five to seven days. A Settlement Conference will be set at the time of the Pretrial Conference. (Kastilahn, A)
January 16, 2015
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ORDER 30 for plaintiff's 18 Application for Right to attach Order and Writs of Attachment, or in the alternative, for Temporary Protective Order signed by Magistrate Judge Edmund F. Brennan on 1/16/2015. (Marciel, M)
July 1, 2015
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ORDER signed by Senior Judge William B. Shubb on 6/30/15. The request by counsel for Dean and Sarilee Marks to appear telephonically at the 7/6/15 status conference is GRANTED. (Manzer, C)
August 24, 2015
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RELATED CASE ORDER signed by Senior Judge William B. Shubb on 8/21/15 ORDERING that the actions denominated 2:14-cv-1666 WBS EFB and 2:15-cv-1747 JAM DAD are hereby deemed related and the case denominated 2:15-cv-1747 JAM DAD, is reassigned to Senior District Judge William B. Shubb and Magistrate Judge Edmund F. Brennan. Henceforth, the caption on documents filed in that case shall be shown as 2:15-cv-1747 WBS EFB. (Kastilahn, A) Modified on 8/24/2015 (Kastilahn, A).
September 17, 2015
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ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 9/17/15: It is hereby ORDERED that Platte River submit a proposed right to attach order and a proposed writ of attachment for issuance by the clerk, within fourteen days of the date of these findings and recommendations. It is hereby RECOMMENDED that Platte River's motion for a writ of attachment be granted in part.The Clerk be directed to issue a writ of attachment. F&R referred to Judge William B. Shubb. Objections to F&R due within fourteen days. (Kaminski, H)
October 26, 2015
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ORDER signed by Senior Judge William B. Shubb on 10/23/15: 45 Findings and Recommendations are ADOPTED. 18 Motion for a writ of attachment is granted in part. The Clerk is directed, after Platte River files a $10,000 undertaking, to issue a writ that would attach only to the property subject to attachment as set forth in the September 17, 2015 findings and recommendations, and, within that list, only such property as is necessary to secure an obligation in the amount of $1,094,706.93 ($1,011,121.60 for claims made on the Bonds and $83,585.33 for attorneys' fees). (Kaminski, H)
December 2, 2015
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ORDER signed by Senior Judge William B. Shubb on 12/2/2015 DENYING 50 Defendants Dean Richard Marks and Sarilee Marks' Request to appear by telephone at the 12/14/2015 motion hearing. (Kirksey Smith, K)
December 9, 2015
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ORDER signed by Senior Judge William B. Shubb on 12/9/2015 ORDERING that plaintiff's 48 motion for partial summary judgment on its first cause of action for breach of the indemnity contract is GRANTED. The hearing set for December 14 at 1:30 p.m. is hereby VACATED. (Zignago, K.)
January 12, 2016
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STIPULATION and ORDER signed by Senior Judge William B. Shubb on 1/11/2016 ORDERING the scheduling order 41 is modified as follows: the Final Pretrial Conference is reset for 3/14/2016 at 01:30 PM; and the Jury Trial is reset for 4/19/2016 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Becknal, R)
January 20, 2016
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 1/20/16 Recommending that Plaintiff's Application for Default Judgment 49 be granted; The court enter judgment against defendant Premier Power Renewable Energy, Inc., jointly and severely, in the amount of $1,334,701.14. These Findings and Recommendations are submitted to U.S. District Judge William B. Shubb. Objections to these F&R due within fourteen days. (Mena-Sanchez, L)
March 15, 2016
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STIPULATION and ORDER 62 for Dismissal of specific claims in 1 Complaint signed by Senior Judge William B. Shubb on 3/14/2016. Court is ordering DISMISSAL, without prejudice, of following claims for relief set forth in Platte River's 1 Complaint: Second Cause of Action (specific performance); Third Cause of Action (injunctive relief); and Fourth Cause of Action (quia timet). All parties to bear their own costs and attorneys' fees with respect to causes of action being dismissed. This case is CLOSED. (Marciel, M)
March 22, 2016
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JUDGMENT entered in favor of Platte River Insurance Company and against Premier Power Renewable Energy Inc., Dean Richards Marks and Sarilee Marks, jointly and severally, in the amount of $1,334,701.14 signed by Senior Judge William B. Shubb on 3/22/2016. (Zignago, K.)