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14-2544 - (TEMP)(PS) Yeager, et al v. Parsons Behle & Latimer et al


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14-2544 - (TEMP)(PS) Yeager, et al v. Parsons Behle & Latimer et al
November 5, 2014
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RELATED CASE ORDER signed by Judge Kimberly J. Mueller on 11/4/14 ORDERING that this case is REASSIGNED from District Judge John A. Mendez to to Judge Kimberly J. Mueller and from Magistrate Judge Carolyn K. Delaney to Magistrate Judge Dale A. Drozd. The Caption on documents filed in the reassigned case shall be shown as 2:14-cv-2544 KJM DAD. It is further ORDERED that the Clerk make appropriate adjustment in the assignment of civil cases to compensate for this reassignment(Mena-Sanchez, L)
January 9, 2015
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ORDER signed by Magistrate Judge Dale A. Drozd on 1/8/2015 CONTINUING the Motion Hearing on 13 Motion to Remand to 3/20/2015 at 10:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd; NOTIFYING the parties that appearance at said motion hearing may be made telephonically if appropriate arrangements are made. (Michel, G)
July 21, 2015
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ORDER denying the Yeagers' 38 Motion for Recusal, signed by Judge Kimberly J. Mueller on 7/21/15. (Kastilahn, A)
August 4, 2015
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 8/3/15. IT IS HEREBY ORDERED that 23 37 39 Motions for Permission to File Electronically are DENIED WITHOUT PREJUDICE; IT IS ALSO HEREBY RECOMMENDED that 13 MOTION to REMAND be denied; and defendants be directed to file a response to plaintiffs' complaint within 14 days of any order adopting these findings and recommendations. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days after being served with these findings and recommendations. (Meuleman, A)
September 24, 2015
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ORDER signed by Judge Kimberly J. Mueller on 9/24/2015 ORDERING that the 43 findings and recommendations are ADOPTED IN FULL. Plaintiff's 13 motion to remand is DENIED. This case is STAYED pending the issuance of an order in the related case, No. 13-0007, on the question of General Yeager's competency to proceed without representation. CASE STAYED. (Zignago, K.)
January 25, 2016
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ORDER signed by District Judge Kimberly J. Mueller on 01/22/16 ORDERING that the court anticipates Mr. Houpt will prepare and file a report as described in the court's previous order within approximately 30 days. (See Order Dec. 28, 2015, No. 13-0007, ECF No. 227.) Upon the filing of his report, any party in Case No. 13-0007 may file objections within 30 days. A further status conference in both Case No. 13-0007 and Case No. 14-2544 will then be set approximately 30 days from the date objections are due. Mr. Houpt is APPOINTED guardian ad litem for General Yeager in Case No. 2:14-cv-02544-KJM-CKD, without objection. That case remains STAYED in its entirety pending further order of this court. The court anticipates Mr. Houpt will not assume an active role in Case No. 14-2544 until his report in Case No. 13-0007 is prepared and addressed as described in this order, although he may consider the posture of the 2014 case and documents filed therein in preparing his report. At the 01/21/16 status conference, Mr. Houpt requested copies of documents discussed in the evidentiary hearing held on 03/24/15. On review of the docket, these documents include both (i) documents admitted and marked as Exhibits A and B in that hearing, (see Exhibit List, ECF No. 167-1); and (ii) documents marked as Exhibits C, D and E, but not admitted at the hearing. By previous order, the court determined the document marked as Exhibit A was not protected by attorney-client privilege with respect to either Case No. 13-0007 or Case No. 14-2544. (See 170 03/31/15 Order). Upon review of the file, the court concludes the same is true of Exhibit B. Exhibits A and B are therefore filed concurrently with this order. As noted, the documents marked as Exhibits C, D and E, were not admitted at the evidentiary hearing, and it is unclear whether General Yeager or Victoria Yeager have waived any privilege that may attach to those documents. Clerk will is directed to forward by e-mail electronic copies of these three documents to General Yeager, Mr. Houpt, Mrs. Yeager, and counsel for Parsons Behle & Latimer upon the filing of this order (Attachments: # (1) Exhibits A and B) (Benson, A)
July 8, 2016
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ORDER signed by District Judge Kimberly J. Mueller on 7/7/16 ORDERING Victoria Yeager, who proceeds without separate representation in this action, moves for leave to file electronically under Local Rule 183(c). ECF No. 57. This case is currently stayed in its entirety. Order Jan. 25, 2016, at 2, ECF No. 54. Mrs. Yeager's request is therefore DENIED without prejudice to renewal after the stay is lifted. (Becknal, R)