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08-2586 - American Contractors Indemnity Company v. Atamian et al


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08-2586 - American Contractors Indemnity Company v. Atamian et al
May 20, 2009
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MEMORANDUM AND ORDER sustaining in part and overruling in part 33 Plaintiff's Motion to Compel Production of Documents from Defendants Sherry Boeding and New Image Investments, LLC. Signed by Magistrate Judge Gerald L. Rushfelt on 5/20/2009. (byk)
October 7, 2009
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MEMORANDUM AND ORDER granting in part and denying in part 45 Plaintiff's Motion to Require Defendants Sherry Boeding and New Image Investments, LLC to Comply With a Discovery Order. Within twenty (20) days of the date of this Order, Defendants Sherry Boeding and New Image Investments, LLC shall produce documents responsive to Plaintiffs Request for Production of Documents Nos. 5, 7, 8, 9, 12, 13, and 14. It is further ordered that within twenty (20) days of the date of this Order, Plaintiff shall file a memorandum of requested expenses indicating the dollar amount of reasonable expenses it claims, along with affidavits and other detailed documentary support for the requested amount incurred in making this motion to compel. Defendants shall have twenty (20) days thereafter to file any response to Plaintiff's request for reasonable expenses. Signed by Magistrate Judge Gerald L. Rushfelt on 10/7/2009. (byk)
December 22, 2009
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MEMORANDUM AND ORDER awarding Plaintiff its reasonable expenses incurred in making its Motion to Require Defendants Sherry Boeding and New Image Investments, LLC to Comply With a Discovery Order. Within thirty (30) days of the date of this Order, Defendants Sherry Boeding and New Image Investments, LLC shall pay to Plaintiff and its attorneys the sum of $640 as reasonable expenses incurred in making the Motion, and shall file with the Court a receipt or affidavit to show that such payment has been made. Signed by Magistrate Judge Gerald L. Rushfelt on 12/22/2009.(byk)
December 22, 2009
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MEMORANDUM AND ORDER sustaining 54 Plaintiff's Motion for Order to Show Cause Why Defendants Should Not Be Held in Contempt of Court. Defendants Sherry Boeding and New Image Investments, LLC are hereby ordered to show cause in writing by 1/22/2010, why they should not be held in contempt for their failure to comply with the Court's discovery orders of May 20, 2009 and October 7, 2009 (docs. 36 and 50). Signed by Magistrate Judge Gerald L. Rushfelt on 12/22/2009. (byk)
March 8, 2010
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ORDER granting in part and denying in part 67 Motion to Stay Pending Resolution of Defendants' Motion for Summary Judgment. The request to stay the case is denied. The alternative request to continue the final pretrial conference is granted. The Final Pretrial Conference is continued to 5/4/2010 at 02:15 PM by Telephone before Magistrate Judge Gerald L. Rushfelt. The deadline for submission of the proposed Pretrial Order is extended to 4/27/2010. Signed by Magistrate Judge Gerald L. Rushfelt on 3/8/2010. (byk)
May 5, 2010
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MEMORANDUM AND ORDER denying 62 Defendant Sherry Boeding's Motion for Summary Judgment. Signed by District Judge John W. Lungstrum on 05/05/2010. (ses)
August 6, 2010
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REPORT AND RECOMMENDATION re 74 Plaintiff's Motion for Default Judgment and Sanctions. The Magistrate Judge recommends that Plaintiff's Motion for Default Judgment and Sanctions be GRANTED and default judgment entered against defendants Sherry Boeding and New Image Investments, LLC. Objections to R&R due by 8/20/2010. Signed by Magistrate Judge Gerald L. Rushfelt on 8/6/2010.(byk)
September 27, 2010
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#92) are overruled. Plaintiff is hereby awarded a default judgment against Ms. Boeding and New Image Investments, LLC on the claims asserted by plaintiff in the present pretrial order. The present trial setting for this case is vacated. Signed by District Judge John W. Lungstrum on 09/27/2010. (ses)MEMORANDUM AND ORDER granting 74 Plaintiff's Motion for Default Judgment against defendants Sherry Boeding and New Image Investments, LLC. Ms. Boedings objections to the Magistrate Judges Report and Recommendation of August 6, 2010 (Doc. #91,
May 23, 2011
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MEMORANDUM AND ORDER granting 115 Plaintiff's Motion for Summary Judgment against New Image Investments, LLC on its claim for a constructive trust and judgment is entered in favor of plaintiff on that claim; a constructive trust is imposed on the subject real property in the total amount of $148,112.77; and granting in part and denying in part 131 Plaintiff's Motion for Summary Judgment on its claim against defendants John Atamian and Sherry Boeding for attorney fees and costs.The motion is granted as against Mr. Atamian with respect to plaintiffs entitlement to fees. The Court will address the amount of that award at the conclusion of this litigation. With respect to Ms. Boeding, the motion is denied with respect to fees and expenses incurred after plaintiffs motion to amend. The Court will determine plaintiffs award against Ms. Boeding for fees expenses incurred previously at the conclusion of the litigation. Signed by District Judge John W. Lungstrum on 5/23/2011. (ses)
March 4, 2013
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MEMORANDUM AND ORDER granting in part 149 and 174 Supplemental Motion for Attorney Fees. Plaintiff is awarded fees and expenses in the amount of $144,786.65; defendants John Atamian and Sherry Boeding are jointly and severally liable for $91,415.62 of that amount, and Mr. Atamian is solely liable for the remaining $53,371.03. Signed by District Judge John W. Lungstrum on 3/4/2013. (ses)
July 13, 2016
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MEMORANDUM AND ORDER - Plaintiff's motion to renew judgment 196 is moot and plaintiff is directed to separately file the renewal affidavit in the record. Signed by District Judge John W. Lungstrum on 07/13/2016. (ses)