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07-353 - In Re: ClassicStar Mare Lease Litigation MDL No. 1877


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07-353 - In Re: ClassicStar Mare Lease Litigation MDL No. 1877
October 23, 2007
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AMENDED PRACTICE & PROCEDURE ORDER - (1) para 14 of the 2 Interim Practice & Procedure Order is AMENDED to reflect that the court will be guided by the Manual for Complex Litigation, Fourth approved by the Judicial Conf of US & that counsel are directed to familiarize themselves w/that publication; (2) clerk is directed to serve this order to COR & counsel in any addt'l cases transferred hereto. Signed by Judge Joseph M. Hood. (KJR)cc: COR,MDL Modified by adding MDL to cc: on 10/25/2007 (Reynolds, Kolleen).
October 31, 2007
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ORDER re: Lex 07-cv-281 - (1) that this matter is consolidated for all pretrial purposes w/those actions transferred to this court by the MDL on 10/19/07, as well as Lex No. 06-243; (2) clerk shall also file a copy of this order in the master file. Signed by Judge Joseph M. Hood. (KJR)cc: COR,MDL Modified by adding "re: Lex 07-cv-281" to text on 11/6/2007 (Reynolds, Kolleen).
July 23, 2008
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MEMORANDUM OPINION & ORDER - DENYING Private Consulting Group, Inc.'s 327 MOTION to Stay pending arbitrations & prohibit Raifman from litigating pending state court proceedings. Signed by Judge Joseph M. Hood on 7/23/08.(KJR)cc: COR
August 1, 2008
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MEMORANDUM OPINION & ORDER, (1) Dft Gastar Exploration Limited's 41 MOTION to Dismiss is GRANTED; (2) claims pending against Gastar Exploration are DISMISSED WITHOUT PREJUDICE; (3) relief requested in parties Proposed Agreed Order to extend certain dates is DENIED AS MOOT. Signed by Judge Joseph M. Hood on 8/1/2008.(STB)cc: COR,MDL Modified to add MDL on cc on 8/4/2008 (STB).
October 28, 2008
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MEMORANDUM OPINION & ORDER: (1) Request by Plts Goyak to strike certain proposed orders is DENIED: (2) Plt West Hills' 484 Mtn for Status Conference is DENIED AS MOOT; (3) Geostar's 492 Mtn for Protective Order is GRANTED IN PART and DENIED AS MOOT IN PART; (4) depos of Dfts Ferguson, Parrott & Robinson not scheduled prior to 12/1/2008; (5) Dfts Ferguson, Parrott & Robinson not required to respond to interrogatories or requests for admission prior to 12/1/2008, but shall serve responses to all timely served discovery requests by 12/1/2008; (6) that all other permitted discovery shall proceed unless otherwise made subject of an order of this Court. Signed by Judge Joseph M. Hood on 10/28/2008.(STB)cc: COR,MDL
December 29, 2008
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MEMORANDUM OPINION & ORDER: (1) Clerk shall file Mtn for Reconsideration in 08-17, 08-18, 08-60, 08-74, 08-79, 08-104, 08-373, 08-418, 08-487 & 08-496; (2) 718 MOTION for Reconsideration re 689 Order is DENIED. Signed by Judge Joseph M. Hood on 12/23/2008.(STB)cc: COR,MDL
January 22, 2009
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rsuant to Proposed Complaint for Interpleader is DENIED AS MOOT. Signed by Judge Joseph M. Hood on 1/22/2009.(STB)cc: COR,MDL Modified to remove extra text on 1/23/2009 (STB).MEMORANDUM OPINION & ORDER, (1) 553 MOTION to Intervene by Travelers Casualty and Surety Company of America and Complaint for Interpleader is DENIED; (2) 557 MOTION to Deposit Funds by Travelers Casualty and Surety Company of America pu
February 2, 2009
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MEMORANDUM OPINION & ORDER: (1) 642 MOTION for Protective Order by GeoStar Corporation is DENIED; (2) West Hills Plts shall bear reasonable cost to GeoStar of copying & delivering data to counsel for West Hills; (3) By 2/12/2009, GeoStar shall provide West Hills good-faith estimate of reasonable cost of copying & delivering data; (4) By 2/17/2009, West Hills shall notify GeoStar whether it wishes GeoStar to proceed to produce data based on estimate; (5) GeoStar shall PRODUCE requested financial data in native format to West Hills by 3/4/2009; (6) GeoStar shall be relieved of obligation to timely produce data only if West Hills advise GeoStar they do not wish to proceed w/ production as set forth above. Signed by Magistrate Judge James B Todd on 2/2/2009.(STB)cc: COR,MDL
May 12, 2009
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MEMORANDUM OPINION & ORDER: 1) 1014 in 07-353 and 198 in 08-53 Motion for Joinder is GRANTED; 2) 1015 Duplicate Motion for Joinder is DENIED AS MOOT; 3) Dft GeoStar Corporation's 1005 in 07-353 Motion for Protective Order is GRANTED IN PART and DENIED IN PART; 4) GeoStar shall have no obligations to provide a designee informed of GeoStar's current financial condition and the current location of its assets; 5) This order does not relieve GeoStar of any other discovery obligations. Signed by Judge Joseph M. Hood on 5/12/2009.Associated Cases: 5:07-cv-00353-JMH et al.(SCD)cc: COR,MDL
May 13, 2009
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MEMORANDUM OPINION & ORDER: 1) Clerk shall ENTER A DEFAULT as to Dft Private Consulting Group, Inc.; 2) 80 in 07-353 and 27 in 07-349 is DENIED AS MOOT; 3) Clerk shall send a copy of this Memorandum Opinion and Order to Bob Keys, Private Consulting Group, Inc. Signed by Judge Joseph M. Hood on 5/13/2009.Associated Cases: 5:07-cv-00353-JMH, 5:07-cv-00349-JMH(SCD)cc: COR,MDL, Bob Keyes
May 13, 2009
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MEMORANDUM OPINION & ORDER: 1) Clerk shall ENTER A DEFAULT as to Dft Private Consulting Group, Inc.; 2) 207 and 424 in 07-353 and 12 and 45 in 08-53 are DENIED AS MOOT; 3) Clerk shall send a copy of this Memorandum Opinion and Order to Bob Keys. Signed by Judge Joseph M. Hood on 5/13/2009.Associated Cases: 5:07-cv-00353-JMH, 5:08-cv-00053-JMH(SCD)cc: COR,MDL,Bob Keys
May 13, 2009
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MEMORANDUM OPINION & ORDER: 1) Clerk shall ENTER A DEFAULT as to Dft Private Consulting Group, Inc,; 2) 379 in 07-353 and 51 in 08-109 is DENIED AS MOOT; 3) Clerk shall send a copy of this Memorandum Opinion and Order to Bob Keys. Signed by Judge Joseph M. Hood on 5/13/2009.Associated Cases: 5:07-cv-00353-JMH, 5:08-cv-00109-JMH(SCD)cc: COR,MDL,Bob Keys
May 13, 2009
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MEMORANDUM OPINION & ORDER: 1) Clerk shall ENTER A DEFAULT as to Dft Privating Consulting Group, Inc.; 2) 861 in 07-353 and 62 in 08-496 Motion to Compel Mediation/Arbitration is DENIED AS MOOT; 3) Clerk shall send a copy of this Memorandum Opinion and Order to Bob Keys. Signed by Judge Joseph M. Hood on 5/13/2009.Associated Cases: 5:07-cv-00353-JMH, 5:08-cv-00496-JMH(SCD)cc: COR,MDL,Bob Keys
August 10, 2010
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MEMORANDUM OPINION & ORDER, (366 in 5:07-cv-00353-JMH-REW) MOTION for Partial Summary Judgment by J & L Canterbury Farms, LLC as to Count VI filed by J & L Canterbury Farms, LLC, (77 in 5:07-cv-00349-JMH-REW) MOTION for Partial Summary Judgment by J & L Canterbury Farms, LLC As to Count VI is GRANTED. Signed by Judge Joseph M. Hood on 8/10/2010.Associated Cases: 5:07-cv-00353-JMH-REW, 5:07-cv-00349-JMH-REW(STB)cc: COR,MDL
August 15, 2011
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MEMORANDUM OPINION AND ORDER: (1) Dfts' (203) Motion to Dismiss; (204) Motion to Dismiss in case 5:06-cv-00243-JMH -REW; (97) Motion to Dismiss; (106) Motion to Dismiss in case 5:07-cv-353 DENIED AS MOOT; (2) Plummer Dfts' (313) Motion to Dismiss in case 5:06-cv-243; (816) Motion to Dismiss in case 5:07-cv-353 DENIED; (3) GeoStar Dfts' (319) Motion to Dismiss in case 5:06-cv-243; (843) Motion to Dismiss in case 5:07-cv-00353-JMH -REW GRANTED IN PART and DENIED IN PART; (4) Plts' claims which seek to impose liability on Dfts Parrott and Robinson for negligent misrepresentation shall be DISMISSED. Signed by Judge Joseph M. Hood on 8/15/2011. Associated Cases: 5:07-cv-00353-JMH -REW, 5:06-cv-00243-JMH -REW(STB)cc: COR
September 30, 2011
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MEMORANDUM OPINION & ORDER: (1) Plts' Mtn to Substitute Certain Exhibits inSupport of their Summary Judgment Pleadings (1925 in 5:07-cv-353; 565 in 5:06-cv-243) GRANTED; Clerk shall SUBSTITUTE tendered exhibits as necessary; (2) Dfts' Motion for Leave to File Excess Pages (1802 in 5:07-cv-353; 515 in 5:06-cv-243) GRANTED; Clerk shall FILE tendered document in record; (3) Motions of Plts for Leave to File Excess Pages (1869, 1870, 1896 in 5:07-cv-353; 535, 536, 555 in 5:06-cv-243) GRANTED; Clerk shall FILE tendered docs in record; (4) Dfts Motion for Briefing (2270 in 5:07-cv-353; 744 in 5:06-cv-243) DENIED; (5) Mtn for Summary Judgment of Plts (1698 in 5:07-cv-353; 482 in 5:06-cv-243) DENIED AS MOOT as to dft James D. Lyon in his capacity as Trustee; (6) Mtn for Summary Judgment of Plts (1698 in 5:07-cv-353; 482 in 5:06-cv-243) is GRANTED. Signed by Judge Joseph M. Hood on 9/30/2011.Associated Cases: 5:07-cv-00353-JMH -REW, 5:06-cv-00243-JMH -REW(STB)cc: COR
November 8, 2011
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MEMORANDUM OPINION & ORDER: (1) Plts' (761 in 5:06-cv-00243-JMH -REW, 2324 in 5:07-cv-00353-JMH -REW) MOTION for Order Plaintiffs' Motion for Relief Pursuant to Fed.R.Civ.P. 60(a) GRANTED; (2) JGM entered 10/11/2011 is STRICKEN AND HELD FOR NAUGHT; (3) separate order of jgm shall issue. Signed by Judge Joseph M. Hood on 11/8/2011.Associated Cases: 5:07-cv-00353-JMH -REW, 5:06-cv-00243-JMH -REW(STB)cc: COR
March 30, 2012
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MEMORANDUM OPINION & ORDER, Defendants' (769 in 5:06-cv-00243-JMH-REW, 2353 in 5:07-cv-00353-JMH-REW) MOTION to Alter Judgment by John Parrot,(2352 in 5:07-cv-00353-JMH-REW, 768 in 5:06-cv-00243-JMH-REW) MOTION to Alter Judgment by Tony Ferguson, GeoStar Corporation, Thom Robinson, GRANTED IN PART AND DENIED IN PART; (2) Plaintiffs' (772 in 5:06-cv-00243-JMH-REW, 2357 in 5:07-cv-00353-JMH-REW) MOTION for Judgment by Arbor Farms, LLC, Jaswinder Grover, Monica Grover, MacDonald Stables LLC, Nelson Breeders, LLC, West Hills Farms, LLC Entry of Rule 54(B) Certification GRANTED; (3) Court's earlier statement in Amended JGM of 11/8/2011 that jgm in favor of plts on claims was final and appealable is STRICKEN AND HELD FOR NAUGHT; Order of JGM to be entered separately; (4) Clerk shall return to active docket w/ respect to cross claims of Dfts; (5) w/in 10 days, parties to cross claims shall file briefs re (a) intent to pursue cross claims; (b) if cross claims now moot; (c) whether cross claims ready for JURY TRIAL on 6/5/2012 and length of trial. Signed by Judge Joseph M. Hood on 3/30/2012.Associated Cases: 5:07-cv-00353-JMH-REW, 5:06-cv-00243-JMH-REW(STB)cc: COR,D,JC
April 4, 2012
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MEMORANDUM OPINION & ORDER: It is ordered that the (1065 in 5:07-cv-353) Motion of Defendants S. David Plummer and Spencer D. Plummer III to Compel Production of Audit Report is DENIED. Signed by Judge Joseph M. Hood on 4/4/2012.Associated Cases: 5:07-cv-00353-JMH-REW et al.(SCD)cc: COR
April 4, 2012
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MEMORANDUM OPINION & ORDER: 1) Plas' Motion for Sanctions and the Motion to Join that Motion for Sanctions are GRANTED as set forth below. 2) That GeoStar Corporation is precluded from disputing the authenticity of documents appearing to have been created or received by GeoStar or its agents. 3) That the testimony offered by GeoStar Corporation's designee may be used by any party only insofar as it contains admissions against GeoStar itself and as offered against GeoStar. 4) GeoStar Corporation is estopped from denying the assertions set forth by Plas and other parties to this motion in paragraphs (a) through (s) of Pla's Memo in Support of its Motion for Sanctions and paragraphs (1) through (13) in the Memo in Support of the Joinder in Plas' Motion. 5) Motions as filed in 09-cv-15 (DE 76 and 78) are DENIED AS MOOT. 6) Plummer parties' Motion is STRICKEN from 09-cv-167 (DE 14) as it appears that the parties did not intend to file the motion in that individual case. Signed by Judge Joseph M. Hood on 4/4/2012.Associated Cases: 5:07-cv-00353-JMH-REW et al.(SCD)cc: COR
April 4, 2012
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MEMORANDUM OPINION & ORDER: 1) The Motion is DENIED AS MOOT (175 in 5:07-cv-348, 140 in 5:07-cv-419, 150 in 5:08-cv-321). 2) The 279 in 5:08-cv-53 is GRANTED. 3) Plas in 5:08-cv-53 shall SERVE on counsel for the Plummers, w/in 10 days of entry of this Order, answer and documents in response to Interrogatories Nos. 1 and 2 and Requests for Production Nos. 1 and 2 on Dfts' Master List of Interrogatories and Requests for Production of Documents. There materials are to be designated for "Attorneys Eyes Only" and are subject to the terms/conditions set forth in the Protective Order (DE 89 in 5:08-cv-53). Signed by Judge Joseph M. Hood on 4/4/2012.Associated Cases: 5:07-cv-00353-JMH-REW, 5:07-cv-00348-JMH-REW, 5:07-cv-00419-JMH-REW, 5:08-cv-00053-JMH-REW, 5:08-cv-00321-JMH-REW(SCD)cc: COR
April 6, 2012
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MEMORANDUM OPINION & ORDER: (1) Plts' (142 in 5:08-cv-00496-JMH-REW, 1696 in 5:07-cv-00353-JMH-REW) MOTION for Summary Judgment GRANTED IN PART and DENIED IN PART; (2) Plts shall have 10 DAYS to show cause why Sixth Cause of Action for Unjust Enrichment against CFSI should not be dismissed w/ predjudice. Signed by Judge Joseph M. Hood on 4/6/2012.Associated Cases: 5:07-cv-00353-JMH-REW, 5:08-cv-00496-JMH-REW(STB)cc: COR
April 6, 2012
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MEMORANDUM OPINION & ORDER: (79 in 5:07-cv-00352-JMH-REW) MOTION to Compel Production of Audit Report is DENIED. Signed by Judge Joseph M. Hood on 4/6/2012.Associated Cases: 5:07-cv-00353-JMH-REW, 5:07-cv-00352-JMH-REW(STB)cc: COR
April 9, 2012
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Cases: 5:07-cv-00353-JMH-REW et al.(SCD)cc: COR MEMORANDUM OPINION & ORDER: 1) This Motion for Sanctions is DENIED in Lexington 07-cv-349 DE 199, 07-cv-351 DE 90, 07-cv-419 DE 143, 08-cv-17 DE 61, 08-cv-60 DE 53 and in Lexington 08-cv-321 DE 154. 2) Motion for Sanctions in Lexington 08-cv-53 DE 282 and 08-cv-74 DE 59 is GRANTED IN PART and DENIED IN PART. 3) Motion for Joinder in the Motion for Sanctions in Lexington 08-cv-53 DE 286 is GRANTED IN PART and DENIED IN PART. Signed by Judge Joseph M. Hood on 4/9/2012.Associated
April 11, 2012
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MEMORANDUM OPINION & ORDER: (77 in 5:08-cv-00074-JMH-REW, 1611 in 5:07-cv-00353-JMH-REW) MOTION for Partial Summary Judgment is GRANTED in part and DENIED in part as set forth above. Signed by Judge Joseph M. Hood on 4/11/2012.Associated Cases: 5:07-cv-00353-JMH-REW, 5:08-cv-00074-JMH-REW(SCD)cc: COR
August 23, 2013
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MEMORANDUM OPINION & ORDER: (1) Dfts Geostar Corporation, Ferguson, and Robinson's Emergency Motion to Vacate Temporary Injunction or, in the Alternative, Stay the Temporary Injunction and Hearing (818) in case 5:06-cv-00243-JMH-REW, (2528) in case 5:07-cv-00353-JMH-REW[DE 818] is GRANTED IN PART and DENIED IN PART; (2) That paragraphs 1, 2, and 3 of the Court's August 16, 2013, Order, (816) in case 5:06-cv-00243-JMH-REW, are VACATED; (3) That all post-judgment discovery disputes in this matter are REFERRED to Magistrate Judge Robert E. Wier for all necessary proceedings and orders for resolution. Signed by Judge Joseph M. Hood on 8/23/2013. Associated Cases: 5:07-cv-00353-JMH-REW, 5:06-cv-00243-JMH-REW(STC)cc: COR
April 11, 2014
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y GeoStar Corporation, Geostar Equine Energy, Inc. DENIED AS MOOT. Signed by Judge Joseph M. Hood on 4/11/2014.Associated Cases: 5:07-cv-00353-JMH-REW, 5:08-cv-00017-JMH-REW(STC)cc: COR MEMORANDUM OPINION & ORDER: (1) (90 in 5:08-cv-00017-JMH-REW, 1627 in 5:07-cv-00353-JMH-REW) MOTION to Withdraw by GeoStar Corporation, Geostar Equine Energy, Inc. Motion to Withdraw Deemed Admissions GRANTED; (2) (1605 in 5:07-cv-00353-JMH-REW, 80 in 5:08-cv-00017-JMH-REW) MOTION for Summary Judgment by Dumar Horses, L.C. DENIED; (3) (1626 in 5:07-cv-00353-JMH-REW, 89 in 5:08-cv-00017-JMH-REW) MOTION to Strike (1607 in 5:07-cv-00353-JMH-JBT) Affidavit in Support of Motion, b
February 29, 2016
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MEMORANDUM OPINION & ORDER: (1) (2587 in 5:07-cv-00353-JMH-REW, 866 in 5:06-cv-00243-JMH-REW) MOTION Motion For Declaration That Certain Property (1) Is Owned By Judgment Debtor John Parrott Or (2) Was Fraudulently Transferred By Judgment is DENIED; (2) (2597 in 5:07-cv-00353-JMH-REW, 875 in 5:06-cv-00243-JMH-REW) MOTION to Continue and extend time to file Reply to obtain further evidence in support of motion is DENIED AS MOOT. Signed by Judge Joseph M. Hood on 2/29/2016.Associated Cases: 5:07-cv-00353-JMH-REW, 5:06-cv-00243-JMH-REW(STC)cc: COR
January 3, 2017
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MEMORANDUM OPINION AND ORDER: the Court DENIES (894) Motion to Quash in case 5:06-cv-00243-JMH-REW; (2623) Motion to Quash in case 5:07-cv-00353-JMH-REW for want of jurisdiction, but provides merits analysis for the reasons stated. The matter is appealable to Judge Hood. A party objecting must file same within 14 days of Order entry. Failure to object waives a party's right to review. Signed by Magistrate Judge Robert E. Wier on 1/3/2017. Associated Cases: 5:07-cv-00353-JMH-REW, 5:06-cv-00243-JMH-REW(STC)cc: COR (Main Document 2626 replaced on 1/3/2017) (STC).