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13-5153 - Hoffman et al v. Bailey


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13-5153 - Hoffman et al v. Bailey
January 27, 2014
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ORDER denying 3 Motion to Dismiss; finding as moot 22 Motion to Strike lifting stay on discovery. Signed by Judge Jay C. Zainey. (jrc, )
December 23, 2015
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ORDER denying 43 Motion for Reconsideration. Signed by Judge Nannette Jolivette Brown on 12/22/15. (jrc)
February 3, 2016
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ORDER denying 80 Motion to Dismiss for Failure to State a Claim. Signed by Judge Nannette Jolivette Brown. (jrc)
April 26, 2017
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ORDER: IT IS HEREBY ORDERED that the Hoffmans' 112 Motion to for Award of Attorney Fees as a Sanction against Bailey's Counsel (FRCP 11) is DENIED. IT IS FURTHER ORDERED that Bailey's request for attorneys' fees and costs pursuant to Federal Rule of Civil Procedure 11(c)(2) is DENIED. Signed by Judge Nannette Jolivette Brown on 4/26/2017. (mmv)
April 26, 2017
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ORDER: IT IS HEREBY ORDERED that the Hoffmans' 96 Motion to Dismiss Defendant David Bailey's Counterclaim [FRCP 12(b)(6)] is GRANTED. Bailey's 98 counterclaim pursuant to 18 U.S.C. 1514A is dismissed, while Bailey's counterclaim for malicious prosecution is dismissed without prejudice. IT IS FURTHER ORDERED that the Hoffmans' 110 Special Motion to Strike Defendant David Bailey's Counterclaim and Seventh Affirmative Defense (LaCCP ART. 971) is DENIED AS MOOT. Signed by Judge Nannette Jolivette Brown on 4/26/2017. (mmv)
May 12, 2017
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ORDER: IT IS HEREBY ORDERED that the Hoffmans' 111 Motion to Strike Certain Paragraphs and Referenced Exhibits of Bailey's Counterclaim and For Sanctions Against Defendants David Bailey and Attorneys Barry Goldin and Daniel Carr Re: Violation of 26 U.S.C. Sections 6103(a) and 7213(a)(3) (FRCP 12(f)) is DENIED. Signed by Judge Nannette Jolivette Brown on 5/12/2017. (mmv)
May 16, 2017
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ORDERED that Hoffmans' 109 Motion Seeking Award of Attorney Fees to Plaintiff as Prevailing Party Re: Order of January 27, 2014 [DKT. 38] (LaCCP ART. 971(B)) is DENIED. Signed by Judge Nannette Jolivette Brown on 5/16/2017. (cms)
June 20, 2017
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ORDER: IT IS HEREBY ORDERED that Hoffman's 139 Motion for Partial Summary Judgment (FRCP 56) is GRANTED IN PART and DENIED IN PART. The motion is granted in part to the extent that the element of publication to a third party is admitted. The motion is denied in part as to the remaining issues raised by Hoffman, including: (1) if Bailey's words were defamatory per se; (2) fault; (3) falsity; (4) conditional privilege; (5) presumed damages; and (6) punitive damages. Signed by Judge Nannette Jolivette Brown on 6/20/2017. (jls)