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11-2600 - Dietz v. Spangenberg et al


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11-2600 - Dietz v. Spangenberg et al
March 8, 2013
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MEMORANDUM OPINION AND ORDER regarding level of review. The Court will conduct a de novo review of the Summary Judgment Order in ruling on Defendants Objections 12 Attachs. 16, 17; the parties shall submit supplemental briefs (Written Opinion). Signed by Judge Ann D. Montgomery on 03/08/2013. (TLU)
August 29, 2013
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MEMORANDUM OPINION AND ORDER the Objection of Defendant Walter J. Gates, III, P.A. [12, Attach. 16] is SUSTAINED; the Objection of the remaining Defendants [12, Attach. 17] is SUSTAINED IN PART and OVERRULED IN PART; the findings of fact and conclusions of law in the Bankruptcy Court's Order Denying Motions for Summary Judgment [12, Attach. 12] are MODIFIED; the Summary Judgment Motion of Defendant Walter J. Gates, III, P.A. [10, Attach. 11] is GRANTED; Defendant Walter J. Gates, III, P.A. is DISMISSED as a defendant in this case;the Summary Judgment Motion of Defendants Erich L. Spangenberg; Audrey E. Spangenberg; Christian Spangenberg; Stephen Peary; FPX, LLC; FP Tech Holdings, LLC; TechDev Holdings, LLC; Acclaim Financial Group, LLC; and NMPP, Inc. [10, Attach. 12] is GRANTED IN PART and DENIED IN PART; Christian Spangenberg is DISMISSED as a defendant in this case; the findings of fact and conclusions of law in the Bankruptcy Court's Order Granting Leave to Amend Complaint [12, Attach. 11] are MODIFIED; the Bankruptcy Court's Order to File Document Under Seal and Determination Regarding Attorney-Client Privilege [12, Attach. 10] is VACATED as moot (Written Opinion). Signed by Judge Ann D. Montgomery on 08/29/2013. (TLU)
February 11, 2014
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MEMORANDUM OPINION AND ORDER denying 76 Defendants' Motion in Limine; granting 79 Defendants' Motion to Quash. The subpoenas compelling Audrey and Erich Spangenberg's attendance at trial are quashed. The Trustee shall appear at a deposition not to exceed four hours in length, to be held at a mutually agreed upon date and time no later than March 6, 2014, unless Defendants agree to a later date (Written Opinion). Signed by Judge Ann D. Montgomery on 2/11/2014. (TLU)