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16-1351 - Dunne, Jr. v. Resource Converting, LLC et al


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16-1351 - Dunne, Jr. v. Resource Converting, LLC et al
December 6, 2016
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MEMORANDUM AND ORDER DENYING MOTION TO TRANSFER: IT IS HEREBY ORDERED that defendants' motion to transfer (ECF No. 55) is denied. The court will proceed to issue its Case Management Order and to set a hearing on the pending motions to dismiss. IT IS FURTHER ORDERED that a status conference and oral argument on the currently pending motion to dismiss is set for January 13, 2017, at 10:00 am. ( Status Conference set for 1/13/2017 10:00 AM in Courtroom 17N before Magistrate Judge David D. Noce.). Signed by Magistrate Judge David D. Noce on 12/6/2016. (CLO)
February 13, 2017
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MEMORANDUM AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTIONS TO DISMISS: IT IS HEREBY ORDERED that the motions of defendants to dismiss (ECF Nos. 35, 48, 51, 57) are granted, in that Counts I, II, III, V, VI, VII, and VIII of plaintiff's complaint are dismissed without prejudice, with leave to amend within thirty days of this date. IT IS FURTHER ORDERED that defendants alternative motion for a more definite statement (ECF No. 51) is denied as moot. Signed by Magistrate Judge David D. Noce on 2/13/17. (JAB)
May 24, 2017
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MEMORANDUM AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS MOTIONS TO DISMISS: IT IS HEREBY ORDERED that the motions of defendants to dismiss (ECF Nos. 122, 124, 127, 129, 135) are granted in part as follows: a. Count III is dismissed; b. Count IV is dismissed as to all defendants except Resource Converting, LLC, and NewWay Global Energy, LLC; and c. Counts V, VI, VII, and VIII are dismissed. In all other respects the motions to dismiss are denied. This case will proceed on the following claims: 1. Count I against all defendants; 2. Count II against Resource Converting, LLC; and 3. Count IV against defendants Resource Converting, LLC, and NewWay Global Energy, LLC. IT IS FURTHER ORDERED that the Case Management Order, issued December 6, 2016 (ECF No. 98) remains in effect. Signed by Magistrate Judge David D. Noce on 5/24/2017. (CLO)
February 7, 2018
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MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that the motion of defendants to stay these proceedings (Doc. 229) is DENIED. However, on this Court's own motion, because the case in Iowa is set for trial on May 14, 2018, if the case before the United States District Court for the Southern District of Iowa is not stayed pending the disposition of the instant case, IT IS FURTHER ORDERED that the parties in the case before this Court are directed to take no further action in this case that would impede the May 2018 trial setting of the case in Iowa.. Signed by Magistrate Judge David D. Noce on 2/7/18. (KKS)
April 18, 2018
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40 per hour ($4,560.00), for a total award amount of $16,477.75. Signed by Magistrate Judge David D. Noce on 4/18/18. (JAB)MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiffs motion for attorneys fees (Doc. 239) is sustained in that plaintiff is awarded attorneys fees against defendants Resource Converting LLC, Tim Danley, and Rick Kersey, jointly and severally, in the following amounts: a. for attorney Barry Haith: 7.6 hours at $415 per hour ($3,154.00) b. for attorney Jonathan Waldron: 30.75 hours at $285 per hour ($8,763.75); and c. for attorney Matthew Rogers: 19 hours at $2