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13-897 - DILLON v. BMO HARRIS BANK, N.A. et al


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13-897 - DILLON v. BMO HARRIS BANK, N.A. et al
February 28, 2014
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MEMORANDUM TO COUNSEL REGARDING MARCH 6, 2014 HEARING ON PENDING MOTIONS signed by JUDGE CATHERINE C. EAGLES on 02/28/2014 as set out herein. (Taylor, Abby)
March 10, 2014
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MEMORANDUM OPINION AND ORDER signed by JUDGE CATHERINE C. EAGLES on 03/10/2014 as set out herein. ORDERED that: 1. The motion to dismiss filed by Generations, (Doc. 14), is DENIED. 2. The motion to compel arbitration filed by BMO Harris, (Doc. 35), is DENIED. 3. The motion to compel arbitration filed by Bay Cities, (Doc. 40), is DENIED.(Taylor, Abby)
April 23, 2014
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MEMORANDUM OPINION AND ORDER signed by JUDGE CATHERINE C. EAGLES on 04/23/2014 as set out herein. The Court will deny BMO Harris's motion to sever and BMO Harris's motion to transfer. The Court will grant in part and deny in part the motions to dismiss for failure to join an indispensable party and for failure to state a claim. Specifically, the Court will deny the motions to dismiss for failure to join an indispensable party. The Court will grant the motions to dismiss Mr. Dillon's usury and money had and received claims as to all defendants. The Court will deny the motions to dismiss Mr. Dillon's RICO, UDTPA, and Unjust Enrichment claims as to all defendants. Finally, the Court will grant the motions to dismiss Mr. Dillon's CFA claim as to defendants BMO Harris, Generations, and Four Oaks, and deny it as to defendant Bay Cities.(Taylor, Abby)
July 7, 2014
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MEMORANDUM OPINION AND ORDER signed by JUDGE CATHERINE C. EAGLES on 07/07/2014, that BMO Harris's renewed motion to compel arbitration, (Doc. 102), is DENIED, Generations' renewed motion to dismiss, (Doc. 106), is DENIED, and Bay Cities' renewed motion to compel arbitration, (Doc. 123), is DENIED.(Taylor, Abby)
October 30, 2015
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MEMORANDUM OPINION AND ORDER. Signed by MAG/JUDGE L. PATRICK AULD on 10/30/2015, that Dillon's Bay Cities Motion (Docket Entry 163) and Generations Motion (Docket Entry 161) are GRANTED IN PART and DENIED IN PART as follows: on or before November 6, 2015, with the sole exception of materials withheld on the basis of privilege as identified on the privilege logs detailed below (i) Bay Cities must produce all materials responsive to BCRFP 10; (ii) Generations must produce all materials responsive to GRFPs 1, 2, 5, 6, 9, 12, 13, 16, 17, 18; (iii) Generations must produce all materials on which it relies for its "third-party beneficiary" and "servicer" arguments, as specified in GRFPs 3 and 4; and (iv) Generations must produce all materials related to arbitration responsive to GRFP 11. FURTHER that, on or before November 6, 2015, Bay Cities and Generations must each serve on Dillon a privilege log specifying any documents withheld on the basis of privilege, including the common interest privilege. Defendants must explicitly identify any documents withheld under the common interest privilege. Dillon may renew his challenge to Defendants' common interest privilege assertions if he has a good-faith basis for doing so after reviewing the privilege logs. (Daniel, J)
March 23, 2016
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MEMORANDUM OPINION AND ORDER signed by JUDGE CATHERINE C. EAGLES on 03/23/2016 as set out herein. ORDERED that the motion to compel arbitration by Bay Cities Bank, (Doc. 154), is DENIED.(Taylor, Abby)
September 30, 2016
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MEMORANDUM OPINION AND ORDER signed by JUDGE CATHERINE C. EAGLES on 09/30/2016, that the defendant Generations Community Federal Credit Union's motion for sanctions, (Doc. 188), is GRANTED. Steve Six, J. Austin Moore, Darren T. Kaplan, and the firms Stueve Siegel Hanson LLP and Darren Kaplan Law Firm, P.C. are SANCTIONED for acting vexatiously, in bad faith, and in violation of their duty of candor to the Court and will be required to pay attorney's fees incurred by Generations as a result of their misconduct. Generations and the sanctioned lawyers shall confer about the amount of attorney's fees and report jointly on that amount or, if they disagree about the amount, brief that issue in accordance with the schedule established herein on p. 58. The plaintiff James Dillon's request for attorney's fees, (Doc. 202), is DENIED.(Taylor, Abby)
February 10, 2017
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MEMORANDUM OPINION AND ORDER signed by JUDGE CATHERINE C. EAGLES on 02/10/2017. The Court will impose a total sanction of $150,000 in attorney's fees and expenses. Mr. Six, Mr. Kaplan, Stueve Siegel Hanson LLP, and Darren Kaplan Law Firm, P.C. are responsible for paying this entire amount and Mr. Moore is responsible for paying up to $100,000 of this sanction as set out herein.(Taylor, Abby)