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04-440 - Martinez v. Thompson et al


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04-440 - Martinez v. Thompson et al
March 29, 2007
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ORDER granting 74 Letter Request as set forth and limited in this Order ; denying 78 Motion for Sanctions; denying 94 Motion to Amend/Correct; denying 101 Motion for Sanctions. The stay issued in this Court's 10/19/05 is lifted; Dispositive Motions to be filed by 5/18/2007. Signed by Judge David E. Peebles on 3/29/07. (rjb, )
February 22, 2008
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REPORT AND RECOMMENDATIONS. RECOMMENDED that 110 MOTION for Partial Summary Judgment be GRANTED and that 118 Cross MOTION to Amend/Correct Complaint filed by Angel L. Martinez be DENIED except insofar as his request for leave to assert a claim for punitive damages is concerned and that the matter be set down for trial with respect to the remaining claims. Objections to R&R due by 3/7/2008 Case Review Deadline 3/13/2008. Signed by Magistrate Judge David E. Peebles on 2/21/08. (nas)
March 30, 2008
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ORDER granting in part and denying in part 110 Motion for Partial Summary Judgment; granting in part and denying in part 118 Motion to Amend/Correct; adopting in part 131 Report and Recommendations. Plaintiff's second amended complaint is to be filed within 10 days of the filing date of this Order. This action is referred to the Magistrate Judge for the purpose of a final pretrial conference. Signed by Senior Judge Frederick J. Scullin, Jr on 3/30/08. (rjb, )
June 24, 2008
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ORDER granting in part and denying in part 138 Motion to Compel. Signed by Magistrate Judge David E. Peebles on 6/24/08. (rjb, )
December 8, 2008
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DECISION and ORDER: ORDERED, Defendants' Motion for Judgment as a matter of law 173 is DENIED. ORDERED, Defendants Motion for a New Trial 173 is GRANTED unless plaintiff agrees to remit portions of the punitive damage awards returned by the jury, including $400,000 of the award against defendant Scott Thompson, $125,000 of the award against defendant Michael Duvall, $125,000 of the award against defendant Larry Sisco, and $40,000 of the award against defendant Robert LaBrague. ORDERED, Plaintiffs cross-motion for an award of costs, including reasonable attorneys fees 180 is GRANTED, subject to the adjustments reflected in this Order. If the plaintiff accepts the remittitur, the clerk is directed to enter an amended judgment in this action reflecting the revised punitive damages amounts and the additional award of attorneys fees in the sum of $151,997.80, and disbursements in the additional amount of $8,487.31, for a total award of costs in the amount of $160,485.11. Signed by Magistrate Judge David E. Peebles on 12/8/08. (alh, )