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05-782 - Cedar View, Ltd. v. Colpetzer et al


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05-782 - Cedar View, Ltd. v. Colpetzer et al
September 30, 2005
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Memorandum and Order re: (Related Documents # 47, 29). McKissick and Apple Grove's motion to dismiss for lack of jurisdiction is granted in part and denied in part. The Court possesses personal jurisdiction over the parties only as to Cedar View's fraud and concealment claims. Cedar View's breach of contract, negligence, breach of fiduciary duty, and rescission claims again McKissick and Apple Grove are dismissed for lack of personal jurisdiction. McKissick and Apple Grove's motion for a stay of discovery is denied as moot. The parties have until 11/4/2005 to amend pleadings, discovery remains 3/31/2006 and all dispositive motions are still due 5/1/2006. Signed by Judge Ann Aldrich on 9/30/2005.(K, V) Modified on 9/30/2005 (K, V). Modified on 9/30/2005 (K, V). Modified text on 10/3/2005 (S, T).
February 24, 2006
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Memorandum and Order re: Motion document numbers: (Related Doc # 35)40), (54)55)56)69) and71)Colpetzer?s motion to dismiss the breach of fiduciary duty and covenant of good faith of fair dealing claims [Docket No. 71] is granted, Moose?s motion to dismiss the breach of fiduciary duty and covenant of good faith of fair dealing, concealment and rescission claims [Docket No. 40] is granted in part and denied in part; Moose?s motion to dismiss the fraud and concealment claims [Docket No. 55] is denied; McKissick and Apple Grove?s motion for judgment on the pleadings for the fraud and concealment claims [Docket No. 69] is granted in part and denied in part; and Colpetzer?s motion to dismiss the fraud and concealment claims [Docket No. 56] is denied. Colpetzer?s earlier motion to dismiss [Docket No. 35] and McKissick and Apple Grove?s earlier motion for judgment on the pleadings [Docket No. 54] are denied as moot, as they refer to a version of the complaint that has since been replaced and as Colpetzer?s motion to dismiss [Docket No. 71] and McKissick and Apple Grove?s motion for judgment on the pleadings [Docket No. 69] pose the arguments with regard to the Second Amended Complaint raised by the earlier motions. Count V, the breach of fiduciary duty and covenant of good faith and fair dealing claim, is dismissed against both Colpetzer and Moose. Count VI, the fraud claim, is not dismissed and remains active as against Colpetzer, Moose, McKissick and Apple Grove. Count VII, the concealment claim, is dismissed as against McKissick and Apple Grove but remains active as against Colpetzer and Moose. Count VIII, the rescission claim, is dismissed as against Moose but remains active as against Colpetzer. However, Colpetzer may move for dismissal of Count VIII on the same grounds as Moose?s motion. Counts III and IV remain active as against Colpetzer and Moose. Parties are reminded of the pretrial dates previously in place and trial set for 7-31-06. Signed by Judge Ann Aldrich on 2-24-06.(K, V)
July 11, 2006
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Memorandum and Order granting defendant Colpetzer's motion to dismiss (Related Doc # 83), granting defendant Moose's motion to dismiss (Related Doc # 89), denying as moot defendants McKissick and Apple Grove's motion for judgment on the pleadings (Related Doc # 91), denying as moot defendant Moose's motion to strike (Related Doc # 111), denying without prejudice Moose's motion to consolidate (Related Doc # 132), granting in part Colpetzer's motion to extend deadlines (Related Doc # 135), and denying as moot Moose's motion to continue the trial date (Related Doc # 145). The Cutters' counterclaims and cross-claims are dismissed in their entirety against all parties. The current dispositive motion deadline of 8/3/06 is vacated, and the discovery deadline is now 8/7/06. Counsel for all parties in this case must attend the case management conference for Case No. 5:06-CV-01367, on Friday, August 4, 2006, at 10:00am, to set new case management deadlines. Signed by Judge Ann Aldrich on 7/11/2006. (C,G)
October 23, 2007
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Memorandum and Order that the court has grants all of the pending summary judgment motions: Cedar View I [Docket Nos. 253, 254, 256, 257, 278]; Cedar View II [Docket Nos. 31, 34, 36] and grants judgment as a matter of law on all pending claims. As all pending claims have been resolved, the court hereby dismisses both actions in their entirety.This order is final and appealable. Signed by Judge Ann Aldrich on 10-23-07.(K,V)
September 30, 2008
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Order (Related Doc # 356)(Related Doc # 357)(Related Doc # 360). The court grants Cedar View's motion to reconsider its order of October 23, 2007 pursuant to Rule 59(e). Following the court's reconsideration of the issues brief in Cedar View's motion (docs 356 and 82, collectively), a separate order will be issued. Judge Ann Aldrich on 9-30-08.(K,V) Modified on 9/30/2008 (K,V).
October 9, 2008
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Memorandum Opinion and Order affirming decision to grant Colpetzer's and Moose's motions for summary judgment on the issue of their alleged breach of an implied warranty. Related document 363. Signed by Judge Ann Aldrich on 10/9/08. (K,K) Modified text 10/20/2008 (C,KA).