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11-2559 - Denton et al v. Suter


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11-2559 - Denton et al v. Suter
October 2, 2013
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Memorandum Opinion and Order denying without prejudice 76 Defendant's Amended Motion to Withdraw. By 10/09/2013, Defendant's Counsel shall file a brief, in camera, explaining why the Lownds Affidavit [Dkt. No. 82] should remain unavailable to Plaintiffs, even if it were to otherwise remain filed under seal. In light of this order, the Court sua sponte extends the deadline for the parties' joint status report and appendix as ordered on 9/23/2013, see Dkt. No. 78 to 10/11/2013. (Ordered by Magistrate Judge David L Horan on 10/2/2013) (twd)
January 29, 2014
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Findings and Recommendations on Motion. The undersigned respectfully recommends that the Court order that all pending postjudgment matters in the case are stayed and that all pending deadlines and motions (including Plaintiffs' application for turnover and appointment of receiver[Dkt. Nos. 49 & 66]) are terminated, subject to this stay's being lifted upon the motionof any party if the 11 U.S.C. § 362 automatic stay is lifted by the bankruptcy court, whether before or at the time that Mr. Suter's bankruptcy proceedings are concluded. (See order for specifics) (Ordered by Magistrate Judge David L Horan on 1/29/2014) (mcrd)
February 27, 2014
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Order Accepting 124 Findings and Recommendations: All pending post-judgment matters in the case are STAYED and all pending deadlines and motions (Dkt. Nos. 49, 66, 92, & 121) are TERMINATED, subject to this stay's being lifted upon the motion of any party if the 11 U.S.C. § 362 automatic stay is lifted by the bankruptcy court, whether before or at the time that Mr. Suter's bankruptcy proceedings are concluded. (Ordered by Judge David C Godbey on 2/27/2014) (twd)
January 9, 2015
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Findings and Recommendations on Motions: For the reasons explained, the Court should find as moot and terminate 121 MOTION to Dismiss Plaintiff's Application for Writ, Motion to Dissolve Writ of Garnishment and Answer Subject Thereto, grant Plaintiff's 135 MOTION to Dismiss Garnishment Proceeding without Prejudice and order that (1) the writ of garnishment [Dkt. No. 113] issued to Pro Fit Optix, Inc. is dissolved and Pro Fit Optix, Inc. and its counterclaim for costs and expenses, including reasonable attorneys' fees, are dismissed w/out prejudice to Plaintiffs' filing a separate garnishment proceeding and w/out prejudice to Pro Fit Optix, Inc.'s then raising its counterclaim and (2) that costs will be taxed against the party incurring same. (See order for specifics) (Ordered by Magistrate Judge David L Horan on 1/9/2015) (mcrd)
February 6, 2015
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ORDER ACCEPTING 146 FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE re: 135 Motion to Dismiss filed by Harvest Investors LP, Peter Denton, 121 Motion to Dismiss. (Ordered by Judge David C Godbey on 2/6/2015) (ykp)
January 19, 2016
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AMENDED FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE re: 160 Motion for Sanctions filed by Harvest Investors LP, Peter Denton. The undersigned WITHDRAWS the Findings, Conclusions, and Recommendation of the United States Magistrate Judge (Dkt. No. 168) entered on 1/15/2016 and issues the following amended findings of fact, conclusions of law, and recommendation on the Second Contempt Motion. Defendant Rudolf Suter should be cited to appear before United States District Judge David C. Godbey on a date that the Court will set and show cause why he should not be held in civil contempt. Plaintiffs Peter Denton and Harvest Investors, L.P.'s Second Motion for Sanctions, Contempt and to Compel (Dkt. No. 160) should, accordingly, be granted to the extent that the Court finds Defendant Rudolf Suter in contempt and imposes appropriate judicial sanctions. (Ordered by Magistrate Judge David L Horan on 1/19/2016) (bdb)
January 19, 2016
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MEMORANDUM OPINION AND ORDER AWARDING ATTORNEYS' FEES ON MOTION TO COMPEL: The Court ORDERS, pursuant to Federal Rules of Civil Procedure 37(a)(5)(A), that Defendant Rudolf Suter must pay Plaintiffs Peter Denton and Harvest Investors, L.P. the amount of $3,919.50 for payment of reasonable and necessary attorneys' fees in connection with Plaintiffs' Motion for Sanctions, Contempt and to Compel (Dkt. No. 149) by 3/21/2016. (Ordered by Magistrate Judge David L Horan on 1/19/2016) (bdb)
February 16, 2016
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ORDER ACCEPTING 169 FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: After making an independent review of the pleadings, files, and records in this case, and the Amended Findings, Conclusions, and Recommendation of the United States Magistrate Judge dated 1/19/2016, the Court finds that the Amended Findings Conclusions, and Recommendation of the Magistrate Judge are correct and they are accepted as the Findings, Conclusions, and Recommendation of the Court. (Ordered by Judge David C Godbey on 2/16/2016) (bdb)
June 6, 2017
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FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The Court should deny Plaintiffs' Motion for Enforcement of Turnover Order in Aid and Satisfaction [Dkt. No. 187]. (Ordered by Magistrate Judge David L. Horan on 6/6/2017) (mcrd)
June 7, 2017
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MEMORANDUM OPINION AND ORDER denying 182 Motion for Attorney Fees filed by Harvest Investors LP, Peter Denton. (Ordered by Magistrate Judge David L. Horan on 6/7/2017) (epm)
June 8, 2017
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MMEMORANDUM OPINION AND ORDER: The Court DENIES Plaintiffs Peter Denton and Harvest Investors, L.P.'s Motion for Ongoing Discovery Order [Dkt. No. 184]. (Ordered by Magistrate Judge David L. Horan on 6/8/2017) (mcrd)
June 12, 2017
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MEMORANDUM OPINION AND ORDER: The Court DENIES Plaintiffs' Motion for Attorneys' Fees [Dkt. No. 190], though without prejudice as to their request for fees for any work performed not in connection with Plaintiffs' unsuccessful motions. (Ordered by Magistrate Judge David L. Horan on 6/12/2017) (mcrd)
June 30, 2017
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ORDER ACCEPTING 205 FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. (Ordered by Judge David C Godbey on 6/30/2017) (twd)