LegalMetric Docket Search
Go to Court (Pacer/ECF)

DOCKET 2:96cv02471
Case Name: Oles v. Peacock Hislop, et al
Status: Terminated
Terminated: 04/14/2000
Disposition: Judgment - Motion Before Trial
Filed: 10/31/1996
Court: Arizona District Court
Assigned to: Roslyn O Silver
Jury demand: Plaintiff
Amount demanded: $600,000.00
Nature of Suit: Other Statutes - Securities/Commodities/Exchanges (850)
Jurisdiction: Federal Question
Basis: 15:77 Securities Fraud
Origin: 1
Office: Phoenix Division
County: Maricopa
Flags: STD, TERMED

PARTIES and ATTORNEYS
Plaintiff(s)
 Carl John Oles, Plaintiff

Defendant(s)
 Betty Lynne Reese, Defendant
 Carl Ranno, Defendant
 Duane Boyett, Defendant
 Gerald L Flanagan, Defendant
 Jan Boyett, Defendant
 Kristine Ranno, Defendant
 Lee Burge, Defendant
 Luis Felipe Seldner, Defendant
 Martha Seldner, Defendant
 Patricia Karon, Defendant
 Paul Karon, Defendant
 Peacock, Hislop, Staley & Given, Inc, Defendant
 Richard Reese, Defendant
 Scott Burge, Defendant
 Ted Sweeten, Defendant

Counter Claimant(s)
 Carl Ranno, Counter Claimant
 Gerald L Flanagan, Counter Claimant

Counter Defendant(s)
 Carl John Oles, Counter Defendant
 Susan K Oles, Counter Defendant

DOCKET DETAIL
10-31-19961COMPLAINT FILED (MAP) (Entered: 11/04/1996)
10-31-19962DEMAND for jury trial by pla Carl John Oles (MAP) (Entered: 11/04/1996)
02-21-19973AMENDED COMPLAINT by pla Carl John Oles [1-1] ;adding Duane Boyett, Jan Boyett, Luis Felipe Seldner, Martha Seldner, Richard Reese, Betty Lynne Reese, Ted Sweeten, Scott Burge, Lee Burge, Paul Karon, Patricia Karon (MAP) (Entered: 02/24/1997)
02-28-19974MOTION ex parte to extend time to srv dft Gerald L Flanagan by pla Carl John Oles [4-1] (former emp) (Entered: 02/28/1997)
02-28-19975MOTION ex parte for expedited consideration of motion ex parte to extend time to srv dft Gerald L Flanagan by pla Carl John Oles [4-1] by pla Carl John Oles [5-1] (former emp) (Entered: 02/28/1997)
02-28-19976RETURN OF SERVICE EXECUTED personal upon dft Carl Ranno, dft Kristine Ranno on 2/26/97 (MAP) (Entered: 03/04/1997)
02-28-19977RETURN OF SERVICE EXECUTED upon Stat Agent for dft Peacock Hislop on 2/26/97 (MAP) (Entered: 03/04/1997)
03-03-19979RETURN OF SERVICE EXECUTED personal svc upon dft Scott Burge, dft Lee Burge on 2/26/97 by srving Lee Burge (amds/amdcmp/atchs) (former emp) (Entered: 03/04/1997)
03-04-19978ORDER by Judge Roslyn O. Silver granting motion ex parte for expedited consideration of motion ex parte to extend time to srv dft Gerald L Flanagan by pla Carl John Oles [4-1] by pla Carl John Oles [5-1], granting motion ex parte to extend time to srv dft Gerald L Flanagan by pla Carl John Oles [4-1]. Pltf has thru 6/3/97 to srv Dft Gerald L Flanagan (cc: all counsel) (MAP) (Entered: 03/04/1997)
03-04-199710NOTICE OF WITHDRAWAL by pla Carl John Oles of motion ex parte to extend time to srv dft Gerald L Flanagan by pla Carl John Oles [4-1] and ex parte mtn for expedited consideration are moot as dft has been srvd (mtn ruled on) (former emp) (Entered: 03/06/1997)
03-04-199711RETURN OF SERVICE EXECUTED personal Betty Reese for dfts Richard Reese and Betty Lynne Reese on 3/2/97 (MAP) (Entered: 03/11/1997)
03-04-199712RETURN OF SERVICE EXECUTED personal upon dft Gerald L Flanagan on 2/28/97 (MAP) (Entered: 03/11/1997)
03-10-199713RETURN OF SERVICE EXECUTED perssonal upon dft Ted Sweeten on 2/2/97 (MAP) (Entered: 03/11/1997)
03-11-199714RETURN OF SERVICE EXECUTED personal upon dft Luis Felipe Seldner on 3/4/97 (MAP) (Entered: 03/12/1997)
03-11-199715RETURN OF SERVICE EXECUTED by leaving copies w/Nora Ruiz for dft Duane Boyett, dft Jan Boyett on 3/4/97 (MAP) (Entered: 03/12/1997)
03-11-199716RETURN OF SERVICE EXECUTED personal upon dft Paul Karon, dft Patricia Karon on 2/28/97 (MAP) (Entered: 03/12/1997)
03-12-199717STIPULATION for ext of time to ans or resp to cmp (1st req) (former emp) (Entered: 03/12/1997)
03-17-199718ORDER by Judge Roslyn O. Silver granting stipulation that Peacock Hislop may hv thru 4/1/97 to answer the cmp (cc: all counsel) (MAP) (Entered: 03/17/1997)
03-18-199719MOTION to dismiss 1st amended complaint by Gerald L Flanagan, Carl Ranno, Kristine Ranno, Scott Burge [19-1] (MAP) (Entered: 03/20/1997)
03-19-199720ANSWER by dft Ted Sweeten (MAP) (Entered: 03/20/1997)
03-20-199721MOTION to dismiss 1st amended complaint by Duane Boyett, Jan Boyett, Luis Felipe Seldner, Martha Seldner, Paul Karon, Patricia Karon [21-1] (MAP) (Entered: 03/21/1997)
03-21-199722MOTION to dismiss pur to Rule 12(b)(6) by Richard Reese, Betty Lynne Reese [22-1] (MAP) (Entered: 03/24/1997)
03-21-199723NOTICE OF HEARING by Richard Reese, Betty Lynne Reese setting motion to dismiss pur to Rule 12(b)(6) by Richard Reese, Betty Lynne Reese [22-1] at 1:30 11/17/97 (MAP) (Entered: 03/24/1997)
03-24-199724NOTICE OF HEARING by dfts setting motion to dismiss 1st amended complaint by Duane Boyett, Jan Boyett, Luis Felipe Seldner, Martha Seldner, Paul Karon, Patricia Karon [21-1] at 1:30 11/17/97 (MAP) (Entered: 03/25/1997)
03-26-199725CERTIFICATE by dfts Flanagan, Ranno, Burge of mailing (MAP) (Entered: 03/27/1997)
03-26-199726NOTICE OF HEARING by dfts setting motion to dismiss 1st amended complaint by Gerald L Flanagan, Carl Ranno, Kristine Ranno, Scott Burge [19-1] at 1:30 11/17/97 (MAP) (Entered: 03/27/1997)
04-01-199727MOTION to dismiss Pltf's 1st amended complaint by dft Peacock Hislop [27-1] (MAP) (Entered: 04/03/1997)
04-01-199728MEMORANDUM IN SUPPORT by dft Peacock Hislop of motion to dismiss Pltf's 1st amended complaint by dft Peacock Hislop [27-1] (MAP) (Entered: 04/03/1997)
04-01-199729NOTICE OF HEARING by dft Peacock Hislop setting motion to dismiss Pltf's 1st amended complaint by dft Peacock Hislop [27-1] at 1:30 11/17/97 (MAP) (Entered: 04/03/1997)
04-04-199730STIPULATION re: briefing sched re motions to dismiss filed by dfts Boyett, Karon, Seldner and Reese (MAP) (Entered: 04/04/1997)
04-09-199731ORDER by Judge Roslyn O. Silver granting stipulation that Pltf may hv thru 4/21/97 to resp to motions to dismiss and the dfts may hv thru 5/12/97 to file any replies (cc: all counsel) (MAP) (Entered: 04/09/1997)
04-14-199732STIPULATION re briefing sched re motion to dismiss filed by Peacock, Hislop, Staley & Given (MAP) (Entered: 04/16/1997)
04-16-199733RESPONSE by Gerald L Flanagan, Carl Ranno, Kristine Ranno, Scott Burge, to motion to dismiss 1st amended complaint by Gerald L Flanagan, Carl Ranno, Kristine Ranno, Scott Burge [19-1] (MAP) (Entered: 04/17/1997)
04-17-199734ORDER by Judge Roslyn O. Silver granting stipulation that Pltf Oles may hv thru 6/2/97 to file resp brief to Peacock Hilsop's motion to dismiss Pltf's 1st amended complaint (cc: all counsel) (MAP) (Entered: 04/17/1997)
04-21-199735MOTION to exceed the page limit (response to motions to dismiss) by pla Carl John Oles [35-1] (lodged doc at Clk's desk) (MAP) (Entered: 04/23/1997)
04-24-199736ORDER by Judge Roslyn O. Silver granting motion to exceed the page limit (response to motions to dismiss) by pla Carl John Oles [35-1] (cc: all counsel) (MAP) (Entered: 04/24/1997)
04-24-199737RESPONSE by pla Carl John Oles to motion to dismiss pur to Rule 12(b)(6) by Richard Reese, Betty Lynne Reese [22-1], motion to dismiss 1st amended complaint by Duane Boyett, Jan Boyett, Luis Felipe Seldner, Martha Seldner, Paul Karon, Patricia Karon [21-1] (MAP) (Entered: 04/24/1997)
05-06-199738STIPULATION of Pltf and Dfts Boyett Karon for extension of time to file a reply in support of these dfts' motion to dismiss Pltf's 1st amnd cmp (MAP) (Entered: 05/06/1997)
05-07-199739ORDER by Judge Roslyn O. Silver granting stipulation that dfts Boyett, Karon's reply in support of their motion to dismiss Pltf's 1st amd cmp shl be due on/b4 5/23/97 (cc: all counsel) (MAP) (Entered: 05/07/1997)
05-12-199740STIPULATION for extension of time for Dfts Flanagan, Ranno and Burge to file a reply re motion to dismiss 1st amd cmp (MAP) (Entered: 05/13/1997)
05-15-199741ORDER by Judge Roslyn O. Silver granting stipulation that Dfts Flanagan, Ranno and Burge may hv thru 5/22/97 in which to file their reply to Pltf's respons to the motion to dismiss 1st amd cmp (cc: all counsel) (MAP) (Entered: 05/15/1997)
05-23-199742REPLY by dfts to response to motion to dismiss 1st amended complaint by Gerald L Flanagan, Carl Ranno, Kristine Ranno, Scott Burge [19-1] (MAP) (Entered: 05/28/1997)
05-23-199743MOTION (NOTICE) to extend time to file reply in suuport of their motion to dismiss Pltf's 1st amd cmp by dfts Boyett, Seldner, Karon [43-1] (MAP) (Entered: 05/28/1997)
05-27-199745REPLY by dfts Boyett, Seldner and Karon in support of their motion to dismiss 1st amended complaint by Duane Boyett, Jan Boyett, Luis Felipe Seldner, Martha Seldner, Paul Karon, Patricia Karon [21-1] (MAP) (Entered: 05/28/1997)
05-28-199744STIPULATION re briefing sched re motion to dismiss filed by Peacock Hislop (MAP) (Entered: 05/28/1997)
05-29-199746ORDER by Judge Roslyn O. Silver granting stipulation that Pltf may hv thru 6/23/97 to file a resp brief to Peacock Hislop's motion to dismiss Pltf's 1st amd cmp (cc: all counsel) (MAP) (Entered: 05/29/1997)
06-04-199747MOTION for authorization to conduct discovery by pla Carl John Oles [47-1] , and for expedited consideration of motoion for authorization to conduct discovery by pla Carl John Oles [47-2] (MAP) (Entered: 06/05/1997)
06-09-199748RESPONSE by dft Peacock Hislop in opposition to motion for authorization to conduct discovery by pla Carl John Oles [47-1] (MAP) (Entered: 06/11/1997)
06-12-199749ORDER by Judge Roslyn O. Silver granting motion for expedited consideration of motoion for authorization to conduct discovery by pla Carl John Oles [47-2]; Dfts' file a resp to Pltf's motion for Auth to Conduct Discovery nlt 6/19/97; setting motion for authorization to conduct discovery by pla Carl John Oles [47-1] at 4:30 6/24/97 (cc: all counsel) (MAP) (Entered: 06/12/1997)
06-12-199750RESPONSE to motion by dfts Boyett, Karon and Seldner and CROSS-MOTION to stay discovery by dfts Boyett, Karon and Seldner [50-1] (RE: [47-1] ) (MAP) (Entered: 06/13/1997)
06-16-199751NOTICE OF JOINDER by dft Peacock Hislop to motion to stay discovery by Dfts Boyett, Karon and Seldner [50-1] (MAP) (Entered: 06/17/1997)
06-16-199752MOTION to exceed the page limit (response to motion for authorization to conduct discovery) by dft Peacock Hislop [52-1] (no lodged pleading submitted) (MAP) (Entered: 06/17/1997)
06-16-199753RESPONSE by dft Ted Sweeten to motion for authorization to conduct discovery by pla Carl John Oles [47-1] (MAP) (Entered: 06/17/1997)
06-19-199754RESPONSE by Reese Dfts in opposition to motion for authorization to conduct discovery by pla Carl John Oles [47-1] (MAP) (Entered: 06/19/1997)
06-23-199755RESPONSE in opposition by dft Gerald L Flanagan, dft Carl Ranno, dft Kristine Ranno, dft Scott Burge, dft Lee Burge to motion for authorization to conduct discovery by pla Carl John Oles [47-1] (former emp) (Entered: 06/24/1997)
06-23-199756MOTION to exceed the page limit re resp to mtn to dism by pla Carl John Oles [56-1] LDGD DOC IN DKTING (former emp) (Entered: 06/24/1997)
06-24-199759MINUTE ENTRY Judge Inits: ROS Crt Rptr: Gary Moll Telephonic Appearances: Teresa Farrison for Pla; David R. Jordan, Lee Allen Johnson for Dfts. Motion hearing held. IT IS ORDERED granting motion to exceed the page limit (response to motion for authorization to conduct discovery) by dft Peacock Hislop [52-1], granting motion to stay discovery by dfts Boyett, Karon and Seldner [50-1], denying the attorney fees, denying motion for authorization to conduct discovery by pla Carl John Oles [47-1] Counsel is to submit briefing on the issue set in Nov. by 7/7/97. If counsel request an accelerated hearing, they are to call the Court at the end of the week. [cc: JS [59-1] (former emp) (Entered: 06/25/1997)
06-25-199757ORDER by Judge Roslyn O. Silver granting motion to exceed the page limit re resp to mtn to dism by pla Carl John Oles [56-1] (cc: all counsel) (MAP) (Entered: 06/25/1997)
06-25-199758RESPONSE by pla Carl John Oles to motion to dismiss Pltf's 1st amended complaint by dft Peacock Hislop [27-1] (MAP) (Entered: 06/25/1997)
07-01-199760STIPULATION for extension of time to reply (MAP) (Entered: 07/02/1997)
07-03-199761ORDER by Judge Roslyn O. Silver granting stipulation that dft Peacock, Hislop shal hv til 7/31/97 to file rply in supp of its mtn to dism 1st amd cmp (cc: all counsel) (former emp) (Entered: 07/03/1997)
07-15-199762MOTION to disqualify Jeffrey McKee as cnsl by dft Peacock Hislop [62-1] , to strike affidavit of Gerald Flanagan by dft Peacock Hislop [62-2] (MAP) Modified on 09/11/1997 (Entered: 07/16/1997)
07-15-199763MEMORANDUM IN SUPPORT by dft Peacock Hislop of motion to disqualify Jeffrey McKee as cnsl by dft Peacock Hislop [62-1], motion to strike affidavit of Gerald Flanagan by dft Peacock Hislop [62-2] (MAP) (Entered: 07/16/1997)
07-29-199764STIPULATION for extension of time to file a reply to motion to dismiss and STIPULATION for extension of time to file a response to motion to disqualify (MAP) (Entered: 07/30/1997)
07-30-199765ORDER by Judge Roslyn O. Silver granting stipulation that Dft Peacock Hislop shl hv thru 8/13/97 to file its reply in support of motion to dismiss the 1st amd cmp; Pltf shl hv thru 8/18/97 to file his resp to the motion to disqualify and motion to strike (cc: all counsel) (MAP) (Entered: 07/30/1997)
08-04-199766RESPONSE by dft Gerald L Flanagan, dft Carl Ranno, dft Kristine Ranno, dft Scott Burge, dft Lee Burge to motion to disqualify Jeffrey McKee as cnsl by dft Peacock Hislop [62-1], motion to strike affidavit of Gerald Flanagan by dft Peacock Hislop [62-2] (former emp) (Entered: 08/04/1997)
08-04-199767MEMORANDUM by dft Gerald L Flanagan, dft Carl Ranno, dft Kristine Ranno, dft Scott Burge, dft Lee Burge in supp of resp to mtn to disqualify Jeffrey McKee as cnsl and mtn to strike afdt of Gerald L Flanagan re [66-1] (former emp) (Entered: 08/04/1997)
08-11-199768MOTION for summary disposition by dft Peacock Hislop [68-1] (MAP) (Entered: 08/12/1997)
08-13-199769MOTION to exceed the page limit (reply in support of motion to dismiss) by dft Peacock Hislop [69-1] (lodged doc at Clk's desk) (MAP) (Entered: 08/14/1997)
08-13-199770MOTION to strike exhibits submitted w/pltf's resp to motion to dismiss by dft Peacock Hislop [70-1] (MAP) (Entered: 08/14/1997)
08-14-199771ORDER by Judge Roslyn O. Silver granting motion to exceed the page limit (reply in support of motion to dismiss) by dft Peacock Hislop [69-1] (cc: all counsel) (MAP) (Entered: 08/14/1997)
08-14-199772REPLY by dft Peacock Hislop to response to motion to dismiss Pltf's 1st amended complaint by dft Peacock Hislop [27-1] (MAP) (Entered: 08/14/1997)
08-15-199773ORDER by Judge Roslyn O. Silver granting motion for summary disposition by dft Peacock Hislop [68-1], granting motion to disqualify Jeffrey McKee as cnsl by dft Peacock Hislop [62-1], granting motion to strike affidavit of Gerald Flanagan by dft Peacock Hislop [62-2] ; terminating attorney Jeffrey A McKee for Scott Burge, for Kristine Ranno, for Carl Ranno, for Gerald L Flanagan (cc: all counsel) (former emp) (Entered: 08/15/1997)
08-18-199774MOTION for reconsideration of 8/14/97 Order striking afdvt of Gerald Flanagan by pla Carl John Oles [74-1] (MAP) (Entered: 08/20/1997)
08-18-199775RESPONSE by pla Carl John Oles to motion to strike affidavit of Gerald Flanagan by dft Peacock Hislop [62-2] (MAP) (Entered: 08/20/1997)
08-19-199776MOTION to vacate order of 8/15/97 by dfts Flanagan, Ranno, and Burge [76-1] , for sanctions by Flanagan, Ranno, and Burge [76-2] (MAP) (Entered: 08/20/1997)
08-27-199777ORDER by Judge Roslyn O. Silver that dfts Peacock Hislop file a resp to Pltf's motion for reconsideration of 8/14/97 Order striking Afdt of Gerald Flanagan nlt 9/5/97 (cc: all counsel) re: order [77-1] (MAP) (Entered: 08/27/1997)
09-02-199778RESPONSE by pla Carl John Oles to motion to strike exhibits submitted w/pltf's resp to motion to dismiss by dft Peacock Hislop [70-1] (MAP) (Entered: 09/03/1997)
09-05-199779STIPULATION for ext of time to file rply (1st req) (former emp) (Entered: 09/05/1997)
09-05-199780RESPONSE by dft Peacock Hislop to motion for reconsideration of 8/14/97 Order striking afdvt of Gerald Flanagan by pla Carl John Oles [74-1] (former emp) (Entered: 09/05/1997)
09-08-199781RESPONSE by dft Peacock Hislop to motion to vacate order of 8/15/97 by dfts Flanagan, Ranno, and Burge [76-1], motion for sanctions by Flanagan, Ranno, and Burge [76-2] (MAP) (Entered: 09/09/1997)
09-08-199782AFFIDAVIT of Janice L Innocenzi CLA (MAP) (Entered: 09/09/1997)
09-08-199783SUPPLEMENTAL RESPONSE by dft Peacock Hislop to motion to vacate order of 8/15/97 by dfts Flanagan, Ranno, and Burge [76-1], motion for sanctions by Flanagan, Ranno, and Burge [76-2] (MAP) (Entered: 09/09/1997)
09-11-199784ORDER by Judge Roslyn O. Silver vacating this Court's Order of 8/14/97, doc 73 , granting Peacock's req for summary disposition of its motion styled Peacock Hislop's motion to disqualify Jeff McKee as cnsl and motion to strike affidavit of Gerald Flanagan once the matter is fully briefed. FO granting Dft Peacock until 9/12/97 to file a reply in support of its motion to strike afdvt of Gerald Flanagan FO reserving the ruling on Dfts Flanagan Ranno and Burge's req fro sanctions until the matter has been fully briefed (cc: all counsel) (MAP) Modified on 09/11/1997 (Entered: 09/11/1997)
09-12-199785MOTION to extend time to file rply by dft Peacock Hislop [85-1] (former emp) (Entered: 09/15/1997)
09-12-199786STIPULATION for ext of time to file rply in supp of mtn to strike exh (1st req) (former emp) (Entered: 09/15/1997)
09-16-199787ORDER by Judge Roslyn O. Silver granting motion to extend time to file rply by dft Peacock Hislop [85-1]; dft shall hv til 9/22/97 to file rply in supp of its mtn to strike afdt of Gerald flanagan and to disqualify atty McKee (cc: all counsel) (former emp) (Entered: 09/16/1997)
09-17-199788ORDER by Judge Roslyn O. Silver granting motion to extend time to file rply by dft Peacock Hislop [85-1]; ext to 9/22/97 (cc: all counsel) (former emp) (Entered: 09/17/1997)
09-17-199789RESPONSE by dft Gerald L Flanagan, dft Carl Ranno, dft Kristine Ranno, dft Scott Burge, dft Lee Burge to dft Peacock, Hislop's mtn for ext of time to file rply (former emp) (Entered: 09/18/1997)
09-22-199790REPLY by dft Peacock Hislop in support of motion to disqualify Jeffrey McKee as cnsl by dft Peacock Hislop [62-1], motion to strike affidavit of Gerald Flanagan by dft Peacock Hislop [62-2] (MAP) (Entered: 09/24/1997)
09-22-199791REPLY by dft Peacock Hislop to response to motion to strike exhibits submitted w/pltf's resp to motion to dismiss by dft Peacock Hislop [70-1] (MAP) (Entered: 09/24/1997)
10-03-199792MOTION for leave to file 2nd amd cmp by pla Carl John Oles [92-1] (amd cmp attch'd as an exhibit) (MAP) (Entered: 10/06/1997)
10-20-199793RESPONSE by Duane Boyett, Jan Boyett, Luis Felipe Seldner, Martha Seldner, Paul Karon, Patricia Karon to motion for leave to file 2nd amd cmp by pla Carl John Oles [92-1] (MAP) (Entered: 10/21/1997)
10-20-199794RESPONSE by dft Peacock Hislop to motion for leave to file 2nd amd cmp by pla Carl John Oles [92-1] (MAP) (Entered: 10/21/1997)
10-28-199795REPLY by pla Carl John Oles to response to motion for leave to file 2nd amd cmp by pla Carl John Oles [92-1] (MAP) (Entered: 10/29/1997)
11-07-199796MOTION to dismiss by dft Ted Sweeten [96-1] , for joinder in motion to dismiss pur to Rule 12(b)(6) by Richard Reese, Betty Lynne Reese [22-1], motion to dismiss 1st amended complaint by Duane Boyett, Jan Boyett, Luis Felipe Seldner, Martha Seldner, Paul Karon, Patricia Karon [21-1] by Sweeten (MAP) (Entered: 11/13/1997)
11-13-199797ORDER by Judge Roslyn O. Silver granting motion for leave to file 2nd amd cmp by pla Carl John Oles [92-1] (cc: all counsel) (MAP) (Entered: 11/13/1997)
11-13-199798ORDER by Judge Roslyn O. Silver granting motion for joinder in motion to dismiss pur to Rule 12(b)(6) by Richard Reese, Betty Lynne Reese [22-1], motion to dismiss 1st amended complaint by Duane Boyett, Jan Boyett, Luis Felipe Seldner, Martha Seldner, Paul Karon, Patricia Karon [21-1] by Sweeten (cc: all counsel) (MAP) (Entered: 11/13/1997)
11-13-199799MINUTE ORDER IT IS ORDERED vacating the hearing set on 11/17/97 at 1:30 p.m. re motion to dismiss 1st amended complaint by Gerald L Flanagan, Carl Ranno, Kristine Ranno, Scott Burge [19-1], re motion to dismiss 1st amended complaint by Duane Boyett, Jan Boyett, Luis Felipe Seldner, Martha Seldner, Paul Patricia Karon [21-1], re motion to dismiss pur to Rule 12(b)(6) by Richard Reese, Betty Lynne Reese [22-1], re motion to dismiss Pltf's 1st amended complaint by dft Peacock Hislop [27-1]. The Court will issue a formal order as to the ruling of these motions. (cc: counsel/JS) [99-1] (former emp) (Entered: 11/13/1997)
11-18-1997100ORDER by Judge Roslyn O. Silver denying motion to dismiss 1st amended complaint by Gerald L Flanagan, Carl Ranno, Kristine Ranno, Scott Burge [19-1], denying motion to dismiss 1st amended complaint by Duane Boyett, Jan Boyett, Luis Felipe Seldner, Martha Seldner, Paul Karon, Patricia Karon [21-1], denying motion to dismiss pur to Rule 12(b)(6) by Richard Reese, Betty Lynne Reese [22-1], denying motion to dismiss Pltf's 1st amended complaint by dft Peacock Hislop [27-1] denying as moot motion to strike exhibits submitted w/pltf's resp to motion to dismiss by dft Peacock Hislop [70-1] FO that the hearing set for 11/17/97 is vacated (cc: all counsel) (MAP) (Entered: 11/18/1997)
12-03-1997101ORDER by Judge Roslyn O. Silver (re: order 73 ) vacating this Court's Order of 8/15/97, granting Peacock's motion to disqualify Jeffrey McKee as cnsl and motion to strike affdvt of Gerald Flanagan FO denying Dfts Flanagan, Ranno and Buge's motion to vacate Order of 8/15/97 (sic) and denying Dfts Flanagan, Ranno and Burge's req for attys' fees and costs as a result of resp to the req for summary disposition (cc: all counsel) (MAP) (Entered: 12/03/1997)
12-03-1997102ORDER by Judge Roslyn O. Silver granting the motion for reconsideration and denying Peacock Hislop Staley & Given's motion to disqualify Jeffrey McKee as cnsl by dft Peacock Hislop [62-1], denying motion to strike affidavit of Gerald Flanagan by dft Peacock Hislop [62-2] (cc: all counsel) (MAP) (Entered: 12/03/1997)
12-12-1997103SECOND AMENDED COMPLAINT by pla Carl John Oles [3-1] ; (MAP) (Entered: 12/18/1997)
12-23-1997104STIPULATION for ext of time to file resp to 2nd amd cmp (1st req) by dft Peacock, Hislop (former emp) Modified on 12/24/1997 (Entered: 12/24/1997)
12-23-1997105STIPULATION by Boyett, Karon & Seldner ntc of ext to file resp to pla 2nd amd cmp (1st req) (former emp) (Entered: 12/24/1997)
12-30-1997106ORDER by Judge Roslyn O. Silver granting stipulation that Dfts Boyett, Karon and Seldners response to Pltf's 2nd amd cmp shl be due on/b4 1/12/98 (cc: all counsel) (MAP) (Entered: 12/30/1997)
12-30-1997107STIPULATION for extension of time to file response to 2nd amd cmp (MAP) (Entered: 12/31/1997)
01-07-1998108ORDER by Judge Roslyn O. Silver granting stipulation that Dft Ted Sweeten's resp to Pltf's 2nd amd cmp shl be due 1/17/98 (cc: all counsel) (MAP) Modified on 01/07/1998 (Entered: 01/07/1998)
01-09-1998109STIPULATION for extension of time to file a response to 2nd amd cmp (MAP) (Entered: 01/12/1998)
01-14-1998110ORDER by Judge Roslyn O. Silver granting stipulation extending time for Peacock Hislop to answer 2nd Amd Cmp thru 1/20/98 (cc: all counsel) (MAP) (Entered: 01/14/1998)
01-15-1998111STIPULATION that Dfts Boyett, Karon and Seldner may hv thru 2/2/98 to file their resp to Pltf's 2nd amd cmp (MAP) (Entered: 01/16/1998)
01-16-1998112ORDER by Judge Roslyn O. Silver granting stipulation that Dfts Boyett, Karon and Seldners respond to Pltf's 2nd amd cmp on/b4 2/2/98 (cc: all counsel) (MAP) (Entered: 01/16/1998)
01-20-1998113MOTION to dismiss Pltf's 2nd Amended Complaint by dft Peacock Hislop [113-1] (MAP) (Entered: 01/21/1998)
01-20-1998114NOTICE OF HEARING by dft Peacock Hislop setting motion to dismiss Pltf's 2nd Amended Complaint by dft Peacock Hislop [113-1] at 1:30 7/27/98 (MAP) (Entered: 01/21/1998)
01-20-1998115MEMORANDUM IN SUPPORT by dft Peacock Hislop of motion to dismiss Pltf's 2nd Amended Complaint by dft Peacock Hislop [113-1] (MAP) (Entered: 01/21/1998)
01-21-1998116STIPULATION for extension of time for Dfts Flanagan, Ranno, and Burge to file response to 2nd and cmp (MAP) (Entered: 01/22/1998)
01-21-1998117STIPULATION for extension of time to file a response to 2nd amd cmp (Ted Sweeten) (MAP) (Entered: 01/22/1998)
01-22-1998118MOTION to dismiss 2nd amended cmp by dft Gerald L Flanagan, dft Carl Ranno, dft Kristine Ranno, dft Scott Burge, dft Lee Burge [118-1] (former emp) (Entered: 01/23/1998)
01-22-1998119NOTICE OF HEARING by dft Gerald L Flanagan, dft Carl Ranno, dft Kristine Ranno, dft Scott Burge, dft Lee Burge setting motion to dismiss 2nd amended cmp by dft Gerald L Flanagan, dft Carl Ranno, dft Kristine Ranno, dft Scott Burge, dft Lee Burge [118-1] at 1:30 7/27/98 (former emp) Modified on 02/05/1998 (Entered: 01/23/1998)
01-23-1998120ORDER by Judge Roslyn O. Silver granting stipulation that Dft Sweeten's resp to Pltf's 2md amd cmp shl be due on/b4 2/5/98 (cc: all counsel) (MAP) (Entered: 01/23/1998)
01-23-1998121ORDER by Judge Roslyn O. Silver granting stipulation that Dfts Flanagan, Ranno, and Burge may hv thru 1/22/98 to resp to Pltf's 2nd amd cmp (cc: all counsel) (MAP) (Entered: 01/23/1998)
01-23-1998122DECLARATION of dft Gerald L Flanagan in support of motion to dismiss 2nd amended cmp by dft Gerald L Flanagan, dft Carl Ranno, dft Kristine Ranno, dft Scott Burge, dft Lee Burge [118-1] (MAP) (Entered: 01/26/1998)
01-23-1998123DECLARATION of dft Carl Ranno in support of motion to dismiss 2nd amended cmp by dft Gerald L Flanagan, dft Carl Ranno, dft Kristine Ranno, dft Scott Burge, dft Lee Burge [118-1] (MAP) (Entered: 01/26/1998)
01-23-1998124CERTIFICATE by Gerald L Flanagan, Carl Ranno, and Scitt Burge of mailing (MAP) (Entered: 01/26/1998)
01-27-1998125NOTICE OF SETTLEMENT filed by Duane Boyett, Jan Boyett, Martha Seldner, Paul Karon, Patricia Karon ; possible dism ddl set for 3/28/98 (MAP) (Entered: 01/29/1998)
02-02-1998126AMENDED DECLARATION by dft Carl Ranno re motion to dismiss 2nd amended cmp by dft Gerald L Flanagan, dft Carl Ranno, dft Kristine Ranno, dft Scott Burge, dft Lee Burge [118-1] [118-1] (former emp) (Entered: 02/03/1998)
02-05-1998127STIPULATION for pla's ext of time to file resp to mtn to dism (1st req) (former emp) (Entered: 02/06/1998)
02-05-1998128MOTION to dismiss 2nd amended cmp by dft Ted Sweeten [128-1] ,and/or for more definite statement by dft Ted Sweeten [128-2] (former emp) (Entered: 02/06/1998)
02-05-1998129NOTICE OF HEARING by dft Ted Sweeten setting motion to dismiss 2nd amended cmp by dft Ted Sweeten [128-1] at 1:30 7/27/98, setting motion for more definite statement by dft Ted Sweeten [128-2] at 1:30 7/27/98 (former emp) (Entered: 02/06/1998)
02-11-1998130ORDER by Judge Roslyn O. Silver granting stipulation that Pltf shl hv thru 2/27/98 to resp to Dft Peacock Hislop's motion to dismiss 2nd amd cmp (cc: all counsel) (MAP) (Entered: 02/11/1998)
02-24-1998131STIPULATION and Request for extension of time to file response to motion to dismiss and motion for more definite stmt (MAP) (Entered: 02/25/1998)
02-25-1998132STIPULATION for ext of time to file resp to dfts Flanagan, Ranno & Burges' mtn to dism 2nd amd cmp (former emp) (Entered: 02/26/1998)
02-26-1998133ORDER by Judge Roslyn O. Silver granting stipulation that Pltf may file a resp nlt 3/30/98 (cc: all counsel) (MAP) (Entered: 02/26/1998)
02-26-1998134STIPULATION for extension of time to file a response to Peacock Hislop's motion to dismiss Pltf's 2nd amd cmp (MAP) (Entered: 02/27/1998)
02-27-1998135ORDER by Judge Roslyn O. Silver granting stipulation that Carl John Oles may hv thru 4/6/98 to file his response brief to motion to dismiss 2nd amended complaint (cc: all counsel) (MAP) (Entered: 02/27/1998)
03-04-1998136ORDER by Judge Roslyn O. Silver granting stipulation extending time to file response in re: motion to dismiss Pltf's 2nd Amended Complaint by dft Peacock Hislop [113-1] [113-1] (cc: all counsel) (KMG) (Entered: 03/04/1998)
03-27-1998137RESPONSE by pla Carl John Oles to Dfts' Pretrial Order (MAP) (Entered: 03/30/1998)
03-31-1998138MOTION to exceed the page limit (response to motion to dismiss) by pla Carl John Oles [138-1] (lodged doc at Clk's desk) (MAP) (Entered: 04/02/1998)
04-02-1998139RESPONSE by pla Carl John Oles to motion to dismiss 2nd amended cmp by dft Ted Sweeten [128-1], motion for more definite statement by dft Ted Sweeten [128-2] (MAP) (Entered: 04/03/1998)
04-03-1998140ORDER by Judge Roslyn O. Silver granting motion to exceed the page limit (response to motion to dismiss) by pla Carl John Oles [138-1] (lodged doc at Clk's desk) (cc: all counsel) (MAP) (Entered: 04/03/1998)
04-03-1998141RESPONSE by pla Carl John Oles to motion to dismiss Pltf's 2nd Amended Complaint by dft Peacock Hislop [113-1] (MAP) (Entered: 04/03/1998)
04-07-1998142STIPULATION for extension of time to file a reply in support of dismiss (MAP) (Entered: 04/08/1998)
04-07-1998143MOTION to strike the Declarations of Carl Ranno and Gerald Flanagan by pla Carl John Oles [143-1] , to expedite consideration of motion to strike by pla Carl John Oles [143-2] (MAP) (Entered: 04/08/1998)
04-09-1998144ORDER by Judge Roslyn O. Silver granting stipulation that Dft Peacock Hislop shl hv until 6/29/98 to file its reply (cc: all counsel) (MAP) (Entered: 04/09/1998)
04-13-1998145STIPULATION for extension of time to file a reply in support of motion to dismiss (MAP) (Entered: 04/14/1998)
04-16-1998146ORDER by Judge Roslyn O. Silver granting stipulation that Dft Sweeten's reply in support of his motion to dismiss Pltf's 2nd Amended Complaint shl be due on 6/29/98 (cc: all counsel) (MAP) (Entered: 04/16/1998)
04-24-1998147RESPONSE by dft Gerald L Flanagan, dft Carl Ranno, dft Kristine Ranno, dft Scott Burge, dft Lee Burge to motion to strike the Declarations of Carl Ranno and Gerald Flanagan by pla Carl John Oles [143-1] (former emp) (Entered: 04/27/1998)
05-05-1998148MOTION to dismiss 2nd amended complaint by Richard Reese, Betty Lynne Reese [148-1] (MAP) (Entered: 05/07/1998)
05-05-1998149REPLY by pla Carl John Oles to response to motion to strike the Declarations of Carl Ranno and Gerald Flanagan by pla Carl John Oles [143-1] (MAP) (Entered: 05/07/1998)
05-13-1998150RESPONSE by Peacock Hislop to motion to strike the Declarations of Carl Ranno and Gerald Flanagan by pla Carl John Oles [143-1] (MAP) (Entered: 05/14/1998)
05-28-1998151MOTION for bar order (preventing any action for contribution by any other dft) by Dfts Boyett, Seldner and Karon [151-1] (MAP) (Entered: 05/29/1998)
06-01-1998152RESPONSE by pla Carl John Oles to motion to dismiss 2nd amended complaint by Richard Reese, Betty Lynne Reese [148-1] (MAP) (Entered: 06/03/1998)
06-11-1998153STIPULATION for extension of time to file a resp to Dft Boyetts' motion for entry of Bar Order (MAP) (Entered: 06/12/1998)
06-13-1998154ORDER by Judge Roslyn O. Silver granting stipulation that Peacock Hislop shl hv thru 6/8/98 to file its resp to Dft Boyetts' motion for entry of bar order (cc: all counsel) (MAP) (Entered: 06/13/1998)
06-18-1998155RESPONSE by dft Peacock Hislop to motion for bar order (preventing any action for contribution by any other dft) by Dfts Boyett, Seldner and Karon [151-1] (MAP) (Entered: 06/22/1998)
06-29-1998156REPLY by dft Ted Sweeten to response to motion to dismiss 2nd amended cmp by dft Ted Sweeten [128-1], motion for more definite statement by dft Ted Sweeten [128-2] (MAP) (Entered: 06/30/1998)
06-29-1998158MOTION to exceed the page limit (reply in support of its motion to dismiss 2nd amd cmp) by dft Peacock Hislop [158-1] (lodged pleading at Clk's desk) (MAP) (Entered: 06/30/1998)
06-30-1998157ORDER by Judge Roslyn O. Silver granting motion for bar order (preventing any action for contribution by any other dft) by Dfts Boyett, Seldner and Karon [151-1] (cc: all counsel) (MAP) (Entered: 06/30/1998)
07-02-1998159ORDER by Judge Roslyn O. Silver granting motion to exceed the page limit (reply in support of its motion to dismiss 2nd amd cmp) by dft Peacock Hislop [158-1] (MAP) (Entered: 07/02/1998)
07-02-1998160REPLY by dft Peacock Hislop to response to motion to dismiss Pltf's 2nd Amended Complaint by dft Peacock Hislop [113-1] (MAP) (Entered: 07/06/1998)
07-02-1998161STIPULATION to file reply to motion to dismiss (MAP) (Entered: 07/07/1998)
07-13-1998162ORDER by Judge Roslyn O. Silver granting motion to expedite consideration of motion to strike by pla Carl John Oles [143-2]; granting motion to strike the Declarations of Carl Ranno and Gerald Flanagan by pla Carl John Oles [143-1] Clk of Court shl strike docs. #122, 123, and 126 FO that Pltf file and srv his resp to Dfts' motion to dismiss nlt 7/17/98 FO Dfts file/srv reply nlt 7/23/98 FO Pltf's req for atty's fees and costs is denied (cc: all counsel) (MAP) (Entered: 07/13/1998)
07-17-1998163RESPONSE by pla Carl John Oles to motion to dismiss 2nd amended cmp by dfts Gerald L Flanagan, Carl Ranno, Kristine Ranno, Scott Burge, Lee Burge [118-1] (KMG) (Entered: 07/20/1998)
07-21-1998164STIPULATION to dismiss Dfts Boyett, Seldner and Karon (MAP) (Entered: 07/23/1998)
07-27-1998165ORDER by Judge Roslyn O. Silver granting stipulation dismissing w/prej the following Dfts: Duane Boyett, Jan Boyett, Luis Felipe Seldner, Martha Seldner, Patricia Karon, Paul Karon Ea pty to bear own costs and fees (cc: all counsel) (MAP) (Entered: 07/27/1998)
07-27-1998166MINUTE ENTRY Judge Inits: ROS Crt Rptr: Gary Moll Appearances: teresa D Farrison for Pla; Wm Scott Jenkins for Pla; David Jordon for Dft; Jeffrey McKee for dfts; Lee Johnson for Dft(present for first five minutes of hearing and excused to leave for other court hrg); Philip May. Motionhrg re: motion to dismiss 2nd amended complaint by Richard Reese, Betty Lynne Reese [148-1] [148-1], re: motion to dismiss 2nd amended cmp by dft Ted Sweeten [128-1] [128-1], re: motion for more definite statement by dft Ted Sweeten [128-2] re: motion to dismiss 2nd amended cmp by dft Gerald L Flanagan, dft Carl Ranno, dft Kristine Ranno, dft Scott Burge, dft Lee Burge[118-1], re: motion to dismiss Pltf's 2nd Amended Complaint by dft Peacock Hislop hrg held; Underadvisement [cc: JS [166-3] (PHR) (Entered: 07/27/1998)
08-03-1998167NOTICE by pla Carl John Oles of Dismissal of Count VIII of the 2nd Amended Complaint (MAP) (Entered: 08/05/1998)
08-07-1998168ORDER by Judge Roslyn O. Silver denying motion to dismiss Pltf's 2nd Amended Complaint by dft Peacock Hislop [113-1], denying motion to dismiss 2nd amended cmp by dft Gerald L Flanagan, dft Carl Ranno, dft Kristine Ranno, dft Scott Burge, dft Lee Burge [118-1] denying motion to dismiss 2nd amended cmp by dft Ted Sweeten [128-1], denying motion for more definite statement by dft Ted Sweeten [128-2], denying motion to dismiss 2nd amended complaint by Richard Reese, Betty Lynne Reese [148-1] (cc: all counsel) (MAP) (Entered: 08/07/1998)
08-20-1998169ANSWER to 2nd Amended Complaint by Gerald L Flanagan, Carl Ranno, Kristine Ranno, Scott Burge, Lee Burge (MAP) (Entered: 08/21/1998)
08-20-1998169COUNTERCLAIM by Gerald L Flanagan, Carl Ranno against pla Carl John Oles and Susan K Oles (MAP) (Entered: 08/21/1998)
08-20-1998170ANSWER to 2nd Amended Complaint by dft Ted Sweeten (MAP) (Entered: 08/21/1998)
08-24-1998171ANSWER to 2nd Amended complaint by Richard Reese, Betty Lynne Reese (MAP) (Entered: 08/26/1998)
08-27-1998172ORDER SETTING SCHEDULING CONFERENCE by Judge Roslyn O. Silver ; prel scheduling conf set for 3:00 11/2/98 (cc: all counsel) (MAP) (Entered: 08/27/1998)
08-28-1998173MOTION (ntc of appearance and application) to substitute attorney (Richard Segal for O'Rafferty and Jordan) by dft Peacock Hislop [173-1] (former emp) (Entered: 08/31/1998)
09-01-1998174ORDER by Judge Roslyn O. Silver granting motion to substitute attorney (Richard Segal in place of attys O'Rafferty and Jordan) by dft Peacock Hislop [173-1], withdrawing attorneys Garry Sean O'Rafferty and David Robert Jordan for Peacock Hislop and substituting attorney Richard A Segal (cc: all counsel) (MAP) (Entered: 09/01/1998)
09-03-1998175ANSWER to 2nd Amended Complaint by dft Peacock Hislop (MAP) (Entered: 09/04/1998)
09-08-1998176STIPULATION for extension of time to file a reply to Counterclaims of Flanagan and Ranno (MAP) (Entered: 09/10/1998)
09-09-1998177RETURN (AFFIDAVIT) OF SERVICE of by Gerald L Flanagan, Carl Ranno of Answer to 2nd Amended Complaint/Counterclaim upon Susan Oles (MAP) (Entered: 09/10/1998)
09-10-1998178ORDER by Judge Roslyn O. Silver granting stipulation that Plas (all) shall file their reply to the Counterclaims of Flanagan and Ranno nlt 9/15/98 (cc: all counsel) (MAP) (Entered: 09/10/1998)
09-16-1998179MOTION for more definite statement re counterclaim filed against them by Carl John Oles, Susan K Oles [179-1] (MAP) (Entered: 09/17/1998)
09-24-1998180MOTION for Rule 11 sanctions against Gerald L. Fanagan, Carl Ranno, Jeffrey McKee and Davis, McKee & Forshey, P.C. by pla Carl John Oles [180-1] (KMG) (Entered: 09/25/1998)
09-25-1998181NOTICE OF WITHDRAWAL by pla Carl John Oles of motion for Rule 11 sanctions (without rejudice to refile) against Gerald L. Fanagan, Carl Ranno, Jeffrey McKee and Davis, McKee & Forshey, P.C. by pla Carl John Oles [180-1] (KMG) (Entered: 09/28/1998)
10-13-1998182RESPONSE by counter-claimant Gerald L Flanagan, counter-claimant Carl Ranno to motion for more definite statement re counterclaim filed against them by Carl John Oles, Susan K Oles [179-1] (former emp) (Entered: 10/14/1998)
10-22-1998183REPLY by pla Carl John Oles to response to motion for more definite statement re counterclaim filed against them by Carl John Oles, Susan K Oles [179-1] (MAP) (Entered: 10/26/1998)
10-22-1998183MOTION to dismiss counterclaims of Cntclmts Flanagan and Ranno by pla Carl John Oles [183-1] (MAP) (Entered: 10/26/1998)
10-23-1998184PROPOSED CASE MANAGEMENT Plan (MAP) (Entered: 10/26/1998)
10-29-1998185MINUTE ORDER: Due to a conflict in the Court's schedule; IT IS ORDERED resetting the Rule 16 Scheduling Conference to Tuesday, November 10, 1998 at 3:00 p.m. before the Honorable Roslyn O. Silver in Courtroom #5, 6th floor. (cc: all counsel) [185-2] (CAD) (Entered: 10/29/1998)
11-10-1998186MINUTE ENTRY Judge Inits: ROS Crt Rptr: Gary Moll Appearances: William S Jenkins for Pla; Richard Segal, Jeffrey McKee, Philip May and Lee Johnson telephonic for Dfts. Prel scheduling conf held. Rule 16 hearing agenda reviewed. Rule 16 Order is to be submitted by 11/20/98. Parties are to submit the Rule 16 Order by 11/20/98. Counsel are to submit to the Court jointly and in writing if they wish to consent before the magistrate judge by 11/20/98. [cc: JS [186-2] (LCF) (Entered: 11/10/1998)
11-23-1998187INITIAL DISCLOSURE by dft Ted Sweeten (MAP) (Entered: 11/24/1998)
11-23-1998188NOTICE of Initial Disclosure by dft Peacock Hislop (MAP) (Entered: 11/24/1998)
11-23-1998189NOTICE of Initial Disclosure by pla Carl John Oles (MAP) (Entered: 11/24/1998)
11-24-1998190RULE 16 SCHEDULING ORDER by Judge Roslyn O. Silver ; discovery due 7/1/99 ; dispositive motions due 9/1/99 ; pretrial order due 11/1/99 (cc: all counsel) (MAP) (Entered: 11/24/1998)
11-24-1998191NOTICE OF VOLUNTARY DISMISSAL by Gerald L Flanagan, Carl Ranno of counterclaim w/out prej and w/reservation of rights to refile counterclaims [169-1] (terminanting counterclaimants Gerald Flanagan, Carl Ranno and Counterdefendants Carl Oles and Susal Oles) (MAP) (Entered: 11/25/1998)
11-24-1998192NOTICE by Richard Reese, Betty Lynne Reese of Servcie of Rule 26(a)(1) Initial Disclosures (MAP) (Entered: 11/25/1998)
11-25-1998193NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by dft Ted Sweeten (former emp) (Entered: 11/27/1998)
12-01-1998194NOTICE by dft Peacock Hislop OF TAKING DEPO OF Carl Johns Oles on the following date(s): 12/15/98 (MAP) (Entered: 12/02/1998)
12-01-1998195REPLY by pla Carl John Oles in support of motion for Rule 11 sanctions against Gerald L. Fanagan, Carl Ranno, Jeffrey McKee and Davis, McKee & Forshey, P.C. by pla Carl John Oles [180-1] [180-1] (MAP) (Entered: 12/02/1998)
12-01-1998196NOTICE of Initial Disclosure by Gerald L Flanagan, Carl Ranno, Scott Burge (MAP) (Entered: 12/02/1998)
12-02-1998197NOTICE by pla Carl John Oles of Service of 1st Supplemental Disclosure (MAP) (Entered: 12/03/1998)
12-07-1998198NOTICE by pla Carl John Oles of Service of 2nd Supplemental disclosure (MAP) (Entered: 12/08/1998)
12-18-1998199NOTICE by Richard Reese, Betty Lynne Reese of Service of Non-Uniform Interrogatories to Pla (MAP) (Entered: 12/21/1998)
12-24-1998200NOTICE of service of discovery by dft Peacock Hislop . (DMT) (Entered: 12/29/1998)
01-04-1999201NOTICE of compliance of First supplemental disclosure statement pursuant to FRCivP 26(a) by dft Gerald L Flanagan, dft Carl Ranno, dft Scott Burge (KMG) (Entered: 01/06/1999)
01-04-1999202FIRST SUPPLEMENTAL DISCLOSURE by dft Gerald L Flanagan, dft Carl Ranno, dft Scott Burge to [201-1] (KMG) (Entered: 01/06/1999)
01-05-1999203NOTICE OF SETTLEMENT filed by Carl John Oles, Dfts Richard Reese and Betty Lynne Reese ; possible dism ddl set for 3/6/99 (MAP) (Entered: 01/07/1999)
01-11-1999204NOTICE by pla Carl John Oles of Service of Discovery (MAP) (Entered: 01/12/1999)
01-13-1999205ORDER by Judge Roslyn O. Silver that this action shall be dismissed as to Reese Dfts ONLY by the Clk's Office w/out further notice on 2/5/99, unless thereto a request for reinstatement on the Court's trial calendar is filed.. possbl dsm ddl set for 2/5/99 (cc: all counsel) (MAP) (Entered: 01/13/1999)
01-14-1999206NOTICE of compliance of 1st suppl disclosure statement pursuant to FRCivP 26(a) by dft Ted Sweeten (former emp) (Entered: 01/14/1999)
01-14-1999207NOTICE by dft Ted Sweeten of svc of 1st suppl disclosure (former emp) (Entered: 01/14/1999)
01-14-1999208STIPULATION to dism dfts Richard Reese and Betty Lynne Reese w/prej by pla and dfts Reese (former emp) (Entered: 01/14/1999)
01-15-1999209ORDER by Judge Roslyn O. Silver granting stipulation to dism dfts Reese w/prej, each pty to bear own costs and attys' fees party Betty Lynne Reese, party Richard Reese (cc: all counsel) (former emp) (Entered: 01/15/1999)
01-19-1999210NOTICE of compliance of Second supplemental disclosure statement pursuant to FRCivP 26(a) by dft Gerald L Flanagan, dft Carl Ranno, dft Scott Burge (KMG) (Entered: 01/20/1999)
02-01-1999211MOTION for withdrawal of attorney (Philip G May) by dft Ted Sweeten [211-1] (Sweeten's address: 6909 Thompson Creek Rd, Applegate, OR 97530 541/846-6266) (MAP) (Entered: 02/04/1999)
02-08-1999213NOTICE by dft Peacock Hislop of Service of answers to non-uniform interrogatories and responses to Pla's requests for production of documents (MAP) Modified on 02/10/1999 (Entered: 02/10/1999)
02-09-1999212MINUTE ORDER setting motion for withdrawal of attorney (Philip G May) by dft Ted Sweeten [211-1] (Sweeten's address: 6909 Thompson Creek Rd, Applegate, OR 97530 541/846-6266) at 4:00 3/8/99. IT IS ORDERED that the dft Sweeten to be present by telephone. Mr. Sweeten is to call 602-514-7175 on 3/8/99 at 4:00 p.m., Arizona Time, for a in-court hearing before Judge Roslyn O. Silver, Courtroom #5, 6th Floor. (cc: all counsel/JS) [212-1] (LCF) (Entered: 02/09/1999) (LM)
02-09-1999214NOTICE by pla Carl John Oles of Service of Answers to non-uniform interrogatories and response to request for production of documents issued by Dfts (MAP) Modified on 02/10/1999 (Entered: 02/10/1999)
02-10-1999215ORDER by Judge Roslyn O. Silver denying as moot motion for more definite statement re counterclaim filed against them by Carl John Oles, Susan K Oles [179-1]; denying as moot motion to dismiss counterclaims of Cntclmts Flanagan and Ranno by pla Carl John Oles [183-1]; granting motion for Rule 11 sanctions against Gerald L. Fanagan, Carl Ranno, Jeffrey McKee and Davis, McKee & Forshey, P.C. by pla Carl John Oles [180-1] FURTHER ORDERED that Cntdfts provide w/in 10 days of the filing of this Order an affidavit setting forth atty's fees and costs incurred in connection w/the counterclaims filed against Cntdfts and all ancillary proceedings including the motion for more definite statement. motion to dismiss and motion for santions FURTHER ORDERED that Cntclmts file an objection to the calculation of amount of fees w/in 10 days alternatively, Cntclmts may opt for an Order to Show Cause hearing why they should not be sanctioned (cc: all counsel) (MAP) (Entered: 02/10/1999)
02-17-1999216WITNESS LIST by pla Carl John Oles (MAP) (Entered: 02/18/1999)
02-18-1999217NOTICE by Dfts Flanagan, Ranno, and Burge of Service of Answers to Non-Uniform Interrogatories; Dft Rannos' response to request for production of documents and Dft Flanagan's response to request for production of documents (MAP) (Entered: 02/19/1999)
02-24-1999218NOTICE of 3rd Supplemental Disclosure by Dfts Flanagan, Ranno and Burge (MAP) (Entered: 02/25/1999)
02-24-1999219AFFIDAVIT of T Dawn Farrison in support of Sanctions (re order [215-1]) (MAP) (Entered: 02/25/1999)
03-09-1999220MINUTE ENTRY Judge Inits: ROS Crt Rptr: Gary Moll. Appearances: Philip May for Dft. Ted Sweeten the Dft, appeared telephonic. Granting motion for withdrawal of attorney (Philip G May) by dft Sweeten [211-1] (Sweeten's address: 6909 Thompson Creek Applegate, OR 97530 541/846-6266) attorney Philip G May for Ted Sweeten [cc: JS [220-1] (LCF) (Entered: 03/09/1999)
03-11-1999221ORDER by Judge Roslyn O. Silver granting motion for withdrawal of attorney (Philip G May) by dft Ted Sweeten [211-1] (Sweeten's address: 6909 Thompson Creek Rd, Applegate, OR 97530 541/846-6266) (cc: all counsel) (MAP) (Entered: 03/11/1999)
03-26-1999222MOTION for reconsideration of Court's Order dated 2/10/99 granting Pla sanctions under ARS 12-341.01(C) and 12-349(A) Fed.R.Civ.P. by Dfts Flanagan, Ranno and Burge [222-1] (MAP) (Entered: 03/31/1999)
04-02-1999223ORDER by Judge Roslyn O. Silver that Pla file a response to Dft Flanagan and Ranno's motio nfor reconsideration of Court's Order dated 2/10/99 nlt 4/16/99 (cc: all counsel) re: order [223-1] (MAP) (Entered: 04/02/1999)
04-14-1999224MOTION (joint) for change in scheduling order by pla Carl John Oles, dft Peacock Hislop [224-1] (former emp) (Entered: 04/15/1999)
04-14-1999225RESPONSE by pla Carl John Oles to motion for reconsideration of Court's Order dated 2/10/99 granting Pla sanctions under ARS 12-341.01(C) and 12-349(A) Fed.R.Civ.P. by Dfts Flanagan, Ranno and Burge [222-1] (former emp) (Entered: 04/15/1999)
04-16-1999226ORDER by Judge Roslyn O. Silver granting motion for change in scheduling order by pla Carl John Oles, dft Peacock Hislop [224-1] Time for disclosure of Expert Witnesses by Dft Peacock Hislop Staley from 4/15/99 to 5/17/99 (cc: all counsel) (MAP) (Entered: 04/16/1999)
05-06-1999227ORDER by Judge Roslyn O. Silver that the parties furnish the Court with another Notice of the Status of Discovery or Settlement in 4 months from the date of this order (cc: all counsel) re: order [227-1] (MAP) (Entered: 05/06/1999)
05-14-1999228MOTION to extend scheduling order ddls by pla Carl John Oles [228-1] (MAP) (Entered: 05/17/1999)
06-04-1999229NOTICE by pla Carl John Oles of Service of 2nd Request forproduction of documents to Dft Peacock Hislop (MAP) (Entered: 06/07/1999)
06-11-1999230ORDER by Judge Roslyn O. Silver granting motion to extend scheduling order ddls by pla Carl John Oles [228-1]; discovery ddl set for 11/1/99 ; dispositive motions due 1/1/00 ; PTO ddl set for 3/1/00 (cc: all counsel) (MAP) (Entered: 06/11/1999)
07-02-1999231STIPULATION to dismiss certain Dfts (Peacock Hislop and Gerald Flanagan ONLY) by Pla Carl John Oles, and Dfts Peacock Hislop, Flanagan, Ranno, Burge (MAP) (Entered: 07/06/1999)
07-06-1999232ORDER by Judge Roslyn O. Silver granting stipulation dismissing w/prejudice Dfts Peacock Hislop, and Gerald L Flanagan ONLY w/out an award of costs or attys fees to any party (cc: all counsel) (MAP) (Entered: 07/06/1999)
07-15-1999233NOTICE by pla Carl John Oles of svc of req for production of docs on dfts Carl and Kristine Ranno (former emp) (Entered: 07/16/1999)
09-17-1999234ORDER by Judge Roslyn O. Silver that the parties furnish w/the Court another Notice of the Status of Discovery or Settlement in 4 months from the date of this Order FURTHER ORDERED counsel shall notify the Court if the parties agree to a settlement conference w/a magistrate judge (cc: all counsel) re: order [234-1] (MAP) (Entered: 09/17/1999)
01-20-2000235MINUTE ORDER IT IS ORDERED setting a status hearing for 1:30 on 2/16/00 before the Honorable Roslyn O. Silver, Courtroom #5, 6th Floor, United States Courthouse, Phoenix, Arizona. (cc: all counsel; CD) [235-2] (former emp) (Entered: 01/20/2000)
02-08-2000236ORDER by Judge Roslyn O. Silver denying motion for reconsideration of Court's Order dated 2/10/99 granting Pla sanctions under ARS 12-341.01(C) and 12-349(A) Fed.R.Civ.P. by Dfts Flanagan, Ranno and Burge [222-1] FURTHER ORDERED that counsel for Flanagan and ranno shall reimburse Pla in the amount of $3,552.91 for attys' fees incurred in addressing frivolous counterclaims filed by counsel (cc: all counsel) (MAP) (Entered: 02/08/2000)
02-16-2000237MINUTE ENTRY before Judge Roslyn O. Silver Crt Rptr: Gary Moll Appearances: William Jenkins for plaintiff. Jeffrey McKee for defendants Kristine Ranno and Scott Burge. Status hearing held: IT IS ORDERED counsel are to submit a joint Pretrial Order and motions in limine by 3/17/00. IT IS FURTHER ORDERED setting Final Pretrial Conference at 10:30 a.m. on 4/21/00. IT IS FURTHER ORDERED setting jury trial for 8:30 a.m. on 5/9/00. [cc: cnsl; CD] [237-5] (former emp) (Entered: 02/28/2000)
02-28-2000238MINUTE ORDER Due to a conflict with the Court's calendar, IT IS ORDERED resetting the time only of the Pretrial Conference set for 4/21/00 from 10:30 a.m. to 3:00 p.m. If this time is not satisfactory, counsel shall file a written motion to continue. (cc: all counsel) [238-2] (former emp) (Entered: 02/28/2000)
03-10-2000239STIPULATION to Dismiss Dfts Ranno and Burge by Pla, Dfts Carl Ranno, Kristine Ranno, Scott Burge, Lee Burge (MAP) (Entered: 03/14/2000)
03-13-2000240MOTION to dismiss claims against Dft Ted Sweeten pursuant to Rule 41(a)(2) by pla Carl John Oles [240-1] (MAP) (Entered: 03/14/2000)
03-16-2000241ORDER by Judge Roslyn O. Silver granting stipulation dismissing all of Plas' claims against Dfts Kristine Ranno, Carl Ranno, Lee Burge and Scott Burge, each side to bear own costs and attys' fees (cc: all counsel) (MAP) (Entered: 03/16/2000)
04-14-2000242ORDER by Judge Roslyn O. Silver granting motion to dismiss claims against Dft Ted Sweeten pursuant to Rule 41(a)(2) by pla Carl John Oles [240-1] FURTHER ORDERED vacating the pretrial conference set for 4/21/00 and jury trial sched for 5/9/00 terminating case (cc: all counsel) (MAP) (Entered: 04/14/2000)
04-14-2000243JUDGMENT: that this Court having granted Dft's motion to dismiss; Pla take nothing. This complaint and action are hereby dismissed (cc: all counsel) re: judgment [243-1] (MAP) (Entered: 04/14/2000)
04-26-2000244AMENDED JUDGMENT: (re: judgment 243 ) that this Court having granting Plaintiff's Motion to Dismiss; this complaint and action are hereby dismissed (cc: all counsel) (MAP) (Entered: 04/26/2000)

© 2009, LegalMetric. All rights reserved.  
HOME   PRODUCTS   ABOUT US   CONTACT