Ryskamp v. Looney

Federal Civil Lawsuit Colorado District Court, Case No. 1:10-cv-00842
District Judge William J. Martinez, presiding
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District Judge William J. Martinez
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Summary

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Parties
No Logo Denis Ryskamp, Plaintiff

Represented by Shuman Law Firm,

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Rusty Evan Glenn +1 303 861 3003 +1 303 484 4886 rusty@shumanlawfirm.com
ATTORNEY TO BE NOTICED Kip B. Shuman +1 303 861 3003 +1 303 484 4886 kip@shumanlawfirm.com

Represented by Statman Harris & Eyrich, LLC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Brian T Giles +1 513 621 2666 +1 513 621 4896 bgiles@statmanharris.com
ATTORNEY TO BE NOTICED Jeffrey Phillip Harris +1 513 621 2666 +1 513 621 4896 jharris@statmanharris.com
TERMINATED: 06/10/2011 Melinda S. Nenning +1 513 621 2666 +1 513 621 4896 mnenning@statmanharris.com
ATTORNEY TO BE NOTICED Alan J. Statman +1 513 621 2666 +1 513 587 4475 ajstatman@statmanharris.com
v.
No Logo Boulder Growth & Income Fund, Inc., Defendant

Represented by Paul Hastings LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Daniel Scott Carlton +1 213 683 6113 +1 213 627 0705 scottcarlton@paulhastings.com
ATTORNEY TO BE NOTICED William F Sullivan +1 858 720 2500 +1 858 720 2500 wmfsullivan@gmail.com

Represented by Sherman & Howard, LLC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Christian Heath Hendrickson +1 303 299 8306 +1 303 298 0940 chendrickson@shermanhoward.com
No Logo Boulder Investment Advisers, LLC, Defendant

Represented by Morrison & Foerster, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Judson E. Lobdell +1 415 268 6717 +1 415 268 7522 jlobdell@mofo.com
No Logo Carl D. Johns, Defendant

Represented by Herrick Feinstein LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Laura Stacey Perlov +1 212 592 5962 +1 212 545 3394 lperlov@herrick.com

Represented by Holland & Hart LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Michael R MacPhail +1 303 607 3500 +1 303 607 3600 michael.macphail@faegrebd.com
No Logo Dean L. Jacobson, Defendant

Represented by Paul Hastings LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Daniel Scott Carlton +1 213 683 6113 +1 213 627 0705 scottcarlton@paulhastings.com
ATTORNEY TO BE NOTICED William F Sullivan +1 858 720 2500 +1 858 720 2500 wmfsullivan@gmail.com

Represented by Sherman & Howard, LLC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Christian Heath Hendrickson +1 303 299 8306 +1 303 298 0940 chendrickson@shermanhoward.com
No Logo Fund Administrative Services, LLC, Defendant

Represented by Morrison & Foerster, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Judson E. Lobdell +1 415 268 6717 +1 415 268 7522 jlobdell@mofo.com
No Logo Joel L. Terwilliger, Defendant

Represented by Morrison & Foerster, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Randall J. Fons +1 303 592 2257 +1 303 592 1510 rfons@mofo.com
ATTORNEY TO BE NOTICED Judson E. Lobdell +1 415 268 6717 +1 415 268 7522 jlobdell@mofo.com
ATTORNEY TO BE NOTICED Nicole K. Serfoss +1 303 592 1500 +1 303 592 1510 nserfoss@mofo.com
No Logo Joel Terwilliger, Defendant

Represented by Morrison & Foerster, LLP

Name Phone Fax E-Mail
Space Jordan Eth +1 415 268 7126 +1 415 268 7522 jeth@mofo.com
Space Randall J. Fons +1 303 592 2257 +1 303 592 1510 rfons@mofo.com
ATTORNEY TO BE NOTICED Judson E. Lobdell +1 415 268 6717 +1 415 268 7522 jlobdell@mofo.com
Space Nicole K. Serfoss +1 303 592 1500 +1 303 592 1510 nserfoss@mofo.com
No Logo Joel W. Looney, Defendant

Represented by Paul Hastings LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Daniel Scott Carlton +1 213 683 6113 +1 213 627 0705 scottcarlton@paulhastings.com
ATTORNEY TO BE NOTICED William F Sullivan +1 858 720 2500 +1 858 720 2500 wmfsullivan@gmail.com

Represented by Sherman & Howard, LLC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Christian Heath Hendrickson +1 303 299 8306 +1 303 298 0940 chendrickson@shermanhoward.com
No Logo John S. Horejsi, Defendant

Represented by Messner & Reeves LLC

Name Phone Fax E-Mail
TERMINATED: 02/15/2011 Matthew R. Groves +1 303 623 1800 +1 303 623 0552 mgroves@messner.com
ATTORNEY TO BE NOTICED Edward J. Hafer +1 303 623 1800 +1 303 623 0552 ehafer@messner.com
ATTORNEY TO BE NOTICED Bruce A. Montoya +1 303 623 1800 +1 303 623 0552 bmontoya@messner.com
No Logo Richard I. Barr, Defendant

Represented by Paul Hastings LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Daniel Scott Carlton +1 213 683 6113 +1 213 627 0705 scottcarlton@paulhastings.com
ATTORNEY TO BE NOTICED William F Sullivan +1 858 720 2500 +1 858 720 2500 wmfsullivan@gmail.com

Represented by Sherman & Howard, LLC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Christian Heath Hendrickson +1 303 299 8306 +1 303 298 0940 chendrickson@shermanhoward.com
No Logo Stephen C Miller, Defendant

Represented by Morrison & Foerster, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Judson E. Lobdell +1 415 268 6717 +1 415 268 7522 jlobdell@mofo.com
No Logo Stewart Investment Advisers, Defendant

Represented by Morrison & Foerster, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Judson E. Lobdell +1 415 268 6717 +1 415 268 7522 jlobdell@mofo.com
No Logo Stewart R. Horejsi, Defendant

Represented by Morrison & Foerster, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Judson E. Lobdell +1 415 268 6717 +1 415 268 7522 jlobdell@mofo.com
No Logo Susan L. Ciciora, Defendant

Represented by Messner & Reeves LLC

Name Phone Fax E-Mail
TERMINATED: 02/15/2011 Matthew R. Groves +1 303 623 1800 +1 303 623 0552 mgroves@messner.com
ATTORNEY TO BE NOTICED Edward J. Hafer +1 303 623 1800 +1 303 623 0552 ehafer@messner.com
ATTORNEY TO BE NOTICED Bruce A. Montoya +1 303 623 1800 +1 303 623 0552 bmontoya@messner.com
No Logo The Ernest Horejsi Trust No. 1B, Defendant

Represented by Messner & Reeves LLC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Edward J. Hafer +1 303 623 1800 +1 303 623 0552 ehafer@messner.com
ATTORNEY TO BE NOTICED Bruce A. Montoya +1 303 623 1800 +1 303 623 0552 bmontoya@messner.com
Attributes
Citation Section 28 U.S.C. § 1332
Nature of Suit 160 - Contract: Stockholders' Suits
Timeline
  Entries (288) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 288 Filed: 8/22/2012, Entered: None Court Filing
FINAL JUDGMENT AND ORDER OF DISMISSAL by Clerk and approved by Judge William J. Martinez, re: 284 Order. By Clerk on 8/22/12. (mnfsl, ) (Entered: 08/22/2012)
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Legal Document (Payment Possibly Required) 287 Filed: 8/20/2012, Entered: None
Unopposed MOTION for Judgment re 284 Order on Motion for Attorney Fees,,, Order on Motion for Order,, / Motion for Entry of Final Judgment by Defendants Richard I. Barr, Boulder Growth & Income Fund, Inc., Dean L. Jacobson, Joel W. Looney. (Attachments: # 1 Exhibit A - [Proposed] Final Judgment and Order of Dismissal)(Sullivan, William) (Entered: 08/20/2012)
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Legal Document (Payment Possibly Required) 285 Filed: 8/15/2012, Entered: None Court Filing
TRANSCRIPT of Hearing on Derivative Litigation Settlement held on July 31, 2012 before Judge William J. Martinez. Pages: 1-36. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. Release of Transcript Restriction set for 11/16/2012. (Coppock, Janet) (Entered: 08/15/2012)
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Legal Document (Payment Possibly Required) 286 Filed: 8/14/2012, Entered: None
Civil Case Terminated pursuant to the 284 Order 8/14/2012. Text Only Entry (ervsl, ) (Entered: 08/15/2012)
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Legal Document (Payment Possibly Required) 284 Filed: 8/14/2012, Entered: None Court Filing
ORDER Issuing Final Approval of Derivative Litigation Settlement and Granting Application for Award of Attorney's Fees and Expenses and Plaintiff's Award. Plaintiff's Unopposed Motion for Final Approval of Derivative Litigation Settlement 267 is GRANTED. Plaintiff's Application for Award of Attorneys' Fees and Expenses and Plaintiff's Award 261 is GRANTED. The Court ISSUES final approval of the Stipulation and Agreement of Settlement entered into between the parties to this action ( 253 -1). This action is DISMISSED WITH PREJUDICE, subject only to the Court's continuing jurisdiction to enforce the terms of the parties settlement, by Judge William J. Martinez on 8/14/12.(sgrim) (Entered: 08/14/2012)
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Legal Document (Payment Possibly Required) 282 Filed: 7/31/2012, Entered: None Court Filing
MINUTE ENTRY for proceedings held before Judge William J. Martinez: In Court Hearing held on 7/31/2012. ORDERED: Plaintiff's Unopposed Motion for Final Approval of Derivative Litigation Settlement 267 and Plaintiff's Application for Award of Attorneys Fees and Expenses and Plaintiffs Award 261 are TAKEN UNDER ADVISEMENT. The Court will issue a written order. Court Reporter: Janet Coppock. (wjmcd, ) (Entered: 07/31/2012)
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Legal Document (Payment Possibly Required) 283 Filed: 7/30/2012, Entered: None
Objection REPLY to 278 Response, 279 Response by Interested Parties Dan Plettner, Eileen Plettner. (ervsl, ) (Entered: 07/31/2012)
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Legal Document (Payment Possibly Required) 281 Filed: 7/26/2012, Entered: None Court Filing
JOINDER re 277 Reply, by Defendant Carl D. Johns. (MacPhail, Michael) (Modified on 7/27/2012 Changed to Joinder pursuant to a request from the Judge's Chambers)(ervsl, ). (Entered: 07/26/2012)
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Legal Document (Payment Possibly Required) 280 Filed: 7/25/2012, Entered: None Court Filing
JOINDER re 277 Reply, by Defendants Susan L. Ciciora, The Ernest Horejsi Trust No. 1B, John S. Horejsi. (Ahn, Wee) (Modified on 7/25/2012 Termed Motion pursuant to the Judge's Chambers)(ervsl, ). (Entered: 07/25/2012)
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Legal Document (Payment Possibly Required) 279 Filed: 7/24/2012, Entered: None
RESPONSE to 270 Objections, 271 Objections, 266 Objections to Proposed Shareholder Derivative Settlement by Defendants Richard I. Barr, Boulder Growth & Income Fund, Inc., Dean L. Jacobson, Joel W. Looney. (Sullivan, William) (Entered: 07/24/2012)
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Legal Document (Payment Possibly Required) 278 Filed: 7/24/2012, Entered: None
RESPONSE to 276 Letter, 271 Objections, 266 Objections Plaintiff's Response to Objections of Eric Boughton and Dan Plettner and Eileen Plettner to Proposed Derivative Settlement by Plaintiff Denis Ryskamp. (Harris, Jeffrey) (Entered: 07/24/2012)
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Legal Document (Payment Possibly Required) 277 Filed: 7/23/2012, Entered: None
REPLY to 271 Objections, 266 Objections to the Proposed Settlement by Defendants Boulder Investment Advisers, LLC, Fund Administrative Services, LLC, Stewart R. Horejsi, Stephen C Miller, Stewart Investment Advisers, Joel L. Terwilliger. (Lobdell, Judson) (Entered: 07/23/2012)
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Legal Document (Payment Possibly Required) 276 Filed: 7/20/2012, Entered: None
LETTER by Interested Party Fay Stein. (dkals, ) (Entered: 07/20/2012)
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Legal Document (Payment Possibly Required) 275 Filed: 7/16/2012, Entered: None
DECLARATION of D. Scott Carlton Re: Proof of Notice Dissemination and Publication by Defendants Richard I. Barr, Boulder Growth & Income Fund, Inc., Dean L. Jacobson, Joel W. Looney. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Carlton, Daniel) (Entered: 07/16/2012)
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Legal Document (Payment Possibly Required) 274 Filed: 7/16/2012, Entered: None Court Filing
MINUTE ORDER granting 272 Unopposed Motion to Withdraw Edward J. Hafer. Attorney Edward J. Hafer terminated. By Magistrate Judge Kristen L. Mix on 7/16/12.(mnfsl, ) (Entered: 07/16/2012)
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Legal Document (Payment Possibly Required) 273 Filed: 7/16/2012, Entered: None Court Filing
MEMORANDUM regarding 272 Unopposed MOTION to Withdraw as Attorney Edward J. Hafer filed by Susan L. Ciciora, John S. Horejsi, The Ernest Horejsi Trust No. 1B. Motion referred to Magistrate Judge Kristen L. Mix by Judge William J. Martinez on 07/16/2012. Text Only Entry (wjmsec, ) (Entered: 07/16/2012)
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Legal Document (Payment Possibly Required) 272 Filed: 7/16/2012, Entered: None
Unopposed MOTION to Withdraw as Attorney Edward J. Hafer by Defendants Susan L. Ciciora, The Ernest Horejsi Trust No. 1B, John S. Horejsi. (Attachments: # 1 Proposed Order (PDF Only))(Ahn, Wee) (Entered: 07/16/2012)
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Legal Document (Payment Possibly Required) 271 Filed: 7/12/2012, Entered: None
OBJECTION to Proposed Derivative Settlement by Interested Parties Dan Plettner, Eileen Plettner. (Attachments: # 1 Part 2)(mnfsl, ) (Entered: 07/13/2012)
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Legal Document (Payment Possibly Required) 270 Filed: 7/12/2012, Entered: None
OBJECTIONS to Settlement by Interested Parties Dan Plettner, Eileen Plettner. (Attachments: # 1 Part 2, # 2 Part 3, # 3 Part 4)(sahsl, ) (Entered: 07/12/2012)
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Legal Document (Payment Possibly Required) 269 Filed: 7/11/2012, Entered: None Court Filing
ORDER granting Interested Parties Dan Plettner and Eileen Plettner's Motion for Exception to Local Rule 5.1 268 . The Interested Parties' Motion is GRANTED. The Inerested Parties' Objection to the Proposed Settlement Agreement is ACCEPTED as filed [268-1] [268-2] [268-3] and [268-4]. SO ORDERED by Judge William J. Martinez on 07/11/2012. Text Only Entry(wjmsec, ) (Entered: 07/11/2012)
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Legal Document (Payment Possibly Required) 268 Filed: 7/10/2012, Entered: None
MOTION for Exception to Local Rule 5.1 Fax Filings by Interested Parties Dan Plettner, Eileen Plettner. (Attachments: # 1 Objection Part 1, # 2 Objection Part 2, # 3 Objection Part 3, # 4 Objection Part 4)(sahsl, ) (Entered: 07/11/2012)
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Legal Document (Payment Possibly Required) 267 Filed: 7/10/2012, Entered: None
Unopposed MOTION for Order to Plaintiff's Unopposed Motion for Final Approval of Derivative Litigation Settlement by Plaintiff Denis Ryskamp. (Attachments: # 1 Proposed Order (PDF Only))(Harris, Jeffrey) (Entered: 07/10/2012)
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Legal Document (Payment Possibly Required) 266 Filed: 7/9/2012, Entered: None
OBJECTIONS to Settlement by Eric Boughton. (sahsl, ) (Main Document 266 replaced on 7/10/2012) (sahsl, ). Modified on 7/10/2012 to attach the correct pdf. (sahsl, ). (Entered: 07/09/2012)
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Legal Document (Payment Possibly Required) 265 Filed: 7/2/2012, Entered: None
NOTICE re 262 Brief in Support of Motion, Plaintiff's Notice of Clarification by Plaintiff Denis Ryskamp (Harris, Jeffrey) (Entered: 07/02/2012)
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Legal Document (Payment Possibly Required) 264 Filed: 6/20/2012, Entered: None
DECLARATION of Kip B. Shuman of The Shuman Law Firm regarding Brief in Support of Motion, 262, MOTION for Attorney Fees Plaintiff's Application for Award of Attorneys' Fees and Expenses and Plaintiff's Award 261 by Plaintiff Denis Ryskamp. (Attachments: # 1 Exhibit Exhibit 1 - Shuman Firm Resume)(Harris, Jeffrey) (Entered: 06/20/2012)
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Legal Document (Payment Possibly Required) 263 Filed: 6/20/2012, Entered: None
DECLARATION of Jeffrey P. Harris regarding Brief in Support of Motion, 262, MOTION for Attorney Fees Plaintiff's Application for Award of Attorneys' Fees and Expenses and Plaintiff's Award 261 by Plaintiff Denis Ryskamp. (Attachments: # 1 Exhibit Exhibit 1 - Part 1 Statman Fee Schedule, # 2 Exhibit Exhibit 1 - Part 2 Statman Fee Schedule, # 3 Exhibit Exhibit 2 Statman Firm Resume)(Harris, Jeffrey) (Entered: 06/20/2012)
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Legal Document (Payment Possibly Required) 262 Filed: 6/20/2012, Entered: None
BRIEF in Support of 261 MOTION for Attorney Fees Plaintiff's Application for Award of Attorneys' Fees and Expenses and Plaintiff's Award filed by Plaintiff Denis Ryskamp. (Attachments: # 1 Exhibit Exhibit A - Plaintiff's Time and Expenses)(Harris, Jeffrey) (Entered: 06/20/2012)
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Legal Document (Payment Possibly Required) 261 Filed: 6/20/2012, Entered: None
MOTION for Attorney Fees Plaintiff's Application for Award of Attorneys' Fees and Expenses and Plaintiff's Award by Plaintiff Denis Ryskamp. (Attachments: # 1 Proposed Order (PDF Only))(Harris, Jeffrey) (Entered: 06/20/2012)
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Legal Document (Payment Possibly Required) 260 Filed: 6/14/2012, Entered: None Court Filing
ORDER granting Plaintiff's Unopposed Motion for Page Extension on Plaintiff's Memorandum of Law In Support of Application for Award of Attorneys' Fees and Expenses and Plaintiff's Award 259 . Plaintiff's motion is GRANTED for good cause shown. Plaintiff's Memorandum shall not exceed 25 pages, exclusive of signature blocks and certificate of service. SO ORDERED by Judge William J. Martinez on 06/14/2012. Text Only Entry(wjmsec, ) (Entered: 06/14/2012)
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Legal Document (Payment Possibly Required) 259 Filed: 6/14/2012, Entered: None
Unopposed MOTION for Leave to File Excess Pages Unopposed Motion for Page Extension on Plaintiff's Memorandum of Law in Support of Application for Award of Attorneys' Fees and Expenses and Plaintiff's Award by Plaintiff Denis Ryskamp. (Harris, Jeffrey) (Entered: 06/14/2012)
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Legal Document (Payment Possibly Required) 258 Filed: 5/29/2012, Entered: None
LETTER re: 256 from Wolverton Securities LTD., 17th Floor, 777 Dunsmuir Street, Vancouver, B.C., Canada V7Y 1J5 (wjmcd, ) (Entered: 05/29/2012)
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Legal Document (Payment Possibly Required) 257 Filed: 4/20/2012, Entered: None
NOTICE of Entry of Appearance by Wee Yeong Ahn on behalf of Susan L. Ciciora, The Ernest Horejsi Trust No. 1B, John S. Horejsi (Ahn, Wee) (Entered: 04/20/2012)
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Legal Document (Payment Possibly Required) 256 Filed: 4/20/2012, Entered: None Court Filing
ORDER Preliminary Approving Derivative Litigation Settlement and Providing for Notice of Settlement. Plaintiffs Unopposed Motion for Preliminary Approval of Derivative Litigation Settlement ECF No. 252, is GRANTED. A hearing (the Settlement Hearing) shall be held before this Court on July 31, 2012 at 9:00 a.m. in Courtroom A801 at the Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado 80294-3289; The stay issued on January 25, 2012 pending the parties filing of settlement papers is hereby LIFTED; and The two pending Motions to Dismiss filed on December 16, 2011 ECF No. 196, 198, are DENIED WITHOUT PREJUDICE AS MOOT, by Judge William J. Martinez on 4/20/2012.(ervsl, ) (Entered: 04/20/2012)
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Legal Document (Payment Possibly Required) 255 Filed: 3/28/2012, Entered: None
NOTICE re 252 Unopposed MOTION for Order to Preliminarily Approve Settlement by Plaintiff Denis Ryskamp (Attachments: # 1 Proposed Order (PDF Only))(Harris, Jeffrey) (Entered: 03/28/2012)
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Legal Document (Payment Possibly Required) 254 Filed: 3/27/2012, Entered: None Court Filing
MINUTE ORDER Denying as moot 207 Defendants' Motion for Order to Sequence Proceedings, by Magistrate Judge Kristen L. Mix on 3/27/2012.(ervsl, ) (Entered: 03/27/2012)
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Legal Document (Payment Possibly Required) 253 Filed: 3/26/2012, Entered: None
BRIEF in Support of 252 Unopposed MOTION for Order to Preliminarily Approve Settlement filed by Plaintiff Denis Ryskamp. (Attachments: # 1 Exhibit Stipulation of Settlement, # 2 Proposed Order (PDF Only) Proposed Final Judgment, # 3 Proposed Order (PDF Only) Proposed Order Granting Preliminary Approval of Settlement, # 4 Exhibit Notice of Settlement, # 5 Exhibit Summary Notice of Settlement, # 6 Exhibit Wire Instructions, # 7 Exhibit Code of Ethics)(Harris, Jeff)) (Modified on 3/28/2012 corrected attorney who signed the document)(ervsl, ). (Entered: 03/26/2012)
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Legal Document (Payment Possibly Required) 252 Filed: 3/26/2012, Entered: None
Unopposed MOTION for Order to Preliminarily Approve Settlement by Plaintiff Denis Ryskamp. (Harris, Jeff) (Modified on 3/28/2012 Corrected attorney who filed document)(ervsl, ). (Entered: 03/26/2012)
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Legal Document (Payment Possibly Required) 251 Filed: 3/26/2012, Entered: None
NOTICE of Settlement Unopposed Motion for Preliminary Approval of Derivative Litigation Settlement by Plaintiff Denis Ryskamp (Nenning, Melinda) (Modified on 3/28/2012 Filed in Error, refiled at 252 )(ervsl, ). (Entered: 03/26/2012)
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Legal Document (Payment Possibly Required) 250 Filed: 3/15/2012, Entered: None Court Filing
MINUTE ORDER granting 248 Motion to Withdraw as Attorney for Plaintiff. Attorney Rusty E. Glenn and Kip Brian Shuman terminated, by Magistrate Judge Kristen L. Mix on 3/15/2012.(ervsl, )(Modified on 3/26/2012 Corrected Attorney withdrawl from Giles to Glenn)(ervsl, ). (Entered: 03/15/2012)
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Legal Document (Payment Possibly Required) 249 Filed: 3/15/2012, Entered: None Court Filing
MEMORANDUM regarding 248 Unopposed MOTION to Withdraw as Attorney filed by Denis Ryskamp. Motion referred to Magistrate Judge Kristen L. Mix by Judge William J. Martinez on 03/15/2012. Text Only Entry (wjmsec, ) (Entered: 03/15/2012)
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Legal Document (Payment Possibly Required) 248 Filed: 3/15/2012, Entered: None
Unopposed MOTION to Withdraw as Attorney by Plaintiff Denis Ryskamp. (Attachments: # 1 Proposed Order (PDF Only))(Shuman, Kip) (Entered: 03/15/2012)
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Legal Document (Payment Possibly Required) 247 Filed: 3/7/2012, Entered: None Court Filing
MINUTE ORDER granting 245 Unopposed Joint Motion for Extension of Time to File Settlement Papers; Dismissal Paper due by 3/26/2012, by Magistrate Judge Kristen L. Mix on 3/7/2012.(ervsl, ) (Entered: 03/07/2012)
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Legal Document (Payment Possibly Required) 246 Filed: 3/7/2012, Entered: None Court Filing
MEMORANDUM regarding 245 Unopposed MOTION for Extension of Time to File Settlement Papers filed by Boulder Growth & Income Fund, Inc., Dean L. Jacobson, Richard I. Barr, Joel W. Looney. Motion referred to Magistrate Judge Kristen L. Mix by Judge William J. Martinez on 03/07/2012. Text Only Entry (wjmsec, ) (Entered: 03/07/2012)
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Legal Document (Payment Possibly Required) 245 Filed: 3/7/2012, Entered: None
Unopposed MOTION for Extension of Time to File Settlement Papers by Defendants Richard I. Barr, Boulder Growth & Income Fund, Inc., Dean L. Jacobson, Joel W. Looney. (Attachments: # 1 Proposed Order (PDF Only) Granting Unopposed Joint Motion for Extension of Time to File Settlement Papers)(Sullivan, William) (Entered: 03/07/2012)
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Legal Document (Payment Possibly Required) 244 Filed: 2/7/2012, Entered: None Court Filing
MINUTE ORDER granting 242 Motion to Withdraw as Attorney for Defendant Carl D. Johns. Attorney Laura Stacey Perlov terminated by Magistrate Judge Kristen L. Mix on 2/7/2012.(ervsl, ) (Entered: 02/07/2012)
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Legal Document (Payment Possibly Required) 243 Filed: 2/2/2012, Entered: None Court Filing
MEMORANDUM regarding 242 Unopposed MOTION to Withdraw as Attorney filed by Carl D. Johns. Motion referred to Magistrate Judge Kristen L. Mix by Judge William J. Martinez on 02/02/2012. Text Only Entry (wjmsec, ) (Entered: 02/02/2012)
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Legal Document (Payment Possibly Required) 242 Filed: 2/2/2012, Entered: None
Unopposed MOTION to Withdraw as Attorney by Defendant Carl D. Johns. (Attachments: # 1 Proposed Order (PDF Only))(Perlov, Laura) (Entered: 02/02/2012)
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Legal Document (Payment Possibly Required) 241 Filed: 2/2/2012, Entered: None
NOTICE of Withdrawal of Counsel by Defendant Carl D. Johns (Perlov, Laura) (Entered: 02/02/2012)
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Legal Document (Payment Possibly Required) 240 Filed: 2/1/2012, Entered: None
NOTICE of Change of Address and Firm Affiliation by Michael Ross MacPhail (MacPhail, Michael) (Entered: 02/01/2012)
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Legal Document (Payment Possibly Required) 239 Filed: 1/30/2012, Entered: None Court Filing
MINUTE ORDER granting 231 Plaintiffs Renewed Unopposed Motion to Restrict Access to Plaintiffs Opposition to Susan L. Cicioras and John S. Horejsis Motion to Dismiss Pursuant to F.R.C.P. 8(a), 9(b) and 12(b)(6). IT IS FURTHER ORDERED that the Clerk of the Court is directed to maintain the following document UNDER SEAL at a LEVEL 1 access restriction:1 Plaintiffs Opposition to Defendants Susan L. Cicioras and John S. Horejsis Motion to Dismiss Pursuant to F.R.C.P. 8(a), 9(b) and 12(b)(6) 230, by Magistrate Judge Kristen L. Mix on 1/30/2011.(ervsl, ) (Entered: 01/30/2012)
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Legal Document (Payment Possibly Required) 238 Filed: 1/25/2012, Entered: None Court Filing
MINUTE ORDER Denying as moot 209 Initial Motion to Stay; granting 236 Motion to Stay and all discovery is STAYED through and including March 12, 2012. IT IS FURTHER ORDERED that all pending Answer deadlines and the Scheduling Conference set for February 13, 2011 at 10:30 a.m. are VACATED, by Magistrate Judge Kristen L. Mix on 1/25/2012.(ervsl, ) (Entered: 01/25/2012)
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Legal Document (Payment Possibly Required) 237 Filed: 1/25/2012, Entered: None Court Filing
MEMORANDUM regarding 236 Unopposed MOTION to Stay Proceedings Pending Settlement Approval filed by Stewart R. Horejsi, Boulder Growth & Income Fund, Inc., Joel L. Terwilliger, Fund Administrative Services, LLC, John S. Horejsi, Boulder Investment Advisers, LLC, Stephen C Miller, Denis Ryskamp, Stewart Investment Advisers, The Ernest Horejsi Trust No. 1B, Joel W. Looney, Dean L. Jacobson, Susan L. Ciciora, Richard I. Barr, Carl D. Johns. Motion referred to Magistrate Judge Kristen L. Mix by Judge William J. Martinez on 01/25/2012. Text Only Entry (wjmsec, ) (Entered: 01/25/2012)
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Legal Document (Payment Possibly Required) 236 Filed: 1/25/2012, Entered: None
Unopposed MOTION to Stay Proceedings Pending Settlement Approval by Defendants Richard I. Barr, Boulder Growth & Income Fund, Inc., Boulder Investment Advisers, LLC, Susan L. Ciciora, The Ernest Horejsi Trust No. 1B, Fund Administrative Services, LLC, John S. Horejsi, Stewart R. Horejsi, Dean L. Jacobson, Carl D. Johns, Joel W. Looney, Stephen C Miller, Stewart Investment Advisers, Joel L. Terwilliger, Plaintiff Denis Ryskamp. (Attachments: # 1 Proposed Order (PDF Only))(Lobdell, Judson) (Entered: 01/25/2012)
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Legal Document (Payment Possibly Required) 235 Filed: 1/20/2012, Entered: None
RESPONSE to 198 Defendant Susan L. Ciciora's and John S. Horejsi's MOTION to Dismiss Pursuant to F.R.C.P. 8(a), 9(b), and 12(b)(6) filed by Plaintiff Denis Ryskamp. (Public Entry for Restricted Document at level 1 230, filed 1/20/2012) TEXT ONLY ENTRY (ervsl, ) (Entered: 01/23/2012)
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Legal Document (Payment Possibly Required) 234 Filed: 1/20/2012, Entered: None
CERTIFICATE of Mailing/Service re 230 Restricted Document - Level 1, 219 Restricted Document - Level 1, 214 Restricted Document - Level 1 by Plaintiff Denis Ryskamp. (Shuman, Kip) (Entered: 01/20/2012)
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Legal Document (Payment Possibly Required) 233 Filed: 1/20/2012, Entered: None Court Filing
MEMORANDUM regarding 231 Renewed MOTION for Order to Restrict Access to Plaintiff's Opposition to Susan L. Ciciora's and John S. Horejsi's Motion to Dismiss Pursuant to F.R.C.P. 8(a), 9(b) and 12(b)(6) filed by Denis Ryskamp. Motion referred to Magistrate Judge Kristen L. Mix by Judge William J. Martinez on 01/20/2012. Text Only Entry (wjmsec, ) (Entered: 01/20/2012)
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Legal Document (Payment Possibly Required) 232 Filed: 1/20/2012, Entered: None
BRIEF in Support of 231 Renewed MOTION for Order to Restrict Access to Plaintiff's Opposition to Susan L. Ciciora's and John S. Horejsi's Motion to Dismiss Pursuant to F.R.C.P. 8(a), 9(b) and 12(b)(6) filed by Plaintiff Denis Ryskamp. (Shuman, Kip) (Entered: 01/20/2012)
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Legal Document (Payment Possibly Required) 231 Filed: 1/20/2012, Entered: None
Renewed MOTION for Order to Restrict Access to Plaintiff's Opposition to Susan L. Ciciora's and John S. Horejsi's Motion to Dismiss Pursuant to F.R.C.P. 8(a), 9(b) and 12(b)(6) by Plaintiff Denis Ryskamp. (Attachments: # 1 Proposed Order (PDF Only))(Shuman, Kip) (Entered: 01/20/2012)
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Legal Document (Payment Possibly Required) 230 Filed: 1/20/2012, Entered: None
RESTRICTED DOCUMENT - Level 1: by Plaintiff Denis Ryskamp.. (Shuman, Kip) (Entered: 01/20/2012)
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Legal Document (Payment Possibly Required) 229 Filed: 1/18/2012, Entered: None Court Filing
MINUTE ORDER granting 212 First Motion for Order to Restrict; granting 217 Second Motion for Order to Restrict; granting 226 Motion to Strike, STRICKEN 219 Restricted Document - Level 1, and STRICKEN 222 Response to Motion, Plaintiff may re-file his Response to Defendants Susan L. Ciciora and John S. Horejsis Motion to Dismiss Pursuant to F.R.C.P. 8(a), 9(b), and 12 (b)(6) 198 no later than January 23, 2012. by Magistrate Judge Kristen L. Mix on 1/18/2012.(ervsl, ) (Entered: 01/19/2012)
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Legal Document (Payment Possibly Required) 228 Filed: 1/17/2012, Entered: None Court Filing
MEMORANDUM regarding 226 Unopposed MOTION to Strike 222 Response to Motion, and Leave to Refile Plaintiff's Opposition to Defendants' Susan L. Ciciora's and John S. Horejsi's Motion to Dismiss Plaintiffs' Third Amended Complaint filed by Denis Ryskamp. Motion referred to Magistrate Judge Kristen L. Mix by Judge William J. Martinez on 01/17/2012. Text Only Entry (wjmsec, ) (Entered: 01/17/2012)
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Legal Document (Payment Possibly Required) 227 Filed: 1/17/2012, Entered: None
BRIEF in Support of 226 Unopposed MOTION to Strike 222 Response to Motion, and Leave to Refile Plaintiff's Opposition to Defendants' Susan L. Ciciora's and John S. Horejsi's Motion to Dismiss Plaintiffs' Third Amended Complaint filed by Plaintiff Denis Ryskamp. (Shuman, Kip) (Entered: 01/17/2012)
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Legal Document (Payment Possibly Required) 226 Filed: 1/17/2012, Entered: None
Unopposed MOTION to Strike 222 Response to Motion, and Leave to Refile Plaintiff's Opposition to Defendants' Susan L. Ciciora's and John S. Horejsi's Motion to Dismiss Plaintiffs' Third Amended Complaint by Plaintiff Denis Ryskamp. (Attachments: # 1 Proposed Order (PDF Only))(Shuman, Kip) (Entered: 01/17/2012)
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Legal Document (Payment Possibly Required) 225 Filed: 1/13/2012, Entered: None
NOTICE of Entry of Appearance by Alan Joel Statman on behalf of Denis Ryskamp (Statman, Alan) (Entered: 01/13/2012)
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Legal Document (Payment Possibly Required) 224 Filed: 1/12/2012, Entered: None
BRIEF in Opposition to 207 MOTION for Order to Sequence Proceedings filed by Plaintiff Denis Ryskamp. (Shuman, Kip) (Entered: 01/12/2012)
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Legal Document (Payment Possibly Required) 223 Filed: 1/12/2012, Entered: None Court Filing
ORDER granting 202 Unopposed Motion to Restrict Access to the Review Committees Motion to Dismiss Pursuant to F.R.C.P. 23.1 and 12(b)(6) and Certain Supporting Documents 183 Restricted Document - Level 1, 181 Restricted Document - Level 1, 197 Restricted Document - Level 1, 200 Restricted Document - Level 1, are to remain under seal by Magistrate Judge Kristen L. Mix on 1/12/2012.(ervsl, ) (Entered: 01/12/2012)
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Legal Document (Payment Possibly Required) 220 Filed: 1/12/2012, Entered: None Court Filing
MEMORANDUM regarding 217 Unopposed MOTION for Order to RESTRICT ACCESS TO PLAINTIFFS OPPOSITION TO SUSAN L CICIORAS AND JOHN S. HOREJSIS MOTION TO DISMISS PURSUANT TO F.R.C.P. 8(a), 9(b) and 12(b)(6) filed by Denis Ryskamp. Motion referred to Magistrate Judge Kristen L. Mix by Judge William J. Martinez on 01/12/2012. Text Only Entry (wjmsec, ) (Entered: 01/12/2012)
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Legal Document (Payment Possibly Required) 219 Filed: 1/11/2012, Entered: None
STRICKEN RESTRICTED DOCUMENT - Level 1: by Plaintiff Denis Ryskamp.. (Shuman, Kip) (Modified on 1/19/2012 Stricken pursuant to the 229 Minute Order)(ervsl, ). (Entered: 01/11/2012)
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Legal Document (Payment Possibly Required) 218 Filed: 1/11/2012, Entered: None
BRIEF in Support of 217 Unopposed MOTION for Order to RESTRICT ACCESS TO PLAINTIFFS OPPOSITION TO SUSAN L CICIORAS AND JOHN S. HOREJSIS MOTION TO DISMISS PURSUANT TO F.R.C.P. 8(a), 9(b) and 12(b)(6) filed by Plaintiff Denis Ryskamp. (Shuman, Kip) (Entered: 01/11/2012)
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Legal Document (Payment Possibly Required) 217 Filed: 1/11/2012, Entered: None
Unopposed MOTION for Order to RESTRICT ACCESS TO PLAINTIFFS OPPOSITION TO SUSAN L CICIORAS AND JOHN S. HOREJSIS MOTION TO DISMISS PURSUANT TO F.R.C.P. 8(a), 9(b) and 12(b)(6) by Plaintiff Denis Ryskamp. (Attachments: # 1 Proposed Order (PDF Only))(Shuman, Kip) (Entered: 01/11/2012)
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Legal Document (Payment Possibly Required) 216 Filed: 1/11/2012, Entered: None
NOTICE re 214 Restricted Document - Level 1 Request for Judicial Notice by Plaintiff Denis Ryskamp (Attachments: # 1 Exhibit Declaration, # 2 Exhibit Attaching Exhibits 1-4 to Exhibit A, # 3 Exhibit Attaching Exhibits 5-10 to Exhibit A)(Shuman, Kip) (Entered: 01/11/2012)
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Legal Document (Payment Possibly Required) 215 Filed: 1/11/2012, Entered: None Court Filing
MEMORANDUM regarding 212 Unopposed MOTION for Order to RESTRICT ACCESS TO PLAINTIFFS OPPOSITION TO NOMINAL DEFENDANT BOULDER GROWTH AND INCOME FUND, INC. AND THE REVIEW COMMITTEES MOTION TO DISMISS PURSUANT TO F.R.C.P. 23.1 and 12(b)(6) AND ALL SUPPORTING DOCUMENTS filed by Denis Ryskamp. Motion referred to Magistrate Judge Kristen L. Mix by Judge William J. Martinez on 01/11/2012. Text Only Entry (wjmsec, ) (Entered: 01/11/2012)
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Legal Document (Payment Possibly Required) 214 Filed: 1/11/2012, Entered: None
RESTRICTED DOCUMENT - Level 1: by Plaintiff Denis Ryskamp.. (Shuman, Kip) (Entered: 01/11/2012)
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Legal Document (Payment Possibly Required) 222 Filed: 1/11/2012, Entered: None
STRICKEN RESPONSE to 198 Defendants Susan L. Ciciora's and John Horejsi's MOTION to Dismiss Pursuant to F.R.C.P. 8(a), 9(b), and 12(b)(6) filed by Plaintiff Denis Ryskamp. (Pulic Entry for RESTRICTED Document 219, filed 1/11/2012) TEXT ONLY ENTRY (ervsl, ) (Modified on 1/19/2012 Stricken pursuant to the 229 Minute Order) (ervsl, ). (Entered: 01/12/2012)
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Legal Document (Payment Possibly Required) 213 Filed: 1/11/2012, Entered: None
BRIEF in Support of 212 Unopposed MOTION for Order to RESTRICT ACCESS TO PLAINTIFFS OPPOSITION TO NOMINAL DEFENDANT BOULDER GROWTH AND INCOME FUND, INC. AND THE REVIEW COMMITTEES MOTION TO DISMISS PURSUANT TO F.R.C.P. 23.1 and 12(b)(6) AND ALL SUPPORTING DOCUMENTS filed by Plaintiff Denis Ryskamp. (Shuman, Kip) (Entered: 01/11/2012)
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Legal Document (Payment Possibly Required) 221 Filed: 1/11/2012, Entered: None
RESPONSE to 196 Nominal Defendant Boulder Growth and Incoe Fund, Inc. and the Review Committee's MOTION to Dismiss Pursuant to F.R.C.P. 23.1 and 12(b) (6) filed by Plaintiff Denis Ryskamp. (Public Entry for RESTRICTED Document 214, filed 1/11/2012) TEXT ONLY ENTRY(ervsl, ) (Entered: 01/12/2012)
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Legal Document (Payment Possibly Required) 212 Filed: 1/11/2012, Entered: None
Unopposed MOTION for Order to RESTRICT ACCESS TO PLAINTIFFS OPPOSITION TO NOMINAL DEFENDANT BOULDER GROWTH AND INCOME FUND, INC. AND THE REVIEW COMMITTEES MOTION TO DISMISS PURSUANT TO F.R.C.P. 23.1 and 12(b)(6) AND ALL SUPPORTING DOCUMENTS by Plaintiff Denis Ryskamp. (Shuman, Kip) (Entered: 01/11/2012)
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Legal Document (Payment Possibly Required) 211 Filed: 1/2/2012, Entered: None
NOTICE OF CHANGE OF FIRM NAME by Defendant Carl D. Johns (MacPhail, Michael) (Entered: 01/02/2012)
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Legal Document (Payment Possibly Required) 210 Filed: 12/28/2011, Entered: None Court Filing
MEMORANDUM regarding 209 Unopposed MOTION to Stay Proceedings Pending Mediation filed by Stewart R. Horejsi, Boulder Growth & Income Fund, Inc., Joel L. Terwilliger, Fund Administrative Services, LLC, John S. Horejsi, Boulder Investment Advisers, LLC, Stephen C Miller, Denis Ryskamp, Stewart Investment Advisers, The Ernest Horejsi Trust No. 1B, Joel W. Looney, Dean L. Jacobson, Susan L. Ciciora, Richard I. Barr, Carl D. Johns. Motion referred to Magistrate Judge Kristen L. Mix by Judge William J. Martinez on 12/28/2011. Text Only Entry (wjmsec, ) (Entered: 12/28/2011)
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Legal Document (Payment Possibly Required) 209 Filed: 12/28/2011, Entered: None
Unopposed MOTION to Stay Proceedings Pending Mediation by Defendants Richard I. Barr, Boulder Growth & Income Fund, Inc., Boulder Investment Advisers, LLC, Susan L. Ciciora, The Ernest Horejsi Trust No. 1B, Fund Administrative Services, LLC, John S. Horejsi, Stewart R. Horejsi, Dean L. Jacobson, Carl D. Johns, Joel W. Looney, Stephen C Miller, Stewart Investment Advisers, Joel L. Terwilliger, Plaintiff Denis Ryskamp. (Attachments: # 1 Proposed Order (PDF Only))(Lobdell, Judson) (Entered: 12/28/2011)
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Legal Document (Payment Possibly Required) 208 Filed: 12/28/2011, Entered: None Court Filing
MEMORANDUM regarding 207 MOTION for Order to Sequence Proceedings filed by Stewart R. Horejsi, Joel L. Terwilliger, Fund Administrative Services, LLC, Boulder Investment Advisers, LLC, Stephen C Miller, Stewart Investment Advisers, The Ernest Horejsi Trust No. 1B, Carl D. Johns. Motion referred to Magistrate Judge Kristen L. Mix by Judge William J. Martinez on 12/28/2011. Text Only Entry (wjmsec, ) (Entered: 12/28/2011)
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Legal Document (Payment Possibly Required) 207 Filed: 12/22/2011, Entered: None
MOTION for Order to Sequence Proceedings by Defendants Boulder Investment Advisers, LLC, The Ernest Horejsi Trust No. 1B, Fund Administrative Services, LLC, Stewart R. Horejsi, Carl D. Johns, Stephen C Miller, Stewart Investment Advisers, Joel L. Terwilliger. (Attachments: # 1 Proposed Order (PDF Only))(Lobdell, Judson) (Entered: 12/22/2011)
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Legal Document (Payment Possibly Required) 204 Filed: 12/19/2011, Entered: None Court Filing
MEMORANDUM regarding 202 MOTION for Leave to Restrict Document filed by Boulder Growth & Income Fund, Inc., Dean L. Jacobson, Richard I. Barr, Joel W. Looney. Motion referred to Magistrate Judge Kristen L. Mix by Judge William J. Martinez on 12/19/2011. Text Only Entry (wjmsec, ) (Entered: 12/19/2011)
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Legal Document (Payment Possibly Required) 203 Filed: 12/19/2011, Entered: None
BRIEF in Support of 202 MOTION for Leave to Restrict Document (Unopposed) filed by Defendants Richard I. Barr, Boulder Growth & Income Fund, Inc., Dean L. Jacobson, Joel W. Looney. (Sullivan, William) (Entered: 12/19/2011)
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Legal Document (Payment Possibly Required) 202 Filed: 12/19/2011, Entered: None
MOTION for Leave to Restrict Document by Defendants Richard I. Barr, Boulder Growth & Income Fund, Inc., Dean L. Jacobson, Joel W. Looney. (Attachments: # 1 Proposed Order (PDF Only) Granting Nominal Defendant Boulder Growth & Income Fund, Inc. and the Review Committee Defendants' Unopposed Motion to Restrict Access)(Sullivan, William) (Entered: 12/19/2011)
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Legal Document (Payment Possibly Required) 201 Filed: 12/16/2011, Entered: None
CERTIFICATE of Mailing/Service re 197 Restricted Document - Level 1, 200 Restricted Document - Level 1,, by Defendants Richard I. Barr, Boulder Growth & Income Fund, Inc., Dean L. Jacobson, Joel W. Looney. (Sullivan, William) (Entered: 12/16/2011)
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Legal Document (Payment Possibly Required) 200 Filed: 12/16/2011, Entered: None
RESTRICTED DOCUMENT - Level 1: by Defendants Richard I. Barr, Boulder Growth & Income Fund, Inc., Dean L. Jacobson, Joel W. Looney.. (Attachments: # 1 Exhibit A - 1, # 2 Exhibit A - 2, # 3 Exhibit A - 3, # 4 Exhibit A - 4, # 5 Exhibit A - 5, # 6 Exhibit A - 6, # 7 Exhibit A - 7, # 8 Exhibit A - 8, # 9 Exhibit B, # 10 Exhibit C, # 11 Exhibit D, # 12 Proposed Order (PDF Only) Granting Nominal Defendant and the Review Committee's Request for Judicial Notice in Support of Motion to Dismiss)(Sullivan, William) (Entered: 12/16/2011)
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Legal Document (Payment Possibly Required) 199 Filed: 12/16/2011, Entered: None
BRIEF in Support of 198 MOTION to Dismiss Pursuant to F.R.C.P. 8(a), 9(b), and 12(b)(6) filed by Defendants Susan L. Ciciora, John S. Horejsi. (Montoya, Bruce) (Entered: 12/16/2011)
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Legal Document (Payment Possibly Required) 198 Filed: 12/16/2011, Entered: None
MOTION to Dismiss Pursuant to F.R.C.P. 8(a), 9(b), and 12(b)(6) by Defendants Susan L. Ciciora, John S. Horejsi. (Attachments: # 1 Proposed Order (PDF Only))(Montoya, Bruce) (Entered: 12/16/2011)
  • Attachment 1 MOTION to Dismiss Pursuant to F.R.C.P. 8(a), 9(b), and 12(b)(6) by Defendants Susan L. Ciciora, John S. Horejsi. (Attachments: # 1 Proposed Order (PDF Only))(Montoya, Bruce) (Entered: 12/16/2011)
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Legal Document (Payment Possibly Required) 197 Filed: 12/16/2011, Entered: None
RESTRICTED DOCUMENT - Level 1: by Defendants Richard I. Barr, Boulder Growth & Income Fund, Inc., Dean L. Jacobson, Joel W. Looney.. (Sullivan, William) (Entered: 12/16/2011)
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Legal Document (Payment Possibly Required) 206 Filed: 12/16/2011, Entered: None
Request For Judicial NOTICE re 196 MOTION to Dismiss Pursuant to F.R.C.P. 23.1 and 12(b)(6) by Defendants Richard I. Barr, Nominal Boulder Growth & Income Fund, Inc., Dean L. Jacobson, Joel W. Looney. (Public Entry for RESTRICTED Document 200, filed 12/16/2011) TEXT ONLY ENTRY (ervsl, ) (Entered: 12/19/2011)
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Legal Document (Payment Possibly Required) 196 Filed: 12/16/2011, Entered: None
MOTION to Dismiss Pursuant to F.R.C.P. 23.1 and 12(b)(6) by Defendants Richard I. Barr, Boulder Growth & Income Fund, Inc., Dean L. Jacobson, Joel W. Looney. (Attachments: # 1 Proposed Order (PDF Only) Granting Nominal Defendant and the Review Committee's Motion to Dismiss Pursuant to FRCP 23.1 and 12(b)(6))(Sullivan, William) (Entered: 12/16/2011)
  • Attachment 1 MOTION to Dismiss Pursuant to F.R.C.P. 23.1 and 12(b)(6) by Defendants Richard I. Barr, Boulder Growth & Income Fund, Inc., Dean L. Jacobson, Joel W. Looney. (Attachments: # 1 Proposed Order (PDF Only) Granting Nominal Defendant and the Review Committee's Motion to Dismiss Pursuant to FRCP 23.1 and 12(b)(6))(Sullivan, William) (Entered: 12/16/2011)
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Legal Document (Payment Possibly Required) 205 Filed: 12/16/2011, Entered: None
BRIEF in Support of 196 MOTION to Dismiss Pursuant to F.R.C.P. 23.1 and 12(b)(6) filed by Defendant Boulder Growth & Income Fund, Inc.. (Public Entry for RESTRICTED Document 197, filed 12/16/2011) TEXT ONLY ENTRY (ervsl, ) (Entered: 12/19/2011)
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Legal Document (Payment Possibly Required) 195 Filed: 12/15/2011, Entered: None Court Filing
ORDER striking 185 Defendants Boulder Growth and Income Fund and The Review Committee's Motion to Dismiss, 186 Brief in Support, and 187 Request for Judicial Notice, for failure to comply with WJM Revised Practice Standard III.D.1, which requires counsel to confer prior to filing a Rule 12(b)(6) motion to discuss whether the alleged deficiency can be cured by amendment and to exercise their best efforts to stipulate to such amendment. Defendants' Motion to Dismiss, Brief in Support, and Request for Judicial Notice are STRICKEN without prejudice to refiling because the Motion contains no statement with respect to whether such a conferral occurred in this case. SO ORDERED by Judge William J. Martinez on 12/15/2011. Text Only Entry (wjmsec, ) (Entered: 12/15/2011)
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Legal Document (Payment Possibly Required) 194 Filed: 12/15/2011, Entered: None Court Filing
ORDER striking 182 Defendants Susan L. Ciciora and John S. Horejsi's Motion to Dismiss for failure to comply with WJM Revised Practice Standard III.D.1, which requires counsel to confer prior to filing a Rule 12(b)(6) motion to discuss whether the alleged deficiency can be cured by amendment and to exercise their best efforts to stipulate to such amendment. Defendants' Motion to Dismiss is STRICKEN without prejudice to refiling because it contains no statement with respect to whether such a conferral occurred in this case. SO ORDERED by Judge William J. Martinez on 12/15/2011. Text Only Entry (wjmsec, ) (Entered: 12/15/2011)
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Legal Document (Payment Possibly Required) 193 Filed: 12/14/2011, Entered: None Court Filing
MINUTE ORDER granting 191 Defendant Carl D. Johns (Johns) Unopposed Motion for Ten-day Extension of Time to Answer or Otherwise Respond to the Third Amended Verified Stockholder Derivative Complaint re 176 Third Amended Verified Stockholder Complaint, Carl D. Johns answer due 1/13/2012. Scheduling Conference RESET for 2/13/2012 10:30 AM in Courtroom C204 before Magistrate Judge Kristen L. Mix. by Magistrate Judge Kristen L. Mix on 12/14/2011.(ervsl, ) (Entered: 12/14/2011)
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Legal Document (Payment Possibly Required) 192 Filed: 12/12/2011, Entered: None Court Filing
MEMORANDUM regarding 191 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 176 Amended Complaint, filed by Carl D. Johns. Motion referred to Magistrate Judge Kristen L. Mix by Judge William J. Martinez on 12/12/2011. Text Only Entry (wjmsec, ) (Entered: 12/12/2011)
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Legal Document (Payment Possibly Required) 191 Filed: 12/12/2011, Entered: None
Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 176 Amended Complaint, by Defendant Carl D. Johns. (Attachments: # 1 Proposed Order (PDF Only))(Perlov, Laura) (Entered: 12/12/2011)
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Legal Document (Payment Possibly Required) 190 Filed: 12/8/2011, Entered: None Court Filing
MINUTE ORDER denying without prejudice 178 Unopposed Motion to Restrict Access to the Review Committees Motion to Dismiss Pursuant to F.R.C.P. 23.1 and 12(b)(6)and All Supporting Documents by Magistrate Judge Kristen L. Mix on 12/8/2011.(ervsl, ) (Entered: 12/08/2011)
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Legal Document (Payment Possibly Required) 189 Filed: 12/8/2011, Entered: None Court Filing
MINUTE ORDER granting 173 Plaintiffs Unopposed Motion to Seal PlaintiffsThird Amended Complaint at a LEVEL 1 access restriction by Magistrate Judge Kristen L. Mix on 12/8/2011.(ervsl, ) (Entered: 12/08/2011)
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Legal Document (Payment Possibly Required) 188 Filed: 12/8/2011, Entered: None Court Filing
MEMORANDUM regarding 178 MOTION for Leave to Restrict Document filed by Boulder Growth & Income Fund, Inc., Dean L. Jacobson, Richard I. Barr, Joel W. Looney. Motion referred to Magistrate Judge Kristen L. Mix by Judge William J. Martinez on 12/08/2011. Text Only Entry (wjmsec, ) (Entered: 12/08/2011)
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Legal Document (Payment Possibly Required) 187 Filed: 12/7/2011, Entered: None
STRICKEN Request for Judicial NOTICE re 185 MOTION to Dismiss by Defendants Richard I. Barr, Boulder Growth & Income Fund, Inc., Dean L. Jacobson, Joel W. Looney (Public Entry for RESTRICTED Document 183, filed 12/7/2011) TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (ervsl, ) (Modified on 12/15/2011 Stricken pursuant to 195 Order)(ervsl, ). (Entered: 12/08/2011)
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Legal Document (Payment Possibly Required) 186 Filed: 12/7/2011, Entered: None
STRICKEN BRIEF in Support of 185 MOTION to Dismiss filed by Defendants Richard I. Barr, Boulder Growth & Income Fund, Inc., Dean L. Jacobson, Joel W. Looney. (Public Entry for Restricted Document 181, filed 12/7/2011) TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (ervsl, ) (Modified on 12/15/2011 Stricken pursuant to the 195 Order)(ervsl, ). (Entered: 12/08/2011)
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Legal Document (Payment Possibly Required) 185 Filed: 12/7/2011, Entered: None
STRICKEN MOTION to Dismiss by Defendants Richard I. Barr, Boulder Growth & Income Fund, Inc., Dean L. Jacobson, Joel W. Looney.(Public Entry for Restricted Document 180, filed 12/7/2011) TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (ervsl, ) (Modified on 12/15/2011 Stricken pursusnt to 195 Order)(ervsl, ). (Entered: 12/08/2011)
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Legal Document (Payment Possibly Required) 184 Filed: 12/7/2011, Entered: None
CERTIFICATE of Mailing/Service re 183 Restricted Document - Level 1,, 180 Restricted Document - Level 1, 181 Restricted Document - Level 1 by Defendants Richard I. Barr, Boulder Growth & Income Fund, Inc., Dean L. Jacobson, Joel W. Looney. (Sullivan, William) (Entered: 12/07/2011)
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Legal Document (Payment Possibly Required) 183 Filed: 12/7/2011, Entered: None
RESTRICTED DOCUMENT - Level 1: by Defendants Richard I. Barr, Boulder Growth & Income Fund, Inc., Dean L. Jacobson, Joel W. Looney.. (Attachments: # 1 Exhibit A - 1, # 2 Exhibit A - 2, # 3 Exhibit A - 3, # 4 Exhibit A - 4, # 5 Exhibit A - 5, # 6 Exhibit A - 6, # 7 Exhibit A - 7, # 8 Exhibit A - 8, # 9 Exhibit B, # 10 Exhibit C, # 11 Exhibit D, # 12 Proposed Order (PDF Only) Granting Nominal Defendant and the Review Committee's Request for Judicial Notice in Support of Motion to Dismiss)(Sullivan, William) (Entered: 12/07/2011)
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Legal Document (Payment Possibly Required) 182 Filed: 12/7/2011, Entered: None
STRICKEN MOTION to Dismiss Pursuant to F.R.C.P. 8(a), 9(b) and 12(b)(6) by Defendants Susan L. Ciciora, John S. Horejsi. (Attachments: # 1 Memorandum in Support of Motion to Dismiss, # 2 Proposed Order (PDF Only))(Montoya, Bruce) (Modified on 12/15/2011 Stricken pursuant to 194 Order)(ervsl, ). (Entered: 12/07/2011)
  • Attachment 1 STRICKEN MOTION to Dismiss Pursuant to F.R.C.P. 8(a), 9(b) and 12(b)(6) by Defendants Susan L. Ciciora, John S. Horejsi. (Attachments: # 1 Memorandum in Support of Motion to Dismiss, # 2 Proposed Order (PDF Only))(Montoya, Bruce) (Modified on 12/15/2011 Stricken pursuant to 194 Order)(ervsl, ). (Entered: 12/07/2011)
  • Attachment 2 STRICKEN MOTION to Dismiss Pursuant to F.R.C.P. 8(a), 9(b) and 12(b)(6) by Defendants Susan L. Ciciora, John S. Horejsi. (Attachments: # 1 Memorandum in Support of Motion to Dismiss, # 2 Proposed Order (PDF Only))(Montoya, Bruce) (Modified on 12/15/2011 Stricken pursuant to 194 Order)(ervsl, ). (Entered: 12/07/2011)
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Legal Document (Payment Possibly Required) 181 Filed: 12/7/2011, Entered: None
RESTRICTED DOCUMENT - Level 1: by Defendants Richard I. Barr, Boulder Growth & Income Fund, Inc., Dean L. Jacobson, Joel W. Looney.. (Sullivan, William) (Entered: 12/07/2011)
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Legal Document (Payment Possibly Required) 180 Filed: 12/7/2011, Entered: None
RESTRICTED DOCUMENT - Level 1: by Defendants Richard I. Barr, Boulder Growth & Income Fund, Inc., Dean L. Jacobson, Joel W. Looney.. (Attachments: # 1 Proposed Order (PDF Only) Granting Nominal Defendant and the Review Committee's Motion to Dismiss Pursuant to FRCP 23.1 and 12(b)(6))(Sullivan, William) (Entered: 12/07/2011)
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Legal Document (Payment Possibly Required) 179 Filed: 12/7/2011, Entered: None
BRIEF in Support of 178 MOTION for Leave to Restrict Document Access to Motion to Dismiss and Request for Judicial Notice filed by Defendants Richard I. Barr, Boulder Growth & Income Fund, Inc., Dean L. Jacobson, Joel W. Looney. (Sullivan, William) (Entered: 12/07/2011)
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Legal Document (Payment Possibly Required) 178 Filed: 12/7/2011, Entered: None
MOTION for Leave to Restrict Document by Defendants Richard I. Barr, Boulder Growth & Income Fund, Inc., Dean L. Jacobson, Joel W. Looney. (Attachments: # 1 Proposed Order (PDF Only) Granting Nominal Defendant and the Review Committee's Motion to Restrict Access)(Sullivan, William) (Entered: 12/07/2011)
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Legal Document (Payment Possibly Required) 177 Filed: 12/6/2011, Entered: None
NOTICE of Entry of Appearance by Laura Stacey Perlov on behalf of Carl D. Johns (Perlov, Laura) (Entered: 12/06/2011)
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Legal Document (Payment Possibly Required) 176 Filed: 11/30/2011, Entered: None
THIRD AMENDED VERIFIED STOCKHOLDER DERIVATIVE COMPLAINT against Richard I. Barr, Boulder Investment Advisers, LLC, Susan L. Ciciora, The Ernest Horejsi Trust No. 1B, Fund Administrative Services, LLC, John S. Horejsi, Stewart R. Horejsi, Dean L. Jacobson, Carl D. Johns, Joel W. Looney, Stephen C Miller, Stewart Investment Advisers, Joel L. Terwilliger, filed by Denis Ryskamp. (Public Entry for SEALED Document 174, filed 11/30/2011) TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(ervsl, ) (Entered: 12/01/2011)
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Legal Document (Payment Possibly Required) 175 Filed: 11/30/2011, Entered: None Court Filing
MEMORANDUM regarding 173 Unopposed MOTION to Seal Plaintiff's Third Amended Verified Stockholder Derivative Complaint filed by Denis Ryskamp. Motion referred to Magistrate Judge Kristen L. Mix by Judge William J. Martinez on 11/30/2011. Text Only Entry (wjmsec, ) (Entered: 11/30/2011)
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Sealed Legal Document 174 Filed: 11/30/2011, Entered: None
SEALED DOCUMENT by Plaintiff Denis Ryskamp. (Attachments: # 1 Certificate of Mailing, # 2 Appendix of Exhibits, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M)(Shuman, Kip) (Entered: 11/30/2011)
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Legal Document (Payment Possibly Required) 173 Filed: 11/30/2011, Entered: None
Unopposed MOTION to Seal Plaintiff's Third Amended Verified Stockholder Derivative Complaint by Plaintiff Denis Ryskamp. (Attachments: # 1 Proposed Order (PDF Only))(Shuman, Kip) (Entered: 11/30/2011)
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Legal Document (Payment Possibly Required) 172 Filed: 11/28/2011, Entered: None
WAIVER OF SERVICE Returned Executed by Denis Ryskamp. Stewart Investment Advisers waiver sent on 11/14/2011, answer due 1/13/2012. (Shuman, Kip) (Modified on 11/29/2011 corrected date of service and answer due date)(ervsl, ). (Entered: 11/28/2011)
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Legal Document (Payment Possibly Required) 171 Filed: 11/28/2011, Entered: None
WAIVER OF SERVICE Returned Executed by Denis Ryskamp. Joel Terwilliger waiver sent on 11/14/2011, answer due 1/13/2012. (Shuman, Kip) (Entered: 11/28/2011)
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Legal Document (Payment Possibly Required) 170 Filed: 11/28/2011, Entered: None
WAIVER OF SERVICE Returned Executed by Denis Ryskamp. Stewart R. Horejsi waiver sent on 11/14/2011, answer due 1/13/2012. (Shuman, Kip) (Entered: 11/28/2011)
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Legal Document (Payment Possibly Required) 169 Filed: 11/28/2011, Entered: None
WAIVER OF SERVICE Returned Executed by Denis Ryskamp. Stephen C Miller waiver sent on 11/14/2011, answer due 1/13/2012. (Shuman, Kip) (Entered: 11/28/2011)
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Legal Document (Payment Possibly Required) 168 Filed: 11/28/2011, Entered: None
WAIVER OF SERVICE Returned Executed by Denis Ryskamp. Carl D. Johns waiver sent on 11/3/2011, answer due 1/3/2012. (Shuman, Kip) (Modified on 11/29/2011 corrected date of service)(ervsl, ). (Entered: 11/28/2011)
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Legal Document (Payment Possibly Required) 167 Filed: 11/28/2011, Entered: None
WAIVER OF SERVICE Returned Executed by Denis Ryskamp. Fund Administrative Services, LLC waiver sent on 11/14/2011, answer due 1/13/2012. (Shuman, Kip) (Modified on 11/29/2011 corrected the date served and answer date)(ervsl, ). (Entered: 11/28/2011)
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Legal Document (Payment Possibly Required) 166 Filed: 11/28/2011, Entered: None
WAIVER OF SERVICE Returned Executed by Denis Ryskamp. Boulder Investment Advisers, LLC waiver sent on 11/1/2011, answer due 1/3/2012. (Shuman, Kip) (Entered: 11/28/2011)
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Legal Document (Payment Possibly Required) 165 Filed: 11/28/2011, Entered: None
WAIVER OF SERVICE Returned Executed by Denis Ryskamp. The Ernest Horejsi Trust No. 1B waiver sent on 11/1/2011, answer due 1/3/2012. (Shuman, Kip) (Entered: 11/28/2011)
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Legal Document (Payment Possibly Required) 164 Filed: 11/21/2011, Entered: None Court Filing
MINUTE ORDER granting 162 Plaintiffs Unopposed Joint Motion for Leave to Amend Plaintiffs Second Amended Complaint. Plaintiff shall file his proposed Third Amended Complaint on or before November 30, 2011. Defendants shall answer or otherwise respond to the Third Amended Complaint on or before December 7, 2011 by Magistrate Judge Kristen L. Mix on 11/21/2011.(ervsl, ) (Entered: 11/21/2011)
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Legal Document (Payment Possibly Required) 163 Filed: 11/21/2011, Entered: None Court Filing
MEMORANDUM regarding 162 Unopposed MOTION to Amend/Correct/Modify 150 Amended Complaint, filed by Denis Ryskamp. Motion referred to Magistrate Judge Kristen L. Mix by Judge William J. Martinez on 11/21/2011. Text Only Entry (wjmsec, ) (Entered: 11/21/2011)
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Legal Document (Payment Possibly Required) 162 Filed: 11/18/2011, Entered: None
Unopposed MOTION to Amend/Correct/Modify 150 Amended Complaint, by Plaintiff Denis Ryskamp. (Attachments: # 1 Proposed Order (PDF Only))(Shuman, Kip) (Entered: 11/18/2011)
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Legal Document (Payment Possibly Required) 161 Filed: 11/15/2011, Entered: None
CORPORATE DISCLOSURE STATEMENT by Defendants Boulder Investment Advisers, LLC, Fund Administrative Services, LLC, Stewart Investment Advisers.. (Serfoss, Nicole) (Entered: 11/15/2011)
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Legal Document (Payment Possibly Required) 160 Filed: 11/15/2011, Entered: None
NOTICE of Entry of Appearance by Nicole K. Serfoss on behalf of Boulder Investment Advisers, LLC, Fund Administrative Services, LLC, Stewart R. Horejsi, Stephen C Miller, Stewart Investment Advisers, Joel Terwilliger (Serfoss, Nicole) (Entered: 11/15/2011)
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Legal Document (Payment Possibly Required) 159 Filed: 11/15/2011, Entered: None
NOTICE of Entry of Appearance by Judson Earle Lobdell on behalf of Boulder Investment Advisers, LLC, Fund Administrative Services, LLC, Stewart R. Horejsi, Stephen C Miller, Stewart Investment Advisers, Joel Terwilliger (Lobdell, Judson) (Entered: 11/15/2011)
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Legal Document (Payment Possibly Required) 158 Filed: 11/15/2011, Entered: None
NOTICE of Entry of Appearance by Jordan D. Eth on behalf of Boulder Investment Advisers, LLC, Fund Administrative Services, LLC, Stewart R. Horejsi, Stephen C Miller, Stewart Investment Advisers, Joel Terwilliger (Eth, Jordan) (Entered: 11/15/2011)
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Legal Document (Payment Possibly Required) 157 Filed: 11/10/2011, Entered: None Court Filing
MINUTE ORDER This matter is before the Court sua sponte. IT IS HEREBY ORDERED that Plaintiff shall serve each of the Newly Added Defendants no later than November 28, 2011. IT IS FURTHER ORDERED that the Stay imposed by the Court on October 21, 2010 61 is LIFTED; IT IS FURTHER ORDERED that the Scheduling Conference is RESET to January 5, 2012 at 10:30 a.m. in Courtroom C-204 of the Byron G. Rogers United States Courthouse, 1929 Stout Street, Denver, Colorado, by Magistrate Judge Kristen L. Mix on 11/10/2011. (ervsl, ) (Entered: 11/10/2011)
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Legal Document (Payment Possibly Required) 156 Filed: 11/10/2011, Entered: None Court Filing
MINUTE ORDER granting in part and denying in part 154 Unopposed Joint Motion for Order to Apply Stipulated Protective Order and Fed. R. Evid. 502(d) Orders to the New Defendants Named in Second Amended Verified Stockholder Derivative Complaint by Magistrate Judge Kristen L. Mix on 11/10/2011.(ervsl, ) (Entered: 11/10/2011)
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Legal Document (Payment Possibly Required) 155 Filed: 11/3/2011, Entered: None Court Filing
MEMORANDUM regarding 154 Unopposed MOTION for Order to Apply Stipulated Protective Order and FRE502(d) Orders to the New Defendants Named in Second Amended Verified Stockholder Derivative Complaint filed by Boulder Growth & Income Fund, Inc., Dean L. Jacobson, Richard I. Barr, Joel W. Looney. Motion referred to Magistrate Judge Kristen L. Mix by Judge William J. Martinez on 11/03/2011. Text Only Entry (wjmsec, ) (Modified on 11/4/2011 edited duplicate text) (erv2, ). (Entered: 11/03/2011)
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Legal Document (Payment Possibly Required) 154 Filed: 11/3/2011, Entered: None
Unopposed MOTION for Order to Apply Stipulated Protective Order and FRE502(d) Orders to the New Defendants Named in Second Amended Verified Stockholder Derivative Complaint by Defendants Richard I. Barr, Boulder Growth & Income Fund, Inc., Dean L. Jacobson, Joel W. Looney. (Attachments: # 1 Proposed Order (PDF Only) Granting Unopposed Joint Motion for Order to Apply Stipulated Protective Order and FRE502(d) Orders to the New Defendants Named in the Second Amended Verified Stockholder Derivative Complaint)(Sullivan, William) (Entered: 11/03/2011)
  • Attachment 1 Unopposed MOTION for Order to Apply Stipulated Protective Order and FRE502(d) Orders to the New Defendants Named in Second Amended Verified Stockholder Derivative Complaint by Defendants Richard I. Barr, Boulder Growth & Income Fund, Inc., Dean L. Jacobson, Joel W. Looney. (Attachments: # 1 Proposed Order (PDF Only) Granting Unopposed Joint Motion for Order to Apply Stipulated Protective Order and FRE502(d) Orders to the New Defendants Named in the Second Amended Verified Stockholder Derivative
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Legal Document (Payment Possibly Required) 153 Filed: 10/31/2011, Entered: None Court Filing
ORDER granting in part and denying in part 152 the Parties Unopposed Joint Motion for Additional Time and Page Extension for Briefing on Motions to Dismiss the Second Verified Stockholder Derivative Complaint. by Judge William J. Martinez on 10/31/2011.(erv2, ) (Entered: 10/31/2011)
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Legal Document (Payment Possibly Required) 152 Filed: 10/28/2011, Entered: None
Unopposed MOTION for Extension of Time to / Joint Motion for Additional Time and Page Extension for Briefing on Motions to Dismiss the Second Amended Verified Stockholder Derivative Complaint by Defendants Richard I. Barr, Boulder Growth & Income Fund, Inc., Dean L. Jacobson, Joel W. Looney. (Attachments: # 1 Proposed Order (PDF Only) Granting Unopposed Joint Motion for Additional Time and Page Extension for Briefing on Motions to Dismiss the Second Amended Verified Stockholder Derivative Complaint)(Sullivan, William) (Entered: 10/28/2011)
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Legal Document (Payment Possibly Required) 151 Filed: 10/21/2011, Entered: None Court Filing
MINUTE ORDER granting 147 Plaintiffs Unopposed Motion to Seal Plaintiffs Second Amended Complaint. by Magistrate Judge Kristen L. Mix on 10/21/2011.(erv, ) (Entered: 10/21/2011)
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Legal Document (Payment Possibly Required) 149 Filed: 10/12/2011, Entered: None Court Filing
MEMORANDUM regarding 147 Unopposed MOTION to Seal Plaintiff's Second Amended Verified Stockholder Derivative Complaint filed by Denis Ryskamp. Motion referred to Magistrate Judge Kristen L. Mix by Judge William J. Martinez on 10/12/2011. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (wjmsec, ) (Entered: 10/12/2011)
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Sealed Legal Document 148 Filed: 10/11/2011, Entered: None
SEALED DOCUMENT by Plaintiff Denis Ryskamp. (Attachments: # 1 Appendix of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Certificate of Mailing)(Shuman, Kip) (Entered: 10/11/2011)
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Legal Document (Payment Possibly Required) 150 Filed: 10/11/2011, Entered: None
SECOND AMENDED VERIFIED STOCKHOLDER DERIVATIVE COMPLAINT against Stephen C Miller, Joel Terwilliger, Carl D. Johns, The Ernest Horejsi Trust No. 1B, Boulder Investment Advisers, LLC, Stewart Investment Advisers, Fund Administrative Services, LLC, filed by Denis Ryskamp. (Public Entry for SEALED Document 148 . filed 10/11/2011) TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(erv, ) (Entered: 10/12/2011)
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Legal Document (Payment Possibly Required) 147 Filed: 10/11/2011, Entered: None
Unopposed MOTION to Seal Plaintiff's Second Amended Verified Stockholder Derivative Complaint by Plaintiff Denis Ryskamp. (Attachments: # 1 Proposed Order (PDF Only))(Shuman, Kip) (Entered: 10/11/2011)
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Legal Document (Payment Possibly Required) 146 Filed: 9/16/2011, Entered: None Court Filing
ORDER granting 110 Plaintiffs Motion to Compel, with regard to the Interview Memoranda by Judge William J. Martinez on 9/16/2011.(erv, ) (Entered: 09/16/2011)
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Legal Document (Payment Possibly Required) 145 Filed: 9/1/2011, Entered: None Court Filing
ORDER that Plaintiffs Motion to Compel, ECF No. 107, is GRANTED in part, DENIED in part, and HELD IN ABEYANCE. Plaintiffs Motion to Compel with regard to documents excluded from the attorney-client privilege pursuant to the crime- fraud exception is GRANTED. Defendants shall produce to Plaintiff all such documents in their entirety; Plaintiffs Motion to Compel with regard to the Interview Memoranda is HELD IN ABEYANCE. Defendants shall produce to Chambers, on or before September 7, 2011, unredacted copies of the Interview Memoranda which remain in dispute as discussed in Part II above; and Plaintiffs Motion to Compel with regard to all other documents listed on the Aug. 2 Privilege Log is DENIED. by Judge William J. Martinez on 9/1/2011. (Attachments: # 1 Attachment 1)(erv, ) (Entered: 09/01/2011)
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Legal Document (Payment Possibly Required) 144 Filed: 8/3/2011, Entered: None
Docket Annotation re: 143 Notice (Other), The Title of the Text has been edited to reflect that of the document filed. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (erv2, ) (Entered: 08/03/2011)
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Legal Document (Payment Possibly Required) 143 Filed: 8/2/2011, Entered: None
RESPONSE to Plaintiff's 139 Notice of Clarification Re: Documents Produced to Plaintiff Pursuant to FRE 502(d) Protective Order by Defendants Richard I. Barr, Boulder Growth & Income Fund, Inc., Dean L. Jacobson, Joel W. Looney (Attachments: # 1 Exhibit A (Second Protective Order Pursuant to FRE502(d)), # 2 Exhibit B (Updated Privilege Log Pages 1-17), # 3 Exhibit C (Log of Documents Produced Pages 1-7))(Sullivan, William) (Modified on 8/3/2011 edited the title of the text to reflect that of the document filed)(erv2, ). (Entered: 08/02/2011)
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Legal Document (Payment Possibly Required) 142 Filed: 8/1/2011, Entered: None Court Filing
ORDER granting 140 Motion for Leave to File Response to Plaintiff's Notice of Clarification Re: Remaining Issues Concerning Motion to Compel and Documents Produced to Plaintiff Pursuant to FRE 502(d) Protective Order by Judge William J. Martinez on 08/01/2011. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (wjmlc2, ) (Entered: 08/01/2011)
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Legal Document (Payment Possibly Required) 141 Filed: 7/29/2011, Entered: None Court Filing
MINUTE ORDER granting 134 Plaintiffs Unopposed Motion to Seal Plaintiffs Reply to Defendant Boulder Growth & Income Funds and the Review Committee Members Opposition to Plaintiffs Motion to Compel, by Magistrate Judge Kristen L. Mix on 7/29/2011.(erv, ) (Entered: 07/29/2011)
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Legal Document (Payment Possibly Required) 140 Filed: 7/28/2011, Entered: None
Unopposed MOTION for Leave to File Response to Plaintiff's 139 Notice of Clarification Re: Remaining Issues Concerning Motion to Compel and Documents Produced to Plaintiff Pursuant to FRE 502(d) Protective Order by Defendants Richard I. Barr, Boulder Growth & Income Fund, Inc., Dean L. Jacobson, Joel W. Looney. (Sullivan, William) (Modified on 7/29/2011 added link to 139 )(erv, ). (Entered: 07/28/2011)
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Legal Document (Payment Possibly Required) 139 Filed: 7/27/2011, Entered: None
NOTICE re 138 Reply to Response to Motion, by Plaintiff Denis Ryskamp (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Shuman, Kip) (Entered: 07/27/2011)
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Legal Document (Payment Possibly Required) 138 Filed: 7/25/2011, Entered: None
REPLY to Defendant Boulder Growth and Income Fund's and Review Committee Member's Response to 110 MOTION to Compel filed by Plaintiff Denis Ryskamp. (Public Entry for SEALED Document 135, filed 7/25/2011) TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (erv2, ) (Entered: 07/26/2011)
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Legal Document (Payment Possibly Required) 137 Filed: 7/25/2011, Entered: None
NOTICE OF CHANGE OF FIRM NAME by Defendants Richard I. Barr, Boulder Growth & Income Fund, Inc., Dean L. Jacobson, Joel W. Looney (Sullivan, William) (Entered: 07/25/2011)
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Legal Document (Payment Possibly Required) 136 Filed: 7/25/2011, Entered: None Court Filing
MEMORANDUM regarding 134 Unopposed MOTION to Seal Plaintiff's Reply to Defendant Boulder Growth and Income Fund's and the Review Committee Members' Opposition to Plaintiff's Motion to Compel filed by Denis Ryskamp. Motion referred to Magistrate Judge Kristen L. Mix by Judge William J. Martinez on 07/25/2011. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (wjmsec, ) (Entered: 07/25/2011)
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Sealed Legal Document 135 Filed: 7/25/2011, Entered: None
SEALED DOCUMENT by Plaintiff Denis Ryskamp. (Attachments: # 1 Exhibit A, Declaration of Jeffrey P. Harris, # 2 Certificate of Mailing)(Shuman, Kip) (Entered: 07/25/2011)
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Legal Document (Payment Possibly Required) 134 Filed: 7/25/2011, Entered: None
Unopposed MOTION to Seal Plaintiff's Reply to Defendant Boulder Growth and Income Fund's and the Review Committee Members' Opposition to Plaintiff's Motion to Compel by Plaintiff Denis Ryskamp. (Attachments: # 1 Proposed Order (PDF Only))(Shuman, Kip) (Entered: 07/25/2011)
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Legal Document (Payment Possibly Required) 133 Filed: 7/14/2011, Entered: None Court Filing
MINUTE ORDER granting 125 Nominal Defendants Unopposed Motion to Seal. IT IS FURTHER ORDERED that the Clerk of the Court is directed to maintain Nominal Defendants Opposition to Plaintiffs Motion to Compel 127 and all exhibits thereto UNDER SEAL. by Magistrate Judge Kristen L. Mix on 7/14/2011.(erv, ) (Entered: 07/14/2011)
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Legal Document (Payment Possibly Required) 132 Filed: 7/12/2011, Entered: None Court Filing
SECOND PROTECTIVE ORDER PURSUANT TO FEDERAL RULE OF EVIDENCE 502(d), by Magistrate Judge Kristen L. Mix on 7/12/2011. (klmcd ) (Entered: 07/13/2011)
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Legal Document (Payment Possibly Required) 131 Filed: 7/12/2011, Entered: None Court Filing
MINUTE ORDER; 129 Stipulated Motion for Entry of Second Proposed Protective Order Pursuant to Federal Rule of Evidence 502(d) is GRANTED, by Magistrate Judge Kristen L. Mix on 7/12/2011.(klmcd ) (Entered: 07/13/2011)
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Legal Document (Payment Possibly Required) 130 Filed: 7/12/2011, Entered: None Court Filing
MEMORANDUM regarding 129 Stipulated MOTION for Protective Order Entry of Second (Protective Order) Pursuant to Federal Rule of Evidence 502(d)Stipulated MOTION for Protective Order Entry of Second (Protective Order) Pursuant to Federal Rule of Evidence 502(d) filed by Boulder Growth & Income Fund, Inc., Dean L. Jacobson, Richard I. Barr, Joel W. Looney. Motion referred to Magistrate Judge Kristen L. Mix by Judge William J. Martinez on 07/12/2011. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (wjmsec, ) (Entered: 07/12/2011)
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Legal Document (Payment Possibly Required) 129 Filed: 7/12/2011, Entered: None
Stipulated MOTION for Protective Order Entry of Second (Protective Order) Pursuant to Federal Rule of Evidence 502(d) by Defendants Richard I. Barr, Boulder Growth & Income Fund, Inc., Dean L. Jacobson, Joel W. Looney. (Attachments: # 1 Exhibit A - Second [Proposed] Protective Order Pursuant to FRE 502(d), # 2 Exhibit B - Declaration of Stephen C. Miller)(Sullivan, William) (Entered: 07/12/2011)
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Legal Document (Payment Possibly Required) 128 Filed: 7/8/2011, Entered: None
RESPONSE in Opposition to 110 MOTION to Compel filed by Defendant Boulder Growth & Income Fund, Inc. (Public Entry for SEALED Document 127, filed 7/8/2011) TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (erv, ) (Entered: 07/11/2011)
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Sealed Legal Document 127 Filed: 7/8/2011, Entered: None
SEALED DOCUMENT by Defendants Richard I. Barr, Boulder Growth & Income Fund, Inc., Dean L. Jacobson, Joel W. Looney. (Attachments: # 1 Affidavit /Declaration of D. Scott Carlton in Support, # 2 Exhibit A - J. Harris and R. Wayne Letter to BIF (09/22/09), # 3 Exhibit B - J. Harris Letter to W. Sullivan (10/16/09), # 4 Exhibit C - J. Harris Letter to W. Sullivan (10/29/09), # 5 Exhibit D - J. Hamilton Letter to J. Harris (05/10/11), # 6 Exhibit E - J. Harris Letter to W. Sullivan (05/20/11), # 7 Exhibit F - J. Hamilton Letter to J. Harris (05/24/11), # 8 Exhibit G - Declaration of Arthur L. Zwickel, # 9 Pages Certificate of Mailing)(Sullivan, William) (Entered: 07/08/2011)
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Legal Document (Payment Possibly Required) 126 Filed: 7/8/2011, Entered: None Court Filing
MEMORANDUM regarding 125 Unopposed MOTION to Seal Their Opposition to Plaintiff's Motion to Compel and the Declaration of D. Scott Carlton Filed in Support Thereof filed by Boulder Growth & Income Fund, Inc., Dean L. Jacobson, Richard I. Barr, Joel W. Looney. Motion referred to Magistrate Judge Kristen L. Mix by Judge William J. Martinez on 07/08/2011. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (wjmsec, ) (Entered: 07/08/2011)
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Legal Document (Payment Possibly Required) 125 Filed: 7/8/2011, Entered: None
Unopposed MOTION to Seal Their Opposition to Plaintiff's Motion to Compel and the Declaration of D. Scott Carlton Filed in Support Thereof by Defendants Richard I. Barr, Boulder Growth & Income Fund, Inc., Dean L. Jacobson, Joel W. Looney. (Attachments: # 1 Proposed Order (PDF Only) Granting Nominal Defendant Boulder Growth and Income Fund, Inc. and the Review Committee Members' Unopposed Motion to Seal Their Opposition to Plaintiff's Motion to Compel and the Declaration of D. Scott Carlton File in Support Thereof)(Sullivan, William) (Entered: 07/08/2011)
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Legal Document (Payment Possibly Required) 124 Filed: 7/8/2011, Entered: None Court Filing
MINUTE ORDER: This matter is before the Court on the Defendants' Response to Order to Show Cause 123 . The Court is satisfied that good cause has been shown that the Motion to Compel Production of Court Ordered Documents 110 should not be deemed confessed. It is therefore ORDERED that the Order to Show Cause 122 is hereby DISCHARGED. It is further ORDERED that Defendants' response to the Motion to Compel Production of Court Ordered Documents will be accepted for filing on July 8, 2011. SO ORDERED by by Judge William J. Martinez on 07/08/2011. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(wjmsec, ) (Entered: 07/08/2011)
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Legal Document (Payment Possibly Required) 123 Filed: 7/7/2011, Entered: None
RESPONSE TO ORDER TO SHOW CAUSE re 122 by Defendants Richard I. Barr, Boulder Growth & Income Fund, Inc., Dean L. Jacobson, Joel W. Looney. (Attachments: # 1 Exhibit A)(Sullivan, William) (Entered: 07/07/2011)
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Legal Document (Payment Possibly Required) 122 Filed: 7/7/2011, Entered: None Court Filing
ORDER TO SHOW CAUSE: returnable by Defendants shall show cause why the Court should not deem the Motion confessed for failure to file a response in opposition thereto, and why said Motion should not be granted as a result. Failure to comply with this Order may result in sanctions, including without limitation the granting of the Motion in its entirety. Show Cause Response due by 7/8/2011. by Judge William J. Martinez on 7/7/2011. (erv, ) (Entered: 07/07/2011)
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Legal Document (Payment Possibly Required) 121 Filed: 7/5/2011, Entered: None Court Filing
MINUTE ORDER granting in part 119 Plaintiffs Unopposed Motion to Extend Time to Challenge Confidential and Highly Confidential Designations Pursuant to Protective Order on or before 9/23/2011, by Magistrate Judge Kristen L. Mix on 7/5/2011.(erv, ) (Entered: 07/06/2011)
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Legal Document (Payment Possibly Required) 120 Filed: 7/5/2011, Entered: None Court Filing
MEMORANDUM regarding 119 Unopposed MOTION for Extension of Time to Challenge "Confidential" and "Highly Confidential" Designations Pursuant to Protective Order filed by Denis Ryskamp. Motion referred to Magistrate Judge Kristen L. Mix by Judge William J. Martinez on 07/05/2011. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (wjmsec, ) (Entered: 07/05/2011)
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Legal Document (Payment Possibly Required) 119 Filed: 7/5/2011, Entered: None
Unopposed MOTION for Extension of Time to Challenge "Confidential" and "Highly Confidential" Designations Pursuant to Protective Order by Plaintiff Denis Ryskamp. (Attachments: # 1 Proposed Order (PDF Only))(Glenn, Rusty) (Entered: 07/05/2011)
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Legal Document (Payment Possibly Required) 118 Filed: 6/20/2011, Entered: None Court Filing
ORDER granting 109 Plaintiffs Motion for Extension of Time to File Second Amended Complaint and Defendants to File Motion to Dismiss by Judge William J. Martinez on 6/20/2011.(erv, ) (Entered: 06/20/2011)
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Legal Document (Payment Possibly Required) 117 Filed: 6/20/2011, Entered: None
Docket Annotation re: 115 Declaration, The text has been edited of duplicate text and to Reflect the Caption of the Document filed, TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (erv, ) (Entered: 06/20/2011)
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Legal Document (Payment Possibly Required) 116 Filed: 6/17/2011, Entered: None
JOINDER re 114 Brief in Opposition to Motion, For Extension of Time to File Second Amended Complaint and Defendants to File Motion to Dismiss by Defendants Susan L. Ciciora, John S. Horejsi. (Hafer, Edward) (Entered: 06/17/2011)
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Legal Document (Payment Possibly Required) 115 Filed: 6/17/2011, Entered: None
DECLARATION of D. Scott Carlton in Support of Nominal Defendant Boulder Growth and Income Fund, Inc. and the Review Committee Member's 114 Opposition to Plaintiffs' Motion for Extension of Time to File Second Amended Complaint and Defendants to File Motion to Dismiss by Defendants Richard I. Barr, Boulder Growth & Income Fund, Inc., Dean L. Jacobson, Joel W. Looney. (Attachments: # 1 Exhibit A Pages 1-7)(Sullivan, William) (Modified on 6/20/2011 edited duplicate text and edited the text to Reflect the caption of the document filed)(erv, ). (Entered: 06/17/2011)
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Legal Document (Payment Possibly Required) 114 Filed: 6/17/2011, Entered: None
BRIEF in Opposition to 109 MOTION for Extension of Time to File Second Amended Complaint and Defendants to File Motions to Dismiss filed by Defendants Richard I. Barr, Boulder Growth & Income Fund, Inc., Dean L. Jacobson, Joel W. Looney. (Sullivan, William) (Entered: 06/17/2011)
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Legal Document (Payment Possibly Required) 113 Filed: 6/17/2011, Entered: None
NOTICE of Entry of Appearance by Brian Thomas Giles on behalf of Denis Ryskamp (Giles, Brian) (Entered: 06/17/2011)
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Legal Document (Payment Possibly Required) 112 Filed: 6/14/2011, Entered: None Court Filing
ORDER: This matter is before the Court on Plaintiff's Motion for Extension of Time for Plaintiff to File Second Amended Complaint and Defendants to File Motion to Dismiss 109 . Defendants are directed to file a Response to the Motion on or before June 17, 2011. No Reply will be permitted. SO ORDERED by Judge William J. Martinez on 06/14/2011. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (wjmsec, ) (Entered: 06/14/2011)
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Legal Document (Payment Possibly Required) 111 Filed: 6/13/2011, Entered: None Court Filing
ORDER granting 106 Unopposed Motion to Seal 107 Plaintiff's Motion to Compel Production of Court-Ordered Documents Under Fed. R. Civ. P. 37(a). The Clerk's office is directed to cause Plaintiff's Motion to Compel Production of Court Ordered Documents, and all exhibits referenced in or attached thereto, to remain under seal indefinitely. Said Sealed designation shall only be changed by Court Order. SO ORDERED by Judge William J. Martinez on 06/13/2011.TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (wjmsec, ) (Entered: 06/13/2011)
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Legal Document (Payment Possibly Required) 110 Filed: 6/13/2011, Entered: None
MOTION to Compel Production of Court Ordered Documents Under Fed.R.Civ.P. 37(a) by Plaintiff Denis Ryskamp. (Public Entry for SEALED Documents 107, filed 6/13/2011) TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (erv, ) (Entered: 06/13/2011)
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Legal Document (Payment Possibly Required) 109 Filed: 6/13/2011, Entered: None
MOTION for Extension of Time to File Second Amended Complaint and Defendants to File Motions to Dismiss by Plaintiff Denis Ryskamp. (Attachments: # 1 Proposed Order (PDF Only))(Shuman, Kip) (Entered: 06/13/2011)
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Legal Document (Payment Possibly Required) 108 Filed: 6/13/2011, Entered: None
Exhibits in Support of 107 Sealed Document by Plaintiff Denis Ryskamp. (Attachments: # 1 Exhibit B, Responses, # 2 Certificate of Mailing, # 3 Proposed Order (PDF Only))(Shuman, Kip) (Entered: 06/13/2011)
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Sealed Legal Document 107 Filed: 6/13/2011, Entered: None
SEALED DOCUMENT by Plaintiff Denis Ryskamp. (Attachments: # 1 Exhibit C1, Board Minutes, # 2 Exhibit C2, Board Minutes, # 3 Exhibit D, Boulder Documents)(Shuman, Kip) (Entered: 06/13/2011)
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Legal Document (Payment Possibly Required) 106 Filed: 6/13/2011, Entered: None
Unopposed MOTION to Seal Plaintiff's Motion to Compel Production of Court-Ordered Documents Under Fed. R. Civ. P. 37(a) by Plaintiff Denis Ryskamp. (Attachments: # 1 Proposed Order (PDF Only))(Shuman, Kip) (Entered: 06/13/2011)
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Legal Document (Payment Possibly Required) 105 Filed: 6/10/2011, Entered: None Court Filing
MINUTE ORDER granting 103 Motion to Withdraw as Attorney for Denis Ryskamp. Attorney Melinda S. Nenning terminated by Magistrate Judge Kristen L. Mix on 6/10/2011.(erv, ) (Entered: 06/10/2011)
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Legal Document (Payment Possibly Required) 104 Filed: 6/10/2011, Entered: None Court Filing
MEMORANDUM regarding 103 MOTION to Withdraw as Attorney filed by Denis Ryskamp. Motion referred to Magistrate Judge Kristen L. Mix by Judge William J. Martinez on 06/10/2011. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (wjmsec, ) (Entered: 06/10/2011)
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Legal Document (Payment Possibly Required) 103 Filed: 6/10/2011, Entered: None
MOTION to Withdraw as Attorney by Plaintiff Denis Ryskamp. (Attachments: # 1 Proposed Order (PDF Only))(Nenning, Melinda) (Entered: 06/10/2011)
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Legal Document (Payment Possibly Required) 102 Filed: 6/9/2011, Entered: None Court Filing
ORDER granting in part 100 Plaintiff's Motion for Page Extension on Plaintiff's Motion to Compel Production of Court Ordered Documents. Plaintiff is hereby GRANTED leave to file a Motion to Compel not to exceed 20 pages. It is FURTHER ORDERED that Defendants are also hereby GRANTED leave to file a response to said Motion to Compel not to exceed 20 pages. No reply brief in excess of 10 pages will be accepted. SO ORDERED by Judge William J. Martinez on 06/09/2011.TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (wjmsec, ) (Entered: 06/09/2011)
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Legal Document (Payment Possibly Required) 101 Filed: 6/9/2011, Entered: None
NOTICE of Entry of Appearance by Rusty Evan Glenn on behalf of Denis Ryskamp (Glenn, Rusty) (Entered: 06/09/2011)
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Legal Document (Payment Possibly Required) 100 Filed: 6/9/2011, Entered: None
Unopposed MOTION for Leave to File Excess Pages by Plaintiff Denis Ryskamp. (Attachments: # 1 Proposed Order (PDF Only))(Shuman, Kip) (Entered: 06/09/2011)
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Legal Document (Payment Possibly Required) 99 Filed: 6/6/2011, Entered: None Court Filing
PROTECTIVE ORDER, by Magistrate Judge Kristen L. Mix on 6/6/2011. (klmcd ) (Entered: 06/06/2011)
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Legal Document (Payment Possibly Required) 98 Filed: 6/6/2011, Entered: None Court Filing
MINUTE ORDER; 96 Stipulated Motion for Protective Order is GRANTED, by Magistrate Judge Kristen L. Mix on 6/6/2011.(klmcd ) (Entered: 06/06/2011)
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Legal Document (Payment Possibly Required) 97 Filed: 6/2/2011, Entered: None Court Filing
MEMORANDUM regarding 96 Stipulated MOTION for Protective Order PURSUANT TO FEDERAL RULE OF EVIDENCE 502(d) filed by Boulder Growth & Income Fund, Inc., Dean L. Jacobson, Richard I. Barr, Joel W. Looney. Motion referred to Magistrate Judge Kristen L. Mix by Judge William J. Martinez on 06/02/2011. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (wjmsec, ) (Entered: 06/02/2011)
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Legal Document (Payment Possibly Required) 96 Filed: 6/1/2011, Entered: None
Stipulated MOTION for Protective Order PURSUANT TO FEDERAL RULE OF EVIDENCE 502(d) by Defendants Richard I. Barr, Boulder Growth & Income Fund, Inc., Dean L. Jacobson, Joel W. Looney. (Attachments: # 1 Exhibit A)(Sullivan, William) (Entered: 06/01/2011)
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Legal Document (Payment Possibly Required) 95 Filed: 5/20/2011, Entered: None
ERRATA re 90 Transcript,,, by Plaintiff Denis Ryskamp. (Shuman, Kip) (Entered: 05/20/2011)
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Legal Document (Payment Possibly Required) 94 Filed: 5/20/2011, Entered: None Court Filing
MINUTE ORDER granting 92 Plaintiffs Unopposed Motion for Extension of Time for Plaintiff to File Second Amended Complaint and Defendants to File Motion to Dismiss. IT IS FURTHER ORDERED that Plaintiff shall file his Second Amended Complaint on or before June 21, 2011. IT IS FURTHER ORDERED that Defendants must file any motion to dismiss Plaintiffs Second Amended Complaint on or before July 19, 2011. by Magistrate Judge Kristen L. Mix on 5/20/2011.(erv, ) (Entered: 05/20/2011)
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Legal Document (Payment Possibly Required) 93 Filed: 5/19/2011, Entered: None Court Filing
MEMORANDUM regarding 92 Unopposed MOTION for Extension of Time to File Plaintiff's Second Amended Complaint and Defendants to File Motion to Dismiss filed by Denis Ryskamp. Motion referred to Magistrate Judge Kristen L. Mix by Judge William J. Martinez on 05/19/2011. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (wjmsec, ) (Entered: 05/19/2011)
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Legal Document (Payment Possibly Required) 92 Filed: 5/19/2011, Entered: None
Unopposed MOTION for Extension of Time to File Plaintiff's Second Amended Complaint and Defendants to File Motion to Dismiss by Plaintiff Denis Ryskamp. (Attachments: # 1 Proposed Order (PDF Only))(Shuman, Kip) (Entered: 05/19/2011)
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Legal Document (Payment Possibly Required) 91 Filed: 5/18/2011, Entered: None
ERRATA re 90 Transcript,,, by Defendants Richard I. Barr, Boulder Growth & Income Fund, Inc., Dean L. Jacobson, Joel W. Looney. (Hendrickson, Christian) (Entered: 05/18/2011)
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Legal Document (Payment Possibly Required) 90 Filed: 5/18/2011, Entered: None Court Filing
TRANSCRIPT of Motions to Dismiss held on 4/13/2011 before Judge Martinez. Pages: 1-37.
NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov.
Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. Release of Transcript Restriction set for 8/19/2011. (Daniel, Gwen) (Entered: 05/18/2011)
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Legal Document (Payment Possibly Required) 89 Filed: 4/28/2011, Entered: None Court Filing
STIPULATION AND PROTECTIVE ORDER, by Magistrate Judge Kristen L. Mix on 4/28/2011. (klmcd ) (Entered: 04/29/2011)
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Legal Document (Payment Possibly Required) 88 Filed: 4/28/2011, Entered: None Court Filing
MINUTE ORDER; 86 Unopposed Motion for Entry of Stipulated Protective Order is GRANTED, by Magistrate Judge Kristen L. Mix on 4/28/2011.(klmcd ) (Entered: 04/29/2011)
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Legal Document (Payment Possibly Required) 87 Filed: 4/28/2011, Entered: None Court Filing
MEMORANDUM regarding 86 Unopposed MOTION for Protective Order filed by Boulder Growth & Income Fund, Inc., Dean L. Jacobson, Richard I. Barr, Joel W. Looney. Motion referred to Magistrate Judge Kristen L. Mix by Judge William J. Martinez on 04/28/2011. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (wjmsec, ) (Entered: 04/28/2011)
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Legal Document (Payment Possibly Required) 86 Filed: 4/28/2011, Entered: None
Unopposed MOTION for Protective Order by Defendants Richard I. Barr, Boulder Growth & Income Fund, Inc., Dean L. Jacobson, Joel W. Looney. (Attachments: # 1 Proposed Order (PDF Only) Stipulated [Proposed] Protective Order)(Sullivan, William) (Entered: 04/28/2011)
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Legal Document (Payment Possibly Required) 85 Filed: 4/15/2011, Entered: None Court Filing
ORDER re: 35 MOTION to Dismiss Pursuant to F.R.C.P. 12(b)(6) and 23.1(a filed by Susan L. Ciciora, John S. Horejsi, 32 MOTION to Dismiss the Verified Corrected Derivative Complaint for Breach of Fiduciary Duty and Unjust Enrichment filed by Boulder Growth & Income Fund, Inc., Dean L. Jacobson, Richard I. Barr, Joel W. Looney; Defendants shall provide Plaintiff with the initial disclosures required by Fed.R.Civ.P. 26(a)(1)(A) on or before May 10, 2011, to include copies of all documents referenced in said disclosures; Defendants shall provide Plaintiff with all information and documents sought in the Feb, 23, 2010 letter from Plaintiff's Counsel to Defendants' counsel, which is Exhibit I to Defendants' Request for Judicial Notice, 34 ; Plaintiff shall have until May 31, 2011 within which to file his Second Amended Complaint; Nominal Defendant Boulder Growth and Income Fund, Inc., and the Review Committee Members Motion to Dismiss Pursuant to F.R.C.P. 8(a), 12(b)(6), and 23.1, ECF No. 32, as well as Defendants Horejsi and Cicioras Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) and 23.1(a), ECF No. 35 are DENIED WITHOUT PREJUDICE to being refiled on or before June 24, 2011; Any dispute regarding the production by Defendants of the information and documents specified in this Order shall be addressed by the District Judge; and Except as set forth above, the Magistrate Judge's Order Staying Discovery 61 shall remain in effect until further Order of Court. by Judge William J. Martinez on 4/15/2011. (erv, ) (Entered: 04/15/2011)
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Legal Document (Payment Possibly Required) 84 Filed: 4/13/2011, Entered: None Court Filing
Minute Entry for Motions Hearing held before Judge William J. Martinez: ORDERED: The Court finds the interests of justice will best be served by ordering Defendants to provide the Plaintiff with all the initial disclosures required by Rule 26(a)(1)(A) on or before May 10, 2011. The disclosures shall include copies of all documents referenced therein. Any dispute as to such disclosures shall be directed to the District Judge and will not be referred to the Magistrate Judge. ORDERED: Defendants shall provide the Plaintiff all information and documents sought in the February 23, 2010 letter from Plaintiff's counsel to Defendants' counsel, which is Exhibit I to Nominal Defendant Boulder Growth and Income Fund, Inc., And The Review Committee Members' Request for Judicial Notice 34 . Any dispute shall be directed to the District Judge and will not be referred to the Magistrate Judge. ORDERED: Plaintiff has up to and including May 31, 2011 to file a Second Amended Complaint. ORDERED: Nominal Defendant Boulder Growth And Income Fund, Inc., And the Review Committee Members' Motion to Dismiss Pursuant to F.R.C.P. 8(a), 12(b)(6), And 23.1, 32 is DENIED WITHOUT PREJUDICE TO REFILE. ORDERED: Defendants' Horejsi and Ciciora's Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) and 23.1(a), 35 is DENIED WITHOUT PREJUDICE TO REFILE. ORDERED: Defendants have up to and including June 24, 2011 to refile their Motions to Dismiss, with respect to the Second Amended Complaint.ORDERED: Except as set forth above, the Magistrate Judge's Order staying discovery 61 shall remain in effect.(Court Reporter: Gwen Daniel) (wjmcd, ) (Entered: 04/13/2011)
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Legal Document (Payment Possibly Required) 83 Filed: 4/11/2011, Entered: None
RESPONSE to 80 MOTION for Order to Grant Relief Related to Notice of Supplemental Authority filed by Defendants Boulder Growth & Income Fund, Inc., Dean L. Jacobson, Joel W. Looney. (Sullivan, William) (Entered: 04/11/2011)
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Legal Document (Payment Possibly Required) 82 Filed: 4/11/2011, Entered: None Court Filing
ORDER GRANTING 80 Plaintiff's Motion for Relief Related to Notice of Supplemental Authority; WITHDRAWING 75 Plaintiff's Notice of Supplemental Authority and 78 Plaintiff's Reply to Certain Defendants' Response Notice of Supplemental Authority pursuant to Plaintiff's Motion, and STRIKING 76 Nominal Defendant Boulder Growth and Income Fund, Inc. and Defendants Review Committee Members' Response to Plaintiff's Notice of Supplemental Authority for failure to comply with WJM Practice Standard III.F. Defendants may file a response to ECF 80 on or before 8:00 am April 12, 2011. No reply will be permitted. SO ORDERED by Judge William J. Martinez on 04/11/2011.TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (wjmlc2, ) (Entered: 04/11/2011)
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Legal Document (Payment Possibly Required) 81 Filed: 4/11/2011, Entered: None Court Filing
ORDER DENYING 79 Plaintiff's Motion to Use Powerpoint Presentation in Courtroom. Given Plaintiff's refusal to allow Defendants an opportunity to review his proposed presentation materials prior to the motions hearing scheduled for April 13, 2011, the Motion is DENIED. SO ORDERED by Judge William J. Martinez on 04/11/2011.TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (wjmsec, ) (Entered: 04/11/2011)
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Legal Document (Payment Possibly Required) 80 Filed: 4/10/2011, Entered: None
MOTION for Order to Grant Relief Related to Notice of Supplemental Authority by Plaintiff Denis Ryskamp. (Attachments: # 1 Exhibit A, # 2 Proposed Order (PDF Only))(Shuman, Kip) (Entered: 04/10/2011)
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Legal Document (Payment Possibly Required) 79 Filed: 4/8/2011, Entered: None
MOTION for Order to Use Powerpoint Presentation in Courtroom by Plaintiff Denis Ryskamp. (Shuman, Kip) (Entered: 04/08/2011)
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Legal Document (Payment Possibly Required) 78 Filed: 4/8/2011, Entered: None
NOTICE re 76 Response of Plaintiffs' Reply by Plaintiff Denis Ryskamp (Shuman, Kip) (Entered: 04/08/2011)
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Legal Document (Payment Possibly Required) 77 Filed: 4/7/2011, Entered: None
Docket Annotation re: 75 Notice, Edited the title of the text to that of the document filed. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (erv2, ) (Entered: 04/07/2011)
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Legal Document (Payment Possibly Required) 76 Filed: 4/6/2011, Entered: None
STRICKEN RESPONSE to 75 Notice of Supplemental Authority by Defendants Richard I. Barr, Boulder Growth & Income Fund, Inc., Dean L. Jacobson, Joel W. Looney. (Sullivan, William) (Modified on 4/12/2011 Stricken pursuant to the 82 Order)(erv, ). (Entered: 04/06/2011)
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Legal Document (Payment Possibly Required) 75 Filed: 4/6/2011, Entered: None
WITHDRAWN NOTICE of Supplemental Authority re 42 Response, and 43 Response by Plaintiff Denis Ryskamp (Attachments: # 1 Exhibit A)(Shuman, Kip) (Modified on 4/7/2011 edited title of text to that of the document filed) (erv2, ). (Modified on 4/12/2011 Withdrawn pursuant to the 82 Order)(erv, ). (Entered: 04/06/2011)
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Legal Document (Payment Possibly Required) 74 Filed: 3/17/2011, Entered: None Court Filing
ORDER. Pursuant to a telephone scheduling conference held 03/17/2011, between counsel and Chambers staff, Oral argument is hereby set for 04/13/2011 at 10:00 a.m., in Courtroom A601. Counsel should be prepared to address Defendants Motion to Dismiss the Verified Corrected Derivative Complaint for Breach of Fiduciary Duty and Unjust Enrichment 32 and Defendants Motion to Dismiss Pursuant to F.R.C.P. 12(b)(6) and 23.1(a) 35 . Oral Argument will be limited to a total of 45 minutes. SO ORDERED by Judge William J. Martinez on 03/17/2011. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (wjmsec, ) (Entered: 03/17/2011)
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Legal Document (Payment Possibly Required) 73 Filed: 2/25/2011, Entered: None
Joint STATUS REPORT Joint Status Report, by attorneys of record for the parties by Plaintiff Denis Ryskamp. (Harris, Jeffrey) (Entered: 02/25/2011)
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Legal Document (Payment Possibly Required) 72 Filed: 2/18/2011, Entered: None
CERTIFICATE of Service by E-mail by Clerk of Court re 69 Order to Bruce Montoya and Edward Hafer. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (erv, ) (Entered: 02/18/2011)
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Legal Document (Payment Possibly Required) 71 Filed: 2/18/2011, Entered: None
NOTICE of Entry of Appearance by Edward J. Hafer on behalf of Susan L. Ciciora, John S. Horejsi (Hafer, Edward) (Entered: 02/18/2011)
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Legal Document (Payment Possibly Required) 70 Filed: 2/18/2011, Entered: None
NOTICE of Entry of Appearance by Bruce A. Montoya on behalf of Susan L. Ciciora, John S. Horejsi (Montoya, Bruce) (Entered: 02/18/2011)
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Legal Document (Payment Possibly Required) 69 Filed: 2/16/2011, Entered: None Court Filing
ORDER The parties are directed to confer and to file a Joint Status Report due by 2/25/2011. by Judge William J. Martinez on 2/16/2011. (erv, ) (Entered: 02/16/2011)
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Legal Document (Payment Possibly Required) 68 Filed: 2/15/2011, Entered: None Court Filing
MINUTE ORDER granting 66 Motion to Withdraw as Attorney for Defendants Horejsi and Ciciora. Attorney Matthew Ray Groves terminated by Magistrate Judge Kristen L. Mix on 2/15/2011.(erv, ) (Entered: 02/15/2011)
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Legal Document (Payment Possibly Required) 67 Filed: 2/15/2011, Entered: None Court Filing
MEMORANDUM regarding 66 MOTION to Withdraw as Attorney filed by Susan L. Ciciora, John S. Horejsi. Motion referred to Magistrate Judge Kristen L. Mix by Judge William J. Martinez on 02/15/2011. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (WJMSEC) (Entered: 02/15/2011)
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Legal Document (Payment Possibly Required) 66 Filed: 2/14/2011, Entered: None
MOTION to Withdraw as Attorney by Defendants Susan L. Ciciora, John S. Horejsi. (Attachments: # 1 Proposed Order (PDF Only))(Groves, Matthew) (Entered: 02/14/2011)
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Legal Document (Payment Possibly Required) 65 Filed: 2/9/2011, Entered: None Court Filing
REASSIGNING JUDGE. This action is reassigned to Judge William J. Martinez, upon his recent appointment to the court. All future pleadings should reference Judge Martinez's initials at the end of the civil action number (such as 08-cv-00001-WJM). Unless otherwise ordered, the dates and times for all previously scheduled matters will be maintained and will now be handled by Judge Martinez in Courtroom A601. His chambers are located in Room A641 of the Alfred A. Arraj U. S. Courthouse. His chambers telephone number is 303-335-2805. TEXT ONLY ENTRY - NO DOCUMENT (gmssl, ) (Entered: 02/09/2011)
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Legal Document (Payment Possibly Required) 64 Filed: 1/5/2011, Entered: None
JOINDER re 63 Response to Plaintiff's Notice of Supplemental Authority in Support of Plaintiff's Opposition to Defendants' Motions to Dismiss by Defendants Susan L. Ciciora, John S. Horejsi. (Groves, Matthew) (Entered: 01/05/2011)
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Legal Document (Payment Possibly Required) 63 Filed: 12/16/2010, Entered: None
RESPONSE to 62 Notice (Other) of Supplemental Authority by Defendants Richard I. Barr, Boulder Growth & Income Fund, Inc., Dean L. Jacobson, Joel W. Looney. (Sullivan, William) (Entered: 12/16/2010)
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Legal Document (Payment Possibly Required) 62 Filed: 12/15/2010, Entered: None
NOTICE of Supplemental Authority by Plaintiff Denis Ryskamp (Attachments: # 1 Exhibit A)(Shuman, Kip) (Entered: 12/15/2010)
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Legal Document (Payment Possibly Required) 61 Filed: 10/21/2010, Entered: None Court Filing
ORDER denying 38 Plaintiff's Motion to Stay; granting 54 Defendant's Motion to Stay Discovery Pending Resolution of the Dispositive Motions Currently Pending before the Court. by Magistrate Judge Kristen L. Mix on 10/21/2010.(erv, ) (Entered: 10/21/2010)
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Legal Document (Payment Possibly Required) 60 Filed: 10/5/2010, Entered: None
JOINDER re 59 Reply to Response to Motion to Stay Discovery by Defendants Susan L. Ciciora, John S. Horejsi. (Groves, Matthew) (Entered: 10/05/2010)
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Legal Document (Payment Possibly Required) 59 Filed: 10/5/2010, Entered: None
REPLY to Response to 54 MOTION for Protective Order to Stay Discovery filed by Defendants Richard I. Barr, Boulder Growth & Income Fund, Inc., Dean L. Jacobson, Joel W. Looney. (Sullivan, William) (Entered: 10/05/2010)
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Legal Document (Payment Possibly Required) 58 Filed: 9/28/2010, Entered: None
RESPONSE to 54 MOTION for Protective Order to Stay Discovery filed by Plaintiff Denis Ryskamp. (Shuman, Kip) (Entered: 09/28/2010)
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Legal Document (Payment Possibly Required) 57 Filed: 9/15/2010, Entered: None Court Filing
MEMORANDUM regarding 54 MOTION for Protective Order to Stay Discovery filed by Boulder Growth & Income Fund, Inc., Dean L. Jacobson, Richard I. Barr, Joel W. Looney. Motion referred to Magistrate Judge Kristen L. Mix by Judge Christine M. Arguello on 09/15/10. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (cmasec) (Entered: 09/15/2010)
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Legal Document (Payment Possibly Required) 56 Filed: 9/14/2010, Entered: None
JOINDER re 54 MOTION for Protective Order to Stay Discovery by Defendants Susan L. Ciciora, John S. Horejsi. (Groves, Matthew) (Entered: 09/14/2010)
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Legal Document (Payment Possibly Required) 55 Filed: 9/14/2010, Entered: None
BRIEF in Support of 54 MOTION for Protective Order to Stay Discovery filed by Defendants Richard I. Barr, Boulder Growth & Income Fund, Inc., Dean L. Jacobson, Joel W. Looney. (Sullivan, William) (Entered: 09/14/2010)
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Legal Document (Payment Possibly Required) 54 Filed: 9/14/2010, Entered: None
MOTION for Protective Order to Stay Discovery by Defendants Richard I. Barr, Boulder Growth & Income Fund, Inc., Dean L. Jacobson, Joel W. Looney. (Sullivan, William) (Entered: 09/14/2010)
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Legal Document (Payment Possibly Required) 53 Filed: 9/3/2010, Entered: None
NOTICE of Filing EXHIBIT A to Plaintiff's 38 MOTION to Stay re 35 MOTION to Dismiss Pursuant to F.R.C.P. 12(b)(6) and 23.1(a)to Allow for Limited Discovery on the Independence and Investigation of the Review Committee by Plaintiff Denis Ryskamp (Attachments: # 1 Exhibit A)(Shuman, Kip) (modified on 9/7/2010 edited title of text) (Entered: 09/03/2010)
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Legal Document (Payment Possibly Required) 52 Filed: 8/31/2010, Entered: None Court Filing
Minute Entry for Scheduling Conference held before Magistrate Judge Kristen L. Mix on 8/31/2010; On or before 9/14/2010, Defendants shall file a Motion to Stay Discovery in whole or in part. Plaintiffs Response shall be due on or before 9/28/2010. Defendant's Reply shall be due on or before 10/5/2010. (Court Reporter FTR - Monique Wiles) (klmcd ) (Entered: 08/31/2010)
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Legal Document (Payment Possibly Required) 51 Filed: 8/26/2010, Entered: None
REPLY to Response to 32 MOTION to Dismiss the Verified Corrected Derivative Complaint for Breach of Fiduciary Duty and Unjust Enrichment filed by Defendants Richard I. Barr, Boulder Growth & Income Fund, Inc., Dean L. Jacobson, Joel W. Looney. (Sullivan, William) (Entered: 08/26/2010)
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Legal Document (Payment Possibly Required) 50 Filed: 8/26/2010, Entered: None
REPLY to Response to 35 MOTION to Dismiss Pursuant to F.R.C.P. 12(b)(6) and 23.1(a) filed by Defendants Susan L. Ciciora, John S. Horejsi. (Groves, Matthew) (Entered: 08/26/2010)
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Legal Document (Payment Possibly Required) 49 Filed: 8/24/2010, Entered: None
Proposed Scheduling Order by Defendants Richard I. Barr, Boulder Growth & Income Fund, Inc., Dean L. Jacobson, Joel W. Looney. (Sullivan, William) (Entered: 08/24/2010)
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Legal Document (Payment Possibly Required) 48 Filed: 8/20/2010, Entered: None
REPLY to Response to 38 MOTION to Stay re 35 MOTION to Dismiss Pursuant to F.R.C.P. 12(b)(6) and 23.1(a) to Allow for Limited Discovery on the Independence and Investigation of the Review Committee filed by Plaintiff Denis Ryskamp. (Nenning, Melinda) (Entered: 08/20/2010)
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Legal Document (Payment Possibly Required) 47 Filed: 8/6/2010, Entered: None
BRIEF in Opposition to 38 MOTION to Stay re 35 MOTION to Dismiss Pursuant to F.R.C.P. 12(b)(6) and 23.1(a) to Allow for Limited Discovery on the Independence and Investigation of the Review Committee filed by Defendants Richard I. Barr, Boulder Growth & Income Fund, Inc., Dean L. Jacobson, Joel W. Looney. (Sullivan, William) (Entered: 08/06/2010)
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Legal Document (Payment Possibly Required) 46 Filed: 8/6/2010, Entered: None
RESPONSE to 38 MOTION to Stay re 35 MOTION to Dismiss Pursuant to F.R.C.P. 12(b)(6) and 23.1(a) to Allow for Limited Discovery on the Independence and Investigation of the Review Committee filed by Defendants Susan L. Ciciora, John S. Horejsi. (Attachments: # 1 Exhibit A and B)(Groves, Matthew) (Entered: 08/06/2010)
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Legal Document (Payment Possibly Required) 45 Filed: 7/27/2010, Entered: None Court Filing
AMENDED MINUTE ORDER granting 40 Motion for Leave to File Excess Pages. Plaintiff is permitted an extension of five pages, for a total of 20 pages, for his Response to Nominal Defendant's Motion to Dismiss and his Response to Defendants Horejsi and Ciciora's Motion to Dismiss. SO ORDERED BY Judge Christine M. Arguello on 07/27/10. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (cmasec) (Entered: 07/27/2010)
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Legal Document (Payment Possibly Required) 44 Filed: 7/26/2010, Entered: None Court Filing
MINUTE ORDER granting 40 Motion for Leave to File Excess Pages. Plaintiff is permitted an extension of five pages, for a total of 15 pages, for his Response to Nominal Defendant's Motion to Dismiss and his Response to Defendants Horejsi and Ciciora's Motion to Dismiss. SO ORDERED BY Judge Christine M. Arguello on 07/26/10. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (cmasec) (Entered: 07/26/2010)
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Legal Document (Payment Possibly Required) 43 Filed: 7/26/2010, Entered: None
RESPONSE to 32 MOTION to Dismiss the Verified Corrected Derivative Complaint for Breach of Fiduciary Duty and Unjust Enrichment filed by Plaintiff Denis Ryskamp. (Shuman, Kip) (Entered: 07/26/2010)
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Legal Document (Payment Possibly Required) 42 Filed: 7/26/2010, Entered: None
RESPONSE to 35 MOTION to Dismiss Pursuant to F.R.C.P. 12(b)(6) and 23.1(a) filed by Plaintiff Denis Ryskamp. (Shuman, Kip) (Entered: 07/26/2010)
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Legal Document (Payment Possibly Required) 41 Filed: 7/26/2010, Entered: None
NOTICE of Request for Judicial Notice by Plaintiff Denis Ryskamp (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Shuman, Kip) (Entered: 07/26/2010)
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Legal Document (Payment Possibly Required) 40 Filed: 7/23/2010, Entered: None
Unopposed MOTION for Leave to File Excess Pages by Plaintiff Denis Ryskamp. (Shuman, Kip) (Entered: 07/23/2010)
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Legal Document (Payment Possibly Required) 39 Filed: 7/16/2010, Entered: None Court Filing
MEMORANDUM regarding 38 MOTION to Stay re 35 MOTION to Dismiss Pursuant to F.R.C.P. 12(b)(6) and 23.1(a) to Allow for Limited Discovery on the Independence and Investigation of the Review Committee filed by Denis Ryskamp. Motion referred to Magistrate Judge Kristen L. Mix by Judge Christine M. Arguello on 07/16/10. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (cmasec) (Entered: 07/16/2010)
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Legal Document (Payment Possibly Required) 38 Filed: 7/16/2010, Entered: None
MOTION to Stay re 35 MOTION to Dismiss Pursuant to F.R.C.P. 12(b)(6) and 23.1(a) to Allow for Limited Discovery on the Independence and Investigation of the Review Committee by Plaintiff Denis Ryskamp. (Shuman, Kip) (Entered: 07/16/2010)
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Legal Document (Payment Possibly Required) 37 Filed: 7/16/2010, Entered: None
NOTICE of Request for Judicial Notice by Plaintiff Denis Ryskamp (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Shuman, Kip) (Entered: 07/16/2010)
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Legal Document (Payment Possibly Required) 36 Filed: 6/25/2010, Entered: None Court Filing
ORDER granting 31 Motion to Withdraw as Attorney, that Travis E. Downs III and Benny C. Goodman III are permitted to withdraw as counsel for Plaintiff Dennis Ryskamp, effective immediately. The Court notes that Plaintiff Ryskamp continues to be adequately represented by other counsel. by Judge Christine M. Arguello on 6/25/2010.(erv, ) (Entered: 06/28/2010)
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Legal Document (Payment Possibly Required) 35 Filed: 6/25/2010, Entered: None
MOTION to Dismiss Pursuant to F.R.C.P. 12(b)(6) and 23.1(a) by Defendants Susan L. Ciciora, John S. Horejsi. (Attachments: # 1 Exhibit A & B)(Groves, Matthew) (Entered: 06/25/2010)
  • Attachment 1 MOTION to Dismiss Pursuant to F.R.C.P. 12(b)(6) and 23.1(a) by Defendants Susan L. Ciciora, John S. Horejsi. (Attachments: # 1 Exhibit A & B)(Groves, Matthew) (Entered: 06/25/2010)
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Legal Document (Payment Possibly Required) 34 Filed: 6/25/2010, Entered: None
NOTICE re 33 Brief in Support of Motion, 32 MOTION to Dismiss the Verified Corrected Derivative 11 Complaint for Breach of Fiduciary Duty and Unjust Enrichment Request for Judicial Notice by Defendants Richard I. Barr, Boulder Growth & Income Fund, Inc., Dean L. Jacobson, Joel W. Looney (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M)(Sullivan, William) (Modified on 6/28/2010 added link to complaint)(erv, ). (Entered: 06/25/2010)
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Legal Document (Payment Possibly Required) 33 Filed: 6/25/2010, Entered: None
BRIEF in Support of 32 MOTION to Dismiss the Verified Corrected Derivative 11 Complaint for Breach of Fiduciary Duty and Unjust Enrichment filed by Defendants Richard I. Barr, Boulder Growth & Income Fund, Inc., Dean L. Jacobson, Joel W. Looney. (Sullivan, William) (Modified on 6/28/2010 added link to complaint)(erv, ). (Entered: 06/25/2010)
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Legal Document (Payment Possibly Required) 32 Filed: 6/25/2010, Entered: None
MOTION to Dismiss the Verified Corrected Derivative 11 Complaint for Breach of Fiduciary Duty and Unjust Enrichment by Defendants Richard I. Barr, Boulder Growth & Income Fund, Inc., Dean L. Jacobson, Joel W. Looney. (Sullivan, William) (Modified on 6/28/2010 added link to complaint)(erv, ). (Entered: 06/25/2010)
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Legal Document (Payment Possibly Required) 31 Filed: 6/24/2010, Entered: None
Unopposed MOTION to Withdraw as Attorney by Plaintiff Denis Ryskamp. (Attachments: # 1 Proposed Order (PDF Only))(Shuman, Kip) (Entered: 06/24/2010)
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Legal Document (Payment Possibly Required) 30 Filed: 6/23/2010, Entered: None Court Filing
ORDER granting 29 Motion for Leave to File Excess Pages. Defendants shall be permitted a 5-page extension for their Motion to Dismiss and a 5-page extension for their Reply in support of the Motion to Dismiss. SO ORDERED BY Judge Christine M. Arguello on 06/23/10. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (cmasec) (Entered: 06/23/2010)
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Legal Document (Payment Possibly Required) 29 Filed: 6/15/2010, Entered: None
MOTION for Leave to File Excess Pages for Motion to Dismiss by Defendants Richard I. Barr, Boulder Growth & Income Fund, Inc., Dean L. Jacobson, Joel W. Looney. (Sullivan, William) (Entered: 06/15/2010)
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Legal Document (Payment Possibly Required) 28 Filed: 5/27/2010, Entered: None Court Filing
Minute ORDER granting 26 Motion to Reset Scheduling Conference for 8/31/2010 10:30 AM in Courtroom C204 before Magistrate Judge Kristen L. Mix by Magistrate Judge Kristen L. Mix on 05/27/10.(jjh, ) (Entered: 05/28/2010)
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Legal Document (Payment Possibly Required) 27 Filed: 5/26/2010, Entered: None Court Filing
MEMORANDUM regarding 26 MOTION to Reset Scheduling/Planning Conference filed by Boulder Growth & Income Fund, Inc., Dean L. Jacobson, Richard I. Barr, Joel W. Looney. Motion referred to Magistrate Judge Kristen L. Mix by Judge Christine M. Arguello on 05/26/10. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (cmasec) (Entered: 05/26/2010)
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Legal Document (Payment Possibly Required) 26 Filed: 5/25/2010, Entered: None
MOTION to Reset Scheduling/Planning Conference by Defendants Richard I. Barr, Boulder Growth & Income Fund, Inc., Dean L. Jacobson, Joel W. Looney. (Attachments: # 1 Proposed Order (PDF Only) Granting Motion to Vacate and Reschedule the Scheduling/Plainning Conference)(Sullivan, William) (Entered: 05/25/2010)
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Legal Document (Payment Possibly Required) 25 Filed: 5/12/2010, Entered: None
Utility Setting/Resetting Deadlines/Hearings: Dean L. Jacobson answer due 7/3/2010; Joel W. Looney answer due 7/3/2010 pursuant to the Waiver of Service filed on 05/09/10. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (jjh, ) (Entered: 05/12/2010)
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Legal Document (Payment Possibly Required) 24 Filed: 5/11/2010, Entered: None Court Filing
MINUTE ORDER granting 13 Defendants Unopposed Motion for for a Uniform Response Date to the Verified Corrected Derivative Complaint and a Coordinated Briefing Schedule. IT IS HEREBY ORDERED that the Motion is GRANTED. Defendants shall answer or otherwise respond to the Amended Complaint 11 on or before June 25, 2010. Plaintiffs shall file a response to any motion to dismiss filed by Defendants on or July 26, 2010. Defendants may file a reply, if any, in support of their motion(s) to dismiss on or before August 26, 2010. by Magistrate Judge Kristen L. Mix on 5/11/2010.(erv, ) (Entered: 05/11/2010)
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Legal Document (Payment Possibly Required) 23 Filed: 5/11/2010, Entered: None
JOINDER re 13 Unopposed MOTION for Leave to Utilize Coordinated Briefing Schedule by Defendants Susan L. Ciciora, John S. Horejsi. (Groves, Matthew) (Modified on 5/12/2010 edited linkage to 17 memorandum)(erv, ). (Entered: 05/11/2010)
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Legal Document (Payment Possibly Required) 22 Filed: 5/11/2010, Entered: None
NOTICE of Entry of Appearance by Matthew Ray Groves on behalf of Susan L. Ciciora, John S. Horejsi (Groves, Matthew) (Entered: 05/11/2010)
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Legal Document (Payment Possibly Required) 21 Filed: 5/11/2010, Entered: None
NOTICE of Entry of Appearance by Joshua G. Hamilton on behalf of Richard I. Barr, Boulder Growth & Income Fund, Inc., Dean L. Jacobson, Joel W. Looney (Hamilton, Joshua) (Entered: 05/11/2010)
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Legal Document (Payment Possibly Required) 20 Filed: 5/11/2010, Entered: None
NOTICE of Entry of Appearance by William F. Sullivan on behalf of Richard I. Barr, Boulder Growth & Income Fund, Inc., Dean L. Jacobson, Joel W. Looney (Sullivan, William) (Entered: 05/11/2010)
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Legal Document (Payment Possibly Required) 19 Filed: 5/9/2010, Entered: None
WAIVER OF SERVICE Returned Executed by Denis Ryskamp. Joel W. Looney waiver sent on 5/4/2010, answer due 7/3/2010. (Shuman, Kip) Modified on 5/12/2010 to correct date of service and answer due date (jjh, ). (Entered: 05/09/2010)
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Legal Document (Payment Possibly Required) 18 Filed: 5/9/2010, Entered: None
WAIVER OF SERVICE Returned Executed by Denis Ryskamp. Dean L. Jacobson waiver sent on 5/4/2010, answer due 7/3/2010. (Shuman, Kip) Modified on 5/12/2010 to correct date of service and answer due date (jjh, ). (Entered: 05/09/2010)
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Legal Document (Payment Possibly Required) 17 Filed: 5/7/2010, Entered: None Court Filing
MEMORANDUM regarding 13 Unopposed MOTION for Leave to Utilize Coordinated Briefing Schedule filed by Boulder Growth & Income Fund, Inc., Dean L. Jacobson, Richard I. Barr, Joel W. Looney. Motion referred to Magistrate Judge Kristen L. Mix by Judge Christine M. Arguello on 05/07/10. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (cmasec) (Entered: 05/07/2010)
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Legal Document (Payment Possibly Required) 16 Filed: 5/7/2010, Entered: None
NOTICE of Entry of Appearance Notice of Appearance for Melinda Nenning by Melinda S. Nenning on behalf of Denis Ryskamp (Nenning, Melinda) (Entered: 05/07/2010)
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Legal Document (Payment Possibly Required) 15 Filed: 5/7/2010, Entered: None
NOTICE of Entry of Appearance Notice of Appearance for Jeffrey P. Harris by Jeffrey P. Harris on behalf of Denis Ryskamp (Harris, Jeffrey) (Entered: 05/07/2010)
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Legal Document (Payment Possibly Required) 14 Filed: 5/6/2010, Entered: None
CORPORATE DISCLOSURE STATEMENT Boulder Growth and Income Fund, Inc. by Defendants Richard I. Barr, Boulder Growth & Income Fund, Inc., Dean L. Jacobson, Joel W. Looney.. (Hendrickson, Christian) (Entered: 05/06/2010)
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Legal Document (Payment Possibly Required) 13 Filed: 5/6/2010, Entered: None
Unopposed MOTION for Leave to Utilize Coordinated Briefing Schedule by Defendants Richard I. Barr, Boulder Growth & Income Fund, Inc., Dean L. Jacobson, Joel W. Looney. (Attachments: # 1 Proposed Order (PDF Only))(Hendrickson, Christian) (Entered: 05/06/2010)
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Legal Document (Payment Possibly Required) 12 Filed: 5/6/2010, Entered: None
NOTICE of Entry of Appearance by Christian Heath Hendrickson on behalf of Richard I. Barr, Boulder Growth & Income Fund, Inc., Dean L. Jacobson, Joel W. Looney (Hendrickson, Christian) (Entered: 05/06/2010)
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Legal Document (Payment Possibly Required) 11 Filed: 5/4/2010, Entered: None
AMENDED COMPLAINT against Richard I. Barr, Boulder Growth & Income Fund, Inc., Susan L. Ciciora, John S. Horejsi, Dean L. Jacobson, Joel W. Looney, filed by Denis Ryskamp.(erv, ) (Entered: 05/05/2010)
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Legal Document (Payment Possibly Required) 10 Filed: 5/4/2010, Entered: None Court Filing
MINUTE ORDER granting 8 Plaintiff's Motion to Amend Complaint by Magistrate Judge Kristen L. Mix on 5/4/2010.(erv, ) (Entered: 05/05/2010)
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Legal Document (Payment Possibly Required) 9 Filed: 5/4/2010, Entered: None Court Filing
MEMORANDUM regarding 8 MOTION to Amend/Correct/Modify 1 Complaint, filed by Denis Ryskamp. Motion referred to Magistrate Judge Kristen L. Mix by Judge Christine M. Arguello on 05/04/10. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (cmasec) (Entered: 05/04/2010)
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Legal Document (Payment Possibly Required) 8 Filed: 5/3/2010, Entered: None
MOTION to Amend/Correct/Modify 1 Complaint, by Plaintiff Denis Ryskamp. (Attachments: # 1 Exhibit)(Shuman, Kip) (Entered: 05/03/2010)
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Legal Document (Payment Possibly Required) 7 Filed: 5/3/2010, Entered: None Court Filing
ORDER SETTING SCHEDULING/PLANNING CONFERENCE: Scheduling Conference set for 7/15/2010 10:00 AM in Courtroom C204 before Magistrate Judge Kristen L. Mix. by Magistrate Judge Kristen L. Mix on 5/3/2010. (Attachments: # 1 Attach 1, # 2 Attach 2)(klmcd) (Entered: 05/03/2010)
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Legal Document (Payment Possibly Required) 6 Filed: 4/30/2010, Entered: None Court Filing
ORDER REFERRING CASE to Magistrate Judge Kristen L. Mix by Judge Christine M. Arguello on 4/30/10. Magistrate Judge Mix is designated to conduct NDISPO proceedings pursuant to 28 U.S.C. ยง 636(b)(1)(A) and (B) and Fed.R.Civ.P. 72(a) and (b). The parties should expect to be given a firm trial setting that is 60 to 120 days from the date of the final pretrial conference, and should be available for trial accordingly.TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(cmacd ) (Entered: 04/30/2010)
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Legal Document (Payment Possibly Required) 5 Filed: 4/29/2010, Entered: None
NOTICE re 1 Complaint, Notice of Errata by Plaintiff Denis Ryskamp (Attachments: # 1 Exhibit A)(Shuman, Kip) (Entered: 04/29/2010)
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Legal Document (Payment Possibly Required) 4 Filed: 4/28/2010, Entered: None
SUMMONS Returned Executed by Denis Ryskamp. Richard I. Barr served on 4/20/2010, answer due 5/11/2010. (Shuman, Kip) (Entered: 04/28/2010)
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Legal Document (Payment Possibly Required) 3 Filed: 4/28/2010, Entered: None
SUMMONS Returned Executed by All Plaintiffs. Susan L. Ciciora served on 4/20/2010, answer due 5/11/2010. (Shuman, Kip) (Entered: 04/28/2010)
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Legal Document (Payment Possibly Required) 2 Filed: 4/23/2010, Entered: None
SUMMONS Returned Executed by Denis Ryskamp. Boulder Growth & Income Fund, Inc. served on 4/20/2010, answer due 5/11/2010. (Shuman, Kip) (Entered: 04/23/2010)
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Legal Document (Payment Possibly Required) 1 Filed: 4/14/2010, Entered: None
Verified Derivative COMPLAINT for Breach of Fiduciary Duty and Unjust Enrichment against Richard I. Barr, Boulder Growth & Income Fund, Inc., Susan L. Ciciora, John S. Horejsi, Dean L. Jacobson, Joel W. Looney ( Filing fee $ 350, Receipt Number 27297) Summons Issued, filed by Denis Ryskamp. (Attachments: # 1 Civil Cover Sheet, # 2 Receipt)(jak, ) (Entered: 04/15/2010)
  • Attachment 1 Verified Derivative COMPLAINT for Breach of Fiduciary Duty and Unjust Enrichment against Richard I. Barr, Boulder Growth & Income Fund, Inc., Susan L. Ciciora, John S. Horejsi, Dean L. Jacobson, Joel W. Looney ( Filing fee $ 350, Receipt Number 27297) Summons Issued, filed by Denis Ryskamp. (Attachments: # 1 Civil Cover Sheet, # 2 Receipt)(jak, ) (Entered: 04/15/2010)
  • Attachment 2 Verified Derivative COMPLAINT for Breach of Fiduciary Duty and Unjust Enrichment against Richard I. Barr, Boulder Growth & Income Fund, Inc., Susan L. Ciciora, John S. Horejsi, Dean L. Jacobson, Joel W. Looney ( Filing fee $ 350, Receipt Number 27297) Summons Issued, filed by Denis Ryskamp. (Attachments: # 1 Civil Cover Sheet, # 2 Receipt)(jak, ) (Entered: 04/15/2010)
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