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63 |
Filed: 11/10/2014, Entered: None |
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MEMORANDUM in Opposition re 61 MOTION SUPPLEMENTARY PROCESS PROPOSED FINDINGS filed by All Star Enterprises and Collision Center, Inc., Robert Cucurull. (Attachments: # 1 RATC Trust, # 2 Notice)(Conn, Donald) (Entered: 11/10/2014)
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62 |
Filed: 10/21/2014, Entered: None |
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ELECTRONIC NOTICE issued requesting courtesy copy for 61 MOTION SUPPLEMENTARY PROCESS PROPOSED FINDINGS . Counsel who filed this document are requested to submit a courtesy copy of this document to the Clerk's Office by close of business 10/24/2014. These documents must be bound in a binder, clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (York, Steve) (Entered: 10/21/2014)
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61 |
Filed: 10/20/2014, Entered: None |
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MOTION SUPPLEMENTARY PROCESS PROPOSED FINDINGS by Derek Carroca. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit February 20 Transcript, # 4 Exhibit August 20 Transcript)(Ortiz, Nicholas) (Entered: 10/20/2014)
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60 |
Filed: 9/25/2014, Entered: None |
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NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) (Entered: 09/25/2014)
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59 |
Filed: 9/25/2014, Entered: None |
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Transcript of Motion Hearing held on August 20, 2014, before Ch. Magistrate Judge Jennifer C. Boal. The Transcript may be purchased through Maryann Young at 508-384-2003, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name: No Reporter Used. Digital Recording transcribed by Maryann Young. Redaction Request due 10/16/2014. Redacted Transcript Deadline set for 10/27/2014. Release of Transcript Restriction set for 12/24/2014. (Scalfani, Deborah) (Entered: 09/25/2014)
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58 |
Filed: 9/25/2014, Entered: None |
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Transcript of Motion Hearing held on February 20, 2014, before Ch. Magistrate Judge Jennifer C. Boal. The Transcript may be purchased through Maryann Young at 508-384-2003, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name: No Reporter Used. Digital Recording transcribed by Maryann Young. Redaction Request due 10/16/2014. Redacted Transcript Deadline set for 10/27/2014. Release of Transcript Restriction set for 12/24/2014. (Scalfani, Deborah) (Entered: 09/25/2014)
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57 |
Filed: 9/15/2014, Entered: None |
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Judge Denise J. Casper: ELECTRONIC ORDER entered. ORDER ON REPORT AND RECOMMENDATIONS re 49 . After reviewing the Report and Recommendation and having received no objections to same, the Court ACCEPTS and ADOPTS the Report and Recommendation. Accordingly, the Court DENIES the motion for injunctive relief, D. 31.(Hourihan, Lisa) (Entered: 09/15/2014)
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56 |
Filed: 9/8/2014, Entered: None |
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Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER entered granting 51 Motion for Extension of Time to October 20, 2014 to File Supplementary Process Proposed Findings. (York, Steve) (Entered: 09/08/2014)
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55 |
Filed: 9/8/2014, Entered: None |
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CERTIFICATE OF CONSULTATION pursuant to LR 7.1 re 51 MOTION for Extension of Time to October 20, 2014 to File Supplementary Process Proposed Findings by Nicholas F. Ortiz on behalf of Derek Carroca. (Ortiz, Nicholas) (Entered: 09/08/2014)
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54 |
Filed: 9/4/2014, Entered: None |
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Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER regarding 51 Plaintiffs Motion to Extend Deadline to File Supplementary Process Proposed Findings. The motion does not comply with L.R. 7.1, which requires a certification that the parties have met and conferred in good faith. Plaintiff shall file a certificate of compliance on or before 09/08/14. (York, Steve) (Entered: 09/04/2014)
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53 |
Filed: 9/3/2014, Entered: None |
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Judge Denise J. Casper: ELECTRONIC ORDER entered withdrawing 40 Motion to Alter Judgment (Hourihan, Lisa) (Entered: 09/03/2014)
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52 |
Filed: 9/3/2014, Entered: None |
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Judge Denise J. Casper: ELECTRONIC ORDER entered granting 50 Motion to Withdraw 40 MOTION to Alter Judgment (Hourihan, Lisa) (Entered: 09/03/2014)
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51 |
Filed: 9/2/2014, Entered: None |
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MOTION for Extension of Time to October 20, 2014 to File Supplementary Process Proposed Findings by Derek Carroca.(Ortiz, Nicholas) (Entered: 09/02/2014)
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50 |
Filed: 8/20/2014, Entered: None |
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MOTION to Withdraw 40 MOTION to Alter Judgment by Derek Carroca.(Ortiz, Nicholas) (Entered: 08/20/2014)
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49 |
Filed: 8/20/2014, Entered: None |
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Magistrate Judge Jennifer C. Boal: ORDER entered. REPORT AND RECOMMENDATIONS re 31 MOTION for Injunctive Relief filed by Derek Carroca. Recommendation: This Court recommends that the District Judge assigned to this case deny 31 Motion for Injunctive Relief. Objections to R&R due by 9/3/2014. (York, Steve) (Entered: 08/20/2014)
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48 |
Filed: 8/20/2014, Entered: None |
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ELECTRONIC Clerk's Notes for proceedings held before Magistrate Judge Jennifer C. Boal: Show Cause Hearing and Hearing on 40 Motion to Alter Judgment held on August 20, 2014. The plaintiff called Robert Cucurull and Rebekah Bedard to testify. Defendant cross examined. The plaintiff seeks an order of the Court pursuant to Massachusetts supplementary process procedures. See M.G.L. ch. 224, s. 14. The plaintiff shall file proposed findings on or before September 3, 2014. Defendant shall respond to plaintiff's proposal on or before September 17, 2014. The plaintiff stated that he withdraws his motion to alter the judgment (Docket No. 40 ). He shall file a formal motion to that effect on or before August 22, 2014. (Court Reporter: Digital Recording - For transcripts or CDs contact Deborah Scalfani by email at deborah_scalfani@mad.uscourts.gov.)(Attorneys present: Ortiz for plaintiff; Conn, Jr. for defendants;) (York, Steve) (Entered: 08/20/2014)
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47 |
Filed: 7/15/2014, Entered: None |
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Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER entered granting 44 Motion for Leave to File Reply. (York, Steve) (Entered: 07/15/2014)
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46 |
Filed: 7/15/2014, Entered: None |
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Judge Denise J. Casper: ELECTRONIC ORDER entered. REFERRING CASE to Magistrate Judge Jennifer C. Boal Referred for: Events Only (e). Motions referred: 40 MOTION to Alter Judgment , 44 MOTION for Leave to File Reply. (Maynard, Timothy) Motions referred to Jennifer C. Boal. (Entered: 07/15/2014)
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45 |
Filed: 7/15/2014, Entered: None |
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Judge Denise J. Casper: ELECTRONIC ORDER entered re: 41 Motion to Compel. Denied as moot in light of opposition, D. 42, reflecting production of discovery. (Hourihan, Lisa) (Entered: 07/15/2014)
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44 |
Filed: 3/20/2014, Entered: None |
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MOTION for Leave to File Reply by Derek Carroca. (Attachments: # 1 Proposed Reply)(Ortiz, Nicholas) (Entered: 03/20/2014)
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43 |
Filed: 3/12/2014, Entered: None |
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Opposition re 40 MOTION to Alter Judgment filed by Robert Cucurull. (Conn, Donald) (Entered: 03/12/2014)
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42 |
Filed: 3/11/2014, Entered: None |
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Opposition re 41 MOTION to Compel Discovery filed by All Star Enterprises and Collision Center, Inc., Robert Cucurull. (Attachments: # 1 Exhibit Interrogatory Responses, # 2 Exhibit Interrogatory Responses)(Conn, Donald) (Entered: 03/11/2014)
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41 |
Filed: 3/3/2014, Entered: None |
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MOTION to Compel Discovery by Derek Carroca.(Ortiz, Nicholas) (Entered: 03/03/2014)
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Request |
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40 |
Filed: 2/25/2014, Entered: None |
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MOTION to Alter Judgment by Derek Carroca. (Attachments: # 1 Trust Deed)(Ortiz, Nicholas) (Entered: 02/25/2014)
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39 |
Filed: 2/23/2014, Entered: None |
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NOTICE by Derek Carroca re 31 MOTION for Injunctive Relief (Attachments: # 1 Text of Proposed Order)(Ortiz, Nicholas) (Entered: 02/23/2014)
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38 |
Filed: 2/20/2014, Entered: None |
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ELECTRONIC Clerk's Notes for proceedings held before Magistrate Judge Jennifer C. Boal: Show Cause Hearing held on 2/20/2014. The plaintiff called Robert Cucurull and Rebekah Bedard to testify. Defendant cross examined. The plaintiff will notify the Court in writing as to whether he will withdraw his motion for injunctive relief. Plaintiff requested a further show cause hearing. A further Show Cause Hearing is set for 8/20/2014 at 10:00 a.m. in Courtroom 14 before Magistrate Judge Jennifer C. Boal. (Court Reporter: Digital Recording - For transcripts or CDs contact Deborah Scalfani by email at deborah_scalfani@mad.uscourts.gov.)(Attorneys present: Ortiz for plaintiff; Conn, Jr. for defendants;) (York, Steve) (Entered: 02/20/2014)
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37 |
Filed: 1/21/2014, Entered: None |
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Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER entered granting 35 Motion to Continue the Show Cause Hearing. The Show Cause Hearing has set been rescheduled for 2/20/2014 at 10:00 a.m. in Courtroom 14 before Magistrate Judge Jennifer C. Boal. (York, Steve) (Entered: 01/21/2014)
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35 |
Filed: 1/15/2014, Entered: None |
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MOTION to Continue Show Cause Hearing to Feb. 19, 2014 by Derek Carroca.(Ortiz, Nicholas) (Entered: 01/15/2014)
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34 |
Filed: 12/30/2013, Entered: None |
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ELECTRONIC NOTICE of Hearing. A Show Cause Hearing is set for 2/10/2014 at 2:00 p.m. in Courtroom 14 before Magistrate Judge Jennifer C. Boal. (York, Steve) (Entered: 12/30/2013)
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33 |
Filed: 12/30/2013, Entered: None |
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Judge Denise J. Casper: ELECTRONIC ORDER entered. REFERRING CASE to Magistrate Judge Jennifer C. Boal Referred for: Events Only (e). Motions referred: 31 MOTION for Injunctive Relief . The Court refers the pending motion for post-judgment injunctive relief to J. Boal for report and recommendation if Plaintiff chooses to press motion in light of any relief granted as to D. 30.(Maynard, Timothy) Motions referred to Jennifer C. Boal. (Entered: 12/30/2013)
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32 |
Filed: 12/30/2013, Entered: None |
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Judge Denise J. Casper: ELECTRONIC ORDER entered 30 ALLOWED pursuant to Fed. R. Civ. P. 69(a)(1) and Mass. Gen. L. c. 224, s. 14. Summons shall issue for each of the judgment debtors requiring them to appear February 10, 2014 at 2:00 PM and submit to an examination relative to his or its property and ability to pay. The Court refers this matter for the c. 224, s. 14 appearance and examination and any related relief to J. Boal. (Maynard, Timothy) (Entered: 12/30/2013)
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31 |
Filed: 10/15/2013, Entered: None |
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MOTION for Injunctive Relief by Derek Carroca. (Attachments: # 1 Affidavit, # 2 Exhibit A, # 3 Exhibit B)(Ortiz, Nicholas) (Entered: 10/15/2013)
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30 |
Filed: 9/26/2013, Entered: None |
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MOTION for Order to FOR SUPPLEMENTARY PROCESS AND REQUEST FOR ISSUANCE OF SUMMONSES by Derek Carroca.(Ortiz, Nicholas) (Entered: 09/26/2013)
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29 |
Filed: 9/26/2013, Entered: None |
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WRIT of Execution Returned unexecuted as to Robert Cucurull and Allstar Enterprises and Collision Center, Inc.. (Ortiz, Nicholas) (Entered: 09/26/2013)
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28 |
Filed: 9/9/2013, Entered: None |
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WRIT of First Execution issued (Maynard, Timothy) (Entered: 09/09/2013)
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27 |
Filed: 8/15/2013, Entered: None |
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Judge Denise J. Casper: ORDER entered. JUDGMENT (Hourihan, Lisa) (Entered: 08/15/2013)
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26 |
Filed: 8/15/2013, Entered: None |
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Judge Denise J. Casper: ELECTRONIC ORDER entered re: 25 Motion for Attorney Fees. Having reviewed the motion for attorney's fees and costs, including the attached documents, timesheets and affidavits, and having received no opposition, the Court ALLOWS the motion as the Court finds that the attorney work conducted, the attorney hourly rate charged and fees incurred are reasonable. Accordingly, the Court awards Plaintiff $13,037.15 in attorney's fees and costs. (Hourihan, Lisa) (Entered: 08/15/2013)
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25 |
Filed: 7/15/2013, Entered: None |
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MOTION for Attorney Fees by Derek Carroca. (Attachments: # 1 Exhibit Exhibit A: Contemporaneous Billing Records, # 2 Affidavit Exhibit B: Affidavit of Attorney Nicholas F. Ortiz, # 3 Affidavit Exhibit C: Affidavit of Attorney Kirsten Rostedt, # 4 Exhibit Exhibit D: Letter from Plaintiffs Counsel to Counsel for the Defendants)(Ortiz, Nicholas) (Entered: 07/15/2013)
- Attachment 1 Exhibit Exhibit A: Contemporaneous Billing Records
- Attachment 2 Affidavit Exhibit B: Affidavit of Attorney Nicholas F. Ortiz
- Attachment 3 Affidavit Exhibit C: Affidavit of Attorney Kirsten Rostedt
- Attachment 4 Exhibit Exhibit D: Letter from Plaintiffs Counsel to Counsel for the Defendants
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24 |
Filed: 7/10/2013, Entered: None |
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Judge Denise J. Casper: ORDER entered. MEMORANDUM AND ORDER - granting Carroca's motion for summary judgment, D. 17. The Court ORDERS an award of $19,858.50 in damages and GRANTS Carroca leave to file a petition for his attorney's fees and costs within 14 days of the date of this Order.(Hourihan, Lisa) (Entered: 07/11/2013)
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23 |
Filed: 1/18/2013, Entered: None |
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Statement of Material Facts L.R. 56.1 re 17 MOTION for Summary Judgment filed by All Star Enterprises and Collision Center, Inc., Robert Cucurull. (Conn, Donald) (Entered: 01/18/2013)
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22 |
Filed: 1/18/2013, Entered: None |
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MEMORANDUM in Opposition re 17 MOTION for Summary Judgment filed by All Star Enterprises and Collision Center, Inc., Robert Cucurull. (Conn, Donald) (Entered: 01/18/2013)
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21 |
Filed: 1/18/2013, Entered: None |
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Opposition re 17 MOTION for Summary Judgment filed by All Star Enterprises and Collision Center, Inc., Robert Cucurull. (Conn, Donald) (Entered: 01/18/2013)
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20 |
Filed: 1/9/2013, Entered: None |
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Judge Denise J. Casper: ELECTRONIC ORDER entered granting 16 Motion for Attorney Fees. In light of the Court's 12/7/12 Order allowing the motion to compel, D. 15, upon review of the verified motion for attorneys' fees and having received no opposition to same, the Court orders that Defendant Robert Cucurull pay attorneys' fees in the amount of $1140.00. Such payment shall be made to plaintiff's counsel within ten days of this Order. (Hourihan, Lisa) (Entered: 01/09/2013)
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19 |
Filed: 12/29/2012, Entered: None |
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Statement of Material Facts L.R. 56.1 re 17 MOTION for Summary Judgment filed by Derek Carroca. (Ortiz, Nicholas) (Entered: 12/29/2012)
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18 |
Filed: 12/29/2012, Entered: None |
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MEMORANDUM in Support re 17 MOTION for Summary Judgment filed by Derek Carroca. (Ortiz, Nicholas) (Entered: 12/29/2012)
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17 |
Filed: 12/29/2012, Entered: None |
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MOTION for Summary Judgment by Derek Carroca. (Attachments: # 1 Exhibit Affidavit of Kirsten A. Rostedt and Exhibits)(Ortiz, Nicholas) (Entered: 12/29/2012)
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16 |
Filed: 12/15/2012, Entered: None |
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MOTION for Attorney Fees by Derek Carroca.(Ortiz, Nicholas) (Entered: 12/15/2012)
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15 |
Filed: 12/7/2012, Entered: None |
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Judge Denise J. Casper: ELECTRONIC ORDER entered granting 13 Motion to Compel. Defendant Robert Cucurull has failed to respond to plaintiff's interrogatories served on October 5, 2012. Moreover, defendant's counsel has not responded to the discovery conference requested by plaintiff's counsel, D. 14 at 1, and has filed no opposition to the motion to compel. Accordingly, the Court orders the defendant to respond to the first set of interrogatories served on October 5, 2012 and he must do so by December 17, 2012. Plaintiff shall have until December 17, 2012 to file a verified motion for attorney's fees and costs necessitated by this motion under Fed. R. Civ. P. 37(a)(5)(A). (Hourihan, Lisa) (Entered: 12/07/2012)
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14 |
Filed: 11/21/2012, Entered: None |
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MEMORANDUM in Support re 13 MOTION to Compel Discovery filed by Derek Carroca. (Ortiz, Nicholas) (Entered: 11/21/2012)
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13 |
Filed: 11/21/2012, Entered: None |
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MOTION to Compel Discovery by Derek Carroca.(Ortiz, Nicholas) (Entered: 11/21/2012)
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| Save 25% on a pre-paid one year subscription. |
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12 |
Filed: 9/20/2012, Entered: None |
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ELECTRONIC Clerk's Notes for proceedings held before Judge Denise J. Casper: Scheduling Conference held on 9/20/2012, Initial disclosures due by 9/30/12. Fact discovery to be completed by 1/7/2013. Summary Judgment Motions due by 2/27/2013. (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Nicholas Ortiz for the plaintiff. Donald Conn for the defendants.) (Hourihan, Lisa) (Entered: 09/21/2012)
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11 |
Filed: 9/14/2012, Entered: None |
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ELECTRONIC NOTICE OF RESCHEDULING Scheduling Conference set for 9/20/2012 02:15 PM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa) (Entered: 09/14/2012)
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10 |
Filed: 9/13/2012, Entered: None |
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JOINT STATEMENT of counsel . (Conn, Donald) (Entered: 09/13/2012)
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9 |
Filed: 8/16/2012, Entered: None |
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Judge Denise J. Casper: ORDER entered. Standing Order Re: Courtroom Opportunities for Relatively Inexperienced Attorneys(Hourihan, Lisa) (Entered: 08/16/2012)
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8 |
Filed: 8/16/2012, Entered: None |
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NOTICE of Scheduling Conference Scheduling Conference set for 9/17/2012 02:15 PM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa) (Entered: 08/16/2012)
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7 |
Filed: 8/15/2012, Entered: None |
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DEFENDANTS ANSWER to 5 Amended Complaint by All Star Enterprises and Collision Center, Inc., Robert Cucurull.(Conn, Donald) (Entered: 08/15/2012)
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6 |
Filed: 8/15/2012, Entered: None |
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Summons Issued as to All Defendants as to 5 Amended Complaint. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Maynard, Timothy) (Entered: 08/15/2012)
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5 |
Filed: 7/16/2012, Entered: None |
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AMENDED COMPLAINT against All Star Enterprises and Collision Center, Inc., Robert Cucurull, filed by Derek Carroca. (Attachments: # 1 Exhibit Private Right of Action Letter, # 2 Exhibit Notice of Amendment)(Ortiz, Nicholas) (Entered: 07/16/2012)
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4 |
Filed: 7/10/2012, Entered: None |
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SUMMONS Returned Executed All Star Enterprises and Collision Center, Inc. served on 7/6/2012, answer due 7/27/2012. (Ortiz, Nicholas) (Entered: 07/10/2012)
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3 |
Filed: 7/3/2012, Entered: None |
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Summons Issued as to All Defendants. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Moore, Kellyann) (Entered: 07/03/2012)
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2 |
Filed: 7/3/2012, Entered: None |
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ELECTRONIC NOTICE of Case Assignment. Judge Denise J. Casper assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (Nicewicz, Craig) (Entered: 07/03/2012)
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1 |
Filed: 7/3/2012, Entered: None |
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COMPLAINT against All Defendants Filing fee: $ 350, receipt number 0101-4014876 (Fee Status: Filing Fee paid), filed by Derek Carroca. (Attachments: # 1 Civil Cover Sheet, # 2 Category Sheet)(Ortiz, Nicholas) (Entered: 07/03/2012)
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