Fiala et al v. Brizuela et al

Federal Civil Lawsuit Illinois Northern District Court, Case No. 1:10-cv-02895
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Summary

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Parties
No Logo Custom Homes, Inc., Plaintiff
No Logo Ed Fiala, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space William H. Ransom +1 312 953 9120 +1 312 222 1656 whrlaw@aol.com

Represented by Suite 201

Name Phone Fax E-Mail
Space Brianne Michelle Connell +1 630 587 8300 bmconnell@jpnewmanlaw.com
Space James Patrick Newman +1 630 587 8300 +1 630 587 8424 jpnewman@jpnewmanlaw.com
No Logo Tim Kobler Custom Homes, Inc., Plaintiff

Represented by nrhlaw.com Law Firm Placeholder

Name Phone Fax E-Mail
Space James Patrick Newman +1 630 587 8300 +1 630 587 8424 jpnewman@jpnewmanlaw.com
v.
No Logo B&B Enterprises, Defendant
No Logo Charles V. Muscarello, Defendant

Represented by Figliulo & Silverman, PC

Name Phone Fax E-Mail
Space James H. Bowhay +1 312 251 4600 jbowhay@fslegal.com
Space James R. Figliulo +1 312 251 4600 jfigliulo@fslegal.com
No Logo Fox Mill Limited Partnership, Defendant
No Logo Gary Sindelar, Defendant
No Logo Hudson Harrison, Defendant

Represented by Ancel, Glink, Diamond, Bush, DiCianni & Krafthefer, PC

Name Phone Fax E-Mail
Space Thomas George DiCianni +1 312 782 7606 +1 312 782 0943 tdicianni@ancelglink.com
Space Jody Knight +1 312 782 7606 +1 312 782 0943 jknight@ancelglink.com
Space Derke Jeffrey Price +1 312 782 7606 dprice@ancelglink.com
No Logo Jerry D Boose, Defendant
No Logo Kenneth Blood, Defendant
No Logo Patrick Griffin, Defendant

Represented by Villa Law Firm LLC

Name Phone Fax E-Mail
Space Robert K. Villa rvilla@gvwlawfirm.com
No Logo Raul Brizuela, Defendant

Represented by Hinshaw & Culbertson, LLP

Name Phone Fax E-Mail
Space Joel David Bertocchi +1 312 704 3130 jbertocchi@hinshawlaw.com
Space Matthew Patrick Walsh, II +1 312 704 3000 mwalsh@hinshawlaw.com

Represented by Holland & Knight, LLP

Name Phone Fax E-Mail
Space Daniel Long Farris +1 312 715 5765 daniel.farris@hklaw.com
No Logo Robert Skidmore, Defendant
No Logo Wasco Sanitary District, Defendant

Represented by Dykema Gossett, PLLC

Name Phone Fax E-Mail
Space David Joel Bressler +1 630 245 0400 dbressler@dykema.com
Space Charles Anthony LeMoine +1 312 876 1700 +1 312 876 1155 clemoine@dykema.com
Space Stephen Michael Mahieu +1 312 876 1700 smahieu@dykema.com

Represented by Leinenweber Barone & Daffada LLC

Name Phone Fax E-Mail
Space James Vincent Daffada +1 847 251 4091 jim@ilesq.com

Represented by Leinenweber Baroni & Daffada, LLC

Name Phone Fax E-Mail
Space Thomas More Leinenweber +1 312 663 3003 +1 800 896 2193 thomas@landb.us
Attributes
Citation Section 18 U.S.C. § 1962
Nature of Suit 470 - Civil (RICO) Racketeer/Corrupt Organization
Timeline
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Legal Document (Payment Possibly Required) 185 Filed: 1/21/2014, Entered: None
OPINION from the USCA for the 7th Circuit; Argued 11/19/2013; Decided 12/26/2013 in USCA case no. 12-3890 (mgh, ) (Entered: 01/22/2014)
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Legal Document (Payment Possibly Required) 184 Filed: 1/21/2014, Entered: None
MANDATE of USCA dated 12/26/2013 regarding notice of appeal 173 ; USCA No. 12-3890; IT IS ORDERED that the judgment of the District Court is AFFIRMED, with costs, in accordance with the decision of this court entered on this date. (mgh, ) (Entered: 01/22/2014)
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Legal Document (Payment Possibly Required) 183 Filed: 1/21/2014, Entered: None
LETTER from the Seventh Circuit regarding the record on appeal in USCA no. 12-3890 consisting of no record to be returned. (mgh, ) (Entered: 01/22/2014)
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Legal Document (Payment Possibly Required) 182 Filed: 2/26/2013, Entered: None
TRANSMITTED to the USCA for the 7th Circuit supplemental record on appeal 173 (USCA no. 12-03890). (vcf, ) (Entered: 02/26/2013)
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Legal Document (Payment Possibly Required) 181 Filed: 2/22/2013, Entered: None
TRANSCRIPT OF PROCEEDINGS held on 11/21/12 before the Honorable Gary Feinerman. Court Reporter Contact Information: Charles R. Zandi, 312/435-5387, charles_zandi@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 3/15/2013. Redacted Transcript Deadline set for 3/25/2013. Release of Transcript Restriction set for 5/23/2013. (Zandi, Charles) (Entered: 02/22/2013)
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Legal Document (Payment Possibly Required) 180 Filed: 2/22/2013, Entered: None
TRANSCRIPT OF PROCEEDINGS held on 6/13/12 before the Honorable Gary Feinerman. Court Reporter Contact Information: Charles R. Zandi, 312/435-5387, charles_zandi@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 3/15/2013. Redacted Transcript Deadline set for 3/25/2013. Release of Transcript Restriction set for 5/23/2013. (Zandi, Charles) (Entered: 02/22/2013)
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Legal Document (Payment Possibly Required) 179 Filed: 2/22/2013, Entered: None
TRANSCRIPT OF PROCEEDINGS held on 6/4/12 before the Honorable Gary Feinerman. Court Reporter Contact Information: Charles R. Zandi, 312/435-5387, charles_zandi@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 3/15/2013. Redacted Transcript Deadline set for 3/25/2013. Release of Transcript Restriction set for 5/23/2013. (Zandi, Charles) (Entered: 02/22/2013)
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Legal Document (Payment Possibly Required) 178 Filed: 1/14/2013, Entered: None
USCA RECEIVED on 1/14/13 the long record regarding notice of appeal 173 (dj ) (Entered: 01/15/2013)
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Legal Document (Payment Possibly Required) 177 Filed: 1/14/2013, Entered: None
TRANSMITTED to the USCA for the 7th Circuit the long record on appeal 173 (USCA no. 12-3890) (dj ) (Entered: 01/14/2013)
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Legal Document (Payment Possibly Required) 176 Filed: 12/27/2012, Entered: None
ACKNOWLEDGEMENT of receipt of short record on appeal regarding notice of appeal 173 ; USCA Case No. 12-3890 (mgh, ) (Entered: 12/28/2012)
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Legal Document (Payment Possibly Required) 175 Filed: 12/26/2012, Entered: None
TRANSMITTED to the 7th Circuit the short record on notice of appeal 173 . Notified counsel (dj ) (Entered: 12/26/2012)
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Legal Document (Payment Possibly Required) 174 Filed: 12/26/2012, Entered: None
NOTICE of Appeal Due letter sent to counsel of record. (dj ) (Entered: 12/26/2012)
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Legal Document (Payment Possibly Required) 173 Filed: 12/21/2012, Entered: None
NOTICE of appeal by B&B Enterprises, Kenneth Blood, Jerry D Boose, Fox Mill Limited Partnership, Patrick Griffin regarding orders 172 Filing fee $ 455, receipt number 0752-7881003. (Villa, Robert) (Entered: 12/21/2012)
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Legal Document (Payment Possibly Required) 172 Filed: 11/21/2012, Entered: None
MINUTE entry before Honorable Gary Feinerman:Status hearing held. For the reasons and with the qualifications stated in the record, Defendants' motions for sanctions 112 129 132 are denied. Except as noted, this court's denial of sanctions is without prejudice to Defendants seeking sanctions against Attorney Newman and Plaintiff Fiala in state court. Moreover, the court's denial of sanctions does not speak, one way or the other, to whether Attorney Newman fulfilled his professional obligations to Plaintiff Tim Kobler Custom Homes, Inc. Civil case terminated.Mailed notice (ldg, ) (Entered: 11/21/2012)
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Legal Document (Payment Possibly Required) 171 Filed: 11/9/2012, Entered: None
MINUTE entry before Honorable Gary Feinerman: Status hearing scheduled for 11/27/2012 160 is stricken and re-set for 11/21/2012 at 10:30 a.m.Mailed notice. (jlj) (Entered: 11/09/2012)
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Legal Document (Payment Possibly Required) 170 Filed: 10/24/2012, Entered: None
SUR-REPLY by Defendants B&B Enterprises, Kenneth Blood, Jerry D Boose, Fox Mill Limited Partnership, Patrick Griffin in support of Motion for Rule 11 and Sec.1927 sanctions. (Villa, Robert) (Entered: 10/24/2012)
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Legal Document (Payment Possibly Required) 169 Filed: 10/24/2012, Entered: None
SUR-REPLY by Defendants Raul Brizuela, Gary Sindelar, Robert Skidmore in support of motion for sanctions (Bertocchi, Joel) (Entered: 10/24/2012)
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Legal Document (Payment Possibly Required) 168 Filed: 10/24/2012, Entered: None
SUR-REPLY by Defendant Charles V. Muscarello Sur-Surreply in Support of Motion for Award of Sanctions (Bowhay, James) (Entered: 10/24/2012)
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Legal Document (Payment Possibly Required) 167 Filed: 10/10/2012, Entered: None
NOTICE by Ed Fiala re Response, 166 (Newman, James) (Entered: 10/10/2012)
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Legal Document (Payment Possibly Required) 166 Filed: 10/10/2012, Entered: None
RESPONSE by Plaintiff Ed Fiala to reply, 164 , reply to response to motion, 161 , reply 162 (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B - Part I, # 3 Exhibit Exhibit B - Part II, # 4 Exhibit Exhibit C, # 5 Exhibit Exhibit D)(Newman, James) (Entered: 10/10/2012)
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Legal Document (Payment Possibly Required) 165 Filed: 9/26/2012, Entered: None
MINUTE entry before Honorable Gary Feinerman:Defendants' joint motion for leave to file their reply in support of motion for sanctions instanter 163 is granted.Mailed notice. (jlj) (Entered: 09/26/2012)
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Legal Document (Payment Possibly Required) 164 Filed: 9/20/2012, Entered: None
REPLY by Defendants B&B Enterprises, Kenneth Blood, Jerry D Boose, Fox Mill Limited Partnership, Patrick Griffin to motion to file instanter 163 , memorandum in support of motion 113 , response in opposition to motion 138 , other, 114 (Attachments: # 1 Exhibit Pre-Motion Letter, # 2 Exhibit Kobler 2004 Exam Transcript)(Villa, Robert) (Entered: 09/20/2012)
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Legal Document (Payment Possibly Required) 163 Filed: 9/20/2012, Entered: None
MOTION by Defendants B&B Enterprises, Kenneth Blood, Jerry D Boose, Fox Mill Limited Partnership, Patrick Griffin to file instanter Reply in Support of Motion for Sanctions (Villa, Robert) (Entered: 09/20/2012)
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Legal Document (Payment Possibly Required) 162 Filed: 9/19/2012, Entered: None
REPLY by Defendant Charles V. Muscarello Supplemental Reply in Support of Motion for Award of Sanctions (Attachments: # 1 Exhibit Exhibits A - C)(Bowhay, James) (Entered: 09/19/2012)
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Legal Document (Payment Possibly Required) 161 Filed: 9/19/2012, Entered: None
REPLY by Raul Brizuela, Gary Sindelar, Robert Skidmore to MOTION by Defendants Raul Brizuela, Gary Sindelar, Robert Skidmore for sanctions (leave to renew original motion (ECF Doc. # 72) 129 , MOTION by Defendants Raul Brizuela, Gary Sindelar, Robert Skidmore, Wasco Sanitary District for sanctions 72 (Attachments: # 1 Exhibit A)(Bertocchi, Joel) (Entered: 09/19/2012)
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Legal Document (Payment Possibly Required) 160 Filed: 8/29/2012, Entered: None
MINUTE entry before Honorable Gary Feinerman: Status hearing held on 8/29/2012 and continued to 11/27/2012 at 1:30 p.m. All pending sanctions motions 112 129 132 are withdrawn as to Plaintiff Tim Kobler Custom Homes, Inc., though not as to counsel or Plaintiff Ed Fiala. Sanctions movants shall file their reply briefs by 9/19/2012; sanctions non-movants shall file a surreply limited to the issue noted in open court by 10/10/2012; movants shall file their sur-surreplies limited to the same issue by 10/24/2012. Mailed notice by judge's staff. (srb,) (Entered: 08/30/2012)
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Legal Document (Payment Possibly Required) 159 Filed: 8/28/2012, Entered: None
MINUTE entry before Honorable Gary Feinerman: On the Court's own motion, status hearing set for 8/29/2012 at 9:30 a.m. is re-set to 9:15 a.m. TIME CHANGE ONLY. Mailed notice by judge's staff. (srb,) (Entered: 08/28/2012)
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Legal Document (Payment Possibly Required) 158 Filed: 7/20/2012, Entered: None
MINUTE entry before Honorable Gary Feinerman:By agreement of the parties, status hearing scheduled for 7/24/2012 157 is stricken and re-set for 8/29/2012 at 9:30 a.m.Mailed notice. (jlj) (Entered: 07/20/2012)
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Legal Document (Payment Possibly Required) 157 Filed: 6/13/2012, Entered: None
MINUTE entry before Honorable Gary Feinerman:Status hearing held and continued to 7/24/2012 at 9:00 a.m.Mailed notice. (jlj) (Entered: 06/14/2012)
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Legal Document (Payment Possibly Required) 156 Filed: 6/6/2012, Entered: None
MINUTE entry before Honorable Gary Feinerman: Status hearing scheduled for 6/11/2012 155 is stricken and re-set for 6/13/2012 at 2:00 p.m.Mailed/Telephoned notice. (jlj) (Entered: 06/06/2012)
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Legal Document (Payment Possibly Required) 155 Filed: 6/6/2012, Entered: None
MINUTE entry before Honorable Gary Feinerman:By agreement of the parties, status hearing scheduled for 6/11/2012 at 3:30 p.m.Mailed notice. (jlj) (Entered: 06/06/2012)
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Legal Document (Payment Possibly Required) 154 Filed: 6/6/2012, Entered: None
MINUTE entry before Honorable Gary Feinerman:Status hearing scheduled for 6/6/2012 153 is stricken. Parties shall confer and agree on a date for the continued status hearing and contact the Courtroom Deputy before the close of business today.Mailed notice. (jlj) (Entered: 06/06/2012)
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Legal Document (Payment Possibly Required) 153 Filed: 6/4/2012, Entered: None
MINUTE entry before Honorable Gary Feinerman:Motion hearing held. Defendants' joint motion for sanctions 112 is entered and continued. Defendants' motion to renew their motion for sanctions 129 is entered and continued. Defendant Muscarello's motion for leave to file motion for sanctions 132 is entered and continued. For the reasons stated in open court, Plaintiffs' motion to clarify 140 is denied. Plaintiffs' motion to reschedule 6/14/2012 status hearing 142 is granted. Status hearing scheduled for 6/14/2012 131 is stricken and will be re-set at a later date. Defendants' joint motion for extension of time to file reply in support of motion for sanctions 144 and Defendants' motion to extend time to reply in support of motion for sanctions 146 , and Defendant Harrison's motion to extend time to reply in support of motion for sanctions 149 are granted. The date for filing reply briefs will be re-set at a later date. Status hearing set for 6/6/2012 at 10:00 a.m. Attorney John Biallas will appear at the 6/6/2012 hearing by telephone; if feasible, the court respectfully requests that a client representative from Tim Kobler Custom Homes, Inc., appear by telephone as well. [For further details see text below.]Mailed notice. (jlj) (Entered: 06/05/2012)
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Legal Document (Payment Possibly Required) 152 Filed: 6/1/2012, Entered: None
ATTORNEY Appearance for Defendants Raul Brizuela, Gary Sindelar, Robert Skidmore by Matthew Patrick Walsh, II (Walsh, Matthew) (Entered: 06/01/2012)
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Legal Document (Payment Possibly Required) 151 Filed: 6/1/2012, Entered: None
MINUTE entry before Honorable Gary Feinerman:Hearing on motions 140 142 144 146 149 scheduled for 6/4/2012 at 9:00 a.m. is re-set for 9:15 a.m.Mailed notice. (jlj) (Entered: 06/01/2012)
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Legal Document (Payment Possibly Required) 150 Filed: 5/29/2012, Entered: None
NOTICE of Motion by Jody Knight for presentment of extension of time 149 before Honorable Gary Feinerman on 6/4/2012 at 09:00 AM. (Knight, Jody) (Entered: 05/29/2012)
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Legal Document (Payment Possibly Required) 149 Filed: 5/29/2012, Entered: None
MOTION by Defendant Hudson Harrison for extension of time to Reply in Support of Motion for Sanctions (Knight, Jody) (Entered: 05/29/2012)
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Legal Document (Payment Possibly Required) 148 Filed: 5/29/2012, Entered: None
REPLY by Defendant Charles V. Muscarello IN SUPPORT OF MOTION FOR AWARD OF SANCTIONS (Attachments: # 1 Exhibit Exhibits 1 to 5, # 2 Certificate of Service Certificate of Service)(Bowhay, James) (Entered: 05/29/2012)
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Legal Document (Payment Possibly Required) 147 Filed: 5/29/2012, Entered: None
NOTICE of Motion by Joel David Bertocchi for presentment of motion to extend time 146 before Honorable Gary Feinerman on 6/4/2012 at 9:00 AM. (Bertocchi, Joel) Modified on 5/30/2012 (vmj, ). (Entered: 05/29/2012)
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Legal Document (Payment Possibly Required) 146 Filed: 5/29/2012, Entered: None
MOTION by Defendants Raul Brizuela, Gary Sindelar, Robert Skidmore to extend time to reply in support of motion for sanctins 129 . (Bertocchi, Joel) (DOcket text modified by clerk's office) (vmj, ). (Entered: 05/29/2012)
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Legal Document (Payment Possibly Required) 145 Filed: 5/28/2012, Entered: None
NOTICE of Motion by Robert K. Villa for presentment of motion for extension of time to file response/reply, 144 before Honorable Gary Feinerman on 6/4/2012 at 09:00 AM. (Villa, Robert) (Entered: 05/28/2012)
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Legal Document (Payment Possibly Required) 144 Filed: 5/28/2012, Entered: None
MOTION by Defendants B&B Enterprises, Kenneth Blood, Jerry D Boose, Fox Mill Limited Partnership, Patrick Griffin for extension of time to file response/reply in Support of Motion for Sanctions (Attachments: # 1 Notice of Filing)(Villa, Robert) (Entered: 05/28/2012)
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Legal Document (Payment Possibly Required) 143 Filed: 5/24/2012, Entered: None
NOTICE of Motion by James Patrick Newman for presentment of motion to clarify 140 , motion to reschedule 142 before Honorable Gary Feinerman on 6/4/2012 at 09:00 AM. (Newman, James) (Docket Text Modified by Clerk's Office.) (Entered: 05/24/2012)
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Legal Document (Payment Possibly Required) 142 Filed: 5/24/2012, Entered: None
MOTION by Plaintiffs Custom Homes, Inc., Ed Fiala to reschedule (Newman, James) (Docket Text Modified by Clerk's Office.) (Entered: 05/24/2012)
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Legal Document (Payment Possibly Required) 141 Filed: 5/24/2012, Entered: None
MEMORANDUM by Custom Homes, Inc., Ed Fiala in support of motion to clarify 140 (Newman, James) (Entered: 05/24/2012)
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Legal Document (Payment Possibly Required) 140 Filed: 5/24/2012, Entered: None
MOTION by Plaintiffs Custom Homes, Inc., Ed Fiala to clarify (Newman, James) (Entered: 05/24/2012)
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Legal Document (Payment Possibly Required) 139 Filed: 5/15/2012, Entered: None
NOTICE of filing by plaintiffs' re combined response to defendants' motions for sanctions under FRCP 11 and 28 USC 1927 138 . (Newman, James) (Text modified by clerk's office) (vmj, ). (Entered: 05/15/2012)
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Legal Document (Payment Possibly Required) 138 Filed: 5/15/2012, Entered: None
COMBINED RESPONSE by plaintiffs' to defendants' motions for sanctions under F.R.C.P. 11 & 28 U.S.C. 1927 112 . (Newman, James) (Text modified by clerk's office) (vmj, ) (Entered: 05/15/2012)
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Legal Document (Payment Possibly Required) 137 Filed: 4/20/2012, Entered: None
MINUTE entry before Honorable Gary Feinerman:Motion for extension of time to file response briefs to defendants' multiple motions for sanctions 135 is granted. Plaintiffs shall respond to all pending sanctions motions 112 129 132 by 5/15/2012; replies due by 5/29/2012. Motion hearing scheduled for 4/26/2012 136 is stricken.Mailed notice. (jlj) (Entered: 04/20/2012)
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Legal Document (Payment Possibly Required) 136 Filed: 4/19/2012, Entered: None
NOTICE of Motion by James Patrick Newman for presentment of motion for extension of time to file response/reply, motion for relief,,, 135 before Honorable Gary Feinerman on 4/26/2012 at 09:00 AM. (Newman, James) (Entered: 04/19/2012)
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Legal Document (Payment Possibly Required) 135 Filed: 4/19/2012, Entered: None
MOTION by Plaintiffs Custom Homes, Inc., Ed Fiala for extension of time to file response/reply as to motion for sanctions, 129 , notice of motion 115 , motion for sanctions 112 , notice of motion 123 (Newman, James) (Entered: 04/19/2012)
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Legal Document (Payment Possibly Required) 134 Filed: 4/6/2012, Entered: None
MINUTE entry before Honorable Gary Feinerman:Defendant Muscarello's motion for leave to file motion for sanctions 132 is entered and continued. Plaintiffs shall respond to the sanctions motion by 4/23/2012; movant shall reply by 5/7/2012. Motion hearing scheduled for 4/11/2012 133 is stricken.Mailed notice. (jlj) (Entered: 04/06/2012)
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Legal Document (Payment Possibly Required) 133 Filed: 4/4/2012, Entered: None
NOTICE of Motion by James H. Bowhay for presentment of motion for leave to file 132 before Honorable Gary Feinerman on 4/11/2012 at 09:00 AM. (Bowhay, James) (Entered: 04/04/2012)
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Legal Document (Payment Possibly Required) 132 Filed: 4/4/2012, Entered: None
MOTION by Defendant Charles V. Muscarello for leave to file MOTION FOR SANCTIONS (Attachments: # 1 Exhibit Exhibits A-B)(Bowhay, James) (Entered: 04/04/2012)
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Legal Document (Payment Possibly Required) 131 Filed: 3/28/2012, Entered: None
MINUTE entry before Honorable Gary Feinerman:Motion to renew motion for sanctions 129 is entered and continued. Plaintiffs shall respond to the sanctions motion by 4/23/2012; movants shall reply by 5/7/2012. Status hearing scheduled for 6/14/2012 at 9:30 a.m. Motion hearing scheduled for 4/4/2012 130 is stricken.Mailed notice. (jlj) (Entered: 03/28/2012)
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Legal Document (Payment Possibly Required) 130 Filed: 3/23/2012, Entered: None
NOTICE of Motion by Joel David Bertocchi for presentment of motion for sanctions, 129 before Honorable Gary Feinerman on 4/4/2012 at 09:00 AM. (Bertocchi, Joel) (Entered: 03/23/2012)
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Legal Document (Payment Possibly Required) 129 Filed: 3/23/2012, Entered: None
MOTION by Defendants Raul Brizuela, Gary Sindelar, Robert Skidmore for sanctions (leave to renew original motion (ECF Doc. # 72) (Attachments: # 1 Appendix Original motion, # 2 Appendix Original memorandum of law, # 3 Exhibit 1-6 and list, # 4 Exhibit 7-8, # 5 Exhibit 9, # 6 Exhibit 10-12, # 7 Exhibit 13, # 8 Exhibit 14, # 9 Exhibit 15-17, # 10 Exhibit 18, # 11 Exhibit 19)(Bertocchi, Joel) (Entered: 03/23/2012)
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Legal Document (Payment Possibly Required) 128 Filed: 3/16/2012, Entered: None
MINUTE entry before Honorable Gary Feinerman:The motion by some defendants for sanctions 112 is entered and continued. Although judgment has been entered and the case has been closed, the court retains jurisdiction to the extent required to resolve the sanctions motion. Plaintiffs shall respond to the sanctions motion by 4/20/2012; reply due by 5/4/2012. Mailed notice. (jlj) (Entered: 03/16/2012)
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Blank 127 Filed: 3/16/2012, Entered: None
MEMORANDUM Opinion and Order Written by the Honorable Gary Feinerman on 3/16/2012.Mailed notice.(jlj) (Entered: 03/16/2012)
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Blank 126 Filed: 3/16/2012, Entered: None
ENTERED JUDGMENT on 3/16/2012.Mailed notice.(jlj) (Entered: 03/16/2012)
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Legal Document (Payment Possibly Required) 125 Filed: 3/16/2012, Entered: None
MINUTE entry before Honorable Gary Feinerman:On 3/25/2011, the court entered an order 111 granting Defendants' motions to dismiss 18 21 24 28 32 and stating that final judgment would not be issued until a Memorandum Opinion and Order were issued. The court apologizes for the delay in issuing the Memorandum Opinion and Order, which is filed today. The 3/25/2011 order 111 is amended to provide that the motions to dismiss are granted in part (as to the RICO claims) and denied without prejudice in part (as to the state law claims), and that the state law claims are remanded to the Circuit Court of the Sixteenth Judicial District, Kane County, Illinois. The remand shall be effectuated in the ordinary course under Local Rule 81.2. The dismissal of the RICO claims is without prejudice to Plaintiffs pursuing their state law claims in state court. Judgment is entered on the RICO claims in favor of Defendants and against Plaintiffs Ed Fiala and Tim Kobler Custom Homes, Inc. Enter judgment order. Civil case closed. Mailed notice. (jlj, ) (Entered: 03/16/2012)
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Legal Document (Payment Possibly Required) 124 Filed: 1/5/2012, Entered: None
MINUTE entry before Honorable Gary Feinerman:Defendant Harrison's motion to join 122 is granted. Defendant Harrison may join in the previously filed motion for sanctions 112 . Motion hearing scheduled for 1/10/2012 123 is stricken.Mailed notice. (jlj) (Entered: 01/05/2012)
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Legal Document (Payment Possibly Required) 123 Filed: 1/4/2012, Entered: None
NOTICE of Motion by Jody Knight for presentment of motion to join 122 before Honorable Gary Feinerman on 1/10/2012 at 09:00 AM. (Knight, Jody) (Entered: 01/04/2012)
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Legal Document (Payment Possibly Required) 122 Filed: 1/4/2012, Entered: None
MOTION by Defendant Hudson Harrison to join in Defendants' Joint Motion for Sanctions (Knight, Jody) (Entered: 01/04/2012)
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Legal Document (Payment Possibly Required) 121 Filed: 12/30/2011, Entered: None
MINUTE entry before Honorable Gary Feinerman:Defendants' joint motion for sanctions 112 is entered and continued until further order of court. Defendant Wasco's motion for leave to withdraw appearance and substitute counsel 119 is granted. Attorney James Vincent Daffada and Thomas More Leinenweber are given leave to withdraw as counsel for the defendant and Attorney David Bressler is given leave to file his appearance as substitute counsel. Motion hearings scheduled for 1/4/2012 115 and 1/5/2012 120 are stricken.Mailed notice. (jlj) (Entered: 12/30/2011)
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Legal Document (Payment Possibly Required) 120 Filed: 12/23/2011, Entered: None
NOTICE of Motion by Thomas More Leinenweber for presentment of motion to withdraw as attorney 119 before Honorable Gary Feinerman on 1/5/2012 at 09:00 AM. (Leinenweber, Thomas) (Entered: 12/23/2011)
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Legal Document (Payment Possibly Required) 119 Filed: 12/23/2011, Entered: None
MOTION by counsel for Defendant Wasco Sanitary District to withdraw as attorney (Leinenweber, Thomas) (Entered: 12/23/2011)
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Legal Document (Payment Possibly Required) 118 Filed: 12/21/2011, Entered: None
ATTORNEY Appearance for Defendant Wasco Sanitary District by Stephen Michael Mahieu (Mahieu, Stephen) (Entered: 12/21/2011)
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Legal Document (Payment Possibly Required) 117 Filed: 12/21/2011, Entered: None
ATTORNEY Appearance for Defendant Wasco Sanitary District by Charles Anthony LeMoine (LeMoine, Charles) (Entered: 12/21/2011)
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Legal Document (Payment Possibly Required) 116 Filed: 12/16/2011, Entered: None
ATTORNEY Appearance for Defendant Wasco Sanitary District by David Joel Bressler (Bressler, David) (Entered: 12/16/2011)
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Legal Document (Payment Possibly Required) 115 Filed: 12/13/2011, Entered: None
NOTICE of Motion by Robert K. Villa for presentment of motion for sanctions 112 before Honorable Gary Feinerman on 1/4/2012 at 09:00 AM. (Villa, Robert) (Entered: 12/13/2011)
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Legal Document (Payment Possibly Required) 114 Filed: 12/13/2011, Entered: None
Exhibit in Support or Motion by B&B Enterprises, Kenneth Blood, Jerry D Boose, Fox Mill Limited Partnership, Patrick Griffin pursuant to Rule 11 and 28 U.S.C. 1927 (Attachments: # 1 Exhibit 2, # 2 Exhibit 3, # 3 Exhibit 4)(Villa, Robert) (Entered: 12/13/2011)
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Legal Document (Payment Possibly Required) 113 Filed: 12/12/2011, Entered: None
MEMORANDUM by B&B Enterprises, Kenneth Blood, Jerry D Boose, Fox Mill Limited Partnership, Patrick Griffin in support of motion for sanctions 112 pursuant to Rule 11 and 28 U.S.C. 1927 (Attachments: # 1 Exhibit 1)(Villa, Robert) (Entered: 12/12/2011)
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Legal Document (Payment Possibly Required) 112 Filed: 12/12/2011, Entered: None
MOTION by Defendants B&B Enterprises, Kenneth Blood, Jerry D Boose, Fox Mill Limited Partnership, Patrick Griffin for sanctions pursuant to Rule 11 and 28 U.S.C. 1927 (Attachments: # 1 Exhibit 1)(Villa, Robert) (Entered: 12/12/2011)
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Legal Document (Payment Possibly Required) 111 Filed: 3/25/2011, Entered: None
MINUTE entry before Honorable Gary Feinerman: For the reasons set forth in a Memorandum Opinion and Order to issue shortly, Defendants' motions to dismiss 18 21 24 28 32 are granted. Final judgment will not be entered, and the case will not be closed, until the Memorandum Opinion and Order is issued. Status hearing scheduled for 4/13/2011 96 is stricken.Mailed notice. (jlj) (Entered: 03/25/2011)
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Legal Document (Payment Possibly Required) 110 Filed: 2/9/2011, Entered: None
SUR-REPLY by Defendants B&B Enterprises, Kenneth Blood, Jerry D Boose, Fox Mill Limited Partnership, Patrick Griffin to reply 59 , memorandum in support of motion 29 , motion to dismiss 28 , sur-reply 67 , memorandum 93 (Villa, Robert) (Entered: 02/09/2011)
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Legal Document (Payment Possibly Required) 109 Filed: 2/9/2011, Entered: None
SUR-REPLY by Defendant Hudson Harrison in Support of Motion to Dismiss (Knight, Jody) (Entered: 02/09/2011)
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Legal Document (Payment Possibly Required) 108 Filed: 2/9/2011, Entered: None
SUR-REPLY by Defendant Charles V. Muscarello to memorandum in support of motion 19 , motion to dismiss 18 (Bowhay, James) (Entered: 02/09/2011)
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Legal Document (Payment Possibly Required) 107 Filed: 2/9/2011, Entered: None
SUR-REPLY by Defendants Raul Brizuela, Gary Sindelar, Robert Skidmore to response in opposition to motion,, 105 to dismiss the second amended complaint (Bertocchi, Joel) (Entered: 02/09/2011)
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Legal Document (Payment Possibly Required) 106 Filed: 2/2/2011, Entered: None
NOTICE by All Plaintiffs re response in opposition to motion,, 105 (Newman, James) (Entered: 02/02/2011)
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Legal Document (Payment Possibly Required) 105 Filed: 2/2/2011, Entered: None
RESPONSE by Custom Homes, Inc., Ed Fialain Opposition to MOTION by Defendants Patrick Griffin, B&B Enterprises, Jerry D Boose, Kenneth Blood, Fox Mill Limited Partnership to dismiss Pursuant to Rule 12(b)(6) 28 , MOTION by Defendant Wasco Sanitary District to dismiss 24 , MOTION by Defendant Hudson Harrison to dismiss Motion to Dismiss 32 , MOTION by Defendants Gary Sindelar, Robert Skidmore, Raul Brizuela to dismiss complaint 21 , MOTION by Defendant Charles V. Muscarello to dismiss pursuant to Rules 12(B)(1) and 12(B)(6) 18 (Newman, James) (Entered: 02/02/2011)
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Legal Document (Payment Possibly Required) 104 Filed: 1/31/2011, Entered: None
MINUTE entry before Honorable Gary Feinerman:Plaintiffs' motion for extension of time to file response to Defendants' supplement memoranda 102 is granted. Plaintiffs' response to Defendants' supplemental memoranda shall be filed by 2/2/2011; Defendants' replies due by 2/9/2011. Motion hearing scheduled for 2/1/2011 103 is stricken.Mailed notice. (jlj) (Entered: 01/31/2011)
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Legal Document (Payment Possibly Required) 103 Filed: 1/27/2011, Entered: None
NOTICE of Motion by Brianne Michelle Connell for presentment of motion for extension of time to file response/reply 102 before Honorable Gary Feinerman on 2/1/2011 at 09:00 AM. (Connell, Brianne) (Entered: 01/27/2011)
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Legal Document (Payment Possibly Required) 102 Filed: 1/27/2011, Entered: None
MOTION by Plaintiffs Custom Homes, Inc., Ed Fiala for extension of time to file response/reply (Connell, Brianne) (Entered: 01/27/2011)
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Legal Document (Payment Possibly Required) 101 Filed: 1/11/2011, Entered: None
MINUTE entry before Honorable Gary Feinerman: Order entered 1/7/2011 terminating Attorney Brianne M. Connell, having been entered in error is stricken. Attorney Brianne M.Connell is reinstated as counsel for the plaintiff.Mailed/Telephoned notice. (jlj) (Entered: 01/11/2011)
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Legal Document (Payment Possibly Required) 100 Filed: 1/7/2011, Entered: None
MINUTE entry before Honorable Gary Feinerman:Plaintiffs' motion to substitute counsel 98 is granted. Attorney Brianne M. Connell is terminated. The Clerk of Court is requested to reflect the following new address for attorney James P. Newman: James P Newman & Associates LLC, 2570 Foxfield Road, Suite 201, St. Charles, IL 60174, 630-587-8300 (voice), 630-587-8424 (fax). Motion hearing scheduled for 1/11/2011 99 is stricken.Mailed notice. (jlj) (Entered: 01/07/2011)
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Legal Document (Payment Possibly Required) 99 Filed: 1/5/2011, Entered: None
NOTICE of Motion by James Patrick Newman for presentment of motion to substitute attorney 98 before Honorable Gary Feinerman on 1/11/2011 at 09:00 AM. (Newman, James) (Entered: 01/05/2011)
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Legal Document (Payment Possibly Required) 98 Filed: 1/5/2011, Entered: None
MOTION by Plaintiffs Custom Homes, Inc., Ed Fiala to substitute attorney (Newman, James) (Entered: 01/05/2011)
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Legal Document (Payment Possibly Required) 97 Filed: 12/29/2010, Entered: None
MEMORANDUM by Hudson Harrison in support of motion to dismiss 32 Supplemental (Knight, Jody) (Entered: 12/29/2010)
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Legal Document (Payment Possibly Required) 96 Filed: 12/29/2010, Entered: None
MINUTE entry before Honorable Gary Feinerman: Defendant Harrison's motion for leave to file instanter 94 is granted. Defendant Harrison is allowed leave to file his supplemental memorandum, and shall file the memorandum in support of motion to dismiss as a separate docket entry. Deadline for Plaintiffs to respond to Defendants' supplemental memoranda is extended to 1/27/2011; deadline for Defendants to reply extended to 2/3/2011. Motion hearing scheduled for 1/54/2011 95 is stricken. Status hearing scheduled for 3/17/2011 90 is re-set for 4/13/2011 at 9:30 a.m. Mailed notice (pm, ) (Entered: 12/29/2010)
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Legal Document (Payment Possibly Required) 95 Filed: 12/28/2010, Entered: None
NOTICE of Motion by Jody Knight for presentment of motion for leave to file, 94 before Honorable Gary Feinerman on 1/4/2011 at 09:00 AM. (Knight, Jody) (Entered: 12/28/2010)
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Legal Document (Payment Possibly Required) 94 Filed: 12/28/2010, Entered: None
MOTION by Defendant Hudson Harrison for leave to file Supplemental Memorandum in Support of Motion to Dismiss Instanter and Extend Time for Plaintiffs to Respond to Defendants' Supplemental Memoranda (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Knight, Jody) (Entered: 12/28/2010)
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Legal Document (Payment Possibly Required) 93 Filed: 12/8/2010, Entered: None
MEMORANDUM by B&B Enterprises, Kenneth Blood, Jerry D Boose, Fox Mill Limited Partnership, Patrick Griffin (Villa, Robert) (Entered: 12/08/2010)
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Legal Document (Payment Possibly Required) 92 Filed: 12/8/2010, Entered: None
MEMORANDUM SUPPLEMENTAL Memorandum of Law in Support of Motion to Dismiss Pursuant to Rules 12(B)(1) and 12(B)(6) (Attachments: # 1 Exhibit A)(Bowhay, James) (Entered: 12/08/2010)
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Legal Document (Payment Possibly Required) 91 Filed: 12/8/2010, Entered: None
MEMORANDUM by Raul Brizuela, Gary Sindelar, Robert Skidmore in support of motion to dismiss 21 (supplemental) (Bertocchi, Joel) (Entered: 12/08/2010)
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Legal Document (Payment Possibly Required) 90 Filed: 11/18/2010, Entered: None
MINUTE entry before Honorable Gary Feinerman:Motion hearing held. Plaintiffs' motion for a ruling on their motion for leave to amend 86 is granted. Plaintiff's motion for leave to file a second amended complaint 81 is granted. Plaintiff shall file the second amended complaint as a separate docket entry. Defendants' supplemental memorandum in support of their motions to dismiss 18 21 24 28 32 shall be filed by 12/8/2010; response due by 1/7/2011; replies, if any, due by 1/14/2011. Status hearing set for 3/17/2011 at 9:30 a.m.Mailed notice. (jlj) (Entered: 11/18/2010)
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Legal Document (Payment Possibly Required) 89 Filed: 11/17/2010, Entered: None
NOTICE by All Plaintiffs re amended complaint 88 (Newman, James) (Entered: 11/17/2010)
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Legal Document (Payment Possibly Required) 88 Filed: 11/17/2010, Entered: None
SECOND AMENDED complaint by Ed Fiala, Tim Kobler Custom Homes, Inc. against All Defendants (Newman, James) (Entered: 11/17/2010)
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Legal Document (Payment Possibly Required) 87 Filed: 11/3/2010, Entered: None
NOTICE of Motion by James Patrick Newman for presentment of motion to amend/correct 86 before Honorable Gary Feinerman on 11/17/2010 at 09:00 AM. (Newman, James) (Entered: 11/03/2010)
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Legal Document (Payment Possibly Required) 86 Filed: 11/3/2010, Entered: None
MOTION by Plaintiffs Ed Fiala, Tim Kobler Custom Homes, Inc. to amend/correct (Newman, James) (Entered: 11/03/2010)
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Legal Document (Payment Possibly Required) 85 Filed: 10/21/2010, Entered: None
MINUTE entry before Honorable Ruben Castillo:Status hearing set for 11/18/2010 is vacated.Mailed notice (rao, ) (Entered: 10/21/2010)
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Legal Document (Payment Possibly Required) 84 Filed: 10/19/2010, Entered: None
EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Gary Feinerman for all further proceedings. Signed by Executive Committee on 10/19/2010. (vcf, ) (Entered: 10/21/2010)
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Legal Document (Payment Possibly Required) 83 Filed: 10/20/2010, Entered: None
MINUTE entry before Honorable Ruben Castillo:Motion hearing held on 10/20/2010. Plaintiffs' motion for leave to amend 81 is entered and continued to 11/18/2010 at 9:45 AM. Plaintiffs are given until 11/3/2010 to submit their proposed second amended complaint. The Court will hold a status hearing on 11/18/2010 at 9:45 AM.Mailed notice (rao, ) (Entered: 10/20/2010)
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Legal Document (Payment Possibly Required) 82 Filed: 10/13/2010, Entered: None
NOTICE of Motion by James Patrick Newman for presentment of motion to amend/correct 81 before Honorable Ruben Castillo on 10/20/2010 at 09:45 AM. (Newman, James) (Entered: 10/13/2010)
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Legal Document (Payment Possibly Required) 81 Filed: 10/13/2010, Entered: None
MOTION by Plaintiffs Ed Fiala, Tim Kobler Custom Homes, Inc. to amend/correct Complaint (Newman, James) (Entered: 10/13/2010)
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Legal Document (Payment Possibly Required) 80 Filed: 10/13/2010, Entered: None
MINUTE entry before Honorable Ruben Castillo:Motion hearing held on 10/13/2010. Defendant Hudson Harrison's motion to join in Wasco Sanitary District, Raul Brizuela, Robert Skidmore and Gary Sindelar's motion for sanctions 75 is granted. Defendants' motion for sanctions 72 and Plaintiffs' motion to strike defendants' motion for sanctions 78 are denied without prejudice for the reasons stated in open court. Mailed notice (rao, ) (Entered: 10/13/2010)
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Legal Document (Payment Possibly Required) 79 Filed: 10/8/2010, Entered: None
NOTICE of Motion by James Patrick Newman for presentment of motion to strike,, motion for relief,,,,, 78 before Honorable Ruben Castillo on 10/13/2010 at 09:45 AM. (Newman, James) (Entered: 10/08/2010)
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Legal Document (Payment Possibly Required) 78 Filed: 10/8/2010, Entered: None
MOTION by Plaintiffs Ed Fiala, Tim Kobler Custom Homes, Inc. to strike memorandum in support of motion, 73 , MOTION by Defendant Hudson Harrison to join Sanctions 75 , MOTION by Defendants Raul Brizuela, Gary Sindelar, Robert Skidmore, Wasco Sanitary District for sanctions 72 (Newman, James) (Entered: 10/08/2010)
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Legal Document (Payment Possibly Required) 77 Filed: 10/7/2010, Entered: None
NOTICE by Thomas More Leinenweber of Change of Address (Leinenweber, Thomas) (Entered: 10/07/2010)
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Legal Document (Payment Possibly Required) 76 Filed: 10/6/2010, Entered: None
NOTICE of Motion by Jody Knight for presentment of motion to join 75 before Honorable Ruben Castillo on 10/13/2010 at 09:45 AM. (Knight, Jody) (Entered: 10/06/2010)
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Legal Document (Payment Possibly Required) 75 Filed: 10/6/2010, Entered: None
MOTION by Defendant Hudson Harrison to join Sanctions (Knight, Jody) (Entered: 10/06/2010)
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Legal Document (Payment Possibly Required) 74 Filed: 10/5/2010, Entered: None
NOTICE of Motion by Joel David Bertocchi for presentment of motion for sanctions 72 before Honorable Ruben Castillo on 10/13/2010 at 09:45 AM. (Bertocchi, Joel) (Entered: 10/05/2010)
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Legal Document (Payment Possibly Required) 73 Filed: 10/5/2010, Entered: None
MEMORANDUM in support of motion for sanctions (Doc # 72) (Attachments: # 1 Exhibit List & Exhibits 1-6, # 2 Exhibit Exhibits 7-8, # 3 Exhibit Exhibit 9, # 4 Exhibit Exhibits 10-12, # 5 Exhibit Exhibit 13, # 6 Exhibit Exhibit 14, # 7 Exhibit Exhibits 15-17)(Bertocchi, Joel) (Entered: 10/05/2010)
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Legal Document (Payment Possibly Required) 72 Filed: 10/5/2010, Entered: None
MOTION by Defendants Raul Brizuela, Gary Sindelar, Robert Skidmore, Wasco Sanitary District for sanctions (Bertocchi, Joel) (Entered: 10/05/2010)
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Legal Document (Payment Possibly Required) 71 Filed: 10/1/2010, Entered: None
MINUTE entry before Honorable Ruben Castillo: The motion of Daniel L. Farris to withdraw as counsel on behalf of defendants Raul Brizuela, Robert Skidmore, and Gary Sindelar 69 is granted. Mailed notice (vcf, ) (Entered: 10/04/2010)
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Legal Document (Payment Possibly Required) 70 Filed: 10/1/2010, Entered: None
NOTICE of Motion by Daniel Long Farris for presentment of motion to withdraw as attorney 69 before Honorable Ruben Castillo on 10/6/2010 at 09:45 AM. (Farris, Daniel) (Entered: 10/01/2010)
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Legal Document (Payment Possibly Required) 69 Filed: 10/1/2010, Entered: None
MOTION by counsel for Defendants Raul Brizuela, Gary Sindelar, Robert Skidmore to withdraw as attorney (Farris, Daniel) (Entered: 10/01/2010)
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Legal Document (Payment Possibly Required) 68 Filed: 10/1/2010, Entered: None
NOTICE by Daniel Long Farris of Change of Address (Farris, Daniel) (Entered: 10/01/2010)
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Legal Document (Payment Possibly Required) 67 Filed: 9/3/2010, Entered: None
SUR-REPLY by Defendants B&B Enterprises, Kenneth Blood, Jerry D Boose, Fox Mill Limited Partnership, Patrick Griffin to reply 59 , amended complaint, 61 (Villa, Robert) (Entered: 09/03/2010)
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Legal Document (Payment Possibly Required) 66 Filed: 9/3/2010, Entered: None
SUR-REPLY by Defendants Raul Brizuela, Gary Sindelar, Robert Skidmore to motion to dismiss 21 (Bertocchi, Joel) (Entered: 09/03/2010)
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Legal Document (Payment Possibly Required) 65 Filed: 9/3/2010, Entered: None
RESPONSE by Hudson Harrisonin Support of MOTION by Defendant Hudson Harrison to dismiss Motion to Dismiss 32 (Knight, Jody) (Entered: 09/03/2010)
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Legal Document (Payment Possibly Required) 64 Filed: 9/1/2010, Entered: None
NOTICE by All Plaintiffs re other 63 (Connell, Brianne) (Entered: 09/01/2010)
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Legal Document (Payment Possibly Required) 63 Filed: 9/1/2010, Entered: None
Page 28 of First Amended Complaint by Ed Fiala, Tim Kobler Custom Homes, Inc. (Connell, Brianne) (Entered: 09/01/2010)
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Legal Document (Payment Possibly Required) 62 Filed: 8/20/2010, Entered: None
NOTICE by Ed Fiala, Tim Kobler Custom Homes, Inc. re amended complaint, 61 (Newman, James) (Entered: 08/20/2010)
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Blank 61 Filed: 8/20/2010, Entered: None
AMENDED complaint by Ed Fiala, Tim Kobler Custom Homes, Inc. against B&B Enterprises, Kenneth Blood, Jerry D Boose, Raul Brizuela, Fox Mill Limited Partnership, Patrick Griffin, Hudson Harrison, Charles V. Muscarello, Gary Sindelar, Robert Skidmore, Wasco Sanitary District (Newman, James) (Entered: 08/20/2010)
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Legal Document (Payment Possibly Required) 60 Filed: 8/17/2010, Entered: None
MINUTE entry before Honorable Ruben Castillo:Motion hearing held on 8/17/2010. Defendant Harrison's motion for extension of time to file reply brief 44 is granted. Defendant Harrison's reply brief to his motion to dismiss 32 is due on or before 9/3/2010. Plaintiffs' motion for partial summary judgment 48 is stricken for the reasons stated in open court. Plaintiffs' motion to supplement 46 is granted to the extent that the Court will allow Plaintiffs to file an amended complaint with the document attached as an exhibit. Plaintiffs should file the amended complaint by 8/20/10. Defendants will be given until 9/3/2010 to file a sur-response to their motions to dismiss. Mailed notice (rao, ) (Entered: 08/17/2010)
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Legal Document (Payment Possibly Required) 59 Filed: 8/13/2010, Entered: None
REPLY by Defendants B&B Enterprises, Kenneth Blood, Jerry D Boose, Fox Mill Limited Partnership, Patrick Griffin in support of Motion to Dismiss Complaint (Villa, Robert) (Entered: 08/13/2010)
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Legal Document (Payment Possibly Required) 58 Filed: 8/13/2010, Entered: None
REPLY by Raul Brizuela, Gary Sindelar, Robert Skidmore to response in opposition to motion,, 42 , MOTION by Defendants Gary Sindelar, Robert Skidmore, Raul Brizuela to dismiss complaint 21 (Bertocchi, Joel) (Entered: 08/13/2010)
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Legal Document (Payment Possibly Required) 57 Filed: 8/13/2010, Entered: None
REPLY by Defendant Charles V. Muscarello to motion to dismiss 18 (Bowhay, James) (Entered: 08/13/2010)
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Legal Document (Payment Possibly Required) 56 Filed: 8/13/2010, Entered: None
NOTICE by Wasco Sanitary District re reply to response to motion 55 (Leinenweber, Thomas) (Entered: 08/13/2010)
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Legal Document (Payment Possibly Required) 55 Filed: 8/13/2010, Entered: None
REPLY by Wasco Sanitary District to response in opposition to motion,, 42 (Leinenweber, Thomas) (Entered: 08/13/2010)
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Legal Document (Payment Possibly Required) 54 Filed: 8/11/2010, Entered: None
RESPONSE by Raul Brizuela, Gary Sindelar, Robert Skidmorein Opposition to MOTION by Defendant Hudson Harrison for extension of timeMOTION by Defendant Hudson Harrison for extension of time to file response/reply Brief 44 (Bertocchi, Joel) (Entered: 08/11/2010)
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Legal Document (Payment Possibly Required) 53 Filed: 8/10/2010, Entered: None
ATTORNEY Appearance for Defendants Raul Brizuela, Gary Sindelar, Robert Skidmore by Daniel Long Farris (Farris, Daniel) (Entered: 08/10/2010)
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Legal Document (Payment Possibly Required) 52 Filed: 8/10/2010, Entered: None
NOTICE by Ed Fiala, Tim Kobler Custom Homes, Inc. re statement 51 (Newman, James) (Entered: 08/10/2010)
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Legal Document (Payment Possibly Required) 51 Filed: 8/10/2010, Entered: None
Facts STATEMENT by Ed Fiala, Tim Kobler Custom Homes, Inc. (Newman, James) (Entered: 08/10/2010)
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Legal Document (Payment Possibly Required) 50 Filed: 8/10/2010, Entered: None
NOTICE of Motion by James Patrick Newman for presentment of motion for partial summary judgment 48 before Honorable Ruben Castillo on 8/17/2010 at 09:45 AM. (Newman, James) (Entered: 08/10/2010)
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Legal Document (Payment Possibly Required) 49 Filed: 8/10/2010, Entered: None
MEMORANDUM by Ed Fiala, Tim Kobler Custom Homes, Inc. in support of motion for partial summary judgment 48 (Newman, James) (Entered: 08/10/2010)
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Legal Document (Payment Possibly Required) 48 Filed: 8/10/2010, Entered: None
MOTION by Plaintiffs Ed Fiala, Tim Kobler Custom Homes, Inc. for partial summary judgment (Newman, James) (Entered: 08/10/2010)
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Legal Document (Payment Possibly Required) 47 Filed: 8/10/2010, Entered: None
NOTICE of Motion by James Patrick Newman for presentment of motion to supplement 46 before Honorable Ruben Castillo on 8/17/2010 at 09:45 AM. (Newman, James) (Entered: 08/10/2010)
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Legal Document (Payment Possibly Required) 46 Filed: 8/10/2010, Entered: None
MOTION by Plaintiffs Ed Fiala, Tim Kobler Custom Homes, Inc. to supplement (Newman, James) (Entered: 08/10/2010)
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Legal Document (Payment Possibly Required) 45 Filed: 8/10/2010, Entered: None
NOTICE of Motion by Jody Knight for presentment of extension of time, motion for extension of time to file response/reply 44 before Honorable Ruben Castillo on 8/17/2010 at 09:45 AM. (Knight, Jody) (Entered: 08/10/2010)
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Legal Document (Payment Possibly Required) 44 Filed: 8/10/2010, Entered: None
MOTION by Defendant Hudson Harrison for extension of time, MOTION by Defendant Hudson Harrison for extension of time to file response/reply Brief (Knight, Jody) (Entered: 08/10/2010)
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Legal Document (Payment Possibly Required) 43 Filed: 7/30/2010, Entered: None
NOTICE by Ed Fiala, Tim Kobler Custom Homes, Inc. re response in opposition to motion,, 42 (Newman, James) (Entered: 07/30/2010)
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Legal Document (Payment Possibly Required) 42 Filed: 7/30/2010, Entered: None
RESPONSE by Ed Fiala, Tim Kobler Custom Homes, Inc.in Opposition to MOTION by Defendants Patrick Griffin, B&B Enterprises, Jerry D Boose, Kenneth Blood, Fox Mill Limited Partnership to dismiss Pursuant to Rule 12(b)(6) 28 , MOTION by Defendant Wasco Sanitary District to dismiss 24 , MOTION by Defendant Hudson Harrison to dismiss Motion to Dismiss 32 , MOTION by Defendants Gary Sindelar, Robert Skidmore, Raul Brizuela to dismiss complaint 21 , MOTION by Defendant Charles V. Muscarello to dismiss pursuant to Rules 12(B)(1) and 12(B)(6) 18 (Newman, James) (Entered: 07/30/2010)
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Legal Document (Payment Possibly Required) 41 Filed: 7/30/2010, Entered: None
MINUTE entry before Honorable Ruben Castillo:Plaintiffs' motion for extension of time to file response brief and motion for leave to file brief in excess of 30 pages 37 is voluntarily withdrawn. Motion hearing set for 8/3/2010 is vacated.Mailed notice (rao, ) (Entered: 07/30/2010)
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Legal Document (Payment Possibly Required) 40 Filed: 7/28/2010, Entered: None
RESPONSE by B&B Enterprises, Kenneth Blood, Jerry D Boose, Fox Mill Limited Partnership, Patrick Griffinin Opposition to MOTION by Plaintiffs Ed Fiala, Tim Kobler Custom Homes, Inc. for extension of time to file response/replyMOTION by Plaintiffs Ed Fiala, Tim Kobler Custom Homes, Inc. for leave to file excess pages 37 (Villa, Robert) (Entered: 07/28/2010)
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Legal Document (Payment Possibly Required) 39 Filed: 7/28/2010, Entered: None
RESPONSE by Raul Brizuela, Gary Sindelar, Robert Skidmorein Opposition to MOTION by Plaintiffs Ed Fiala, Tim Kobler Custom Homes, Inc. for extension of time to file response/replyMOTION by Plaintiffs Ed Fiala, Tim Kobler Custom Homes, Inc. for leave to file excess pages 37 (Bertocchi, Joel) (Entered: 07/28/2010)
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Legal Document (Payment Possibly Required) 38 Filed: 7/27/2010, Entered: None
NOTICE of Motion by Brianne Michelle Connell for presentment of motion for extension of time to file response/reply, motion for leave to file excess pages 37 before Honorable Ruben Castillo on 8/3/2010 at 09:45 AM. (Connell, Brianne) (Entered: 07/27/2010)
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Legal Document (Payment Possibly Required) 37 Filed: 7/27/2010, Entered: None
MOTION by Plaintiffs Ed Fiala, Tim Kobler Custom Homes, Inc. for extension of time to file response/reply, MOTION by Plaintiffs Ed Fiala, Tim Kobler Custom Homes, Inc. for leave to file excess pages (Connell, Brianne) (Entered: 07/27/2010)
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Legal Document (Payment Possibly Required) 36 Filed: 7/23/2010, Entered: None
Trustee Defendants' Citation of Supplemental Authority by Raul Brizuela, Gary Sindelar, Robert Skidmore (Attachments: # 1 Appendix Skilling Opinion)(Bertocchi, Joel) (Entered: 07/23/2010)
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Legal Document (Payment Possibly Required) 35 Filed: 6/22/2010, Entered: None
MINUTE entry before Honorable Ruben Castillo:Motion hearing held on 6/22/2010. Plaintiffs' combined response to defendants' motion to dismiss 18 , 21 , 24 , 28 , 32 is due on or before 7/30/2010. Plaintiffs' response should not exceed 30 pages. Defendants' reply briefs will be due on or before 8/13/2010. The Court will rule by mail.Mailed notice (rao, ) (Entered: 06/22/2010)
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Legal Document (Payment Possibly Required) 34 Filed: 6/18/2010, Entered: None
MEMORANDUM by Hudson Harrison in support of motion to dismiss 32 (Knight, Jody) (Entered: 06/18/2010)
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Legal Document (Payment Possibly Required) 33 Filed: 6/18/2010, Entered: None
NOTICE of Motion by Jody Knight for presentment of motion to dismiss 32 before Honorable Ruben Castillo on 6/22/2010 at 09:30 AM. (Knight, Jody) (Entered: 06/18/2010)
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Legal Document (Payment Possibly Required) 32 Filed: 6/18/2010, Entered: None
MOTION by Defendant Hudson Harrison to dismiss Motion to Dismiss (Knight, Jody) (Entered: 06/18/2010)
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Legal Document (Payment Possibly Required) 31 Filed: 6/17/2010, Entered: None
ATTORNEY Appearance for Defendant Hudson Harrison by Derke Jeffrey Price (Price, Derke) (Entered: 06/17/2010)
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Legal Document (Payment Possibly Required) 30 Filed: 6/15/2010, Entered: None
MINUTE entry before Honorable Ruben Castillo:Defendant Hudson Harrison's motion for extension of time to answer or otherwise plead to plaintiff's complaint 26 is granted. Defendant to answer or otherwise plead to the complaint by 6/18/2010. Final extension. All pending motions to dismiss 18 , 21 , 24 , 28 are entered and continued to 6/22/2010 at 9:30 AM. Motion hearing set for 6/16/2010 is vacated.Mailed notice (rao, ) (Entered: 06/15/2010)
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Legal Document (Payment Possibly Required) 29 Filed: 6/11/2010, Entered: None
MEMORANDUM by B&B Enterprises, Kenneth Blood, Jerry D Boose, Fox Mill Limited Partnership, Patrick Griffin in support of motion to dismiss 28 Pursuant to Rule 12(b)(6) (Villa, Robert) (Entered: 06/11/2010)
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Legal Document (Payment Possibly Required) 28 Filed: 6/11/2010, Entered: None
MOTION by Defendants Patrick Griffin, B&B Enterprises, Jerry D Boose, Kenneth Blood, Fox Mill Limited Partnership to dismiss Pursuant to Rule 12(b)(6) (Villa, Robert) (Entered: 06/11/2010)
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Legal Document (Payment Possibly Required) 27 Filed: 6/11/2010, Entered: None
NOTICE of Motion by Jody Knight for presentment of extension of time 26 before Honorable Ruben Castillo on 6/16/2010 at 09:45 AM. (Knight, Jody) (Entered: 06/11/2010)
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Legal Document (Payment Possibly Required) 26 Filed: 6/11/2010, Entered: None
MOTION by Defendant Hudson Harrison for extension of time to answer or otherwise plead (Knight, Jody) (Entered: 06/11/2010)
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Legal Document (Payment Possibly Required) 25 Filed: 6/11/2010, Entered: None
NOTICE of Motion by James Vincent Daffada for presentment of motion to dismiss 24 before Honorable Ruben Castillo on 6/16/2010 at 09:45 AM. (Daffada, James) (Entered: 06/11/2010)
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Legal Document (Payment Possibly Required) 24 Filed: 6/11/2010, Entered: None
MOTION by Defendant Wasco Sanitary District to dismiss (Daffada, James) (Entered: 06/11/2010)
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Legal Document (Payment Possibly Required) 23 Filed: 6/11/2010, Entered: None
NOTICE of Motion by Joel David Bertocchi for presentment of motion to dismiss 21 before Honorable Ruben Castillo on 6/16/2010 at 09:45 AM. (Bertocchi, Joel) (Entered: 06/11/2010)
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Legal Document (Payment Possibly Required) 22 Filed: 6/11/2010, Entered: None
MEMORANDUM in support of motion to dismiss complaint (Bertocchi, Joel) (Entered: 06/11/2010)
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Legal Document (Payment Possibly Required) 21 Filed: 6/11/2010, Entered: None
MOTION by Defendants Gary Sindelar, Robert Skidmore, Raul Brizuela to dismiss complaint (Bertocchi, Joel) (Entered: 06/11/2010)
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Legal Document (Payment Possibly Required) 20 Filed: 6/11/2010, Entered: None
NOTICE of Motion by James H. Bowhay for presentment of motion to dismiss 18 before Honorable Ruben Castillo on 6/16/2010 at 09:45 AM. (Bowhay, James) (Entered: 06/11/2010)
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Legal Document (Payment Possibly Required) 19 Filed: 6/11/2010, Entered: None
MEMORANDUM by Charles V. Muscarello in support of motion to dismiss 18 pursuant to Rules 12(B)(1) and 12(B)(6) (Attachments: # 1 Exhibit 1)(Bowhay, James) (Entered: 06/11/2010)
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Legal Document (Payment Possibly Required) 18 Filed: 6/11/2010, Entered: None
MOTION by Defendant Charles V. Muscarello to dismiss pursuant to Rules 12(B)(1) and 12(B)(6) (Bowhay, James) (Entered: 06/11/2010)
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Legal Document (Payment Possibly Required) 17 Filed: 6/9/2010, Entered: None
ATTORNEY Appearance for Defendant Hudson Harrison by Thomas George DiCianni (DiCianni, Thomas) (Entered: 06/09/2010)
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Legal Document (Payment Possibly Required) 16 Filed: 6/8/2010, Entered: None
ATTORNEY Appearance for Defendant Hudson Harrison by Jody Knight (Knight, Jody) (Entered: 06/08/2010)
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Legal Document (Payment Possibly Required) 15 Filed: 5/25/2010, Entered: None
MINUTE entry before Honorable Ruben Castillo:The Minute Entry 14 entered earlier today is amended as follows: All defendants are to answer or otherwise plead to the complaint on or before 6/11/2010.Mailed notice (rao, ) (Entered: 05/25/2010)
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Legal Document (Payment Possibly Required) 14 Filed: 5/25/2010, Entered: None
MINUTE entry before Honorable Ruben Castillo:Defendant Wasco Sanitary District's motion for extension of time to answer 8 is granted. Defendant Wasco Sanitary District to answer or otherwise plead to the complaint on or before 6/11/2010. Motion hearing set for 5/26/2010 is vacated.Mailed notice (rao, ) (Entered: 05/25/2010)
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Legal Document (Payment Possibly Required) 13 Filed: 5/25/2010, Entered: None
ATTORNEY Appearance for Plaintiffs Ed Fiala, Tim Kobler Custom Homes, Inc. by Brianne Michelle Connell (Connell, Brianne) (Entered: 05/25/2010)
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Legal Document (Payment Possibly Required) 12 Filed: 5/25/2010, Entered: None
ATTORNEY Appearance for Plaintiffs Ed Fiala, Tim Kobler Custom Homes, Inc. by William H. Ransom (Ransom, William) (Entered: 05/25/2010)
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Legal Document (Payment Possibly Required) 11 Filed: 5/25/2010, Entered: None
ATTORNEY Appearance for Plaintiffs Ed Fiala, Tim Kobler Custom Homes, Inc. by James Patrick Newman (Newman, James) (Entered: 05/25/2010)
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Legal Document (Payment Possibly Required) 10 Filed: 5/21/2010, Entered: None
ATTORNEY Appearance for Defendants B&B Enterprises, Kenneth Blood, Jerry D Boose, Fox Mill Limited Partnership, Patrick Griffin by Robert K. Villa The Villa Law Firm LLC (Villa, Robert) (Entered: 05/21/2010)
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Legal Document (Payment Possibly Required) 9 Filed: 5/20/2010, Entered: None
NOTICE of Motion by Thomas More Leinenweber for presentment of motion for extension of time to file answer, motion for relief 8 before Honorable Ruben Castillo on 5/26/2010 at 09:45 AM. (Leinenweber, Thomas) (Entered: 05/20/2010)
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Legal Document (Payment Possibly Required) 8 Filed: 5/20/2010, Entered: None
MOTION by Defendant Wasco Sanitary District for extension of time to file answer regarding notice of removal,,, 1 (Leinenweber, Thomas) (Entered: 05/20/2010)
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Legal Document (Payment Possibly Required) 7 Filed: 5/20/2010, Entered: None
ATTORNEY Appearance for Defendant Charles V. Muscarello by James H. Bowhay (Bowhay, James) (Entered: 05/20/2010)
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Legal Document (Payment Possibly Required) 6 Filed: 5/20/2010, Entered: None
ATTORNEY Appearance for Defendant Charles V. Muscarello by James R. Figliulo (Figliulo, James) (Entered: 05/20/2010)
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Legal Document (Payment Possibly Required) 5 Filed: 5/13/2010, Entered: None
ATTORNEY Appearance for Defendant Wasco Sanitary District by James Vincent Daffada (Daffada, James) (Entered: 05/13/2010)
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Legal Document (Payment Possibly Required) 4 Filed: 5/13/2010, Entered: None
ATTORNEY Appearance for Defendant Wasco Sanitary District by Thomas More Leinenweber (Leinenweber, Thomas) (Entered: 05/13/2010)
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Legal Document (Payment Possibly Required) 3 Filed: 5/11/2010, Entered: None
ATTORNEY Appearance for Defendants Raul Brizuela, Gary Sindelar, Robert Skidmore by Joel David Bertocchi (Bertocchi, Joel) (Entered: 05/11/2010)
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Legal Document (Payment Possibly Required) 2 Filed: 5/11/2010, Entered: None
CIVIL Cover Sheet (Bertocchi, Joel) (Entered: 05/11/2010)
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Blank 1 Filed: 5/11/2010, Entered: None
NOTICE of Removal from Circuit Court for the Sixteenth Judicial Circuit, Kane County, Illinois, case number (10 L 223) filed by Raul Brizuela, Gary Sindelar, Robert Skidmore Filing fee $ 350, receipt number 0752-4803390. with state court complaint, exhibits and removal consent letters (Attachments: # 1 Exhibit State court complaint, # 2 Exhibit Exhibits to complaint 1 of 13, # 3 Exhibit Exhibits to complaint 2 of 13, # 4 Exhibit Exhibits to complaint 3 of 13, # 5 Exhibit Exhibits to complaint 4 of 13, # 6 Exhibit Exhibits to complaint 5 of 13, # 7 Exhibit Exhibits to complaint 6 of 13, # 8 Exhibit Exhibits to complaint 7 of 13, # 9 Exhibit Exhibits to complaint 8 of 13, # 10 Exhibit Exhibits to complaint 9 of 13, # 11 Exhibit Exhibits to complaint 10 of 13, # 12 Exhibit Exhibits to complaint 11 of 13, # 13 Exhibit Exhibits to complaint 12 of 13, # 14 Exhibit Exhibits to complaint 13 of 13, # 15 Exhibit Removal consent letters)(Bertocchi, Joel) (Entered: 05/11/2010)
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Blank 127 Filed: 3/17/2012, Entered: None
MEMORANDUM Opinion and Order Written by the Honorable Gary Feinerman on 3/16/2012.Mailed notice.(jlj)
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