Olenicoff et al v. UBS AG et al

Federal Civil Lawsuit California Central District Court, Case No. 8:08-cv-01029-AG-RNB
District Judge Andrew J. Guilford, presiding
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District Judge Andrew J. Guilford
Last Updated May 10, 2017 at 4:19 PM EDT (7.7 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Igor Olenicoff, Plaintiff

Represented by Foley Bezek Behle & Curtis, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Marisa D Poulos +1 714 556 1700 mpoulos@foleybezek.com

Represented by Graves and King LLP

Name Phone Fax E-Mail
TERMINATED: 10/07/2011, LEAD ATTORNEY, ATTORNEY TO BE NOTICED William J King +1 818 551 1112

Represented by Horizon Law Group LLP

Name Phone Fax E-Mail
TERMINATED: 11/13/2008, LEAD ATTORNEY, ATTORNEY TO BE NOTICED David Alan Brewster +1 949 261 2500 dbrewster@horizonlawgroup.com

Represented by Law Offices of John Marshall

Name Phone Fax E-Mail
TERMINATED: 05/20/2011, ATTORNEY TO BE NOTICED John R Marshall +1 949 729 7246 +1 949 719 7210 jrmarshall@stonelawpc.com

Represented by Law Offices of Julie Ann Ault

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Julie Ann Ault +1 949 719 7212 +1 949 719 7210 jault@olenproperties.com

Represented by Newmeyer & Dillon, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Jennifer Catherine Lyons +1 949 854 7000 +1 949 854 7099 jennifer.lyons@ndlf.com
ATTORNEY TO BE NOTICED Thomas Frederick Newmeyer +1 949 854 7000 +1 949 854 7099 tom.newmeyer@ndlf.com
No Logo Olen Properties Corp., Plaintiff

Represented by Foley Bezek Behle & Curtis, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Marisa D Poulos +1 714 556 1700 mpoulos@foleybezek.com

Represented by Graves and King LLP

Name Phone Fax E-Mail
TERMINATED: 10/07/2011, LEAD ATTORNEY, ATTORNEY TO BE NOTICED William J King +1 818 551 1112

Represented by Horizon Law Group LLP

Name Phone Fax E-Mail
TERMINATED: 11/13/2008, LEAD ATTORNEY, ATTORNEY TO BE NOTICED David Alan Brewster +1 949 261 2500 dbrewster@horizonlawgroup.com

Represented by Law Offices of John Marshall

Name Phone Fax E-Mail
TERMINATED: 05/20/2011, ATTORNEY TO BE NOTICED John R Marshall +1 949 729 7246 +1 949 719 7210 jrmarshall@stonelawpc.com

Represented by Law Offices of Julie Ann Ault

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Julie Ann Ault +1 949 719 7212 +1 949 719 7210 jault@olenproperties.com

Represented by Newmeyer & Dillon, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Jennifer Catherine Lyons +1 949 854 7000 +1 949 854 7099 jennifer.lyons@ndlf.com
ATTORNEY TO BE NOTICED Thomas Frederick Newmeyer +1 949 854 7000 +1 949 854 7099 tom.newmeyer@ndlf.com
v.
No Logo Arnold Wille, Defendant
No Logo Bradley Birkenfeld, Defendant

Pro Se

Pro Se

Name Phone Fax E-Mail
Space Bradley Birkenfeld

Pro Se

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED John DeWitt Cline +1 415 875 5812 +1 415 875 5700 jcline@jonesday.com

Pro Se

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED K C Maxwell +1 415 322 8817 +1 415 888 2372
No Logo Christian Bovay, Defendant

Represented by Gibson Dunn & Crutcher, LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Kristopher Price Diulio +1 949 451 3907 +1 949 475 4630 kdiulio@gibsondunn.com
ATTORNEY TO BE NOTICED Dean J. Kitchens +1 213 229 7416 +1 213 229 6416 dkitchens@gibsondunn.com
No Logo Daniel Gallaher, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Douglas J Rovens +1 213 689 5123 +1 213 623 4581

Represented by Crowell & Moring LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Mark A Romeo +1 949 263 8400 +1 949 263 8414 mromeo@crowell.com

Represented by McLuskey & McDonald PA

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED John W McLuskey +1 305 662 6160 +1 305 662 6164 jmcl@mmlawmiami.com
No Logo Das Family Holdings, LP, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Douglas J Rovens +1 213 689 5123 +1 213 623 4581

Represented by Crowell & Moring LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Mark A Romeo +1 949 263 8400 +1 949 263 8414 mromeo@crowell.com

Represented by McLuskey & McDonald PA

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED David Michael McDonald +1 305 662 6160 +6626 662 662 6164 dmcdonald@mmlawmiami.com
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED John W McLuskey +1 305 662 6160 +1 305 662 6164 jmcl@mmlawmiami.com
No Logo David A. Schwedel, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Douglas J Rovens +1 213 689 5123 +1 213 623 4581

Represented by Crowell & Moring LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Christina K Dallen +1 949 263 8400
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Mark A Romeo +1 949 263 8400 +1 949 263 8414 mromeo@crowell.com

Represented by McLuskey & McDonald PA

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED David Michael McDonald +1 305 662 6160 +6626 662 662 6164 dmcdonald@mmlawmiami.com
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED John W McLuskey +1 305 662 6160 +1 305 662 6164 jmcl@mmlawmiami.com

Represented by Squire Sanders (US) LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Steven A Lamb +1 213 624 2500 slamb@ssd.com
No Logo David Eichinger, Defendant

Represented by Graves and King LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED William J King +1 818 551 1112

Represented by Law Offices of Julie Ann Ault

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Julie Ann Ault +1 949 719 7212 +1 949 719 7210 jault@olenproperties.com

Represented by O'Melveny & Myers LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Michael G Yoder +1 949 823 7936 +1 949 823 6994 myoder@omm.com

Represented by Porter & Hedges, LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Daniel K Hedges +1 713 226 6641 +1 713 226 6241 dhedges@porterhedges.com
No Logo Dr. Stephan Laternser, Defendant
No Logo Georg Vogt, Defendant
No Logo GM Capital Partners, LTD., Defendant

Represented by Sanders Roberts LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Reginald Roberts, Jr. +1 213 943 1314 +1 213 234 4581 rroberts@sandersroberts.com
TERMINATED: 02/15/2012, LEAD ATTORNEY, ATTORNEY TO BE NOTICED Justin H Sanders +1 213 943 1314 +1 213 234 4581 jsanders@sandersroberts.com
No Logo Herb Lustig, Defendant

Represented by Burris & Schoenberg, LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Laura G Brys +1 310 442 5559 laura@bslaw.net
No Logo Hermann Wille, Defendant
No Logo James Alexander Michie, Defendant

Represented by Sanders Roberts LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Reginald Roberts, Jr. +1 213 943 1314 +1 213 234 4581 rroberts@sandersroberts.com
TERMINATED: 02/15/2012, LEAD ATTORNEY, ATTORNEY TO BE NOTICED Justin H Sanders +1 213 943 1314 +1 213 234 4581 jsanders@sandersroberts.com
No Logo Jost Pilgrim, Defendant
No Logo Knight Financial, LTD, Defendant

Represented by Sanders Roberts LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Reginald Roberts, Jr. +1 213 943 1314 +1 213 234 4581 rroberts@sandersroberts.com
TERMINATED: 02/15/2012, LEAD ATTORNEY, ATTORNEY TO BE NOTICED Justin H Sanders +1 213 943 1314 +1 213 234 4581 jsanders@sandersroberts.com
No Logo Mark Blynder, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Douglas J Rovens +1 213 689 5123 +1 213 623 4581

Represented by Crowell & Moring LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Mark A Romeo +1 949 263 8400 +1 949 263 8414 mromeo@crowell.com

Represented by McLuskey & McDonald PA

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED John W McLuskey +1 305 662 6160 +1 305 662 6164 jmcl@mmlawmiami.com
No Logo Michael Storey, Defendant

Represented by Graves and King LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED William J King +1 818 551 1112

Represented by Law Offices of Julie Ann Ault

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Julie Ann Ault +1 949 719 7212 +1 949 719 7210 jault@olenproperties.com

Represented by O'Melveny & Myers LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Michael G Yoder +1 949 823 7936 +1 949 823 6994 myoder@omm.com

Represented by Porter & Hedges, LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Daniel K Hedges +1 713 226 6641 +1 713 226 6241 dhedges@porterhedges.com
No Logo Neue Bank, AG, Defendant
No Logo Paul Buchel, Defendant
No Logo Peter Kurer, Defendant

Represented by Gibson Dunn & Crutcher, LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Kristopher Price Diulio +1 949 451 3907 +1 949 475 4630 kdiulio@gibsondunn.com
ATTORNEY TO BE NOTICED Dean J. Kitchens +1 213 229 7416 +1 213 229 6416 dkitchens@gibsondunn.com
No Logo Raoul Weil, Defendant

Represented by Gibson Dunn & Crutcher, LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Kristopher Price Diulio +1 949 451 3907 +1 949 475 4630 kdiulio@gibsondunn.com
ATTORNEY TO BE NOTICED Dean J. Kitchens +1 213 229 7416 +1 213 229 6416 dkitchens@gibsondunn.com
No Logo Robert Knight, Defendant

Represented by Sanders Roberts LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Reginald Roberts, Jr. +1 213 943 1314 +1 213 234 4581 rroberts@sandersroberts.com
TERMINATED: 02/15/2012, LEAD ATTORNEY, ATTORNEY TO BE NOTICED Justin H Sanders +1 213 943 1314 +1 213 234 4581 jsanders@sandersroberts.com
No Logo Synthesis Energy Systems, Inc., Defendant

Represented by Graves and King LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED William J King +1 818 551 1112

Represented by Law Offices of Julie Ann Ault

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Julie Ann Ault +1 949 719 7212 +1 949 719 7210 jault@olenproperties.com

Represented by O'Melveny & Myers LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Michael G Yoder +1 949 823 7936 +1 949 823 6994 myoder@omm.com

Represented by Porter & Hedges, LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Daniel K Hedges +1 713 226 6641 +1 713 226 6241 dhedges@porterhedges.com
No Logo Timothy Vail, Defendant

Represented by Graves and King LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED William J King +1 818 551 1112

Represented by Law Offices of Julie Ann Ault

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Julie Ann Ault +1 949 719 7212 +1 949 719 7210 jault@olenproperties.com

Represented by O'Melveny & Myers LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Michael G Yoder +1 949 823 7936 +1 949 823 6994 myoder@omm.com

Represented by Porter & Hedges, LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Daniel K Hedges +1 713 226 6641 +1 713 226 6241 dhedges@porterhedges.com
UBS AG UBS AG, Defendant
Officer/Director, Cabletron Systems, Inc.
Officer/Director, Dov Pharmaceutical Inc.
Officer/Director, Greenfield Online Inc.
Officer/Director, First South Africa Corp Ltd
Officer/Director, Impsat Corp
Officer/Director, Ubs Capital II Inc
Officer/Director, Dynamic Ventures Inc/canada
Officer/Director, Ip Factory Inc
Officer/Director, Desert Native Designs Inc
Officer/Director, Muniyield Michigan Fund Inc
Officer/Director, Muniyield Fund Inc
Officer/Director, Muniyield Florida Fund
Officer/Director, Pilgrim Prime Rate Trust
Officer/Director, Munivest Fund Inc
Officer/Director, Pioneer High Income Trust
Officer/Director, Mfs Municipal Income Trust
Officer/Director, Pioneer Floating Rate Trust
Officer/Director, Nuveen Senior Income Fund
Officer/Director, Pimco Municipal Income Fund
Officer/Director, Pimco High Income Fund

Represented by Call, Jensen & Ferrell, APC

Name Phone Fax E-Mail
TERMINATED: 09/07/2011, ATTORNEY TO BE NOTICED Jessica A Boschee +1 949 717 3000 +1 949 717 3100 jboschee@calljensen.com

Represented by Gibson Dunn & Crutcher, LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Kristopher Price Diulio +1 949 451 3907 +1 949 475 4630 kdiulio@gibsondunn.com
ATTORNEY TO BE NOTICED Lauren A Eber +1 213 229 7748 leber@gibsondunn.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Dean J. Kitchens +1 213 229 7416 +1 213 229 6416 dkitchens@gibsondunn.com
No Logo UBS Bank USA, Defendant

Represented by Gibson Dunn & Crutcher, LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Kristopher Price Diulio +1 949 451 3907 +1 949 475 4630 kdiulio@gibsondunn.com
No Logo Union Charter, Ltd., Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Douglas J Rovens +1 213 689 5123 +1 213 623 4581

Represented by Crowell & Moring LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Christina K Dallen +1 949 263 8400
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Mark A Romeo +1 949 263 8400 +1 949 263 8414 mromeo@crowell.com

Represented by McLuskey & McDonald PA

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED John W McLuskey +1 305 662 6160 +1 305 662 6164 jmcl@mmlawmiami.com

Represented by Squire Sanders (US) LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Steven A Lamb +1 213 624 2500 slamb@ssd.com
No Logo Willi Wolfinger, Defendant
Other Parties
No Logo Fulbright & Jaworski, LLP, Movant

Represented by Fulbright & Jaworski, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Robert W Fischer, Jr. +1 213 892 9229 +1 213 892 9494 rfischer@fulbright.com
Attributes
Citation Unknown
Nature of Suit 370 - Fraud or Truth-In-Lending
Timeline
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Legal Document (Payment Possibly Required) 676 Filed: 1/24/2013, Entered: 1/25/2013 Mail Returned
Mail Returned addressed to Bradley Birkenfeld (twdb)
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Legal Document (Payment Possibly Required) 675 Filed: 1/14/2013, Entered: 1/14/2013 Notice of Filing Transcript
NOTICE OF FILING TRANSCRIPT filed for proceedings 04-09-2012 10:05 a.m. re Transcript [673] THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(Duvall, Richard) TEXT ONLY ENTRY
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Legal Document (Payment Possibly Required) 674 Filed: 10/17/2012, Entered: 10/17/2012 Transcript Order Form (G-120)
TRANSCRIPT ORDER as to Defendant UBS AG Court Reporter. Court will contact Dena Kennedy at dfkennedy@gibsondunn.com with any questions regarding this order. Transcript portion requested: Other: 4/9/2012. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Diulio, Kristopher)
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Legal Document (Payment Possibly Required) 673 Filed: 10/16/2012, Entered: 10/16/2012 Transcript (CV)
TRANSCRIPT for proceedings held on 4/9/2012 Item 3. Court Reporter/Electronic Court Recorder: DEBBIE GALE, phone number 714-558-8141 or DebbieGaleCSR@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 11/6/2012. Redacted Transcript Deadline set for 11/16/2012. Release of Transcript Restriction set for 1/14/2013. (Gale, Debbie) Modified on 10/17/2012 (dg).
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Legal Document (Payment Possibly Required) 672 Filed: 9/20/2012, Entered: 9/20/2012 (TERMED) Transcript Order Form (AO-435)
TRANSCRIPT ORDER for date of proceedings 04/09/2012 to 04/09/2012 as to Plaintiffs Olen Properties Corp., Igor Olenicoff Court Reporter Debbie Gale. Court will contact Marisa Poulos at mpoulos@olenproperties.com with any questions regarding this order. Transcript portion requested: Other: Law & Motion 04/09/2012. Category: Expedited. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Poulos, Marisa)
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Legal Document (Payment Possibly Required) 671 Filed: 6/8/2012, Entered: 7/19/2012 Bill of Costs (CV-59)
BILL OF COSTS. Costs Taxed in amount of $ 51,230.05 in favor of UBS AG et al. and against Igor Olenicoff, et al.. RE:[665] (mb)
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Legal Document (Payment Possibly Required) 670 Filed: 5/29/2012, Entered: 5/29/2012 Bill of Costs (CV-59)
BILL OF COSTS. Costs Taxed in amount of $ 6,462.69 in favor of UBS AG, et al. and against Igor Olenicoff, et al.. RE: [660],[664] (mb)
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Legal Document (Payment Possibly Required) 669 Filed: 5/8/2012, Entered: 5/8/2012 Reply (Motion related)
REPLY in support of APPLICATION to the Clerk to Tax Costs against Plaintiff Olen Properties Corp., Igor Olenicoff re: Judgment, [660], APPLICATION to the Clerk to Tax Costs against Plaintiff Olen Properties Corp., Igor Olenicoff re: Judgment, [660],[664] filed by Defendant UBS AG. (Attachments: # (1) Declaration of Kristopher P. Diulio, # (2) Exhibit D - Flight Itinerary, # (3) Exhibit E - Revised Deposition Costs, # (4) Exhibit F - Revised Invoices)(Kitchens, Dean)
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Legal Document (Payment Possibly Required) 668 Filed: 5/7/2012, Entered: 5/7/2012 Response in Support of Motion
RESPONSE IN SUPPORT of APPLICATION to the Clerk to Tax Costs against Defendant Bradley Birkenfeld[665] filed by Defendant Bradley Birkenfeld. (Attachments: # (1) Declaration of John D. Cline, # (2) Exhibit)(Cline, John)
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Legal Document (Payment Possibly Required) 667 Filed: 5/4/2012, Entered: 5/4/2012 Notice (Other)
NOTICE of Objection to Defendant UBS AG's Bill of Costs filed by Plaintiff Igor Olenicoff. (Attachments: # (1) Declaration of M. Poulos)(Poulos, Marisa)
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Legal Document (Payment Possibly Required) 666 Filed: 5/4/2012, Entered: 5/4/2012 Notice (Other)
NOTICE Objection to Defendant Birkenfeld's Bill of Costs filed by Plaintiff Igor Olenicoff. (Poulos, Marisa)
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Legal Document (Payment Possibly Required) 665 Filed: 4/27/2012, Entered: 4/27/2012, Terminated: 6/8/2012 Application to the Clerk to Tax CostsCourt Filing
APPLICATION to the Clerk to Tax Costs against Defendant Bradley Birkenfeld filed by Defendant Bradley Birkenfeld. Application set for hearing on 5/11/2012 at 09:00 AM before Magistrate Judge Robert N. Block. (Attachments: # (1) Supplement Form CV59, # (2) Supplement Attachments to Form CV59)(Cline, John)
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Legal Document (Payment Possibly Required) 664 Filed: 4/27/2012, Entered: 4/27/2012, Terminated: 5/29/2012 Application to the Clerk to Tax Costs
APPLICATION to the Clerk to Tax Costs against Plaintiff Olen Properties Corp., Igor Olenicoff re: Judgment, [660], filed by Defendant UBS AG. Application set for hearing on 5/11/2012 at 09:00 AM before Clerk of Court. (Attachments: # (1) Exhibit A - Bill of Costs (CV-59), # (2) Exhibit B - Bill of Costs Itemization, # (3) Exhibit C - Back-up Invoices)(Diulio, Kristopher)
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Legal Document (Payment Possibly Required) 663 Filed: 4/26/2012, Entered: 4/26/2012 OrderCourt Filing
ORDER of dismissal by Judge Andrew J. Guilford, Union Charter, Ltd. terminated. (twdb)
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Legal Document (Payment Possibly Required) 662 Filed: 4/26/2012, Entered: 4/26/2012 OrderCourt Filing
ORDER of dismissal by Judge Andrew J. Guilford, Synthesis Energy Systems, Inc. terminated. (twdb)
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Legal Document (Payment Possibly Required) 661 Filed: 4/26/2012, Entered: 4/26/2012 Stipulation to Dismiss Party
STIPULATION to Dismiss defendants David A. Schwedel, Union Charter, Ltd. filed by plaintiff Igor Olenicoff. (Attachments: # (1) Proposed Order)(Poulos, Marisa)
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Blank 660 Filed: 4/12/2012, Entered: 4/13/2012 JudgmentCourt Filing
JUDGMENT by Judge Andrew J. Guilford, in favor of UBS AG, Bradley Birkenfeld against Olen Properties Corp., Igor Olenicoff. Plaintiffs shall take nothing against Defendants UBS and Birkenfeld. UBS and Birkenfeld are the prevailing parties and they shall recover their costs of suit as permitted by Local Rule 54. (rla)
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Legal Document (Payment Possibly Required) 659 Filed: 4/11/2012, Entered: 4/11/2012 Notice of Lodging
NOTICE OF LODGING filed by UBS AG re Order on Motion for Summary Judgment,,,,, Order on Motion for Joinder,,,,,,,,,,,,,,,,,, [656] (Attachments: # (1) Proposed Order [Proposed] Judgment in Favor of UBS AG and Bradley Birkenfeld)(Kitchens, Dean)
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Legal Document (Payment Possibly Required) 658 Filed: 4/10/2012, Entered: 4/10/2012 Order on Ex Parte Application to ContinueCourt Filing
MINUTES (IN CHAMBERS): ORDER by Judge Andrew J. Guilford: DENYING EX PARTE MOTION [646] ASMOOT. (rla)
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Legal Document (Payment Possibly Required) 657 Filed: 4/10/2012, Entered: 4/10/2012 Minutes of In Chambers Order/Directive - no proceeding heldCourt Filing
MINUTE ORDER (IN CHAMBERS) by Magistrate Judge Robert N. Block: In view of the District Judges ruling on UBSs summary judgment motions, the Courts orders regarding the further briefing of the relevance of the documents soughtby plaintiffs RFP No. 494 and regarding the further hearing relating to UBSs RFP No. 132 scheduled for April 11, 2012 are vacated and all pending discovery motions are denied as moot. The clerk is directed to give counsel telephonic notice of this Minute Order. (klg)
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Legal Document (Payment Possibly Required) 656 Filed: 4/10/2012, Entered: 4/10/2012 Order on Motion for Summary JudgmentCourt Filing
OMNIBUS ORDER RE UBS' MOTIONS FOR SUMMARY JUDGMENT ONE THROUGH FIVE by Judge Andrew J. Guilford: (See document for details.) The Court GRANTS Defendant UBS' Motions for Summary Judgment 3 and 5 in their entirety as to all claims against it. The court GRANTS UBS' Motion for Summary Judgment 1 and 2 as to the tax-related portion of all of Olenicoff's claims. The Court VACATES UBS' Motion for Summary Judgment 4 as MOOT. The Court GRANTS Birkenfeld's Joinder, and dismisses all claims against him in their entirety. Based on the representations of counsel, this Order dismisses all claims against UBS and Birkenfeld, the only remaining Defendants in this case, and this concludes this case. UBS and Birkenfeld should promptly submit a combined proposed judgment consistent with this Order. (rla)
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Legal Document (Payment Possibly Required) 655 Filed: 4/9/2012, Entered: 4/10/2012 Motion HearingCourt Filing
MINUTES OF Motion Hearing held before Judge Andrew J. Guilford, RE MOTIONS [DKT # 582, 583, 584, 585, AND 586]: Matter is taken under submission. Court and counsel discuss the schedule of the case. Motions in limine to be filed within one day after Court rules on pending request to continue trial, if request is granted. If request is denied, motions in limine are to be filed within two days of Court's ruling. Court Reporter: Debbie Gale. (rla)
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Legal Document (Payment Possibly Required) 649 Filed: 4/9/2012, Entered: 4/9/2012 (TERMED) Notice of Filing Transcript (G-46)
NOTICE OF FILING TRANSCRIPT filed for proceedings 4/3/12 9:42 a.m. (mo)
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Legal Document (Payment Possibly Required) 648 Filed: 4/9/2012, Entered: 4/9/2012 Transcript (CV)
TRANSCRIPT for proceedings held on 4/3/12 9:42 a.m.. Court Reporter/Electronic Court Recorder: Jams Certified Transcription, phone number (661) 609-4528. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 4/30/2012. Redacted Transcript Deadline set for 5/10/2012. Release of Transcript Restriction set for 7/8/2012. (mo)
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Legal Document (Payment Possibly Required) 647 Filed: 4/6/2012, Entered: 4/6/2012 Declaration (Motion related)
DECLARATION of Thomas F. Newmeyer In Support of Ex Parte Application to Continue Trial Date and Amend Scheduling Order and for Leave to File a Motion to Compel after Discovery Cut-Off EX PARTE APPLICATION to Continue Trial and Amend Scheduling Order for Leave to File Motion to Compel After Discovery Cut-Off from May 8, 2012 to August 2012[646] filed by Plaintiff Igor Olenicoff. (Attachments: # (1) Exhibit Exhibit B, # (2) Exhibit Exhibit C through Q)(Newmeyer, Thomas)
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Legal Document (Payment Possibly Required) 646 Filed: 4/6/2012, Entered: 4/6/2012, Terminated: 4/10/2012 Ex Parte Application to Continue
EX PARTE APPLICATION to Continue Trial and Amend Scheduling Order for Leave to File Motion to Compel After Discovery Cut-Off from May 8, 2012 to August 2012 filed by Plaintiff Igor Olenicoff. (Attachments: # (1) Proposed Order)(Newmeyer, Thomas)
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Legal Document (Payment Possibly Required) 644 Filed: 4/5/2012, Entered: 4/5/2012 Notice of Withdrawal
Notice of Withdrawal of MEMORANDUM in Opposition to Motion[604], MEMORANDUM in Opposition to Motion[606] filed by Plaintiffs Olen Properties Corp., Igor Olenicoff. (Newmeyer, Thomas)
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Legal Document (Payment Possibly Required) 643 Filed: 4/5/2012, Entered: 4/5/2012, Terminated: 4/12/2012 Request to Dismiss Party
First REQUEST to Dismiss defendant David Eichinger, Michael Storey, Synthesis Energy Systems, Inc., Timothy Vail filed by plaintiff Igor Olenicoff. (Attachments: # (1) Proposed Order)(Ault, Julie)
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Legal Document (Payment Possibly Required) 642 Filed: 4/5/2012, Entered: 4/5/2012 (TERMED) Transcript Order Form (AO-435)
TRANSCRIPT ORDER for date of proceedings 04/03/2012 to 04/03/2012 as to plaintiff Igor Olenicoff Court Smart (CS). Court will contact Laila Seitz at lseitz@olenproperties.com with any questions regarding this order. Transcript portion requested: Category: Expedited. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Ault, Julie)
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Legal Document (Payment Possibly Required) 645 Filed: 4/4/2012, Entered: 4/5/2012 Minutes of In Chambers Order/Directive - no proceeding heldCourt Filing
MINUTE ORDER IN CHAMBERS by Magistrate Judge Robert N. Block: In preparation for the upcoming further hearing on April 11, 2012, the Court invites both sides' attention to the section in Schwarzer, Tashima and Wagstaffe, Federal Civil Procedure Before Trial (2011 rev. ed.) commencing with 11:125, entitled "Duty to Preserve Information Before Discovery." Based on Mr. Olenicoff's testimony about Ms. Chisolm's search of the electronic data base for documents relevant to plaintiffs' claims against UBS, it occurs to the Court that if, at a time when plaintiffs were contemplating litigation against UBS, plaintiffs did in fact have electronic access to all the documents seized by the Government, the issue presented here may be whether plaintiffs have engaged in conduct that qualifies as spoliation of evidence. (rla)
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Legal Document (Payment Possibly Required) 641 Filed: 4/4/2012, Entered: 4/4/2012 Minutes of In Chambers Order/Directive - no proceeding heldCourt Filing
MINUTE ORDER IN CHAMBERS by Judge Andrew J. Guilford: Order Re Plaintiffs Application to File Under Seal. Because Plaintiffs have failed to make a showing of good cause, the Court denies its Application. Defendant may file a Response to Plaintiffs' Application showing that good cause exists to seal confidential information in the documents Plaintiffs identified. Defendant's Response must not exceed 10 pages and is due by 12:00 pm on April 6, 2012. (nbo)
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Legal Document (Payment Possibly Required) 640 Filed: 4/4/2012, Entered: 4/4/2012 (TERMED) Transcript Order Form (AO-435)
TRANSCRIPT ORDER for date of proceedings 4/3/2012 to 4/3/2012 as to Defendant UBS AG Court Smart (CS). Court will contact Dena Kennedy at dfkennedy@gibsondunn.com with any questions regarding this order. Transcript portion requested: Other: 4/3/2012. Category: Expedited. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Diulio, Kristopher)
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Legal Document (Payment Possibly Required) 639 Filed: 4/3/2012, Entered: 4/3/2012 Witness List
Witness List filed by defendant Bradley Birkenfeld.. (Cline, John)
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Legal Document (Payment Possibly Required) 638 Filed: 4/3/2012, Entered: 4/3/2012 Order on Application for Leave re Discovery MatterCourt Filing
MINUTES (IN CHAMBERS): ORDER by Magistrate Judge Robert N. Block: denying as moot [627] Application for Leave to file declaration re errors. (twdb)
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Legal Document (Payment Possibly Required) 637 Filed: 4/3/2012, Entered: 4/3/2012 Order on Application to Seal (document)Court Filing
MINUTES (IN CHAMBERS): ORDER by Magistrate Judge Robert N. Block: denying [618] Application to Seal. No response to the March 22, 2012 Minute Order has been received from either plaintiffs or UBS. Accordingly, plaintiffs Application is denied and the lodged documents that are the subject of the Application are ordered publicly filed. (twdb)
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Legal Document (Payment Possibly Required) 636 Filed: 4/3/2012, Entered: 4/3/2012 Order on Motion to Compel DepositionCourt Filing
MINUTES OF UBS's Motion to Compel the Production of Documents from Plaintiff's filed March 9, 2012 [593] held before Magistrate Judge Robert N. Block. See document for details. Court Recorder: CS 4/3/2012. (Attachments: # (1) Tentative Ruling, # (2) Tentative Ruling - part 2) (nbo)
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Blank 635 Filed: 4/2/2012, Entered: 4/2/2012 Memorandum of Contentions of Fact and Law
MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendant UBS AG. (Eber, Lauren)
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Legal Document (Payment Possibly Required) 634 Filed: 4/2/2012, Entered: 4/2/2012 Exhibit
JOINT Exhibit List filed by Plaintiff Olen Properties Corp., Igor Olenicoff.. (Newmeyer, Thomas)
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Legal Document (Payment Possibly Required) 633 Filed: 4/2/2012, Entered: 4/2/2012 Witness List
Witness List filed by Plaintiff Olen Properties Corp., Igor Olenicoff.. (Newmeyer, Thomas)
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Legal Document (Payment Possibly Required) 632 Filed: 4/2/2012, Entered: 4/2/2012 Memorandum of Contentions of Fact and Law
MEMORANDUM of CONTENTIONS of FACT and LAW Olen Properties Corp., Igor Olenicoff. (Newmeyer, Thomas)
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Legal Document (Payment Possibly Required) 631 Filed: 4/2/2012, Entered: 4/2/2012 Witness List
Witness List filed by defendant UBS AG.. (Kitchens, Dean)
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Legal Document (Payment Possibly Required) 654 Filed: 3/27/2012, Entered: 4/9/2012 Transcript
DEPOSITION TRANSCRIPT Deposing CHRISTOPH KURTH on 1/26/12, Volume: 2. (rla)
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Legal Document (Payment Possibly Required) 653 Filed: 3/27/2012, Entered: 4/9/2012 Transcript
DEPOSITION TRANSCRIPT Deposing CHRISTOPH KURTH on 1/25/12, Volume: 1. (rla)
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Legal Document (Payment Possibly Required) 652 Filed: 3/27/2012, Entered: 4/9/2012 Transcript
DEPOSITION TRANSCRIPT Deposing CHRISTOPH KAUFMANN on 3/13/12, Volume: 1. (rla)
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Legal Document (Payment Possibly Required) 651 Filed: 3/27/2012, Entered: 4/9/2012 OrderCourt Filing
ORDER by Judge Andrew J. Guilford, re Amendment to application to file documents under seal [650]. See order for more information. (twdb)
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Legal Document (Payment Possibly Required) 650 Filed: 3/27/2012, Entered: 4/9/2012 Amendment (Motion related)
Amendment to APPLICATION to file documents under seal Seal[618] filed by Plaintiffs Olen Properties Corp., Igor Olenicoff. (twdb)
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Legal Document (Payment Possibly Required) 630 Filed: 3/27/2012, Entered: 3/28/2012 Minutes of In Chambers Order/Directive - no proceeding heldCourt Filing
MINUTES (IN CHAMBERS) by Magistrate Judge Robert N. Block Re: Plaintiffs' Motion to Compel UBS AG's Rule 30(b)(6) Witness for Deposition and to Produce Documents, filed March 9, 2012. Now that the Court has reviewed the parties' Joint Stipulation and their Supplemental Memoranda, the Court has decided to recalendar this Motion for hearing on April 3, 2012 at 9:30 a.m. (dro)
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Legal Document (Payment Possibly Required) 629 Filed: 3/27/2012, Entered: 3/27/2012 Notice of Manual Filing (G-92)
Amended NOTICE of Manual Filing filed by Plaintiffs Olen Properties Corp., Igor Olenicoff of Plaintiffs' Amended Application to File Documents Under Seal. (Lyons, Jennifer)
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Legal Document (Payment Possibly Required) 627 Filed: 3/27/2012, Entered: 3/27/2012, Terminated: 4/3/2012 Application for Leave to File re Discovery Matter
First APPLICATION for Leave to File Declaration re Errors in Filing of Motion to Compel UBS AG's Rule 30(b)(6) Witness for Deposition and to Produce Documents filed by plaintiff Olen Properties Corp., Igor Olenicoff. (Lyons, Jennifer)
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Legal Document (Payment Possibly Required) 628 Filed: 3/26/2012, Entered: 3/27/2012 Notice of Document Discrepancies and Order - RejectingCourt Filing
NOTICE OF DISCREPANCY AND ORDER: by Judge Andrew J. Guilford, ORDERING Application; Proposed order; under seal document submitted by not indicated received on 3/20/12 is not to be filed but instead rejected. Denial based on: L.R. 79-5.1 the original and judge's copy of the title page attached to the front of each document envelope. (twdb)
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Legal Document (Payment Possibly Required) 626 Filed: 3/26/2012, Entered: 3/26/2012 Motion Related Document
SUBMISSION OF PROPOSED ORDER GRANTING UNOPPOSED MOTION re MOTION for Summary Judgment as to Olen Properties Corp.[586] filed by Defendant UBS AG. (Attachments: # (1) Proposed Order)(Kitchens, Dean)
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Legal Document (Payment Possibly Required) 625 Filed: 3/26/2012, Entered: 3/26/2012 Motion Related Document
RESPONSE TO PLAINTIFFS' OBJECTIONS TO THE DECLARATIONS OF DOUGLAS FARROW AND KRISTOPHER DIULIO re MOTION for Summary Judgment as to Damages[584], MOTION for Summary Judgment as to Statutes of Limitations[583], MOTION for Summary Judgment as to Olen Properties Corp.[586], MOTION for Summary Judgment as to the Racketeer Influenced and Corrupt Organizations Act[585], MOTION for Summary Judgment as to On All Claims Except RICO[582] filed by Defendant UBS AG. (Kitchens, Dean)
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Legal Document (Payment Possibly Required) 624 Filed: 3/26/2012, Entered: 3/26/2012 Motion Related Document
REPLY TO PLAINTIFFS' STATEMENT OF GENUINE ISSUES re MOTION for Summary Judgment as to Damages[584], MOTION for Summary Judgment as to Statutes of Limitations[583], MOTION for Summary Judgment as to Olen Properties Corp.[586], MOTION for Summary Judgment as to the Racketeer Influenced and Corrupt Organizations Act[585], MOTION for Summary Judgment as to On All Claims Except RICO[582] filed by Defendant UBS AG. (Attachments: # (1) Declaration of Kristopher P. Diulio, # (2) Exhibit 65-70, # (3) Exhibit 71-76, # (4) Exhibit 77-81)(Kitchens, Dean)
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Legal Document (Payment Possibly Required) 623 Filed: 3/26/2012, Entered: 3/26/2012 Reply (Motion related)
REPLY in Support of MOTION for Summary Judgment as to the Racketeer Influenced and Corrupt Organizations Act[585] filed by Defendant UBS AG. (Kitchens, Dean)
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Legal Document (Payment Possibly Required) 622 Filed: 3/26/2012, Entered: 3/26/2012 Reply (Motion related)
REPLY in Support of MOTION for Summary Judgment as to Damages[584] filed by Defendant UBS AG. (Kitchens, Dean)
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Legal Document (Payment Possibly Required) 621 Filed: 3/26/2012, Entered: 3/26/2012 Reply (Motion related)
REPLY in Support of MOTION for Summary Judgment as to Statutes of Limitations[583] filed by Defendant UBS AG. (Kitchens, Dean)
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Legal Document (Payment Possibly Required) 620 Filed: 3/26/2012, Entered: 3/26/2012 Reply (Motion related)
REPLY in Support of MOTION for Summary Judgment as to On All Claims Except RICO[582] filed by Defendant UBS AG. (Kitchens, Dean)
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Legal Document (Payment Possibly Required) 619 Filed: 3/22/2012, Entered: 3/23/2012 Minutes of In Chambers Order/Directive - no proceeding heldCourt Filing
MINUTE ORDER IN CHAMBERS by Magistrate Judge Robert N. Block: re: APPLICATION to Seal, filed 3/20/12 [618]. Here, plaintiffs have not even purported to make the requisite showing of good cause for filing under seal Exhibit C to the Newmeyer Declaration, which contains excerpts from the Kaufman deposition taken on March 13, 2012. Accordingly, the parties are advised that plaintiffs Application will be denied and the lodged documents will be ordered publicly filed unless, on or before March 30, 2012, a sufficient showing of good cause to file those documents under seal is made by plaintiffs and/or UBS. (twdb) Modified on 3/23/2012 (twdb).
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Legal Document (Payment Possibly Required) 618 Filed: 3/22/2012, Entered: 3/22/2012, Terminated: 4/3/2012 Application to Seal
APPLICATION to File Documents Under Seal; filed by plaintiffs Olen Properties Corp., Igor Olenicoff. (rla)
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Legal Document (Payment Possibly Required) 617 Filed: 3/21/2012, Entered: 3/21/2012 Order on Motion for DiscoveryCourt Filing
MINUTES (IN CHAMBERS): UBS's Motion to Compel the Production of Documents from Plaintiffs, filed 3/9/12 by Magistrate Judge Robert N. Block: Accordingly, this Motion shall remain on calendar for April 3, 2012 at 9:30 a.m.Further, Mr. Olenicoff is ordered to appear in person for the hearing, and to be prepared to be examined under oath by UBSs counsel in the Courts presence regarding the questions raised by UBS with respect to the materials seized by the Government [597]. (twdb)
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Legal Document (Payment Possibly Required) 616 Filed: 3/21/2012, Entered: 3/21/2012 Order on Motion to Compel DepositionCourt Filing
MINUTES (IN CHAMBERS): ORDER by Magistrate Judge Robert N. Block: [593] Motion to Compel UBS AG's Rule 30(b)(6) witness for Deposition and to Produce Documents, filed 3/9/12 Off Calendar. Plaintiffs counsel is ordered to deliver to chambers courtesy copies of the following filings: Docket Entry Nos. 593, 594, 595, 596, and 598. Upon its review of those papers and the parties Supplemental Memoranda, the Court will determine whether any further briefing is necessary, and whether to reset the Motion for hearing (as opposed to just deciding it on the papers). (twdb)
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Sealed Legal Document 615 Filed: 3/20/2012, Entered: 3/20/2012 Notice of Manual Filing (G-92)
NOTICE of Manual Filing filed by Plaintiffs Olen Properties Corp., Igor Olenicoff of Exhibits and Deposition Transcripts to be Filed Under Seal. (Newmeyer, Thomas)
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Legal Document (Payment Possibly Required) 614 Filed: 3/20/2012, Entered: 3/20/2012 Supplement(Motion related)
SUPPLEMENT to MOTION to Compel Deposition of UBS AG 's 30(b)(6) Witness Re: Docus, and to Produce Docu Documents MOTION to Compel Deposition of UBS AG 's 30(b)(6) Witness Re: Docus, and to Produce Docu Documents[593] / Plaintiff's Supplemental Brief Re Motion to Compel UBS AG's Rule 30(b)(6) Witness For Deposition and to Produce Documents filed by Plaintiffs Olen Properties Corp., Igor Olenicoff. (Attachments: # (1) Declaration of Thomas F. Newmeyer)(Newmeyer, Thomas)
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Legal Document (Payment Possibly Required) 613 Filed: 3/20/2012, Entered: 3/20/2012 Supplement(Motion related)
SUPPLEMENT to MOTION to Compel Deposition of UBS AG 's 30(b)(6) Witness Re: Docus, and to Produce Docu Documents MOTION to Compel Deposition of UBS AG 's 30(b)(6) Witness Re: Docus, and to Produce Docu Documents[593] filed by Defendant UBS AG. (Attachments: # (1) Declaration of Anna Mueller)(Kitchens, Dean)
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Legal Document (Payment Possibly Required) 612 Filed: 3/20/2012, Entered: 3/20/2012, Terminated: 3/20/2012 Motion to Supplement re Discovery MatterCourt Filing
NOTICE OF MOTION AND Supplemental MOTION to Supplement UBS AG's Motion to Compel Discovery from Plaintiffs re MOTION for Discovery regarding Production of Documents from Plaintiffs Igor Olenicoff and Olen Properties Corp.[597], Joint Stipulation re Discovery Motion, [599] filed by Defendant UBS AG. Motion set for hearing on 4/3/2012 at 09:30 AM before Magistrate Judge Robert N. Block. (Attachments: # (1) Declaration of Dean J. Kitchens with Exhibits X-AA, # (2) Declaration of Lauren A. Eber with Exhibit BB, # (3) Declaration of Kristopher P. Diulio with Exhibits CC-GG)(Kitchens, Dean)
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Legal Document (Payment Possibly Required) 611 Filed: 3/20/2012, Entered: 3/20/2012 Amendment (Motion related)
Amendment to MOTION for Summary Judgment as to Damages[584], MOTION for Summary Judgment as to Statutes of Limitations[583], MOTION for Summary Judgment as to the Racketeer Influenced and Corrupt Organizations Act[585], MOTION for Summary Judgment as to On All Claims Except RICO[582] filed by Plaintiffs Olen Properties Corp., Igor Olenicoff. (Attachments: # (1) Declaration Amended Exhibit Pages Pt. 3)(Newmeyer, Thomas)
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Legal Document (Payment Possibly Required) 610 Filed: 3/20/2012, Entered: 3/20/2012 Declaration (Motion related)
DECLARATION of Thomas F. Newmeyer In Support of Oppositions to MSJs MOTION for Summary Judgment as to Damages[584], MOTION for Summary Judgment as to Statutes of Limitations[583], MOTION for Summary Judgment as to the Racketeer Influenced and Corrupt Organizations Act[585], MOTION for Summary Judgment as to On All Claims Except RICO[582] filed by Plaintiffs Olen Properties Corp., Igor Olenicoff. (Attachments: # (1) Declaration Exhibits to Declaration Pt. 1, # (2) Declaration Exhibits to Declaration Pt. 2, # (3) Declaration Exhibits to Declaration Pt. 3)(Newmeyer, Thomas)
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Legal Document (Payment Possibly Required) 609 Filed: 3/20/2012, Entered: 3/20/2012 Statement (Motion related)
STATEMENT of / Omnibus Introduction and Statement of Facts and Standard of Review in Opposition to UBS's Motions for Summary Judgment 1 through 5 MOTION for Summary Judgment as to Damages[584], MOTION for Summary Judgment as to Statutes of Limitations[583], MOTION for Summary Judgment as to Olen Properties Corp.[586], MOTION for Summary Judgment as to the Racketeer Influenced and Corrupt Organizations Act[585], MOTION for Summary Judgment as to On All Claims Except RICO[582] filed by Plaintiffs Olen Properties Corp., Igor Olenicoff. (Attachments: # (1) Declaration of Igor Olenicoff)(Newmeyer, Thomas)
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Legal Document (Payment Possibly Required) 608 Filed: 3/20/2012, Entered: 3/20/2012 Statement (Motion related)
STATEMENT of Genuine Issues in Opposition to UBS's Motions for Summary Judgment Numbers 1 through 5 MOTION for Summary Judgment as to Damages[584], MOTION for Summary Judgment as to Statutes of Limitations[583], MOTION for Summary Judgment as to Olen Properties Corp.[586], MOTION for Summary Judgment as to the Racketeer Influenced and Corrupt Organizations Act[585], MOTION for Summary Judgment as to On All Claims Except RICO[582] filed by Plaintiffs Olen Properties Corp., Igor Olenicoff. (Newmeyer, Thomas)
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Legal Document (Payment Possibly Required) 607 Filed: 3/20/2012, Entered: 3/20/2012 MEMORANDUM in Opposition to Motion
MEMORANDUM in Opposition to MOTION for Summary Judgment as to Damages[584] [Summary Judgment No.3] filed by Plaintiffs Olen Properties Corp., Igor Olenicoff. (Newmeyer, Thomas)
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Legal Document (Payment Possibly Required) 606 Filed: 3/20/2012, Entered: 3/20/2012 MEMORANDUM in Opposition to Motion
MEMORANDUM in Opposition to MOTION for Summary Judgment as to On All Claims Except RICO[582] [Summary Judgment No.1] filed by Plaintiffs Olen Properties Corp., Igor Olenicoff. (Newmeyer, Thomas)
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Legal Document (Payment Possibly Required) 605 Filed: 3/20/2012, Entered: 3/20/2012 MEMORANDUM in Opposition to Motion
MEMORANDUM in Opposition to MOTION for Summary Judgment as to the Racketeer Influenced and Corrupt Organizations Act[585] [Summary Judgment No.4] filed by Plaintiffs Olen Properties Corp., Igor Olenicoff. (Newmeyer, Thomas)
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Legal Document (Payment Possibly Required) 604 Filed: 3/19/2012, Entered: 3/19/2012 MEMORANDUM in Opposition to Motion
MEMORANDUM in Opposition to MOTION for Summary Judgment as to Statutes of Limitations[583] [ Summary Judgment No. 2] filed by Plaintiffs Olen Properties Corp., Igor Olenicoff. (Newmeyer, Thomas)
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Legal Document (Payment Possibly Required) 603 Filed: 3/19/2012, Entered: 3/19/2012 Declaration (Motion related)
DECLARATION of Marisa Poulos in Support of MOTION for Summary Judgment as to Damages[584], MOTION for Summary Judgment as to Statutes of Limitations[583], MOTION for Summary Judgment as to Olen Properties Corp.[586], MOTION for Summary Judgment as to the Racketeer Influenced and Corrupt Organizations Act[585], MOTION for Summary Judgment as to On All Claims Except RICO[582] filed by Plaintiffs Olen Properties Corp., Igor Olenicoff. (Attachments: # (1) Declaration of Julie A. Ault)(Lyons, Jennifer)
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Legal Document (Payment Possibly Required) 602 Filed: 3/19/2012, Entered: 3/19/2012 Objection
OBJECTIONS to Statement (Motion related), Statement (Motion related), Statement (Motion related), Statement (Motion related)[587] / Plaintiffs' Objections to the Declarations of Kristopher Diulio and Douglas Farrow Filed by Defendants in Support of Defendants' Motion for Summary Judgment filed by Plaintiffs Olen Properties Corp., Igor Olenicoff. (Lyons, Jennifer)
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Legal Document (Payment Possibly Required) 601 Filed: 3/19/2012, Entered: 3/19/2012 Notice of Manual Filing (G-92)
NOTICE of Manual Filing filed by Plaintiffs Olen Properties Corp., Igor Olenicoff of Exhibits and Deposition Transcripts. (Lyons, Jennifer)
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Legal Document (Payment Possibly Required) 600 Filed: 3/13/2012, Entered: 3/14/2012 Minutes of In Chambers Order/Directive - no proceeding heldCourt Filing
MINUTE ORDER IN CHAMBERS by Magistrate Judge Robert N. Block: re: UBS's MOTION to Compel the Production of Documents from Plaintiffs [597]: For purposes of their Supplemental Memoranda, the parties are advised as follows. (See document for details.) (rla)
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Legal Document (Payment Possibly Required) 599 Filed: 3/9/2012, Entered: 3/9/2012 Joint Stipulation re Discovery Motion
JOINT STIPULATION to MOTION for Discovery regarding Production of Documents from Plaintiffs Igor Olenicoff and Olen Properties Corp.[597] filed by Defendant UBS AG. (Attachments: # (1) Declaration Igor Olenicoff, # (2) Declaration Julie Ault, # (3) Declaration Jennifer Lyons, # (4) Declaration Kristopher P. Diulio, # (5) Exhibit A - H, # (6) Exhibit I - M, # (7) Exhibit N - W)(Kitchens, Dean)
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Legal Document (Payment Possibly Required) 598 Filed: 3/9/2012, Entered: 3/9/2012 Declaration (Motion related)
DECLARATION of Lauren A. Eber in Opposition to MOTION to Compel Deposition of UBS AG 's 30(b)(6) Witness Re: Docus, and to Produce Docu Documents MOTION to Compel Deposition of UBS AG 's 30(b)(6) Witness Re: Docus, and to Produce Docu Documents[593] filed by Plaintiffs Olen Properties Corp., Igor Olenicoff. (Lyons, Jennifer)
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Legal Document (Payment Possibly Required) 597 Filed: 3/9/2012, Entered: 3/9/2012, Terminated: 4/12/2012 Motion for DiscoveryCourt Filing
NOTICE OF MOTION AND MOTION for Discovery regarding Production of Documents from Plaintiffs Igor Olenicoff and Olen Properties Corp. filed by Defendant UBS AG. Motion set for hearing on 4/3/2012 at 09:30 AM before Magistrate Judge Robert N. Block. (Kitchens, Dean)
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Legal Document (Payment Possibly Required) 596 Filed: 3/9/2012, Entered: 3/9/2012 Errata
NOTICE OF ERRATA filed by Plaintiffs Olen Properties Corp., Igor Olenicoff. correcting Declaration (Motion related), Declaration (Motion related)[595], Joint Stipulation re Discovery Motion, [594] Notice of Errata Regarding Plaintiffs' Motion to Compel Deposition of UBS AG's 30(b)(6) Witness Re: Docus, and to Produce Docu Documents (Lyons, Jennifer)
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Legal Document (Payment Possibly Required) 595 Filed: 3/9/2012, Entered: 3/9/2012 Declaration (Motion related)
DECLARATION of Thomas F. Newmeyer in Support of MOTION to Compel Deposition of UBS AG 's 30(b)(6) Witness Re: Docus, and to Produce Docu Documents MOTION to Compel Deposition of UBS AG 's 30(b)(6) Witness Re: Docus, and to Produce Docu Documents[593] filed by Plaintiffs Olen Properties Corp., Igor Olenicoff. (Lyons, Jennifer)
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Legal Document (Payment Possibly Required) 594 Filed: 3/9/2012, Entered: 3/9/2012 Joint Stipulation re Discovery Motion
JOINT STIPULATION to MOTION to Compel Deposition of UBS AG 's 30(b)(6) Witness Re: Docus, and to Produce Docu Documents MOTION to Compel Deposition of UBS AG 's 30(b)(6) Witness Re: Docus, and to Produce Docu Documents[593] filed by Plaintiffs Olen Properties Corp., Igor Olenicoff. (Lyons, Jennifer)
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Legal Document (Payment Possibly Required) 593 Filed: 3/9/2012, Entered: 3/9/2012, Terminated: 4/3/2012 Motion to Compel DepositionCourt Filing
NOTICE OF MOTION AND MOTION to Compel Deposition of UBS AG 's 30(b)(6) Witness Re: Docus, and to Produce Docu Documents filed by Plaintiffs Olen Properties Corp., Igor Olenicoff. Motion set for hearing on 4/3/2012 at 09:30 AM before Judge Andrew J. Guilford. (Lyons, Jennifer)
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Sealed Legal Document 592 Filed: 2/28/2012, Entered: 3/6/2012 Exhibit
SEALED DOCUMENT RE: EXHIBITS 39-41, 43-44, 50-51, 55-56 to Declaration of Kristoper in Support of Motion for Summary Judgment. (Attachments: # (1) Part 2, # (2) Part 3, # (3) Part 4, # (4) Part 5, # (5) Part 6, # (6) Part 7, # (7) Part 8, # (8) Part 9, # (9) Part 10)(lwag) Modified on 3/20/2012 (lwag).
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Sealed Legal Document 591 Filed: 2/28/2012, Entered: 3/2/2012 Order on Application to Seal (document)Court Filing
ORDER GRANTING UBS AG'S APPLICATION TO FILE UNDER SEAL [590], by Judge Andrew J. Guilford. Pursuant to the application of UBS AG, the Court hereby GRANTS UBS AG's Application to File Under Seal Pursuant to Local Rule 79-5.1 and ORDERS that the following documents be filed under seal: 1. Igor Olenicoff's 1998 through 2005 tax returns, which are attached to the February 27, 2012 Diulio Declaration as Exhibits 39-41, 43-44, 50, 55-56; and 2. A December 21, 2004 email from Igor Olenicoff to Bradley Birkenfeld, which is attached to the Diulio Declaration as Exhibit 51. IT IS SO ORDERED. (dro)
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Legal Document (Payment Possibly Required) 590 Filed: 2/28/2012, Entered: 3/2/2012 Application to Seal
UBS AG'S APPLICATION to File Exhibits Under Seal. (see document for details). (dro)
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Legal Document (Payment Possibly Required) 589 Filed: 2/28/2012, Entered: 2/28/2012 Order on Ex Parte Application for LeaveCourt Filing
MINUTES (IN CHAMBERS): ORDER by Judge Andrew J. Guilford: REGARDING EX PARTE APPLICATION REGARDING UBS' MOTIONS FOR SUMMARY JUDGMENT [579]: The Court favorably notes that UBS limited itself to one omnibus evidentiary filing, including one single Statement of Uncontroverted Facts and Conclusions of Law and two Declarations supporting all five Motions. The Court ORDERS that the Opposition and the Reply briefs also use an omnibus evidentiary filing, rather than separate statements of fact and separate declarations for each Motion. The condensed evidentiary submissions should ease Plaintiffs' burden. The Court DENIES Plaintiffs' request to limit the number of Motions. The Court finds that good cause exists to CONTINUE the March 26, 2012 10:00 a.m. hearing date on the Motions until April 9, 2012 at 10:00 a.m. (rla)
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Legal Document (Payment Possibly Required) 588 Filed: 2/27/2012, Entered: 2/27/2012, Terminated: 4/10/2012 Motion for JoinderCourt Filing
NOTICE OF MOTION AND First MOTION for Joinder in MOTION for Summary Judgment as to Damages[584], MOTION for Summary Judgment as to Statutes of Limitations[583], MOTION for Summary Judgment as to Olen Properties Corp.[586], MOTION for Summary Judgment as to the Racketeer Influenced and Corrupt Organizations Act[585], MOTION for Summary Judgment as to On All Claims Except RICO[582] filed by Defendant Bradley Birkenfeld Bradley Birkenfeld. Motion set for hearing on 3/26/2012 at 10:00 AM before Judge Andrew J. Guilford. (Cline, John)
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Legal Document (Payment Possibly Required) 587 Filed: 2/27/2012, Entered: 2/27/2012 Statement (Motion related)
STATEMENT of of Uncontroverted Facts and Conclusions of Law MOTION for Summary Judgment as to Damages[584], MOTION for Summary Judgment as to Olen Properties Corp.[586], MOTION for Summary Judgment as to the Racketeer Influenced and Corrupt Organizations Act[585], MOTION for Summary Judgment as to Statutes of Limitations[583], MOTION for Summary Judgment as to On All Claims Except RICO[582] filed by Defendant UBS AG. (Attachments: # (1) Declaration of Douglas Farrow, # (2) Declaration of Kristopher P. Diulio, # (3) Exhibit 1-5, # (4) Exhibit 6-10, # (5) Exhibit 11-20, # (6) Exhibit 21-30, # (7) Exhibit 31-35, # (8) Exhibit 36-38, # (9) Exhibit 42, # (10) Exhibit 45-49, # (11) Exhibit 52-54, # (12) Exhibit 57-58, # (13) Exhibit 59-64)(Kitchens, Dean)
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Legal Document (Payment Possibly Required) 586 Filed: 2/27/2012, Entered: 2/27/2012, Terminated: 4/10/2012 Motion for Summary JudgmentCourt Filing
NOTICE OF MOTION AND MOTION for Summary Judgment as to Olen Properties Corp. filed by Defendant UBS AG. Motion set for hearing on 3/26/2012 at 10:00 AM before Judge Andrew J. Guilford. (Kitchens, Dean)
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Legal Document (Payment Possibly Required) 585 Filed: 2/27/2012, Entered: 2/27/2012, Terminated: 4/10/2012 Motion for Summary JudgmentCourt Filing
NOTICE OF MOTION AND MOTION for Summary Judgment as to the Racketeer Influenced and Corrupt Organizations Act filed by Defendant UBS AG. Motion set for hearing on 3/26/2012 at 10:00 AM before Judge Andrew J. Guilford. (Kitchens, Dean)
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Legal Document (Payment Possibly Required) 584 Filed: 2/27/2012, Entered: 2/27/2012, Terminated: 4/10/2012 Motion for Summary JudgmentCourt Filing
NOTICE OF MOTION AND MOTION for Summary Judgment as to Damages filed by Defendant UBS AG. Motion set for hearing on 3/26/2012 at 10:00 AM before Judge Andrew J. Guilford. (Kitchens, Dean)
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Legal Document (Payment Possibly Required) 583 Filed: 2/27/2012, Entered: 2/27/2012, Terminated: 4/10/2012 Motion for Summary JudgmentCourt Filing
NOTICE OF MOTION AND MOTION for Summary Judgment as to Statutes of Limitations filed by Defendant UBS AG. Motion set for hearing on 3/26/2012 at 10:00 AM before Judge Andrew J. Guilford. (Kitchens, Dean)
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Legal Document (Payment Possibly Required) 582 Filed: 2/27/2012, Entered: 2/27/2012, Terminated: 4/10/2012 Motion for Summary JudgmentCourt Filing
NOTICE OF MOTION AND MOTION for Summary Judgment as to On All Claims Except RICO filed by Defendant UBS AG. Motion set for hearing on 3/26/2012 at 10:00 AM before Judge Andrew J. Guilford. (Kitchens, Dean)
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Legal Document (Payment Possibly Required) 581 Filed: 2/27/2012, Entered: 2/27/2012 Notice of Manual Filing (G-92)
NOTICE of Manual Filing filed by Defendant UBS AG of Exhibits 39-41, 43-44, 50-51, 55-56 to Diulio Declaration. (Kitchens, Dean)
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Legal Document (Payment Possibly Required) 580 Filed: 2/27/2012, Entered: 2/27/2012 Objection/Opposition (Motion related)
Opposition in Opposition re: EX PARTE APPLICATION for Leave to / Ex Parte Application to Limit UBS AG's Motions for Summary Judgment and Extend the Briefing Schedule, or, in the Alternative, to Amend the Scheduling Order to Allow Reasonable Time for Plaintiffs' Oppositi[579] filed by Defendant UBS AG. (Kitchens, Dean)
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Legal Document (Payment Possibly Required) 579 Filed: 2/24/2012, Entered: 2/24/2012, Terminated: 2/28/2012 Ex Parte Applicaton for Leave
EX PARTE APPLICATION for Leave to / Ex Parte Application to Limit UBS AG's Motions for Summary Judgment and Extend the Briefing Schedule, or, in the Alternative, to Amend the Scheduling Order to Allow Reasonable Time for Plaintiffs' Oppositions filed by Plaintiffs Olen Properties Corp., Igor Olenicoff. (Attachments: # (1) Declaration of Thomas Newmeyer)(Newmeyer, Thomas)
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Legal Document (Payment Possibly Required) 578 Filed: 2/24/2012, Entered: 2/24/2012 OrderCourt Filing
ORDER of Dismissal by Judge Andrew J. Guilford, re Stipulation to Dismiss Party[577]. All claims against the Michie-Knight Defendants in the above-captioned action are dismissed with prejudice; Each part shall bear its own attorneys' fees, costs, and expenses; This Court shall and hereby does retain jurisdiction to enforce the terms of the Settlement agreement reached between the parties, and to resolve any and all disputes arising under or relating to this Settlement Agreement. Gestrust SA, Robert Knight, Knight Financial, LTD, James Alexander Michie, Marc Angst and GM Capital Partners, LTD. terminated. (nca)
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Legal Document (Payment Possibly Required) 577 Filed: 2/23/2012, Entered: 2/23/2012 Stipulation to Dismiss Party
STIPULATION to Dismiss defendants Marc Angst, GM Capital Partners, LTD., Gestrust SA, Robert Knight, Knight Financial, LTD, James Alexander Michie filed by plaintiff Olen Properties Corp.. (Attachments: # (1) Proposed Order)(Ault, Julie)
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Legal Document (Payment Possibly Required) 576 Filed: 2/21/2012, Entered: 2/21/2012 OrderCourt Filing
ORDER OF DISMISSAL by Judge Andrew J. Guilford: re Stipulation to Dismiss With Prejudice by and between Plaintiffs Igor Olenicoff and Olen Properties Corp, and Defendant Herb Lustig [575]. IT IS HEREBY ORDERED THAT: All claims against Lustig in the above-captioned action are dismissed with prejudice; Each party shall bear its own attorneys' fees, costs, and expenses; and This Court shall and hereby does retain jurisdiction to enforce the terms of the Settlement Agreement reached between the parties, and to resolve any and all disputes arising under or relating to this Settlement Agreement. (mt)
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Legal Document (Payment Possibly Required) 575 Filed: 2/21/2012, Entered: 2/21/2012 Stipulation to Dismiss Party
STIPULATION to Dismiss Defendant Herb Lustig filed by Plaintiff Igor Olenicoff. (Attachments: # (1) Proposed Order)(Poulos, Marisa)
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Legal Document (Payment Possibly Required) 574 Filed: 2/15/2012, Entered: 2/15/2012 Order on Motion to Withdraw as AttorneyCourt Filing
MINUTES (IN CHAMBERS): ORDER by Judge Andrew J. Guilford: granting [559] Motion to Withdraw as Attorney. Attorney Justin H Sanders terminated (twdb)
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Legal Document (Payment Possibly Required) 573 Filed: 2/13/2012, Entered: 2/13/2012 OrderCourt Filing
ORDER regarding expert depositions by Judge Andrew J. Guilford, re Stipulation to Extend Discovery Cut-Off Date [572]. (twdb)
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Legal Document (Payment Possibly Required) 572 Filed: 2/7/2012, Entered: 2/7/2012 Stipulation to Extend Discovery Cut-Off Date
STIPULATION to Extend Discovery Cut-Off Date to As soon as reasonably possible after February 8, 2012 filed by Defendant UBS AG. (Attachments: # (1) Proposed Order Regarding Expert Depositions)(Kitchens, Dean)
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Legal Document (Payment Possibly Required) 571 Filed: 2/2/2012, Entered: 2/3/2012 Order on Motion to CompelCourt Filing
MINUTES (IN CHAMBERS): ORDER by Magistrate Judge Robert N. Block: denying [537] Motion to Compel filed 12/19/11. (twdb)
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Legal Document (Payment Possibly Required) 570 Filed: 2/2/2012, Entered: 2/2/2012, Terminated: 4/12/2012 Motion to Strike re Discovery Matter
NOTICE OF MOTION AND MOTION to Strike Reply (non-motion)[568] filed by defendant UBS AG. (Eber, Lauren)
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Legal Document (Payment Possibly Required) 568 Filed: 2/1/2012, Entered: 2/1/2012 Reply
REPLY filed by Plaintiffs Olen Properties Corp., Igor Olenicoff to Supplement(Motion related)[564] / Plaintiffs' Reply to UBS AG's Supplemental Brief Concerning Attorney-Client Privelege (Lyons, Jennifer)
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Legal Document (Payment Possibly Required) 569 Filed: 1/31/2012, Entered: 2/2/2012 Discovery HearingCourt Filing
MINUTES OF Discovery Conference held before Magistrate Judge Robert N. Block: Counsel report that they have narrowed many of the issues in dispute that were the subject of the Motion for Protective Order filed by UBS on January 4, 2012. (See document for further details.)Court Recorder: CS 1/31/2012. (rla)
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Legal Document (Payment Possibly Required) 564 Filed: 1/27/2012, Entered: 1/27/2012 Supplement(Motion related)
SUPPLEMENT Brief Concerning Igor Olenicoff's Waiver of the Attorney-Client Privilege filed by Defendant UBS AG. (Diulio, Kristopher)
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Sealed Legal Document 567 Filed: 1/26/2012, Entered: 1/31/2012 Declaration
**SEALED DOCUMENT** RE: DECLARATION of Justin H. Sanders in Support of Motion Withdraw as Counsel (ade)
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Legal Document (Payment Possibly Required) 566 Filed: 1/26/2012, Entered: 1/30/2012 Order on Application to Seal (document)Court Filing
ORDER by Judge Andrew J. Guilford: GRANTING APPLICATION TO FILE UNDER SEAL [565]. (rla)
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Legal Document (Payment Possibly Required) 565 Filed: 1/26/2012, Entered: 1/30/2012 Application to Seal
APPLICATION to File Under Seal; filed by defendants Robert Knight, Knight Financial, LTD. (rla)
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Legal Document (Payment Possibly Required) 563 Filed: 1/24/2012, Entered: 1/25/2012 Notice of Withdrawal
Notice of Withdrawal of Ex Parte Application for Order for protective order or alternative, Quash Subpoena[562] filed by Non party Fulbright and Jaworski LLP. (twdb)
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Legal Document (Payment Possibly Required) 562 Filed: 1/23/2012, Entered: 1/24/2012 Ex Parte Application for Order
EX PARTE APPLICATION for PROTECTIVE ORDER, or in the Alternative, Motion to Quash Subpoena; filed by movant Fulbright and Jaworski LLP. (Attachments: # (1) PART 2, # (2) PART 3)(rla)
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Legal Document (Payment Possibly Required) 561 Filed: 1/20/2012, Entered: 1/20/2012 Supplement
SUPPLEMENT filed by Plaintiffs Olen Properties Corp., Igor Olenicoff. (Attachments: # (1) Declaration of Igor Olenicoff in Support of Plaintiffs' Supplemental Brief Concerning Attorney-Client Privilege)(Lyons, Jennifer)
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Legal Document (Payment Possibly Required) 560 Filed: 1/18/2012, Entered: 1/18/2012 Notice of Manual Filing (G-92)
NOTICE of Manual Filing filed by Defendants GM Capital Partners, LTD., Robert Knight, Knight Financial, LTD, James Alexander Michie of (1) Application To File Under Seal Pursuant To Local Rule 79.5.1; (2) [Proposed] Order Granting Application To File Under Seal; and (3) Declaration Of Justin H. Sanders In Support Of Motion To Withdraw As Counsel with Exhibits 1-4. (Sanders, Justin)
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Legal Document (Payment Possibly Required) 559 Filed: 1/18/2012, Entered: 1/18/2012, Terminated: 2/15/2012 Motion to Withdraw as AttorneyCourt Filing
NOTICE OF MOTION AND MOTION of Justin H. Sanders to Withdraw as Attorney filed by Defendants GM Capital Partners, LTD., Robert Knight, Knight Financial, LTD, James Alexander Michie. Motion set for hearing on 2/20/2012 at 10:00 AM before Judge Andrew J. Guilford. (Attachments: # (1) Proposed Order)(Sanders, Justin)
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Legal Document (Payment Possibly Required) 558 Filed: 1/17/2012, Entered: 1/17/2012 (TERMED) Notice of Filing Transcript (G-46)
NOTICE OF FILING TRANSCRIPT filed for proceedings 1/10/12 9:40am (ml)
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Legal Document (Payment Possibly Required) 557 Filed: 1/17/2012, Entered: 1/17/2012 Transcript (CV)
TRANSCRIPT for proceedings held on 1/10/12 9:40am. Court Reporter/Electronic Court Recorder: JAMS Certified Transcription, phone number (661) 609-4528. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 2/7/2012. Redacted Transcript Deadline set for 2/17/2012. Release of Transcript Restriction set for 4/16/2012. (ml)
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Legal Document (Payment Possibly Required) 556 Filed: 1/12/2012, Entered: 1/12/2012 Notice of Clerical Error (G-11)
NOTICE OF CLERICAL ERROR: During initial docketing of the Motion Hearing [555], the TENTATIVE RULING ON LAW & MOTION MATTER was not attached. This G-11 has attached the Minutes of Motion Hearing with the Tentative Ruling on Law & Motion Matter for your information. (Attachments: # (1) Minutes and Tentative Ruling) (rla)
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Legal Document (Payment Possibly Required) 554 Filed: 1/11/2012, Entered: 1/11/2012 (TERMED) Transcript Order Form (AO-435)
TRANSCRIPT ORDER for date of proceedings 01/10/2012 to 01/10/2012 as to Plaintiff Olen Properties Corp. Court Smart (CS). Court will contact Laila Seitz at lseitz@olenproperties.com with any questions regarding this order. Transcript portion requested: Other: Discovery Hearing. Category: Expedited. (Ault, Julie)
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Legal Document (Payment Possibly Required) 553 Filed: 1/11/2012, Entered: 1/11/2012 (TERMED) Transcript Order Form (AO-435)
TRANSCRIPT ORDER for date of proceedings 1/10/12 to 1/10/12 as to Defendant UBS AG Court Smart (CS). Court will contact Dena Kennedy at dfkennedy@gibsondunn.com with any questions regarding this order. Transcript portion requested: Other: 1/10/12. Category: Expedited. (Diulio, Kristopher)
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Legal Document (Payment Possibly Required) 555 Filed: 1/10/2012, Entered: 1/12/2012 Motion HearingCourt Filing
MINUTES OF Motion Hearing held before Magistrate Judge Robert N. Block: After further affording Ms. Poulos the opportunity to be heard on why the Court should not therefore sanction her monetarily pursuant to Local Rule Local 83-7(a) in the amount of $1,000, the Court imposes sanctions in the amount of $250, which the Court orders Ms. Poulos to pay to the Clerk's Office: Attn Fiscal Section within seven (7) days of todays ruling. (LAW AND MOTION CALENDAR) (See document for further details.) Court Recorder: CS 01/10/2012. (rla) (Additional attachment(s) added on 1/12/2012: # (1) TENTATIVE) (rla).
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Legal Document (Payment Possibly Required) 552 Filed: 1/10/2012, Entered: 1/10/2012 (TERMED) Transcript Order Form (AO-435)
TRANSCRIPT ORDER for date of proceedings 1/12/2012 to 1/12/2012 as to Defendant UBS AG Court Smart (CS). Court will contact Dena Kennedy at dfkennedy@gibsondunn.com with any questions regarding this order. Transcript portion requested: Other: 1/10/2012. Category: Expedited. (Diulio, Kristopher)
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Blank  Filed: None, Entered: None Text Only Notice of Deficiency re Request for Transcript
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Transcript Order Form (AO-435 [552]. The following error(s) was found: Incorrect hrng Date used when docketing order form. Please use correct hearing date (1/10/12). You must electronically refile the above referenced Request for Transcript in this case to correct this deficiency.
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Legal Document (Payment Possibly Required) 551 Filed: 1/5/2012, Entered: 1/6/2012 Minutes of In Chambers Order/Directive - no proceeding heldCourt Filing
MINUTE ORDER IN CHAMBERS by Magistrate Judge Robert N. Block: re: UBS AG's MOTION for Protective Order [546]: It is ORDERED: 1. The parties need not bother filing supplemental memoranda because the Court will not consider them. 2. The hearing on the Motion noticed for January 31, 2012 is ordered off calendar. Instead, lead counsel of record for each side shall appear in person before the Court on that date at 9:30 a.m. for the purpose of meeting and conferring further under the Court's auspices. (see document for further details.) 4. Upon its review of the Revised Joint Stipulation, the Court will determine whether the Revised Joint Stipulation complies with Local Rule 37-2.1 and the Court's instructions, and if so, whether to set the Motion for hearing, or whether to just take the Motion under submission and rule on it without oral argument per Local Rule 7-15. (rla)
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Legal Document (Payment Possibly Required) 550 Filed: 1/5/2012, Entered: 1/5/2012 Notice of Lodging
NOTICE OF LODGING filed in Response to Court Order re Minutes of In Chambers Order/Directive - no proceeding held,, [549] (Attachments: # (1) Exhibit)(Eber, Lauren)
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Legal Document (Payment Possibly Required) 549 Filed: 1/5/2012, Entered: 1/5/2012 Minutes of In Chambers Order/Directive - no proceeding heldCourt Filing
MINUTE ORDER (IN CHAMBERS) by Magistrate Judge Robert N. Block regarding UBS AGs Motion to Compel Discovery from Plaintiffs, filed December19, 2011: In reviewing the Joint Stipulation and accompanying exhibits, the Court notes that the pages from the Olenicoff deposition cited by UBS AG on pp. 30-31 of the Joint Stipulation (i.e., pp. 197, 194, and 200) are not included in the Courts copy of Exhibit J. UBS AG is ordered to immediately rectify that oversight, and for the sake of completeness to lodge copies of pp. 194-209. [537] (see document for further details) (klg)
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Legal Document (Payment Possibly Required) 548 Filed: 1/5/2012, Entered: 1/5/2012 Minutes of In Chambers Order/Directive - no proceeding heldCourt Filing
MINUTE ORDER (IN CHAMBERS) by Magistrate Judge Robert N. Block regarding Plaintiffs Supplemental Memorandum, filed January 4, 2012: Under Local Rule 37-2.3, the deadline for the filing of supplemental memoranda with respect to UBS AGs pending Motion to Compel Discovery from Plaintiffs was December 27, 2011. Accordingly, at the January 10, 2012 hearing, Ms. Poulos is ordered to be prepared to show cause why the Court should not find that her violationof Local Rule 37-2.3 was willful, grossly negligent, or reckless and why the Court should not therefore sanction her monetarily pursuant to Local Rule Local 83-7(a) in the amount of $1,000. [545] (see document for further details) (klg)
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Legal Document (Payment Possibly Required) 547 Filed: 1/4/2012, Entered: 1/4/2012 Joint Stipulation re Discovery Motion
JOINT STIPULATION to MOTION for Protective Order for Discovery Served on UBS AG[546] filed by Defendant UBS AG. (Attachments: # (1) Declaration of Dean J. Kitchens, # (2) Exhibit A, # (3) Exhibit B, # (4) Exhibit C, # (5) Exhibit D, # (6) Exhibit E, # (7) Exhibit F, # (8) Exhibit G, # (9) Exhibit H, # (10) Exhibit I, # (11) Exhibit J, # (12) Declaration of Jennifer C. Lyons, # (13) Exhibit K-L, # (14) Exhibit M-T)(Kitchens, Dean)
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Legal Document (Payment Possibly Required) 546 Filed: 1/4/2012, Entered: 1/4/2012, Terminated: 4/12/2012 Motion for Protective OrderCourt Filing
NOTICE OF MOTION AND MOTION for Protective Order for Discovery Served on UBS AG filed by Defendant UBS AG. Motion set for hearing on 1/31/2012 at 09:30 AM before Magistrate Judge Robert N. Block. (Kitchens, Dean)
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Legal Document (Payment Possibly Required) 545 Filed: 1/4/2012, Entered: 1/4/2012 Supplement(Motion related)
SUPPLEMENT to MOTION to Compel the Production of Documents, Interrogatory Responses, and Requests for Admissions from Plaintiffs Igor Olenicoff and Olen Properties Corp.[537] filed by Plaintiffs Olen Properties Corp., Igor Olenicoff. (Attachments: # (1) Declaration of Julie A. Ault)(Poulos, Marisa)
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Legal Document (Payment Possibly Required) 543 Filed: 12/27/2011, Entered: 12/27/2011 Supplement(Motion related)
SUPPLEMENT to MOTION to Compel the Production of Documents, Interrogatory Responses, and Requests for Admissions from Plaintiffs Igor Olenicoff and Olen Properties Corp.[537] filed by Defendant UBS AG. (Attachments: # (1) Declaration of Dean J. Kitchens, # (2) Declaration of Kristopher P. Diulio, # (3) Exhibit 1)(Kitchens, Dean)
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Sealed Legal Document 544 Filed: 12/21/2011, Entered: 1/3/2012 Exhibit
SEALED DOCUMENT EXHIBIT R-II, KK to Declaration of Kristopher P. Diulio in support of UBS AG'S to MOTION to Compel Discovery Responses [537] (Attachments: # (1) part 2, # (2) part 3, # (3) part 4, # (4) part 5)(twdb) (Additional attachment(s) added on 1/3/2012: # (5) part 6, # (6) part 7, # (7) part 8, # (8) part 9, # (9) part 10, # (10) part 11, # (11) part 11) (twdb).
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Legal Document (Payment Possibly Required) 542 Filed: 12/21/2011, Entered: 12/22/2011 Order on Application to Seal (document)Court Filing
ORDER by Magistrate Judge Robert N. Block: Granting UBS AG's Application to File Under Seal Pursuant to Local Rule 79-5.1 [541] (mt) Modified on 1/3/2012 (lwag).
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Legal Document (Payment Possibly Required) 541 Filed: 12/21/2011, Entered: 12/22/2011 Application to Seal
APPLICATION to File Exhibits Under Seal Pursuant to Local Rule 79-5.1 filed by defendant UBS AG. (mt)
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Legal Document (Payment Possibly Required) 540 Filed: 12/21/2011, Entered: 12/21/2011 Minutes of In Chambers Order/Directive - no proceeding heldCourt Filing
MINUTE ORDER IN CHAMBERS by Magistrate Judge Robert N. Block, re: UBS AG's Motion to Compel Discovery from Plaintiffs, filed December 19, 2011: (See document for details.) (rla)
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Legal Document (Payment Possibly Required) 539 Filed: 12/19/2011, Entered: 12/19/2011 Notice of Manual Filing (G-92)
NOTICE of Manual Filing filed by Defendant UBS AG of Sealed Exhibits R through II, KK. (Kitchens, Dean)
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Legal Document (Payment Possibly Required) 538 Filed: 12/19/2011, Entered: 12/19/2011 Joint Stipulation re Discovery Motion
JOINT STIPULATION to MOTION to Compel the Production of Documents, Interrogatory Responses, and Requests for Admissions from Plaintiffs Igor Olenicoff and Olen Properties Corp.[537] filed by Defendant UBS AG. (Attachments: # (1) Appendix A and B, # (2) Declaration of Julie Ault, # (3) Declaration of Marisa Poulos with Exhibits A - C, # (4) Declaration of Kristopher P. Diulio, # (5) Exhibit A - G to Diulio Declaration, # (6) Exhibit H - M to Diulio Declaration, # (7) Exhibit N - KK to Diulio Declaration, # (8) Exhibit LL - PP to Diulio Declaration, # (9) Exhibit QQ - UU to Diulio Declaration)(Kitchens, Dean)
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Legal Document (Payment Possibly Required) 537 Filed: 12/19/2011, Entered: 12/19/2011, Terminated: 2/2/2012 Motion to CompelCourt Filing
NOTICE OF MOTION AND MOTION to Compel the Production of Documents, Interrogatory Responses, and Requests for Admissions from Plaintiffs Igor Olenicoff and Olen Properties Corp. filed by Defendant UBS AG. Motion set for hearing on 1/10/2012 at 09:30 AM before Magistrate Judge Robert N. Block. (Kitchens, Dean)
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Legal Document (Payment Possibly Required) 536 Filed: 12/7/2011, Entered: 12/9/2011 Discovery HearingCourt Filing
MINUTES OF Discovery conference held before Magistrate Judge Robert N. Block:Case called. Counsel make their appearances. After conferring with counselregarding their dispute over the search terms to be utilized by UBS for purposes of its production of ESI material, the Court sets January 6, 2012 as the production date for the responsive ESI material. The Court then recesses in order to afford counsel the opportunity to meet and confer further, in light of the Courts guidance. Back on the record, counsel advise that they have resolved their dispute over the search terms and state their resolutionfor the record.Court Recorder: CourtSmart. (twdb)
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Legal Document (Payment Possibly Required) 535 Filed: 12/6/2011, Entered: 12/7/2011 Telephone ConferenceCourt Filing
MINUTES OF (Telephone Conference) held before Magistrate Judge Robert N. Block:Case called. Counsel make their appearances telephonically.With respect to the agenda issue raised by plaintiffs, the Court sets December 23, 2011 as the production deadline for all documents responsive to the eight other revised requests originally at issue in UBSs Hague brief, for which hard copies exist. As for the production of responsive ESI material, the Court orders counsel to appear before it at 10:00 a.m. on December 7, 2011 to meet and confer further, unless they are able to reach a resolution of that issue in the meantime. With respect to the agenda issues raised by UBS, the Court sets December 23, 2011 as the deadline for plaintiffs to complete all items except the one item identified by plaintiffs counsel as still being in dispute. The Court then confers with counsel regarding the motion to compel that UBS contemplates filing, and provides some guidance. The Court also advises that, upon the filing of the Motion and the Courts review of the Joint Stipulation, the Court anticipates taking the motion off calendar and instead ordering counsel to appear before the Court to meet and confer further under the Courts auspices. Since there will be no need for the parties to file supplemental memoranda, the Court likely will set an earlier date than thenoticed hearing date for the further meet and confer session. Court Reporter: C/S 12/6/11. (klg)
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Legal Document (Payment Possibly Required) 534 Filed: 11/22/2011, Entered: 11/22/2011, Terminated: 4/12/2012 Request to Substitute or Withdraw Attorney (G-01)
REQUEST to Substitute attorney Douglas J. Rovens/Steven A. Lamb, Members of Rovens Lamb, LLP in place of attorney Mark Romeo, a Member of Crowell & Moring LLP filed by Defendant David A. Schwedel, Union Charter, Ltd.. (Attachments: # (1) Order on Request for Approval of Substitution of Attorney)(Lamb, Steven)
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Legal Document (Payment Possibly Required) 533 Filed: 11/18/2011, Entered: 11/22/2011 Minutes of In Chambers Order/Directive - no proceeding heldCourt Filing
MINUTE ORDER IN CHAMBERS by Magistrate Judge Robert N. Block: re: MOTION to Compel Production of Documents [478]. For all of the foregoing reasons, plaintiffs Motion to Compel the Production of Documents with respect to Revised Request No. 25 is granted. UBS AG is ordered to produce those documents within twenty-one (21) days of the service date of this Minute Order. (twdb)
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Legal Document (Payment Possibly Required) 532 Filed: 11/16/2011, Entered: 11/16/2011 Reply
REPLY filed by Defendant UBS AG to Memorandum of Points and Authorities in Support (non-motion)[528], Miscellaneous Document, [531] (Attachments: # (1) Exhibit A and B)(Eber, Lauren)
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Legal Document (Payment Possibly Required) 531 Filed: 11/9/2011, Entered: 11/9/2011 Miscellaneous Document
Plaintiffs' Opposition to Defendant UBS AG's Memorandum in Support of Application of Hague Convention Procedures filed by Plaintiffs Olen Properties Corp., Igor Olenicoff (Attachments: # (1) Declaration of LIC.IUR. Michele Caratsch in Support of Plaintiffs' Opposition to Defendant UBS AG's Memorandum in Support of Application of Hague Convention Procedures)(Lyons, Jennifer)
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Legal Document (Payment Possibly Required) 530 Filed: 11/2/2011, Entered: 11/2/2011 Response
RESPONSE filed by Defendant UBS AGto Minutes of In Chambers Order/Directive - no proceeding held,,,, [529] (Eber, Lauren)
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Legal Document (Payment Possibly Required) 529 Filed: 11/1/2011, Entered: 11/1/2011 Minutes of In Chambers Order/Directive - no proceeding heldCourt Filing
MINUTE ORDER (IN CHAMBERS) by Magistrate Judge Robert N. Block: Based on its initial review of UBSs Memorandum in Support of Application of Hague Procedures and the accompanying Romy affidavit, the Court would like UBS toanswer the following question: If the Court orders plaintiffs to comply with the Hague Convention Procedures with respect to the nine revised requests in question, will UBS agree not to oppose in the Swiss court(s) the disclosure of the discovery sought (e.g., on the grounds that the requests are asking for either private financial information or confidential business or trade secret information)? In the Courts view, only an unequivocal yes answer would be consistent with the contentions made by UBS in Section 3 of its brief (commencing on page 11). UBS is ordered to serve and file its response to the foregoing question within three (3) court days of the service date of this Minute Order. Plaintiffs time to respond to UBSs brief shall not commence to run until the service of UBSs response to the foregoing question. (klg)
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Legal Document (Payment Possibly Required) 528 Filed: 10/28/2011, Entered: 10/28/2011 Memorandum of Points and Authorities in Support
MEMORANDUM of Points and Authorities in Support of Application of Hague Procedures, Filed Pursuant to the Court's October 27th Order (Eber, Lauren)
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Legal Document (Payment Possibly Required) 527 Filed: 10/28/2011, Entered: 10/28/2011 (TERMED) Notice of Filing Transcript (G-46)
NOTICE OF FILING TRANSCRIPT filed for proceedings 092611 DCCD GUILFORD 10D OLENICOFF G46www.pacertranscripts.com (Paddock, Denise)
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Legal Document (Payment Possibly Required) 526 Filed: 10/28/2011, Entered: 10/28/2011 Transcript (CV)
TRANSCRIPT for proceedings held on 092611 DCCD GUILFORD 10D OLENICOFF. Court Reporter/Electronic Court Recorder: Denise Paddock, phone number transcripts@ocrecord.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER www.pacertranscripts.com. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 11/18/2011. Redacted Transcript Deadline set for 11/28/2011. Release of Transcript Restriction set for 1/26/2012. (Paddock, Denise)
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Legal Document (Payment Possibly Required) 525 Filed: 10/27/2011, Entered: 10/28/2011 Telephone ConferenceCourt Filing
MINUTES OF Telephonic Conference held before Magistrate Judge Robert N. Block. Counsel seeking Court's guidance on how to allocate the 14 hours of deposition time for the Birkenfeld deposition. The Court allocated the time as follows: Plaintiff 6 hours. UBS 5 hours. Synthesis 1 hour. Union Charter 1 hour. Birkenfeld 1 hour. Tape #: CS:10/27/11. (nbo)
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Legal Document (Payment Possibly Required) 524 Filed: 10/27/2011, Entered: 10/27/2011 Order on Motion to CompelCourt Filing
ORDER Regarding Plaintiff's [478] Motion to Compel DEFENDANT UBS AGS PRODUCTION OF DOCUMENTS IN RESPONSE TO REQUEST FOR PRODUCTION (SET ONE) by Magistrate Judge Robert N. Block: Following the arguments of counsel, the Court makes thefollowing rulings: See order for more information. (twdb)
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Legal Document (Payment Possibly Required) 523 Filed: 10/27/2011, Entered: 10/27/2011 Statement
STATEMENT Noting the Death of a Party filed by Defendants David Eichinger, Michael Storey, Synthesis Energy Systems, Inc., Timothy Vail (Magnuson, Molly)
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Legal Document (Payment Possibly Required) 522 Filed: 10/26/2011, Entered: 10/26/2011 Notice of Lodging
NOTICE OF LODGING filed Notice of Lodging [Proposed] Order Regarding Plaintiffs' Motion to Compel Defendant UBS AG'S Production of Documents in Response to Request for Production (Set One) re Discovery Hearing,, [513] (Attachments: # (1) Proposed Order Regarding Plaintiffs' Motion to Compel Defendant UBS AG's Production of Documents in Response to Request for Production (Set One))(Lyons, Jennifer)
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Legal Document (Payment Possibly Required) 521 Filed: 10/20/2011, Entered: 10/21/2011 Order on Ex Parte Application for OrderCourt Filing
MINUTES (IN CHAMBERS): ORDER by Judge Andrew J. Guilford: finding as moot [516] Ex Parte Application for Order to supplement record on summary judgment motion and file supplemental objections. (twdb)
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Legal Document (Payment Possibly Required) 519 Filed: 10/19/2011, Entered: 10/19/2011 (TERMED) Notice of Filing Transcript (G-46)
NOTICE OF FILING TRANSCRIPT filed for proceedings 10-18-11 10:08 a.m. (ha)
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Legal Document (Payment Possibly Required) 518 Filed: 10/19/2011, Entered: 10/19/2011 Transcript (CV)
TRANSCRIPT for proceedings held on 10-18-11 10:00 a.m.. Court Reporter/Electronic Court Recorder: JAMS Certified Transcription, phone number (661) 609-4528. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 11/9/2011. Redacted Transcript Deadline set for 11/19/2011. Release of Transcript Restriction set for 1/17/2012. (ha)
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Legal Document (Payment Possibly Required) 517 Filed: 10/19/2011, Entered: 10/19/2011 Objection/Opposition (Motion related)
Objection re: EX PARTE APPLICATION for Order for Granting The SES Defendants' Ex Parte Application to (1) Supplement the Record on the SES Defendants' Pending Motion for Summary Judgment and (2) File Supplemental Objections to the Declaration of Stephen J EX PARTE APPLICATION for Order for Granting The SES Defendants' Ex Parte Application to (1) Supplement the Record on the SES Defendants' Pending Motion for Summary Judgment and (2) File Supplemental Objections to the Declaration of Stephen J EX PARTE APPLICATION for Order for Granting The SES Defendants' Ex Parte Application to (1) Supplement the Record on the SES Defendants' Pending Motion for Summary Judgment and (2) File Supplemental Objections to the Declaration of Stephen J[516] Objection to the SES DEfendants' Ex Parte Application filed by Plaintiffs Olen Properties Corp., Igor Olenicoff. (Newmeyer, Thomas)
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Legal Document (Payment Possibly Required) 520 Filed: 10/18/2011, Entered: 10/19/2011 Order on Motion for Summary JudgmentCourt Filing
ORDER by Judge Andrew J. Guilford: DENYING SES DEFENDANTS' Motion for Summary Judgment or, in the Alternative, Summary Adjudication [448]. (rla)
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Legal Document (Payment Possibly Required) 516 Filed: 10/18/2011, Entered: 10/18/2011, Terminated: 10/20/2011 Ex Parte Application for Order
EX PARTE APPLICATION for Order for Granting The SES Defendants' Ex Parte Application to (1) Supplement the Record on the SES Defendants' Pending Motion for Summary Judgment and (2) File Supplemental Objections to the Declaration of Stephen Jacoby submitted in Opposition to Motion for Summary Judgment filed by defendant David Eichinger, Michael Storey, Synthesis Energy Systems, Inc., Timothy Vail. (Attachments: # (1) Proposed Order Granting Ex Parte Application, # (2) Declaration of Molly J. Magnuson In Support Of Ex Parte Application)(Magnuson, Molly)
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Legal Document (Payment Possibly Required) 515 Filed: 10/18/2011, Entered: 10/18/2011 Audio Recording Form (AO-436)
COMPACT DISC Order for date of proceedings 10/18/2011 to 10/18/2011 filed by plaintiff Olen Properties Corp.. Order for:. Transcript portion requested: Pre-Trial Proceeding: 10/18/2011. Other: Discovery Conference. (Poulos, Marisa)
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Legal Document (Payment Possibly Required) 514 Filed: 10/18/2011, Entered: 10/18/2011 (TERMED) Transcript Order Form (AO-435)
TRANSCRIPT ORDER for date of proceedings 10/18/2011 to 10/18/2011 as to Defendant UBS AG Court Smart (CS). Order for:. Transcript portion requested: Other: 10/18/2011. Category: Daily. Daily Transcript Order due by 10/19/2011. (Diulio, Kristopher)
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Legal Document (Payment Possibly Required) 513 Filed: 10/18/2011, Entered: 10/18/2011 Discovery HearingCourt Filing
MINUTES OF Discovery Hearing held before Magistrate Judge Robert N. Block:Case called. Counsel make their appearances. After an update from counsel, theCourt goes through the chart prepared by counsel reflecting their current prospective positions and makes its rulings relating to the relevance issue. Plaintiffs counsel will prepare and lodge a proposed order reflecting these rulings that has been approved as to form by defendants counsel. See minute order for more information.Court Recorder: CourtSmart. (twdb)
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Legal Document (Payment Possibly Required) 512 Filed: 10/17/2011, Entered: 10/17/2011 Notice of Change of Attorney Business or Contact Information (G-06)
NOTICE of Change of Attorney Information for attorney Jennifer Catherine Lyons counsel for Plaintiffs Olen Properties Corp., Igor Olenicoff. Adding Jennifer C. Lyons as attorney as counsel of record for Igor Olenicoff, an individual; and Olen Properties Corp., a Florida Corporation for the reason indicated in the G-06 Notice. Filed by Plaintiffs igor Olenicoff, an individual; and Olen Properties Corp., a Florida Corporation (Lyons, Jennifer)
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Legal Document (Payment Possibly Required) 511 Filed: 10/7/2011, Entered: 10/7/2011 Order on Request to Substitute AttorneyCourt Filing
ORDER by Judge Andrew J. Guilford: granting [507] Request to Substitute Attorney Thomas F. Newmeyer for plaintiff Olen Properties Corp. Attorney William J King terminated (twdb)
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Legal Document (Payment Possibly Required) 510 Filed: 10/7/2011, Entered: 10/7/2011 Order on Request to Substitute AttorneyCourt Filing
ORDER by Judge Andrew J. Guilford: granting [508] Request to Substitute Attorney Thomas F. Newmeyer for plaintiff Igor Olenicoff. Attorney William J King terminated (twdb)
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Legal Document (Payment Possibly Required) 509 Filed: 10/4/2011, Entered: 10/6/2011 Motion HearingCourt Filing
MINUTES OF Discovery Hearing held before Magistrate Judge Robert N. Block: Case called. Counsel make their appearances. At the Courts direction, counsel thenmeet and confer further regarding plaintiffs Motion to Compel the Production ofDocuments (filed September 12, 2011). The Court orders counsel toreturn on October 18, 2011 at 10:00 a.m., and to confer further in the meantime in light of the Courts guidance. Meet and Confer Conference set for 10/18/2011 10:00 AM before Magistrate Judge Robert N. Block.Court Recorder: CourtSmart. (twdb)
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Legal Document (Payment Possibly Required) 508 Filed: 10/4/2011, Entered: 10/4/2011, Terminated: 10/7/2011 Request to Substitute or Withdraw Attorney (G-01)
REQUEST to Substitute attorney Thomas F. Newmeyer, A Member of Newmeyer & Dillion LLP in place of attorney William King, A Member of Horizon Law Group LLP filed by Plaintiff Igor Olenicoff. (Attachments: # (1) Order on Request for Approval of Substitution of Attorney)(Newmeyer, Thomas)
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Legal Document (Payment Possibly Required) 507 Filed: 10/4/2011, Entered: 10/4/2011, Terminated: 10/7/2011 Request to Substitute or Withdraw Attorney (G-01)
REQUEST to Substitute attorney Thomas F. Newmeyer, a Member of Newmeyer & Dillion LLP in place of attorney William King, a Member of Horizon Law Group LLP filed by Plaintiff Olen Properties Corp.. (Attachments: # (1) Order on Request for Approval of Substitution of Attorney)(Newmeyer, Thomas)
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Legal Document (Payment Possibly Required) 505 Filed: 9/30/2011, Entered: 9/30/2011 Order on Motion to ContinueCourt Filing
MINUTES (IN CHAMBERS): ORDER by Judge Andrew J. Guilford: Order regarding motion to continue trial and amend scheduling order, re [496] [497]. The Court has carefully considered all oral arguments presented at the September 26,2011 hearing, along with papers filed, and the Courts calendar. The trial date is CONTINUED from February 7, 2012 at 9:00 am to May 8, 2012 at 9:00 am. The pretrial conference is CONTINUED from January 23, 2012 at 8:30 am to April 23, 2012, at 8:30 am. ( Final Pretrial Conference set for 4/23/2012 08:30 AM before Judge Andrew J. Guilford., Jury Trial set for 5/8/2012 09:00 AM before Judge Andrew J. Guilford.); (twdb)
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Legal Document (Payment Possibly Required) 506 Filed: 9/26/2011, Entered: 10/3/2011 Minutes of In Chambers Order/Directive - no proceeding heldCourt Filing
IN CHAMBERS AMENDED MINUTE ORDER by Judge Andrew J. Guilford: The Court has carefully considered all oral arguments presented at the September 26, 2011 hearing, along with papers filed, and the Courts calendar. The trial date is CONTINUED from February 7, 2012 at 9:00 am to May 8, 2012 at 9:00 am. The pretrial conference is CONTINUED from January 23, 2012 at 8:30 am to April 23, 2012, at 8:30 am. Discovery cut-off is CONTINUED to February 8, 2012. (rla)
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Legal Document (Payment Possibly Required) 504 Filed: 9/26/2011, Entered: 9/26/2011 Order on Motion for Summary JudgmentCourt Filing
MINUTES OF Motion Hearing held before Judge Andrew J. Guilford: taking under advisement [448] Motion for Summary Judgment and taking under advisement [497] Ex Parte Application. Counsel argue tentative, a copy of which is attached to this minute order. Matter is taken under submission. Court Reporter: Denise Paddock. (nbo)
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Blank 503 Filed: 9/21/2011, Entered: 9/21/2011 Minutes of In Chambers Order/Directive - no proceeding heldCourt Filing
MINUTE ORDER IN CHAMBERS by Judge Andrew J. Guilford, SETTING SEPTEMBER 26, 2011 HEARING: The Court ORDERS the Parties to appear in Court on September 26, 2011 to orally discuss the pending Motion to Continue Trial and Amend the Scheduling Order. No further briefing is necessary at this time. (rla)
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Blank 502 Filed: 9/21/2011, Entered: 9/21/2011 Joinder (non-motion)
JOINDER filed by Defendants David Eichinger, Michael Storey, Synthesis Energy Systems, Inc., Timothy Vail joining in Objection/Opposition (Motion related)[500]. (Attachments: # (1) Declaration of Molly Magnuson in support)(Magnuson, Molly)
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Blank 500 Filed: 9/19/2011, Entered: 9/19/2011 Objection/Opposition (Motion related)
Opposition in opposition re: EX PARTE APPLICATION to Shorten Time for Hearing to October 3, 2011 on Plaintiffs' Motion to continue trial and amend scheduling order[497] filed by Defendant UBS AG. (Diulio, Kristopher)
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Blank 499 Filed: 9/19/2011, Entered: 9/19/2011 (TERMED) Notice of Filing Transcript (G-46)
NOTICE OF FILING TRANSCRIPT filed for proceedings 9/14/2011 10:10am (ml)
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Legal Document (Payment Possibly Required) 498 Filed: 9/19/2011, Entered: 9/19/2011 Transcript (CV)
TRANSCRIPT for proceedings held on 9/14/2011 10:10am. Court Reporter/Electronic Court Recorder: JAMS Certified Transcription, phone number (661) 609-4528. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 10/10/2011. Redacted Transcript Deadline set for 10/20/2011. Release of Transcript Restriction set for 12/18/2011. (ml)
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Blank 501 Filed: 9/16/2011, Entered: 9/19/2011 Order on Motion for Sanctions on Discovery MattersCourt Filing
MINUTES OF Telephone Conference held before Magistrate Judge Robert N. Block: Case called. Counsel make their appearances telephonically. The Court rules as follows: The Ex Parte Application is denied. The Motion for Discovery Sanctions also is denied without prejudice to its refiling, on regular notice, with respect to the one possible basis for sanctions against plaintiffs counsel identified by the Court for which sanctions pursuant to 28 U.S.C.
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Blank 497 Filed: 9/16/2011, Entered: 9/16/2011, Terminated: 9/30/2011 Ex Parte Application to Shorten Time for Hearing
EX PARTE APPLICATION to Shorten Time for Hearing to October 3, 2011 on Plaintiffs' Motion to continue trial and amend scheduling order filed by Plaintiffs Olen Properties Corp., Igor Olenicoff. (Attachments: # (1) Declaration of Julie Ault in support of exparte, # (2) Declaration of Igor Olenicoff in support of exparte, # (3) Proposed Order granting exparte order to shorten time for hearing on Motion to Continue Trial)(Ault, Julie)
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Legal Document (Payment Possibly Required) 496 Filed: 9/16/2011, Entered: 9/16/2011, Terminated: 9/30/2011 Motion to ContinueCourt Filing
NOTICE OF MOTION AND MOTION to Continue Trial and Amending Scheduling Order filed by plaintiffs Olen Properties Corp., Igor Olenicoff. Motion set for hearing on 10/17/2011 at 10:00 AM before Judge Andrew J. Guilford. (Attachments: # (1) Declaration of Julie Ault in support of Motion to Continue Trial, # (2) Declaration of Frank Quinlan in support of Motion to Continue Trial, # (3) Declaration of Igor Olenicoff in Support of Motion to Continue Trial, # (4) Declaration of Bill King Part 1, # (5) Declaration of Bill King Part 2, # (6) Declaration of Bill King part 3, # (7) Declaration of Bill King part 4, # (8) Declaration of Bill King part 5, # (9) Declaration of Bill King part 6, # (10) Declaration of Bill King part 7, # (11) Declaration of Bill King part 8, # (12) Declaration of Bill King part 9, # (13) Declaration of Bill King part 10)(Ault, Julie)
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Blank 495 Filed: 9/16/2011, Entered: 9/16/2011 Notice of Lodging
NOTICE OF LODGING filed re MEMORANDUM in Opposition to Motion[462] (Poulos, Marisa)
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Blank 494 Filed: 9/16/2011, Entered: 9/16/2011 Notice of Manual Filing (G-92)
NOTICE of Manual Filing filed by Plaintiffs Olen Properties Corp., Igor Olenicoff of Deposition transcripts. (Poulos, Marisa)
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Blank 493 Filed: 9/16/2011, Entered: 9/16/2011 Objection/Opposition (Motion related)
Opposition Opposition re: EX PARTE APPLICATION to Shorten Time for Hearing to September __, 2011 on UBS AG's Motion for Discovery Sanctions and Order to Show Cause[492] filed by Plaintiffs Olen Properties Corp., Igor Olenicoff. (Poulos, Marisa)
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Legal Document (Payment Possibly Required) 492 Filed: 9/15/2011, Entered: 9/15/2011, Terminated: 9/16/2011 Ex Parte Application to Shorten Time for Hearing on Discovery Motions
EX PARTE APPLICATION to Shorten Time for Hearing to September __, 2011 on UBS AG's Motion for Discovery Sanctions and Order to Show Cause filed by defendant UBS AG. (Attachments: # (1) Proposed Order)(Diulio, Kristopher)
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Legal Document (Payment Possibly Required) 491 Filed: 9/15/2011, Entered: 9/15/2011, Terminated: 9/16/2011 Motion for Sanctions on Discovery MatterCourt Filing
NOTICE OF MOTION AND MOTION for Sanctions Plaintiffs filed by defendant UBS AG. Motion set for hearing on 10/11/2011 at 09:30 AM before Magistrate Judge Robert N. Block. (Attachments: # (1) Declaration of Kristopher P. Diulio, # (2) Exhibit A, # (3) Exhibit B, # (4) Exhibit C, # (5) Exhibit D, # (6) Exhibit E, # (7) Exhibit F, # (8) Exhibit G, # (9) Exhibit H, # (10) Exhibit I, # (11) Exhibit J, # (12) Exhibit K, # (13) Exhibit L, # (14) Exhibit M, # (15) Exhibit N, # (16) Exhibit O, # (17) Proposed Order)(Diulio, Kristopher)
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Legal Document (Payment Possibly Required) 490 Filed: 9/14/2011, Entered: 9/15/2011 Discovery HearingCourt Filing
MINUTES OF Discovery Hearing held before Magistrate Judge Robert N. Block:Case called. Counsel make their appearances. With respect to plaintiffs Motion to Quash and Motion for Protective Order Regarding Non-Party Subpoenas (filedSeptember 2, 2011), the Court provides the parties with some guidance for purposes of their further meet and confer session. See minute order for more information. Court Recorder: CourtSmart. (twdb)
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Legal Document (Payment Possibly Required) 488 Filed: 9/13/2011, Entered: 9/13/2011 Reply (Motion related)
REPLY in support of MOTION for Summary Judgment Or, In The Alternative, Summary Adjudication; Memorandum of Points and Authorities in Support Thereof[448] filed by Defendants David Eichinger, Michael Storey, Synthesis Energy Systems, Inc., Timothy Vail. (Attachments: # (1) Declaration of Molly J. Magnuson in Support of Motion with Exhibits 1-5)(Magnuson, Molly)
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Legal Document (Payment Possibly Required) 487 Filed: 9/13/2011, Entered: 9/13/2011 Motion Related Document
RESPONSE TO PLAINTIFFS STATEMENT OF GENUINE ISSUES IN OPPOSITION TO THE SES DEFENDANTS MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION re MOTION for Summary Judgment Or, In The Alternative, Summary Adjudication; Memorandum of Points and Authorities in Support Thereof[448] filed by Defendants David Eichinger, Michael Storey, Synthesis Energy Systems, Inc., Timothy Vail. (Magnuson, Molly)
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Legal Document (Payment Possibly Required) 486 Filed: 9/13/2011, Entered: 9/13/2011 Objection/Opposition (Motion related)
OBJECTIONS To Evidence Offered In Support of Plaintiffs Opposition To The SES Defendants Motion For Summary Judgment or, In The Alternative, Summary Adjudication re: MOTION for Summary Judgment Or, In The Alternative, Summary Adjudication; Memorandum of Points and Authorities in Support Thereof[448] filed by Defendants David Eichinger, Michael Storey, Synthesis Energy Systems, Inc., Timothy Vail. (Magnuson, Molly)
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Blank 485 Filed: 9/13/2011, Entered: 9/13/2011 OrderCourt Filing
ORDER by Magistrate Judge Robert N. Block: The Court, having reviewed and considered Igor Olenicoff, Olen Properties. Corp., and UBS AGs (the Parties) Stipulation to Reschedule Discovery Conference, hereby ORDERS: 1. The Parties Stipulation is hereby GRANTED in its entirety; 2. The discovery conference previously scheduled for September 27, 2011 is hereby MOVED to September 14, 2011 at 10:00 a.m. 3. The Parties are hereby ORDERED to appear on September 14, 2011 at 10:00 a.m. to discuss pending discovery disputes. [483] (klg)
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Blank 483 Filed: 9/13/2011, Entered: 9/13/2011 Stipulation to Reschedule
STIPULATION to Reschedule Discovery Conference filed by Defendant UBS AG. (Attachments: # (1) Proposed Order Granting Stipulation to Reschedule Discovery Conference)(Diulio, Kristopher)
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Legal Document (Payment Possibly Required) 489 Filed: 9/12/2011, Entered: 9/15/2011 Order on Motion for Leave to File DocumentCourt Filing
MINUTES (IN CHAMBERS): ORDER by Judge Andrew J. Guilford: denying [442] Motion for Leave to File counterclaims. The Court DENIES the Motion. This case is already complex, and needs to be moved along to trial under the pleadings established long ago, unless there is a strong showing otherwise. (twdb)
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Blank 484 Filed: 9/12/2011, Entered: 9/13/2011 Motion HearingCourt Filing
MINUTES OF Motion Hearing held before Judge Andrew J. Guilford: Cause is called for hearing and counsel make their appearances. Matter is argued. Motion isDENIED [442]. A separate order denying motion to issue.Court Reporter: Denise Paddock. (twdb)
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Blank 482 Filed: 9/12/2011, Entered: 9/12/2011 Declaration (Motion related)
DECLARATION of Isabelle Romy in opposition to MOTION to Compel Production of Documents[478] of UBS AG filed by Defendant UBS AG. (King, William)
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Blank 481 Filed: 9/12/2011, Entered: 9/12/2011 Declaration (Motion related)
DECLARATION of Britta Delmas in opposition to MOTION to Compel Production of Documents[478] of UBS AG filed by Defendant UBS AG. (King, William)
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Blank 480 Filed: 9/12/2011, Entered: 9/12/2011 Declaration (Motion related)
DECLARATION of Kristopher P. Diulio in opposition to MOTION to Compel Production of Documents[478] of UBS AG filed by Defendant UBS AG. (Attachments: # (1) Exhibit Exh. A, # (2) Exhibit Exh. B, # (3) Exhibit Exh. DPA)(King, William)
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Blank 479 Filed: 9/12/2011, Entered: 9/12/2011 Declaration (Motion related)
DECLARATION of William J. King in support of MOTION to Compel Production of Documents[478] of UBS AG filed by Plaintiff Igor Olenicoff. (Attachments: # (1) Exhibit Exhs. A - E, # (2) Exhibit Exh. F, # (3) Exhibit Exhs. G - J, # (4) Exhibit Exh. K)(King, William)
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Legal Document (Payment Possibly Required) 478 Filed: 9/12/2011, Entered: 9/12/2011, Terminated: 10/27/2011 Motion to CompelCourt Filing
NOTICE OF MOTION AND MOTION to Compel Production of Documents filed by Plaintiff Igor Olenicoff. Motion set for hearing on 10/4/2011 at 09:30 AM before Magistrate Judge Robert N. Block. (Attachments: # (1) King wet ink signature, # (2) diulio wet ink signature)(King, William)
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Blank 477 Filed: 9/9/2011, Entered: 9/9/2011 Order on Request for DiscoveryCourt Filing
ORDER by Magistrate Judge Robert N. Block: granting [473] Request for Discovery. After review and consideration of the papers and evidence presented by the parties, the Court finds that good cause exists to grant and order the following stipulation regarding deposition limitations under Fed.R.Civ.Pro
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Legal Document (Payment Possibly Required) 476 Filed: 9/7/2011, Entered: 9/7/2011 Declaration (Motion related)
DECLARATION of William J. King In Opposition to MOTION for Summary Judgment Or, In The Alternative, Summary Adjudication; Memorandum of Points and Authorities in Support Thereof[448] RE Technical Issues in Filing Opposition filed by Plaintiffs Olen Properties Corp., Igor Olenicoff. (King, William)
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Legal Document (Payment Possibly Required) 475 Filed: 9/7/2011, Entered: 9/7/2011 Declaration (Motion related)
DECLARATION of William J. King in opposition to MOTION for Summary Judgment Or, In The Alternative, Summary Adjudication; Memorandum of Points and Authorities in Support Thereof[448] Part 3 of 3 re Opposition filed by Plaintiff Igor Olenicoff. (King, William)
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Legal Document (Payment Possibly Required) 474 Filed: 9/7/2011, Entered: 9/7/2011 Declaration (Motion related)
DECLARATION of William J. King in opposition to MOTION for Summary Judgment Or, In The Alternative, Summary Adjudication; Memorandum of Points and Authorities in Support Thereof[448] Part 2 of 3 re Opposition filed by Plaintiff Igor Olenicoff. (King, William)
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Legal Document (Payment Possibly Required) 473 Filed: 9/7/2011, Entered: 9/7/2011, Terminated: 9/9/2011 Request for Discovery
Joint REQUEST for Discovery regarding Stipulation to Exceed Deposition Limitations and Executed Stipulation filed by Plaintiffs Olen Properties Corp., Igor Olenicoff. (Attachments: # (1) Proposed Order)(Ault, Julie)
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Legal Document (Payment Possibly Required) 472 Filed: 9/7/2011, Entered: 9/7/2011 Declaration (Motion related)
DECLARATION of William J. King in opposition to MOTION for Summary Judgment Or, In The Alternative, Summary Adjudication; Memorandum of Points and Authorities in Support Thereof[448] re Opposition filed by Plaintiff Igor Olenicoff. (King, William)
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Legal Document (Payment Possibly Required) 471 Filed: 9/7/2011, Entered: 9/7/2011 Exhibit
EXHIBIT S and T through CC to MOTION for Summary Judgment Or, In The Alternative, Summary Adjudication; Memorandum of Points and Authorities in Support Thereof[448] re Declaration of Jeffrey Gottfredson re Opposition filed by Plaintiff Igor Olenicoff. (Attachments: # (1) Exhibit Exhs. T - CC)(King, William)
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Legal Document (Payment Possibly Required) 470 Filed: 9/7/2011, Entered: 9/7/2011 Exhibit
EXHIBIT 0 THROUGH R to MOTION for Summary Judgment Or, In The Alternative, Summary Adjudication; Memorandum of Points and Authorities in Support Thereof[448] re Declaration of Jeffrey Gottfredson re Opposition filed by Plaintiff Igor Olenicoff. (King, William)
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Legal Document (Payment Possibly Required) 469 Filed: 9/7/2011, Entered: 9/7/2011 Notice of Change of Attorney Business or Contact Information (G-06)
NOTICE of Change of Attorney Information for attorney Jessica A Boschee counsel for Defendant UBS AG.Jessica A. Boschee is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by Defendant UBS, AG (Boschee, Jessica)
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Legal Document (Payment Possibly Required) 468 Filed: 9/7/2011, Entered: 9/7/2011 Exhibit
EXHIBIT N to MOTION for Summary Judgment Or, In The Alternative, Summary Adjudication; Memorandum of Points and Authorities in Support Thereof[448] re Declaration of Jeffrey Gottfredson re Opposition filed by Plaintiff Igor Olenicoff. (King, William)
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Legal Document (Payment Possibly Required) 467 Filed: 9/7/2011, Entered: 9/7/2011 Exhibit
EXHIBIT F through M to MOTION for Summary Judgment Or, In The Alternative, Summary Adjudication; Memorandum of Points and Authorities in Support Thereof[448] re Declaration of Jeffrey Gottfredson re Opposition filed by Plaintiff Igor Olenicoff. (King, William)
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Legal Document (Payment Possibly Required) 466 Filed: 9/7/2011, Entered: 9/7/2011 Exhibit
EXHIBIT Exhs. D and E to MOTION for Summary Judgment Or, In The Alternative, Summary Adjudication; Memorandum of Points and Authorities in Support Thereof[448] re Declaration of Jeffrey Gottfredson re Opposition filed by Plaintiff Igor Olenicoff. (Attachments: # (1) Exhibit Exh. E)(King, William)
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Legal Document (Payment Possibly Required) 465 Filed: 9/7/2011, Entered: 9/7/2011 Exhibit
EXHIBIT A - C to MOTION for Summary Judgment Or, In The Alternative, Summary Adjudication; Memorandum of Points and Authorities in Support Thereof[448] re Declaration of Jeffrey Gottfredson re Opposition filed by Plaintiff Igor Olenicoff. (King, William)
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Legal Document (Payment Possibly Required) 464 Filed: 9/7/2011, Entered: 9/7/2011 Declaration (Motion related)
DECLARATION of Jeffrey Gottfredson in opposition to MOTION for Summary Judgment Or, In The Alternative, Summary Adjudication; Memorandum of Points and Authorities in Support Thereof[448] filed by Plaintiff Igor Olenicoff. (King, William)
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Legal Document (Payment Possibly Required) 463 Filed: 9/7/2011, Entered: 9/7/2011 Statement (Motion related)
STATEMENT of Response to Separate Statement and Separate Statement MOTION for Summary Judgment Or, In The Alternative, Summary Adjudication; Memorandum of Points and Authorities in Support Thereof[448] filed by Plaintiff Igor Olenicoff. (King, William)
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Legal Document (Payment Possibly Required) 462 Filed: 9/7/2011, Entered: 9/7/2011 MEMORANDUM in Opposition to Motion
MEMORANDUM in Opposition to SES Defendants' Motion for Summary Judgment filed by Plaintiffs Olen Properties Corp., Igor Olenicoff. (King, William)
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Legal Document (Payment Possibly Required) 461 Filed: 9/7/2011, Entered: 9/7/2011 Declaration (Motion related)
DECLARATION of Stephen Jacoby in opposition to MOTION for Summary Judgment Or, In The Alternative, Summary Adjudication; Memorandum of Points and Authorities in Support Thereof[448] filed by Plaintiff Igor Olenicoff. (King, William)
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Legal Document (Payment Possibly Required) 460 Filed: 9/7/2011, Entered: 9/7/2011 Declaration (Motion related)
DECLARATION of Igor Olenicoff in opposition to MOTION for Summary Judgment Or, In The Alternative, Summary Adjudication; Memorandum of Points and Authorities in Support Thereof[448] filed by Plaintiff Igor Olenicoff. (King, William)
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Legal Document (Payment Possibly Required) 459 Filed: 9/7/2011, Entered: 9/7/2011 Objection/Opposition (Motion related)
to the SES Defendants' Motion for Summary Judgment Opposition re: MOTION for Summary Judgment Or, In The Alternative, Summary Adjudication; Memorandum of Points and Authorities in Support Thereof[448] filed by Plaintiff Igor Olenicoff. (King, William)
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Blank 458 Filed: 9/6/2011, Entered: 9/6/2011 Minutes of In Chambers Order/Directive - no proceeding heldCourt Filing
MINUTE ORDER IN CHAMBERS by Magistrate Judge Robert N. Block: re: Stipulation for Discovery [456]. The parties are advised that the Court declines to approve the foregoing stipulation because it does not comply with the requirement of the Court's August 16, 2011 Minute Order that such stipulation bear each counsel's signature. Given the problem that arose the last time plaintiffs' counsel filed a document with "/s/- name" signatures for defense counsel, that method of electronic signature will no longer be acceptable to the Court for any stipulation relating to discovery filed in this action. Rather, every such stipulation will need to bear personalized signatures. (wr)
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Blank 457 Filed: 9/6/2011, Entered: 9/6/2011 Order on Motion to Quash SubpoenaCourt Filing
MINUTES (IN CHAMBERS): ORDER by Magistrate Judge Robert N. Block: denying [455] Motion to Quash Subpoena. The foregoing Motion is ordered off calendar and denied on account of plaintiffs' failure to present it in the form of a Joint Stipulation, as required by Local Rule 37-2. (See document for details). Lead counsel for plaintiffs and UBS AG are ordered to appear before the Court for that purpose on September 27, 2011 at 9:30 a.m. The Court encourages counsel to confer in advance of September 27, 2011 to either hopefully resolve their dispute and obviate the need for the discovery conference or facilitate the accomplishment of the purpose of the conference. (wr)
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Blank 456 Filed: 9/2/2011, Entered: 9/2/2011 Stipulation for Discovery
STIPULATION for Discovery as to Enlarging depositions filed by Plaintiffs Olen Properties Corp., Igor Olenicoff. (Attachments: # (1) Proposed Order)(Poulos, Marisa)
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Blank 455 Filed: 9/2/2011, Entered: 9/2/2011, Terminated: 9/6/2011 Motion to Quash SubpoenaCourt Filing
NOTICE OF MOTION AND MOTION to Quash Subpoena for Documents filed by Plaintiffs Olen Properties Corp., Igor Olenicoff. Motion set for hearing on 10/11/2011 at 09:30 AM before Magistrate Judge Robert N. Block. (Attachments: # (1) Declaration of Marisa D. Poulos, # (2) Proposed Order)(Poulos, Marisa)
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Blank 454 Filed: 8/31/2011, Entered: 8/31/2011 Reply (Motion related)
REPLY IN SUPPORT OF MOTION for Leave to file Counterclaims[442] filed by Defendants GM Capital Partners, LTD., Robert Knight, Knight Financial, LTD, James Alexander Michie. (Sanders, Justin)
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Blank 453 Filed: 8/26/2011, Entered: 8/26/2011 OrderCourt Filing
ORDER by Judge Andrew J. Guilford Granting Joint Stipulation to Continue Hearing and Briefing Schedule on the SES Defendants' Motion for Summary Judgment or, in the alternative, Summary Adjudication. The hearing on the SES Defendants Motion for Summary Judgment or, in the Alternative, Summary Adjudication (the Motion) shall be continued to September 26, 2011, at 10:00 a.m.; Plaintiffs shall file and serve their Opposition to the Motion by September 6, 2011; and The SES Defendants shall file and serve their Reply in support of the Motion by September 13, 2011. No further continuances will be granted without a further showing of good cause. (db)
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Blank 452 Filed: 8/25/2011, Entered: 8/25/2011 Stipulation to Continue
Joint STIPULATION to Continue Hearing and Briefing Schedule On The SES Defendants' Motion For Summary Judgment Or, In The Alternative, Summary Adjudication from September 12, 2011 to September 16, 2011 filed by defendants David Eichinger, Michael Storey, Synthesis Energy Systems, Inc., Timothy Vail. (Attachments: # (1) Proposed Order)(Magnuson, Molly)
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Blank 451 Filed: 8/22/2011, Entered: 8/22/2011 MEMORANDUM in Opposition to Motion
MEMORANDUM in Opposition to MOTION for Leave to file Counterclaims[442] filed by Plaintiffs Olen Properties Corp., Igor Olenicoff. (Attachments: # (1) Declaration Declaration of William King in Support of Opposition to Motion For Leave to File Counter Claim)(Ault, Julie)
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Blank 449 Filed: 8/16/2011, Entered: 8/16/2011 Order on Motion to StrikeCourt Filing
MINUTES (IN CHAMBERS): ORDER by Magistrate Judge Robert N. Block: DENYING Defendant UBS AG's Motion to Strike Stipulation [447]: The foregoing Motion is ordered off calendar and denied for the following reasons: (See document for details.) The Court notes that, under the terms of the District Judges Amended Scheduling Order, the last date to commence depositions is November 7, 2011. Unless the parties are able to reach an agreement on the number of depositions to be taken by each side prior to September 6, 2011 and lodge a stipulation and proposed order reflecting their agreement prior to that date that bears each counsel's signature, lead counsel of record for each party is ordered to appear before the Court in person on that date, at 1:30 p.m., for the purpose of meeting and conferring under the Court's auspices. (rla)
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Legal Document (Payment Possibly Required) 448 Filed: 8/15/2011, Entered: 8/15/2011, Terminated: 10/18/2011 Motion for Summary JudgmentCourt Filing
NOTICE OF MOTION AND MOTION for Summary Judgment Or, In The Alternative, Summary Adjudication; Memorandum of Points and Authorities in Support Thereof filed by defendants David Eichinger, Michael Storey, Synthesis Energy Systems, Inc., Timothy Vail. Motion set for hearing on 9/12/2011 at 10:00 AM before Judge Andrew J. Guilford. (Attachments: # (1) Statement of Uncontroverted Facts and Conclusions of Law in Support of Motion, # (2) Declaration of David Eichinger in Support of Motion, # (3) Declaration of Molly J. Magnuson in Support of Motion with Exhibit 1, # (4) Declaration Declaration of Robert Reedy in Support of Motion, # (5) Declaration of Michael Storey in Support of Motion, # (6) Declaration of Timothy Vail in Support of Motion with Exhibits 1-2, # (7) Request for Judicial Notice, # (8) Proposed Order)(Magnuson, Molly)
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Legal Document (Payment Possibly Required) 447 Filed: 8/10/2011, Entered: 8/10/2011, Terminated: 8/16/2011 Motion to StrikeCourt Filing
NOTICE OF MOTION AND MOTION to Strike Stipulation for Order[444] Filed Without Authorization filed by defendant UBS AG. Motion set for hearing on 9/12/2011 at 10:00 AM before Judge Andrew J. Guilford. (Attachments: # (1) Declaration of Kristopher P. Diulio, # (2) Declaration of Molly J. Magnuson, # (3) Declaration of Douglas J. Rovens, # (4) Declaration of Justin H. Sanders)(Diulio, Kristopher)
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Blank 446 Filed: 8/10/2011, Entered: 8/10/2011 Notice of Change of Attorney Business or Contact Information (G-06)
NOTICE of Change of Attorney Information for attorney Lauren A Eber counsel for Defendant UBS AG. Adding Lauren A. Eber as attorney as counsel of record for UBS AG for the reason indicated in the G-06 Notice. Filed by Defendant UBS AG (Eber, Lauren)
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Blank 450 Filed: 8/9/2011, Entered: 8/16/2011 OrderCourt Filing
ORDER by Magistrate Judge Robert N. Block, re Stipulation for Order [444]. DENIED (twdb)
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Blank 444 Filed: 8/8/2011, Entered: 8/8/2011 Stipulation for Order
STIPULATION for Order To Exceed Deposition Limitations pursuant to FRCP 30(a)(2) and 30(d)(1) filed by Plaintiffs Olen Properties Corp., Igor Olenicoff. (Attachments: # (1) Proposed Order)(Poulos, Marisa)
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Legal Document (Payment Possibly Required) 443 Filed: 8/5/2011, Entered: 8/5/2011 Order on Motion for Reconsideration of Discovery MatterCourt Filing
ORDER by Judge Andrew J. Guilford: denying [438] Motion for Reconsideration. The Court finds no adequate reason to overturn the informed and experienced decision of Magistrate Judge Block. The Motion is DENIED. (twdb)
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Legal Document (Payment Possibly Required) 442 Filed: 8/3/2011, Entered: 8/3/2011, Terminated: 9/12/2011 Motion for Leave to File DocumentCourt Filing
NOTICE OF MOTION AND MOTION for Leave to file Counterclaims filed by Defendants GM Capital Partners, LTD., Robert Knight, Knight Financial, LTD, James Alexander Michie. Motion set for hearing on 9/12/2011 at 10:00 AM before Judge Andrew J. Guilford. (Attachments: # (1) Exhibit Proposed Counterclaims, # (2) Proposed Order)(Sanders, Justin)
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Legal Document (Payment Possibly Required) 441 Filed: 8/3/2011, Entered: 8/3/2011 Notice of Change of Address
NOTICE of Change of firm name and address by Justin H Sanders attorney for Defendants GM Capital Partners, LTD., Robert Knight, Knight Financial, LTD, James Alexander Michie. Changing firm name to Sanders Roberts LLP and address to 355 South Grand Ave., Suite 2450, Los Angeles, CA 90071. Filed by Defendants GM Capital Partners, LTD., Robert Knight, Knight Financial, LTD, James Alexander Michie. (Sanders, Justin)
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Legal Document (Payment Possibly Required) 445 Filed: 8/1/2011, Entered: 8/8/2011 Motion HearingCourt Filing
MINUTES OF Motion Hearing held before Judge Andrew J. Guilford: Motion for reconsideration of the District Court of Magistrate Judge's Ruling. Court's tentative ruling issued to counsel before case called. Case called. Hearing held. Court rules in accordance with the tentative ruling and denies motion for reconsideration. Production of tax returns shall be done within twenty-one days from today's date.Court Reporter: Denise Paddock. (twdb)
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Legal Document (Payment Possibly Required) 440 Filed: 7/25/2011, Entered: 7/25/2011 Reply (Motion related)Court Filing
REPLY in support of MOTION for Reconsideration by the District Court of the Magistrate Judge's Ruling[438] filed by Plaintiffs Olen Properties Corp., Igor Olenicoff. (Poulos, Marisa)
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Legal Document (Payment Possibly Required) 439 Filed: 7/11/2011, Entered: 7/11/2011 Objection/Opposition (Motion related)Court Filing
OPPOSITION IN OPPOSITION TO re: MOTION for Reconsideration by the District Court of the Magistrate Judge's Ruling[438] filed by Defendant UBS AG. (Attachments: # (1) Declaration of Kristopher P. Diulio, # (2) Exhibit A, # (3) Exhibit B, # (4) Exhibit C, # (5) Exhibit D)(Kitchens, Dean)
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Legal Document (Payment Possibly Required) 438 Filed: 6/28/2011, Entered: 6/28/2011, Terminated: 8/5/2011 Motion for Reconsideration of Discovery MatterCourt Filing
NOTICE OF MOTION AND MOTION for Reconsideration by the District Court of the Magistrate Judge's Ruling filed by Plaintiffs Igor Olenicoff. Motion set for hearing on 8/1/2011 at 10:00 AM before Judge Andrew J. Guilford. (Attachments: # (1) Declaration of William J. King, # (2) Proposed Order)(Poulos, Marisa)
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Legal Document (Payment Possibly Required) 437 Filed: 6/14/2011, Entered: 6/15/2011 Motion HearingCourt Filing
MINUTES of (Law and Motion Calendar) Motion Hearing regarding Defendant UBS AGs Motion to Compel the Production of Documents and Interrogatory Responses, filed May 23, 2011 held before Magistrate Judge Robert N. Block: Case called. Counsel make their appearances. After affording counsel the opportunityto be heard on the tentative ruling (see attached), the Court rules as follows:(see attached document for further details) [413] Court Reporter: C/S 6/14/11. (Attachments: # (1) tentative) (klg) Modified on 2/6/2012 (klg).
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Legal Document (Payment Possibly Required) 436 Filed: 6/7/2011, Entered: 6/7/2011 Notice of Deficiency - Default/Default Judgment (CV-52b)
NOTICE OF DEFICIENCY Re: REQUEST for Clerk to Enter Default against defendant Jur. Klaus Biedermann[423], REQUEST for Clerk to Enter Default against defendant Scott Macaw[425], REQUEST for Clerk to Enter Default against defendant New Haven Trust Company Limited[422], REQUEST for Clerk to Enter Default against defendant Mario Staggl[424]. The Clerk cannot enter the requested relief as (See document for details.). (rla)
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Legal Document (Payment Possibly Required) 435 Filed: 6/2/2011, Entered: 6/6/2011 Sealed Document
UNDER SEAL DOCUMENT (rla)
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Legal Document (Payment Possibly Required) 433 Filed: 6/2/2011, Entered: 6/6/2011 Order on Application to Seal (document)Court Filing
MINUTES (IN CHAMBERS): ORDER by Magistrate Judge Robert N. Block: granting [430] Application to Seal Pursuant to LR 79-5, lodged 6/1/11. Plaintiffs' Application to file under seal exhibit 4 which defendant UBS AG sought to be filed in support of its Joint Stipulation Regarding its Motion to Compel Production of Documents and Responses to Interrogatories from Plaintiffs is hereby granted on the following ground only. Plaintiffs' counsel has represented that the documents included in this Exhibit contain the private information of third party individuals not part of this lawsuit. (twdb)
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Legal Document (Payment Possibly Required) 432 Filed: 6/2/2011, Entered: 6/6/2011 Proof of Service (subsequent documents)
PROOF OF SERVICE filed by plaintiffs Olen Properties Corp., Igor Olenicoff, re APPLICATION to Seal[430], Declaration (Motion related)[431] served on 6/1/11. (twdb)
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Legal Document (Payment Possibly Required) 431 Filed: 6/2/2011, Entered: 6/6/2011 Declaration (Motion related)
DECLARATION of Marisa D. Poulos in support of APPLICATION to file under Seal pursuant to LR 79-5 [430] filed by Plaintiffs Olen Properties Corp., Igor Olenicoff. (twdb)
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Legal Document (Payment Possibly Required) 430 Filed: 6/2/2011, Entered: 6/6/2011 Application to Seal
APPLICATION to File Under Seal Defendant UBS AG's Exhibit 4 filed by plaintiffs Olen Properties Corp., Igor Olenicoff. (twdb)
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Legal Document (Payment Possibly Required) 425 Filed: 6/2/2011, Entered: 6/2/2011, Terminated: 6/7/2011 Request for Clerk to Enter Default
REQUEST for Clerk to Enter Default against defendant Scott Macaw filed by Plaintiff Igor Olenicoff. (Attachments: # (1) Declaration of Marisa D. Poulos)(Poulos, Marisa)
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Legal Document (Payment Possibly Required) 424 Filed: 6/2/2011, Entered: 6/2/2011, Terminated: 6/7/2011 Request for Clerk to Enter Default
REQUEST for Clerk to Enter Default against defendant Mario Staggl filed by Plaintiff Igor Olenicoff. (Attachments: # (1) Declaration of Marisa D. Poulos)(Poulos, Marisa)
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Legal Document (Payment Possibly Required) 423 Filed: 6/2/2011, Entered: 6/2/2011, Terminated: 6/7/2011 Request for Clerk to Enter Default
REQUEST for Clerk to Enter Default against defendant Jur. Klaus Biedermann filed by Plaintiff Igor Olenicoff. (Attachments: # (1) Declaration of Marisa D. Poulos)(Poulos, Marisa)
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Legal Document (Payment Possibly Required) 422 Filed: 6/2/2011, Entered: 6/2/2011, Terminated: 6/7/2011 Request for Clerk to Enter Default
REQUEST for Clerk to Enter Default against defendant New Haven Trust Company Limited filed by Plaintiff Igor Olenicoff. (Attachments: # (1) Declaration of Marisa D.Poulos)(Poulos, Marisa)
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Legal Document (Payment Possibly Required) 421 Filed: 6/1/2011, Entered: 6/1/2011 Notice of Manual Filing (G-92)
NOTICE of Manual Filing filed by Plaintiff Igor Olenicoff of Notice of Application and Application to File Under Seal, Decl. of Marisa D. Poulos, [Proposed] Order. (Poulos, Marisa)
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Legal Document (Payment Possibly Required) 434 Filed: 5/31/2011, Entered: 6/6/2011 Sealed Document
UNDER SEAL DOCUMENT (Attachments: # (1) part 2, # (2) part 3, # (3) part 4)(rla)
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Legal Document (Payment Possibly Required) 429 Filed: 5/31/2011, Entered: 6/2/2011 Proof of Service (subsequent documents)
PROOF OF SERVICE filed by plaintiffs Olen Properties Corp., Igor Olenicoff, re Declaration (non-motion)[428], Notice and Application to File Under Seal [427], (Proposed)Order; served on 5/24/11. (rla)
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Legal Document (Payment Possibly Required) 428 Filed: 5/31/2011, Entered: 6/2/2011 Declaration
DECLARATION of Julie A. Ault in support of Plaintiffs' Notice and Application to file under seal pursuant to L.R. 79-5 [427] filed by Plaintiffs Olen Properties Corp., Igor Olenicoff. (klg)
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Legal Document (Payment Possibly Required) 427 Filed: 5/31/2011, Entered: 6/2/2011 Notice (Other)
NOTICE and Application to file under seal pursuant to L.R. 79-5 filed by Plaintiff Olen Properties Corp., Igor Olenicoff. (klg)
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Legal Document (Payment Possibly Required) 426 Filed: 5/31/2011, Entered: 6/2/2011 Minutes of In Chambers Order/Directive - no proceeding heldCourt Filing
MINUTE ORDER (IN CHAMBERS) by Magistrate Judge Robert N. Block regarding Plaintiff's Application to Seal Documents Pursuant to L.R. 79-5 [414]: Plaintiffs' Application to Seal Exhibits E through BB which Defendant UBS AG sought to be filed in support of its Joint Stipulation Regarding its Motion to Compel Production of Documents and Responses to Interrogatories from Plaintiffs is hereby granted on the following ground only. Plaintiffs' counsel has represented that these documents contain plaintiffs' proprietary information and the private information of third party individuals not part of this lawsuit. (klg)
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Legal Document (Payment Possibly Required) 420 Filed: 5/31/2011, Entered: 5/31/2011 Supplement(Motion related)
SUPPLEMENT to MOTION to Compel Answers to Interrogatories of Igor Olenicoff and Olen Properties Corp. and to Compel Production of Documents[413] filed by Plaintiff Igor Olenicoff. (King, William)
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Legal Document (Payment Possibly Required) 419 Filed: 5/31/2011, Entered: 5/31/2011 Declaration (Motion related)
DECLARATION of Kristopher P. Diulio in support of MOTION to Compel Answers to Interrogatories of Igor Olenicoff and Olen Properties Corp. and to Compel Production of Documents[413] filed by Defendant UBS AG. (Attachments: # (1) Exhibit 1 - 3)(Kitchens, Dean)
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Legal Document (Payment Possibly Required) 418 Filed: 5/31/2011, Entered: 5/31/2011 Supplement(Motion related)
SUPPLEMENT to MOTION to Compel Answers to Interrogatories of Igor Olenicoff and Olen Properties Corp. and to Compel Production of Documents[413] filed by Defendant UBS AG. (Kitchens, Dean)
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Legal Document (Payment Possibly Required) 417 Filed: 5/31/2011, Entered: 5/31/2011 Notice of Deficiency in Electronically Filed Documents (G-112A)
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION to Seal[414]. The following error(s) was found: Incorrect event selected. The correct event is: Motion Seal (Document). In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (db)
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Legal Document (Payment Possibly Required) 416 Filed: 5/25/2011, Entered: 5/26/2011 Minutes of In Chambers Order/Directive - no proceeding heldCourt Filing
MINUTE ORDER IN CHAMBERS by Magistrate Judge Robert N. Block: re: MOTION to Compel Answers [413]. For purposes of their Supplemental Memoranda (which are due to be filed on May 31, 2011), the Court has decided to provide the parties with the following comments and guidance. (twdb)
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Legal Document (Payment Possibly Required) 415 Filed: 5/24/2011, Entered: 5/24/2011 Notice of Manual Filing (G-92)
NOTICE of Manual Filing filed by Plaintiff Igor Olenicoff of Notice of Application and Application to FIle Under Seal and supporting documents. (Poulos, Marisa)
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Legal Document (Payment Possibly Required) 414 Filed: 5/24/2011, Entered: 5/24/2011, Terminated: 5/31/2011 Motion to Seal Document
NOTICE of Manual Filing filed by Plaintiff Igor Olenicoff of Notice and Application to File Under Seal. (Attachments: # (1) Declaration of Julie A. Ault, # (2) Proposed Order)(Poulos, Marisa) Modified on 5/31/2011 (db).
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Legal Document (Payment Possibly Required) 413 Filed: 5/23/2011, Entered: 5/23/2011, Terminated: 6/14/2011 Motion to Compel Answers to InterrogatoriesCourt Filing
NOTICE OF MOTION AND MOTION to Compel Answers to Interrogatories of Igor Olenicoff and Olen Properties Corp. and to Compel Production of Documents filed by Defendant UBS AG. Motion set for hearing on 6/14/2011 at 09:30 AM before Magistrate Judge Robert N. Block. (Attachments: # (1) Memorandum Joint Stipulation, # (2) Declaration Kristopher P. Diulio, # (3) Exhibit A-D, # (4) Proposed Order)(Kitchens, Dean)
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Legal Document (Payment Possibly Required) 412 Filed: 5/20/2011, Entered: 5/20/2011 Notice of Change of Attorney Business or Contact Information (G-06)
NOTICE of Change of Attorney Information for attorney Julie Ann Ault counsel for Plaintiff Igor Olenicoff. John R. Marshall will no longer receive service of documents from the Clerks Office for the reason indicated in the G-06 Notice.John R. Marshall is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by Plaintiff Igor Olenicoff and Olen Properties Corp. (Ault, Julie)
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Legal Document (Payment Possibly Required) 411 Filed: 5/20/2011, Entered: 5/20/2011 Notice of Change of Attorney Business or Contact Information (G-06)
NOTICE of Change of Attorney Information for attorney Marisa D Poulos counsel for Plaintiff Igor Olenicoff. Adding Marisa D. Poulos as attorney as counsel of record for Igor Olenicoff and Olen Properties Corp. for the reason indicated in the G-06 Notice. Filed by Plaintiff Igor Olenicoff and Olen Properties Corp. (Poulos, Marisa)
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Legal Document (Payment Possibly Required) 410 Filed: 4/28/2011, Entered: 4/28/2011 Notice of Deficiency in Electronically Filed Documents (G-112A)
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document[409]. The following error(s) was found: Incorrect event selected.Proposed Document was not submitted as a separate attachment. The correct event is: Motion Substitution of Attorney. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (db)
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Legal Document (Payment Possibly Required) 409 Filed: 4/27/2011, Entered: 4/27/2011 Miscellaneous Document
Substitution of Attorney (Lamb, Steven)
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Legal Document (Payment Possibly Required) 408 Filed: 3/14/2011, Entered: 3/16/2011 Order Dismissing CaseCourt Filing
ORDER OF DISMISSAL by Judge Andrew J. Guilford, re REQUEST to Dismiss Defendants Paul Buchel, Stephan Laternser, Neue Bank, AG, Jost Pilgrim, Georg Vogt, Arnold Wille, Hermann Wille, Willi Wolfinger[404] IT IS HEREBY ORDERED THAT: All claims against each of the Neue Bank Defendants in the above-captioned action are dismissed with prejudice; Each party shall bear its own attorneys' fees, costs, and expenses; and This Court shall and hereby does retain jurisdiction to enforce the terms of the Settlement Agreement reached between the parties, and to resolve any and all disputes arising under or relating to this Settlement Agreement. (rla)
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Legal Document (Payment Possibly Required) 407 Filed: 3/11/2011, Entered: 3/11/2011 (TERMED) Notice of Filing Transcript (G-46)
NOTICE OF FILING TRANSCRIPT filed for proceedings 110909 DCCD GUILFORD CR 10C OLENICOFF G46 www.pacertranscripts.com (Paddock, Denise)
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Legal Document (Payment Possibly Required) 406 Filed: 3/11/2011, Entered: 3/11/2011 (TERMED) Notice of Filing Transcript (G-46)
NOTICE OF FILING TRANSCRIPT filed for proceedings 062110 DCCD GUILFORD CR 10D OLENICOFF G46 www.pacertranscripts.com (Paddock, Denise)
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Legal Document (Payment Possibly Required) 405 Filed: 2/28/2011, Entered: 2/28/2011 Notice of Deficiency in Electronically Filed Documents (G-112A)
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: REQUEST to Dismiss Defendants Paul Buchel, Stephan Laternser, Neue Bank, AG, Jost Pilgrim, Georg Vogt, Arnold Wille, Hermann Wille, Willi Wolfinger[404]. The following error(s) was found: Incorrect event selected. The correct event is: Stipulation. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (db)
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Legal Document (Payment Possibly Required) 404 Filed: 2/25/2011, Entered: 2/25/2011, Terminated: 2/25/2011 Request to Dismiss Party
REQUEST to Dismiss Defendants Paul Buchel, Stephan Laternser, Neue Bank, AG, Jost Pilgrim, Georg Vogt, Arnold Wille, Hermann Wille, Willi Wolfinger filed by Plaintiffs Igor Olenicoff, Olen Properties Corp.. (Attachments: # (1) Proposed Order Proposed Order of Dismissal)(Ault, Julie)
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Blank 403 Filed: 12/10/2010, Entered: 12/10/2010 Notice of Appearance
NOTICE of Appearance filed by attorney John D Cline on behalf of Defendant Bradley Birkenfeld (Cline, John)
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Legal Document (Payment Possibly Required) 401 Filed: 11/15/2010, Entered: 11/16/2010 Notice of Document Discrepancies - GrantingCourt Filing
NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Andrew J. Guilford ordering Answer and Affirmative Defenses of Defendant Bradley Birkenfeld to Third Amended Complaint, submitted by Defendant Bradley Birkenfeld and received on 11/10/10, to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk. (dro)
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Legal Document (Payment Possibly Required) 402 Filed: 11/10/2010, Entered: 11/16/2010 Answer
ANSWER AND AFFIRMATIVE DEFENSES of Defendant Bradley Birkenfeld to Third Amended Complaint, filed by defendant Bradley Birkenfeld. (dro)
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Blank 400 Filed: 11/10/2010, Entered: 11/10/2010 Protective OrderCourt Filing
ORDER RE CONFIDENTIAL AND PROPRIETARY INFORMATION by Magistrate Judge Robert N. Block re Stipulation for Protective Order [399] : (See Order for complete details). (wr)
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Legal Document (Payment Possibly Required) 399 Filed: 11/9/2010, Entered: 11/9/2010 Stipulation for Protective Order
STIPULATION for Protective Order filed by Plaintiff Olen Properties Corp.. (Attachments: # (1) Proposed Order)(Marshall, John)
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Legal Document (Payment Possibly Required) 397 Filed: 10/26/2010, Entered: 10/26/2010 Notice of Deficiency in Electronically Filed Documents (G-112A)
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document[396]. The following error(s) was found: Incorrect category selected. Correct category to be used is: Stipulations and Incorrect event selected. The correct event is: Order. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (rrp)
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Legal Document (Payment Possibly Required) 398 Filed: 10/25/2010, Entered: 10/27/2010 Minutes of In Chambers Order/Directive - no proceeding heldCourt Filing
MINUTE ORDER IN CHAMBERS by Magistrate Judge Robert N. Block: The parties are advised that, while the terms of their proposed Stipulation for Order re Confidential and Proprietary Information generally are acceptable to the Court, they still will need to make the following modifications: See minute order for more information [396]. (twdb)
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Legal Document (Payment Possibly Required) 396 Filed: 10/22/2010, Entered: 10/22/2010 Miscellaneous Document
Joint Stipulation for Order re Production of Confidential and Proprietary Information (Marshall, John)
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Legal Document (Payment Possibly Required) 395 Filed: 9/29/2010, Entered: 10/1/2010 Notice of Document Discrepancies and Order - RejectingCourt Filing
NOTICE OF DISCREPANCY AND ORDER: by Magistrate Judge Robert N. Block, ORDERING LETTER submitted by Defendant Bradley Birkenfeld received on 9/24/10 is not to be filed but instead rejected. Denial based on: LOCAL RULE 83-2.11 Communication to the Judge (rla)
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Legal Document (Payment Possibly Required) 394 Filed: 9/20/2010, Entered: 9/23/2010 Notice of Change of Address
NOTICE of Change of address Filed by Defendant Bradley Birkenfeld. FCI Schuylkill, PO Box 670, Camp 2, Minersville, PA 17954-0670 (rla)
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Legal Document (Payment Possibly Required) 393 Filed: 9/13/2010, Entered: 9/17/2010 Order on Motion to Dismiss CaseCourt Filing
MINUTES (IN CHAMBERS): ORDER by Judge Andrew J. Guilford: granting [349] Motion to Dismiss of Defendants Bovay, Kurer and Weil. The Court cannot exercise personal jurisdiction over Defendants Kurer, Weil, or Bovay, so the Motion is GRANTED. (ade)
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Legal Document (Payment Possibly Required) 392 Filed: 9/13/2010, Entered: 9/15/2010 Order on Motion to Dismiss CaseCourt Filing
MINUTES OF taking under advisement [349] Motion to Dismiss Case ; Motion Hearing held before Judge Andrew J. Guilford: Cause is called for hearing that counsel make their appearances. Counsel argue the tentative order, a copy of which is attached to this minute order. Matter is taken under submission. :Court Reporter: Denise Paddock. (nca)
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Blank 391 Filed: 9/8/2010, Entered: 9/9/2010 Order on Motion to Take DepositionCourt Filing
ORDER by Judge Andrew J. Guilford granting Motion to Take Deposition of Person Confined in Prison [384]. Plaintiffs Igor Olenicoff and Olen Properties filed a motion under Federal Rule of Civil Procedure 30(a)(2)(B) ("Motion") for leave to take the deposition of Defendant Bradley Birkenfeld ("Mr. Birkenfeld"), a person confined in prison. The Court finds this matter is appropriate for decision without oral argument. Fed. R. Civ. P. 78. Accordingly, the Court VACATES the hearing on this matter scheduled for September 13, 2010. After considering the papers submitted, the Motion is GRANTED. The Court ORDERS that Plaintiffs may take the deposition upon oral examination of the individual defendant Bradley Birkenfeld, who is confined in prison at FCI Schuylkill, Federal Correctional Institution, Interstate 81 & 901 West Minersville, AP 17954. The Court also ORDERS that counsel for all parties meet and confer by September 30, 2010, concerning the date and allocation of time for Mr. Birkenfeld's deposition. (dro)
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Legal Document (Payment Possibly Required) 390 Filed: 8/24/2010, Entered: 8/24/2010 Joinder (non-motion)
JOINDER filed by Defendants Paul Buchel, Stephan Laternser, Neue Bank, AG, Georg Vogt, Arnold Wille joining in Non-Opposition to Motion[388]. (Grad, Richard)
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Legal Document (Payment Possibly Required) 389 Filed: 8/24/2010, Entered: 8/24/2010 Statement
STATEMENT Noting the Death of a Party filed by Defendants Paul Buchel, Stephan Laternser, Neue Bank, AG, Georg Vogt, Arnold Wille (Grad, Richard)
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Legal Document (Payment Possibly Required) 388 Filed: 8/23/2010, Entered: 8/23/2010 Non-Opposition to Motion
NOTICE OF NON-OPPOSITION to MOTION to Take Deposition of Bradley Birkenfeld.[384] filed by Defendant UBS AG. (Kitchens, Dean)
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Legal Document (Payment Possibly Required) 387 Filed: 8/23/2010, Entered: 8/23/2010 Response in Support of Motion
RESPONSE IN SUPPORT of MOTION to Take Deposition of Bradley Birkenfeld.[384] Response filed by Defendants David A. Schwedel, Union Charter, Ltd.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Rovens, Douglas)
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Legal Document (Payment Possibly Required) 386 Filed: 8/18/2010, Entered: 8/19/2010 Minutes of In Chambers Order/Directive - no proceeding heldCourt Filing
MINUTE ORDER IN CHAMBERS by Judge Andrew J. Guilford, CONTINUING HEARING: On the Court's own motion, and for reasons of calendar management, the hearing currently scheduled for August 23, 2010 is CONTINUED to September 13, 2010, at 10:00 a.m. (rla)
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Legal Document (Payment Possibly Required) 385 Filed: 8/10/2010, Entered: 8/11/2010 Order on Motion for Extension of Time to AnswerCourt Filing
MINUTES (IN CHAMBERS) ORDER by Judge Andrew J. Guilford Extending Deadline for Filing Answer. Pro se Defendant Bradley Birkenfeld filed a Motion for an extension of time to answer the third amended complaint (Motion). The Court finds this matter appropriate for decision without oral argument. Fed. R. Civ. P. 78. Accordingly, the Court VACATES the hearing on this matter scheduled for August 16, 2010. After considering Mr. Birkenfelds papers, the Court GRANTS the Motion. The deadline is extended to November 22, 2010. (db)
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Legal Document (Payment Possibly Required) 384 Filed: 8/9/2010, Entered: 8/9/2010, Terminated: 9/8/2010 Motion to Take DepositionCourt Filing
NOTICE OF MOTION AND MOTION to Take Deposition of Bradley Birkenfeld. filed by Plaintiffs Olen Properties Corp.. Motion set for hearing on 9/13/2010 at 10:00 AM before Judge Andrew J. Guilford. (Attachments: # (1) Declaration Declaration of W. King)(Marshall, John)
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Legal Document (Payment Possibly Required) 383 Filed: 8/5/2010, Entered: 8/5/2010 (TERMED) Notice of Filing Transcript (G-46)
NOTICE OF FILING TRANSCRIPT filed for proceedings 062110 DCCD GUILFORD CR 10D OLENICOFF (Paddock, Denise)
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Legal Document (Payment Possibly Required) 382 Filed: 8/4/2010, Entered: 8/4/2010 Transcript (CV)
TRANSCRIPT for proceedings held on 062110 DCCD GUILFORD CR 10D OLENICOFF. Court Reporter/Electronic Court Recorder: DENISE PADDOCK, phone number WWW.OCRECORD.COM. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through WWW.PACERTRANSCRIPTS.COM PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 8/25/2010. Redacted Transcript Deadline set for 9/4/2010. Release of Transcript Restriction set for 11/2/2010. (Paddock, Denise)
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Legal Document (Payment Possibly Required) 381 Filed: 8/2/2010, Entered: 8/2/2010 Declaration (Motion related)
DECLARATION of Kristopher P. Diulio In Support Of MOTION to Dismiss Case[349] filed by Defendants Christian Bovay, Peter Kurer, Raoul Weil. (Kitchens, Dean)
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Legal Document (Payment Possibly Required) 380 Filed: 8/2/2010, Entered: 8/2/2010 Response in Support of Motion
RESPONSE IN SUPPORT of MOTION to Dismiss Case[349] filed by Defendants Christian Bovay, Peter Kurer, Raoul Weil. (Kitchens, Dean)
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Legal Document (Payment Possibly Required) 379 Filed: 7/28/2010, Entered: 7/28/2010 (TERMED) Notice of Filing Transcript (G-46)
NOTICE OF FILING TRANSCRIPT filed for proceedings 110909 DCCD GUILFORD CR 10C OLENICOFF (Paddock, Denise)
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Legal Document (Payment Possibly Required) 378 Filed: 7/23/2010, Entered: 7/23/2010 Notice of Deficiency in Electronically Filed Documents (G-112A)
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document[375]. The following error(s) was found: Incorrect event selected. The correct event is: Opposition motion related. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (twdb)
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Legal Document (Payment Possibly Required) 376 Filed: 7/22/2010, Entered: 7/22/2010 Minutes of In Chambers Order/Directive - no proceeding heldCourt Filing
MINUTES OF IN CHAMBERS ORDER held before Judge Andrew J. Guilford: ORDER CONTINUING HEARING AND SETTING BRIEFING SCHEDULE On Monday, July 19, 2010, Defendant Bradley Birkenfeld filed a Motion for an extension of time to answer the third amended complaint (Motion). In the Motion, Defendant Birkenfeld set a hearing for July 26, 2010. Under Local Rule 6-1, Motions must be set for hearing no earlier than 28 days from filing. Accordingly, the hearing is CONTINUED to August 16, 2010, at 10:00 a.m. Any opposition must be filed by July 26, 2010. Any reply papers must be filed by August 2, 2010. (ade)
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Legal Document (Payment Possibly Required) 375 Filed: 7/22/2010, Entered: 7/22/2010 Miscellaneous Document
Plaintiffs' Opp to Birkenfeld Mtn for Ext of Time to Ans TAC (Marshall, John)
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Legal Document (Payment Possibly Required) 374 Filed: 7/20/2010, Entered: 7/20/2010 Minutes of In Chambers Order/Directive - no proceeding heldCourt Filing
MINUTES OF IN CHAMBERS ORDER held before Judge Andrew J. Guilford: CONTINUING HEARING AND PERMITTING FURTHER BRIEFING: Plaintiffs filed a sur-reply. In the interests of justice, the Court accepts the sur-reply, but reminds the parties that going forward, permission must be sought before filing a sur-reply. Defendants may file a supplementary reply brief by August 2, 2010. Defendants' motion to dismiss is continued to 8/23/2010 at 10:00 AM before Judge Andrew J. Guilford. (rla)
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Legal Document (Payment Possibly Required) 377 Filed: 7/19/2010, Entered: 7/23/2010 Motion for Extend Time to File Answer
NOTICE OF MOTION AND MOTION for Extend Time to File Answer to Third Amended Complaint. Filed by defendant Bradley Birkenfeld. (ade)
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Legal Document (Payment Possibly Required) 373 Filed: 7/19/2010, Entered: 7/19/2010 Reply (Motion related)
REPLY Plaintiffs' Surreply MOTION to Dismiss Case[349] filed by Plaintiffs Olen Properties Corp., Igor Olenicoff. (Attachments: # (1) Declaration of Igor Olenicoff, # (2) Declaration of William King)(Ault, Julie)
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Legal Document (Payment Possibly Required) 372 Filed: 7/16/2010, Entered: 7/16/2010 Transcript (CV)
TRANSCRIPT for proceedings held on 110909 DCCD GUILFORD CR 10C OLENICOFF. Court Reporter/Electronic Court Recorder: DENISE PADDOCK, phone number WWW.OCRECORD.COM. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER WWW.PACERTRANSCRIPTS.COM. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 8/6/2010. Redacted Transcript Deadline set for 8/16/2010. Release of Transcript Restriction set for 10/14/2010. (Paddock, Denise)
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Legal Document (Payment Possibly Required) 371 Filed: 7/2/2010, Entered: 7/2/2010 Declaration (Motion related)
DECLARATION of KRISTOPHER P. DIULIO IN SUPPORT OF MOTION to Dismiss Case[349] filed by Defendants Christian Bovay, Peter Kurer, Raoul Weil. (Kitchens, Dean)
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Legal Document (Payment Possibly Required) 370 Filed: 7/2/2010, Entered: 7/2/2010 Motion Related Document
REPLY BRIEF OF SPECIALLY-APPEARING DEFENDANTS CHRISTIAN BOVAY, PETER KURER AND RAOUL WEIL IN SUPPORT OF THEIR MOTION TO DISMISS PLAINTIFFS' THIRD AMENDED COMPLAINT re MOTION to Dismiss Case[349] filed by Defendants Christian Bovay, Peter Kurer, Raoul Weil. (Kitchens, Dean)
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Legal Document (Payment Possibly Required) 369 Filed: 6/25/2010, Entered: 6/25/2010 Notice of Change of Attorney Business or Contact Information (G-06)
NOTICE of Change of Attorney Information for attorney John R Marshall counsel for Plaintiff Olen Properties Corp.. Adding John Marshall as attorney as counsel of record for Igor Olenicoff and Olen Properties, Corp for the reason indicated in the G-06 Notice. Filed by Plaintiff Igor Olenicoff and Olen Proerites, Corp (Marshall, John)
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Legal Document (Payment Possibly Required) 364 Filed: 6/22/2010, Entered: 6/22/2010 Proof of Service (subsequent documents)
Proof OF SERVICE filed by defendant Bradley Birkenfeld, re Notice (Other)[363] of Decision on Bradley Birkenfeld served on June 22, 2010. (Miller, Kenneth)
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Legal Document (Payment Possibly Required) 363 Filed: 6/22/2010, Entered: 6/22/2010 Notice (Other)
NOTICE of Decision by Court filed by defendant Bradley Birkenfeld. (Miller, Kenneth)
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Legal Document (Payment Possibly Required) 368 Filed: 6/21/2010, Entered: 6/23/2010 Motion HearingCourt Filing
MINUTES OF Motion Hearing held before Judge Andrew J. Guilford re Defendants' Motion for Reconsideration re: Order on Motion to Dismiss [321]; Defendants' Motion for Leave to Appeal re: Order on Motion to Dismiss [322]; Defendant's Motion for an Order Relieving Counsel of Record. Mr. Miller's motion to be relieved as counsel of record is granted to be effective when Court receives proof of service on defendant Bradley Birkenfeld of today's ruling. Court hears oral argument and takes Defendants' Motion for Reconsideration and Defendants' Motion for Leave to Appeal Under Submission. Court Reporter: Denise Paddock. (db)
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Legal Document (Payment Possibly Required) 365 Filed: 6/21/2010, Entered: 6/22/2010 Order on Motion for ReconsiderationCourt Filing
MINUTES (IN CHAMBERS): ORDER re motion for reconsideration and motion for certification of order for interlocutory appeal by Judge Andrew J. Guilford: granting [321] denying Motion for Certification [322] (twdb)
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Legal Document (Payment Possibly Required) 366 Filed: 6/18/2010, Entered: 6/22/2010 Motion to Continue
MOTION to Continue hearing from 6/21/10 and to compel production of documents filed by defendant Bradley Birkenfeld. (twdb)
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Blank 362 Filed: 6/17/2010, Entered: 6/17/2010 MEMORANDUM in Opposition to Motion
MEMORANDUM in Opposition to MOTION to Dismiss Case[349] filed by Plaintiff Igor Olenicoff. (Attachments: # (1) Declaration Declaration in Support of Opposition)(King, William)
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Legal Document (Payment Possibly Required) 361 Filed: 6/15/2010, Entered: 6/16/2010 Order on Application to ContinueCourt Filing
ORDER by Judge Andrew J. Guilford granting Application For Order Continuing Date To Respond [356]. Defendant Bradley Birkefeld shall have up to and including August 21, 2010, to answer or otherwise respond to Plaintiffs' Third Amended Complaint. (dro)
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Legal Document (Payment Possibly Required) 360 Filed: 6/9/2010, Entered: 6/15/2010 Order on Application to Seal (document)Court Filing
ORDER by Judge Andrew J. Guilford: granting [359] Application to File Under Seal. (wr)
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Legal Document (Payment Possibly Required) 359 Filed: 6/9/2010, Entered: 6/15/2010 Application to Seal
NOTICE and APPLICATION to File Under Seal filed by Defendant Bradley Birkenfeld. (wr)
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Legal Document (Payment Possibly Required) 358 Filed: 6/9/2010, Entered: 6/9/2010 Certificate/Notice of Interested Parties
AMENDED NOTICE of Interested Parties filed by Defendants Paul Buchel, Stephan Laternser, Neue Bank, AG, Georg Vogt, Arnold Wille, identifying Neue Bank AG, Georg Vogt, Paul Buchel, Stefan Laternser, Arnold Wille, American International Group, Inc., Chartis, Inc.. (Grad, Richard)
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Legal Document (Payment Possibly Required) 357 Filed: 6/7/2010, Entered: 6/7/2010 Notice of Manual Filing (G-92)
NOTICE of Manual Filing filed by Defendant Bradley Birkenfeld of Reply in Support of Order Relieving Counsel of Record and Declaration of Kenneth M. Miller. (Miller, Kenneth)
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Legal Document (Payment Possibly Required) 356 Filed: 6/7/2010, Entered: 6/7/2010, Terminated: 6/15/2010 Application to Continue
APPLICATION to Continue For Order Continuing Date for Defendant Bradley Birkenfeld to Respond to Plaintiff's Third Amended Complaint from June 21, 2010 to 60 Days filed by Defendant Bradley Birkenfeld. (Attachments: # (1) Declaration of Counsel in Support of Application for Order Continuing Date for Defendant Bradley Birkenfeld to Respond to Plaintiff's Third Amended Complaint, # (2) Proposed Order)(Miller, Kenneth)
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Legal Document (Payment Possibly Required) 355 Filed: 5/26/2010, Entered: 6/2/2010 OrderCourt Filing
ORDER by Judge Andrew J. Guilford, GRANTING APPLICATION TO SEAL DOCUMENTS: IT IS ORDERED that the Application of Bradley Birkenfeld, an individual and a defendant in this matter, to Seal Declaration of Bradley Birkenfeld with respect to a Motion to Withdraw is granted. (rla)
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Legal Document (Payment Possibly Required) 352 Filed: 5/21/2010, Entered: 5/21/2010 Minutes of In Chambers Order/Directive - no proceeding heldCourt Filing
MINUTES OF IN CHAMBERS ORDER by Judge Andrew J. Guilford: Continuing Hearings and Setting Briefing Schedule: All hearings currently scheduled for May 24, 2010 at 10:00 a.m. are CONTINUED to June 21, 2010 at 10:00 a.m. (Docket Nos. 321, 322, & 333.); The law firm of Bienert, Miller & Katzman, PLC filed a motion to withdraw as counsel for Defendant Bradley Birkenfeld. Yesterday, Birkenfeld filed an opposition to the Motion. If BMK wishes, it may file a reply brief by June 7, 2010. (rla)
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Legal Document (Payment Possibly Required) 354 Filed: 5/20/2010, Entered: 5/26/2010 Objection/Opposition (Motion related)
OPPOSITION of Bradely Birkenfeld to Motion For Order Relieving Counsel of Record filed by Defendant Bradley Birkenfeld. (lwag)
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Sealed Legal Document 353 Filed: 5/20/2010, Entered: 5/26/2010 Declaration (Motion related)
SEALED DOCUMENT - DECLARATION of Bradley Birkenfeld IN SUPPORT OF OPPOSITION TO MOTION of Kenneth M. Miller for Order Relieving Counsel of Record (rla)
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Legal Document (Payment Possibly Required) 351 Filed: 5/10/2010, Entered: 5/10/2010 Reply (Motion related)
REPLY in support of MOTION for Leave to Appeal, re: Order on Motion to Dismiss Party, Order on Motion to Dismiss Case, Order on Motion to Dismiss/Lack of Jurisdiction,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,[322] filed by Defendants Paul Buchel, Stephan Laternser, Neue Bank, AG, Georg Vogt, Arnold Wille. (Grad, Richard)
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Legal Document (Payment Possibly Required) 350 Filed: 5/10/2010, Entered: 5/10/2010 Reply (Motion related)
REPLY in support of MOTION for Reconsideration re Order on Motion to Dismiss Party, Order on Motion to Dismiss Case, Order on Motion to Dismiss/Lack of Jurisdiction,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,[321] filed by Defendants Paul Buchel, Stephan Laternser, Neue Bank, AG, Georg Vogt, Arnold Wille. (Grad, Richard)
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Legal Document (Payment Possibly Required) 349 Filed: 5/3/2010, Entered: 5/3/2010, Terminated: 9/13/2010 Motion to DismissCourt Filing
NOTICE OF MOTION AND MOTION to Dismiss Case filed by specially-appearing individual defendants Christian Bovay, Peter Kurer, Raoul Weil. Motion set for hearing on 7/26/2010 at 10:00 AM before Judge Andrew J. Guilford. (Attachments: # (1) Declaration of Christian Bovay, # (2) Declaration of Peter Kurer, # (3) Declaration of Raoul Weil)(Kitchens, Dean)
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Legal Document (Payment Possibly Required) 348 Filed: 4/29/2010, Entered: 4/29/2010 Objection/Opposition (Motion related)
OPPOSITION IN OPPOSITION TO re: MOTION for Leave to Appeal, re: Order on Motion to Dismiss Party, Order on Motion to Dismiss Case, Order on Motion to Dismiss/Lack of Jurisdiction,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,[322] filed by Plaintiffs Olen Properties Corp., Igor Olenicoff. (King, William)
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Legal Document (Payment Possibly Required) 347 Filed: 4/29/2010, Entered: 4/29/2010 Objection/Opposition (Motion related)
OPPOSITION IN OPPOSITION TO re: MOTION for Reconsideration re Order on Motion to Dismiss Party, Order on Motion to Dismiss Case, Order on Motion to Dismiss/Lack of Jurisdiction,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,[321] filed by Plaintiffs Olen Properties Corp., Igor Olenicoff. (King, William)
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Legal Document (Payment Possibly Required) 343 Filed: 4/26/2010, Entered: 4/26/2010 Notice of Deficiency in Electronically Filed Documents (G-112A)
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance[341]. The following error(s) was found: Account information was not updated in the ECF system. Your account information must be updated immediately by going to Utilities - Maintain Your Address or Maintain Your E-mail Address. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (vh)
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Legal Document (Payment Possibly Required) 342 Filed: 4/23/2010, Entered: 4/26/2010 OrderCourt Filing
ORDER by Judge Andrew J. Guilford to Continue Hearings on the Neu Bank Defendants' Motion for Reconsideration [321] and Motion for Certification of Order for Interlocutory Appeal [322]. The hearings for the Neue Bank Defendants Motions will be continued to May 24, 2010 at 10:00 a.m. in Courtroom 10D of this Court. (db)
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Legal Document (Payment Possibly Required) 341 Filed: 4/23/2010, Entered: 4/23/2010 Notice of Appearance
NOTICE of Appearance filed by attorney Jessica A Boschee on behalf of Defendant UBS AG (Boschee, Jessica)
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Sealed Legal Document 346 Filed: 4/22/2010, Entered: 4/28/2010 Declaration
SEALED DOCUMENT RE: DECLARATION of Kenneth M. Miller (ade)
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Legal Document (Payment Possibly Required) 345 Filed: 4/22/2010, Entered: 4/27/2010 Order on Application to Seal (document)Court Filing
ORDER by Judge Andrew J. Guilford: granting [344] Application to Seal (ade)
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Legal Document (Payment Possibly Required) 340 Filed: 4/22/2010, Entered: 4/22/2010 Answer
ANSWER to Complaint - (Discovery), Complaint - (Discovery), Complaint - (Discovery), Complaint - (Discovery)[1] Third Amended Complaint filed by Defendant Herb Lustig.(Brys, Laura)
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Legal Document (Payment Possibly Required) 339 Filed: 4/22/2010, Entered: 4/22/2010 Answer
ANSWER to Plaintiffs' Third Amended Complaint and Affirmative Defenses filed by Defendant David Eichinger, Michael Storey, Synthesis Energy Systems, Inc., Timothy Vail.(Magnuson, Molly)
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Legal Document (Payment Possibly Required) 338 Filed: 4/22/2010, Entered: 4/22/2010 Answer
ANSWER to Complaint - (Discovery), Complaint - (Discovery), Complaint - (Discovery), Complaint - (Discovery)[1] TO THIRD AMENDED COMPLAINT (DOCUMENT NO. 215) filed by Defendants Paul Buchel, Stephan Laternser, Neue Bank, AG, Georg Vogt, Arnold Wille.(Grad, Richard)
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Legal Document (Payment Possibly Required) 337 Filed: 4/22/2010, Entered: 4/22/2010 Answer
ANSWER to Complaint - (Discovery), Complaint - (Discovery), Complaint - (Discovery), Complaint - (Discovery)[1] filed by Defendants GM Capital Partners, LTD., Robert Knight, Knight Financial, LTD, James Alexander Michie.(Sanders, Justin)
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Legal Document (Payment Possibly Required) 336 Filed: 4/22/2010, Entered: 4/22/2010 Answer
ANSWER to Complaint - (Discovery), Complaint - (Discovery), Complaint - (Discovery), Complaint - (Discovery)[1] (Third Amended Complaint) filed by Defendant UBS AG.(Kitchens, Dean)
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Legal Document (Payment Possibly Required) 335 Filed: 4/22/2010, Entered: 4/22/2010 Answer
ANSWER to Complaint - (Discovery), Complaint - (Discovery), Complaint - (Discovery), Complaint - (Discovery)[1] with JURY DEMAND filed by Defendants David A. Schwedel, Union Charter, Ltd..(Rovens, Douglas)
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Legal Document (Payment Possibly Required) 334 Filed: 4/22/2010, Entered: 4/22/2010 Stipulation to Continue
STIPULATION to Continue Hearings on the Neue Bank Defendants' Motion for Reconsideration and Motion for Certification of Order for Interlocutory Appeal from May 10, 2010 to May 24, 2010 filed by Defendants Paul Buchel, Stephan Laternser, Neue Bank, AG, Georg Vogt, Arnold Wille. (Attachments: # (1) Proposed Order)(Grad, Richard)
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Legal Document (Payment Possibly Required) 344 Filed: 4/20/2010, Entered: 4/27/2010 Application to Seal
APPLICATION to Seal. Filed by defendant Bradley Birkenfeld. (ade)
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Legal Document (Payment Possibly Required) 333 Filed: 4/20/2010, Entered: 4/20/2010, Terminated: 6/21/2010 Motion to Withdraw as AttorneyCourt Filing
NOTICE OF MOTION AND MOTION of Kenneth M. Miller to Withdraw as Attorney of Record filed by Defendant Bradley Birkenfeld. Motion set for hearing on 5/24/2010 at 10:00 AM before Judge Andrew J. Guilford. (Attachments: # (1) Proposed Order)(Miller, Kenneth)
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Legal Document (Payment Possibly Required) 332 Filed: 4/20/2010, Entered: 4/20/2010 Notice of Manual Filing (G-92)
NOTICE of Manual Filing filed by Defendant Bradley Birkenfeld of Notice and Application to File Under Seal; Proposed Order; Declaration of Kenneth M. Miller. (Miller, Kenneth)
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Legal Document (Payment Possibly Required) 328 Filed: 4/12/2010, Entered: 4/14/2010 Scheduling OrderCourt Filing
AMENDED SCHEDULING ORDER Specifying Procedures by Judge Andrew J. Guilford. Final Pretrial Conference set for 1/23/2012 08:30 AM before Judge Andrew J. Guilford, Jury Trial set for 2/7/2012 09:00 AM before Judge Andrew J. Guilford. (See Order for details) (db)
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Legal Document (Payment Possibly Required) 327 Filed: 4/12/2010, Entered: 4/13/2010 Order on Application to ContinueCourt Filing
ORDER by Judge Andrew J. Guilford: GRANTING APPLICATION for ORDER Continuing Date for Defendant Birkenfeld to Respond to Third Amended Complaint [319]: IT IS HEREBY ORDERED that Defendant Bradley Birkefeld shall have up to and including June 21, 2010, to answer or otherwise respond to Plaintiffs' Third Amended Complaint. (rla)
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Legal Document (Payment Possibly Required) 326 Filed: 4/12/2010, Entered: 4/13/2010 Scheduling OrderCourt Filing
SCHEDULING ORDER Specifying Procedures by Judge Andrew J. Guilford. (See Order for details) (db)
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Legal Document (Payment Possibly Required) 325 Filed: 4/12/2010, Entered: 4/13/2010 Scheduling ConferenceCourt Filing
MINUTES OF Scheduling Conference held before Judge Andrew J. Guilford. The Court sets the following dates: Discovery cut-off 11/7/2011. Final Pretrial Conference set for 1/23/2010 08:30 AM before Judge Andrew J. Guilford. Jury Trial set for 2/7/2010 09:00 AM before Judge Andrew J. Guilford.Court Reporter: Denise Paddock. (db)
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Sealed Legal Document 331 Filed: 4/9/2010, Entered: 4/16/2010 Declaration (Motion related)
SEALED DOCUMENT - DECLARATION of Kenneth M. Miller In Support of APPLICATION for Leave to Withdraw (rla)
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Legal Document (Payment Possibly Required) 330 Filed: 4/9/2010, Entered: 4/14/2010 Order on Application to Seal (document)Court Filing
ORDER by Judge Andrew J. Guilford: granting Application to Seal [329]. (twdb)
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Legal Document (Payment Possibly Required) 329 Filed: 4/9/2010, Entered: 4/14/2010 Application to Seal
NOTICE AND APPLICATION to file under Seal filed by defendant Bradley Birkenfeld. (twdb)
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Legal Document (Payment Possibly Required) 323 Filed: 4/9/2010, Entered: 4/9/2010 Proof of Service (subsequent documents)
PROOF OF SERVICE filed by Defendants Paul Buchel, Stephan Laternser, Neue Bank, AG, Georg Vogt, Arnold Wille, re MOTION for Reconsideration re Order on Motion to Dismiss Party, Order on Motion to Dismiss Case, Order on Motion to Dismiss/Lack of Jurisdiction,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,[321], MOTION for Leave to Appeal, re: Order on Motion to Dismiss Party, Order on Motion to Dismiss Case, Order on Motion to Dismiss/Lack of Jurisdiction,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,[322] served on April 9, 2010. (Grad, Richard)
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Legal Document (Payment Possibly Required) 322 Filed: 4/9/2010, Entered: 4/9/2010, Terminated: 6/21/2010 Motion for Leave to AppealCourt Filing
NOTICE OF MOTION AND MOTION for Leave to Appeal, re: Order on Motion to Dismiss Party, Order on Motion to Dismiss Case, Order on Motion to Dismiss/Lack of Jurisdiction,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, [316], filed by Defendants Paul Buchel, Stephan Laternser, Neue Bank, AG, Georg Vogt, Arnold Wille. Motion set for hearing on 5/10/2010 at 10:00 AM before Judge Andrew J. Guilford. (Attachments: # (1) Proposed Order)(Grad, Richard)
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Legal Document (Payment Possibly Required) 321 Filed: 4/9/2010, Entered: 4/9/2010, Terminated: 6/21/2010 Motion for ReconsiderationCourt Filing
NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion to Dismiss Party, Order on Motion to Dismiss Case, Order on Motion to Dismiss/Lack of Jurisdiction,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, [316] filed by Defendants Paul Buchel, Stephan Laternser, Neue Bank, AG, Georg Vogt, Arnold Wille. Motion set for hearing on 5/10/2010 at 10:00 AM before Judge Andrew J. Guilford. (Attachments: # (1) Proposed Order)(Grad, Richard)
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Legal Document (Payment Possibly Required) 324 Filed: 4/8/2010, Entered: 4/12/2010 Order Extending Answer Due DeadlineCourt Filing
ORDER REGARDING SCHEDULE FOR SPECIALLY APPEARING DEFENDANTS CHRISTIAN BOVAY, RAOUL WEIL, AND PETER KURER by U.S. District Judge Andrew J. Guilford: granting Stipulation for Extension of Time to File Response to Third Amended Complaint [317]: IT IS ORDERED: 1. The Individual Defendants listed above shall respond to the Third Amended Complaint by May 3, 2010; 2. The Individual Defendants specifically reserve their rights to challenge service of process and jurisdiction, and the Individual Defendants do not waive any rights or defenses by entering into this stipulation; 3. If the Individual Defendants file a motion to dismiss the Third Amended Complaint, Plaintiffs Opposition must be filed within 45 days of the motion to dismiss. (See document for further details.) (rla)
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Legal Document (Payment Possibly Required) 320 Filed: 4/6/2010, Entered: 4/6/2010, Terminated: 4/12/2012 Application to Withdraw as Attorney
APPLICATION of Kenneth M. Miller to Withdraw as Attorney filed by Defendant Bradley Birkenfeld. (Miller, Kenneth)
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Legal Document (Payment Possibly Required) 319 Filed: 4/6/2010, Entered: 4/6/2010, Terminated: 4/12/2010 Application to Continue
APPLICATION to Continue Date for Defendant Bradley Birkenfeld to Respond to Plaintiff's Third Amended Complaint from April 22, 2010 to June 21, 2010 filed by Defendant Bradley Birkenfeld. (Attachments: # (1) Declaration of Kenneth M. Miller, # (2) Proposed Order)(Miller, Kenneth)
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Legal Document (Payment Possibly Required) 318 Filed: 4/6/2010, Entered: 4/6/2010 Notice of Manual Filing (G-92)
NOTICE of Manual Filing filed by Defendant Bradley Birkenfeld of 1) Notice and Application to File Under Seal; 2) Declaration of Kenneth M. Miller; and 3) Proposed Order. (Miller, Kenneth)
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Legal Document (Payment Possibly Required) 317 Filed: 3/31/2010, Entered: 3/31/2010 Stipulation for Extension of Time to File
STIPULATION for Extension of Time to File Response to Plaintiffs' Third Amended Complaint filed by defendants Christian Bovay, Peter Kurer, Raoul Weil. (Attachments: # (1) Proposed Order)(Diulio, Kristopher)
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Legal Document (Payment Possibly Required) 316 Filed: 3/16/2010, Entered: 3/18/2010 Order on Motion to Dismiss PartyCourt Filing
OMNIBUS ORDER RE MOTIONS TO DISMISS by Judge Andrew J. Guilford: (See document for further details.) The Court finds that it does not have personal jurisdiction over Defendants Hermann Wille, Jost Pilgrim, and Willi Wolfinger, and dismisses the claims against those Defendants. The Court finds that Defendant Union Charter, Ltd. was not properly served, and grants Plaintiffs an additional 60 days for service. Finally, the Court finds that Plaintiffs failed to state claims for securities fraud against Defendants UBS AG, Union Charter, Ltd., David Schwedel, Synthesis Energy Systems, Inc., Michael Storey, Timothy Vail, and David Eichinger; for breach of contract against Defendants Union Charter, Ltd., and David Schwedel; for breach of duty to timely register securities transactions against Defendants Synthesis Energy Systems, Inc., Michael Storey, Timothy Vail, and David Eichinger; and for declaratory relief against all Defendants. The motions are DENIED as to all other grounds for dismissal. UBS AG's Motion is GRANTED, with leave to amend, as to claims seven and eight. UBS AG's Motion is GRANTED, without leave to amend, as to the twenty-first claim. The remainder of the Motion is DENIED. (D.E. 225.) Birkenfeld's Motion is GRANTED as to the twenty-first claim. The remainder of the Motion is DENIED. (D.E. 233.) Birkenfeld's Supplemental Motion is DENIED. (D.E. 235.) The Motion of Neue Bank Defendants Hermann Wille, Pilgrim, and Wolfinger is GRANTED as to lack of personal jurisdiction. The Neue Bank Motion is GRANTED as to the twenty-first claim. The Motion is DENIED as to the Remaining Neue Bank Defendants and remaining grounds for dismissal. (D.E. 225) Union Charter's Motion is GRANTED as to improper service, and Plaintiffs are GRANTED an additional 60 days for service. UBS AG's Motion is GRANTED as to claims seven, eight, sixteen, and twenty-one. The remainder of the Union Charter Motion is DENIED. (D.E. 239.) Schwedel's Motion is GRANTED as to claims seven, eight, sixteen, and twenty-one. The remainder of Schwedels Motion is DENIED. (D.E. 244.) The Michie Motion is GRANTED as to the twenty-first claim. The remainder of the Motion is DENIED. (D.E. 256.) Lustig's Motion is GRANTED as to the twenty-first claim. The remainder of the Motion is DENIED. (D.E. 252.) The SES Defendants' Motion is GRANTED. (D.E. 259.) IT IS SO ORDERED. (rla)
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Legal Document (Payment Possibly Required) 315 Filed: 3/8/2010, Entered: 3/12/2010 Order on Motion to ContinueCourt Filing
MINUTES re Plaintiffs' Motion to Continue Trial Date held before Judge Andrew J. Guilford [301]. Court and counsel confer regarding Motion. Court grants motion to continue trial. Court sets Scheduling Conference for April 12, 2010, at 9:00 a.m.Court Reporter: Denise Paddock. (db)
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Legal Document (Payment Possibly Required) 314 Filed: 3/2/2010, Entered: 3/2/2010 Non-Opposition to Motion
NOTICE OF NON-OPPOSITION to MOTION to Continue Trial from May 11, 2010 to Court's Convenience[301] and Withdraws his filed Opposition to Motion to Contiue Trial Date (Doc No. 312) filed by Defendant Bradley Birkenfeld. (Miller, Kenneth)
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Legal Document (Payment Possibly Required) 313 Filed: 2/18/2010, Entered: 2/18/2010 Non-Opposition to Motion
NOTICE OF NON-OPPOSITION to MOTION to Continue Trial from May 11, 2010 to Court's Convenience[301] filed by Defendant Herb Lustig. (Brys, Laura)
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Legal Document (Payment Possibly Required) 312 Filed: 2/12/2010, Entered: 2/12/2010 Response in Opposition to Motion
OPPOSITION to MOTION to Continue Trial from May 11, 2010 to Court's Convenience[301] filed by Defendant Bradley Birkenfeld. (Miller, Kenneth)
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Legal Document (Payment Possibly Required) 311 Filed: 2/11/2010, Entered: 2/11/2010 Non-Opposition to Motion
NOTICE OF NON-OPPOSITION to MOTION to Continue Trial from May 11, 2010 to Court's Convenience[301] filed by Defendants James Alexander Michie, GM Capital Partners, LTD., Robert Knight, Knight Financial, LTD. (Sanders, Justin)
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Legal Document (Payment Possibly Required) 310 Filed: 2/11/2010, Entered: 2/11/2010 Statement
STATEMENT Non-Opposition to Plaintiffs' Motion to Continue Trial Date filed by Defendants Neue Bank, AG, Georg Vogt, Hermann Wille, Paul Buchel, Jost Pilgrim, Willi Wolfinger, Stephan Laternser, Arnold Wille (Grad, Richard)
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Legal Document (Payment Possibly Required) 309 Filed: 2/11/2010, Entered: 2/11/2010 Non-Opposition to Motion
NOTICE OF NON-OPPOSITION to MOTION to Continue Trial from May 11, 2010 to Court's Convenience[301] filed by Defendant UBS AG. (Diulio, Kristopher)
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Legal Document (Payment Possibly Required) 308 Filed: 2/11/2010, Entered: 2/11/2010 Non-Opposition to Motion
NOTICE OF NON-OPPOSITION to MOTION to Continue Trial from May 11, 2010 to Court's Convenience[301] / and Requesting for Further Scheduling Conference filed by Defendants Synthesis Energy Systems, Inc., Timothy Vail, David Eichinger. (Magnuson, Molly)
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Legal Document (Payment Possibly Required) 307 Filed: 2/10/2010, Entered: 2/10/2010 Non-Opposition to Motion
NOTICE OF NON-OPPOSITION to MOTION to Continue Trial from May 11, 2010 to Court's Convenience[301] filed by Defendants Union Charter, Ltd., David A. Schwedel. (Rovens, Douglas)
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Legal Document (Payment Possibly Required) 306 Filed: 2/4/2010, Entered: 2/4/2010 Notice of Deficiency in Electronically Filed Documents (G-112A)
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Title page is missing RE: Service of Summons and Complaint Returned Executed (30 day), Service of Summons and Complaint Returned Executed (30 day)[305]. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (rrp)
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Legal Document (Payment Possibly Required) 305 Filed: 2/3/2010, Entered: 2/3/2010 Service of Summons and Complaint Returned Executed (30 day)
PROOF OF SERVICE Executed filed by Plaintiffs Igor Olenicoff, Olen Properties Corp., upon Scott Macaw served on 5/20/2009, answer due 6/19/2009. The Summons and Complaint were served by personal service, by Art 5 of Hague Convention statute, upon Scott McCaw. Due Dilligence declaration not attached. Original Summons not returned. (Ault, Julie)
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Legal Document (Payment Possibly Required) 304 Filed: 2/3/2010, Entered: 2/3/2010 Service of Summons and Complaint Returned Executed (30 day)
PROOF OF SERVICE Executed filed by Plaintiffs Igor Olenicoff, Olen Properties Corp., upon New Haven Trust Company Limited served on 8/4/2009, answer due 9/3/2009. The Summons and Complaint were served by personal service, by Hague Convention statute, upon Mario Staggl. Due Dilligence declaration not attached. Original Summons was returned. (Ault, Julie)
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Legal Document (Payment Possibly Required) 303 Filed: 2/3/2010, Entered: 2/3/2010 Service of Summons and Complaint Returned Executed (30 day)
PROOF OF SERVICE Executed filed by Plaintiffs Igor Olenicoff, Olen Properties Corp., upon Jur. Klaus Biedermann served on 8/4/2009, answer due 9/3/2009. The Summons and Complaint were served by personal service, by Hague Convention statute, upon Biederman. Due Dilligence declaration not attached. Original Summons was returned. (Ault, Julie)
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Legal Document (Payment Possibly Required) 302 Filed: 2/3/2010, Entered: 2/3/2010 Service of Summons and Complaint Returned Executed (30 day)
PROOF OF SERVICE Executed filed by Plaintiffs Igor Olenicoff, Olen Properties Corp., upon Mario Staggl served on 8/3/2009, answer due 9/2/2009. The Summons and Complaint were served by personal service, by Hague Convention statute, upon Mario Staggl. Due Dilligence declaration not attached. Original Summons was returned. (Ault, Julie)
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Legal Document (Payment Possibly Required) 301 Filed: 2/2/2010, Entered: 2/2/2010, Terminated: 3/8/2010 Motion to ContinueCourt Filing
NOTICE OF MOTION AND MOTION to Continue Trial from May 11, 2010 to Court's Convenience filed by Plaintiff Igor Olenicoff, Olen Properties Corp.. Motion set for hearing on 3/8/2010 at 10:00 AM before Judge Andrew J. Guilford. (Attachments: # (1) Proposed Order)(King, William)
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Legal Document (Payment Possibly Required) 300 Filed: 1/12/2010, Entered: 1/12/2010 Minutes of In Chambers Order/Directive - no proceeding heldCourt Filing
MINUTES OF IN CHAMBERS ORDER by Judge Andrew J. Guilford: STRIKING DOCUMENTS #297 AND 298 UNDER LOCAL RULE 83-2.11: The Court has received letters dated January 8, 2010 and January 11, 2010 (docket numbers 297 and 298) from Mr. William King and Julie Ault, attorneys for plaintiff in this matter. Under Local Rule 83-2.11, the letters are ordered stricken from the docket. Counsel may file a noticed motion regarding any issues they wish to bring to the Courts attention. (rla)
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Legal Document (Payment Possibly Required) 299 Filed: 1/12/2010, Entered: 1/12/2010 Notice of Deficiency in Electronically Filed Documents (G-112A)Court Filing
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: L.R. 83-2.11 Communications With the Judge. Attorneys or parties to any action or proceeding shall refrain from writing letters to the judge, making telephone calls to chambers, or otherwise communicating with a judge in a pending matter unless opposing counsel is present. All matters shall be called to a judges attention by appropriate application or motion filed in compliance with these Local Rules RE: Miscellaneous Document[297], Miscellaneous Document[298]. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (rrp)
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Legal Document (Payment Possibly Required) 298 Filed: 1/11/2010, Entered: 1/11/2010 Miscellaneous Document
Amended Request for Pre-Motion Conference filed by Plaintiffs Igor Olenicoff, Olen Properties Corp. (Attachments: # (1) Exhibit A through C)(King, William)
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Legal Document (Payment Possibly Required) 297 Filed: 1/8/2010, Entered: 1/8/2010 Miscellaneous Document
Request for Pre-Motion Conference filed by Plaintiffs Igor Olenicoff, Olen Properties Corp. (King, William)
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Legal Document (Payment Possibly Required) 296 Filed: 11/9/2009, Entered: 11/17/2009 Order on Motion to Dismiss/Lack of JurisdictionCourt Filing
MINUTES OF Motion Hearing held before Judge Andrew J. Guilford: taking under submission MOTIONS TO DISMISS re: [225] Motion; [233] Motion; [235] Motion; [237] Motion; [239] Motion; [244] Motion; [252] Motion; [256] Motion; [259] Motion. Cause is called for hearing and counsel make their appearances. Matters are argued and taken under submission. Court Reporter: Denise Paddock. (rla)
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Legal Document (Payment Possibly Required) 295 Filed: 10/23/2009, Entered: 10/23/2009 Objection
OBJECTIONS to Response in Opposition to Motion, [278] / Objections to the Declaration of Argang Schariat-Rawawy filed in Support of Plaintiffs' Opposition to Motion to Dismiss Third Amended Complaint filed by Defendants Synthesis Energy Systems, Inc., Michael Storey, Timothy Vail, David Eichinger. (Magnuson, Molly)
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Legal Document (Payment Possibly Required) 294 Filed: 10/23/2009, Entered: 10/23/2009 Objection
OBJECTIONS to Response in Opposition to Motion, [278] / Objections to the Declaration of Stephen Jacoby filed in Support of Plaintiffs' Opposition to Motion to Dismiss Second Amended Complaint for Failure to State a Claim and for Improper Venue filed by Defendants Synthesis Energy Systems, Inc., Michael Storey, Timothy Vail, David Eichinger. (Magnuson, Molly)
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Legal Document (Payment Possibly Required) 293 Filed: 10/23/2009, Entered: 10/23/2009 Reply (Motion related)
REPLY In Support of MOTION to Dismiss Plaintiffs' Third Amended Complaint[259] filed by Defendants Synthesis Energy Systems, Inc., Michael Storey, Timothy Vail, David Eichinger. (Magnuson, Molly)
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Legal Document (Payment Possibly Required) 292 Filed: 10/23/2009, Entered: 10/23/2009 Objection
OBJECTIONS to Response in Opposition to Motion, [277] Objections to Declaration of William J. King filed by Defendants James Alexander Michie, GM Capital Partners, LTD., Robert Knight, Knight Financial, LTD. (Sanders, Justin)
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Legal Document (Payment Possibly Required) 291 Filed: 10/23/2009, Entered: 10/23/2009 Request For Judicial Notice
REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim[256] filed by Defendants James Alexander Michie, GM Capital Partners, LTD., Robert Knight, Knight Financial, LTD. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3)(Sanders, Justin)
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Legal Document (Payment Possibly Required) 290 Filed: 10/23/2009, Entered: 10/23/2009 Reply (Motion related)
REPLY In Support Of Motion To Dismiss MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim[256] filed by Defendants James Alexander Michie, GM Capital Partners, LTD., Robert Knight, Knight Financial, LTD. (Sanders, Justin)
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Legal Document (Payment Possibly Required) 289 Filed: 10/23/2009, Entered: 10/23/2009 Reply (Motion related)
REPLY in Support of MOTION to Dismiss for Lack of Jurisdiction , Lack Of Subject Matter Jurisdiction, Improper Venue, And Failure To State A Claim Under Fed. R. Civ. Proc. 12(B)(6) Or, In The Alternative, Motion To Transfer Based On Forum Non Conveniens; Memorandum of MOTION to Dismiss for Lack of Jurisdiction , Lack Of Subject Matter Jurisdiction, Improper Venue, And Failure To State A Claim Under Fed. R. Civ. Proc. 12(B)(6) Or, In The Alternative, Motion To Transfer Based On Forum Non Conveniens; Memorandum of MOTION to Dismiss for Lack of Jurisdiction , Lack Of Subject Matter Jurisdiction, Improper Venue, And Failure To State A Claim Under Fed. R. Civ. Proc. 12(B)(6) Or, In The Alternative, Motion To Transfer Based On Forum Non Conveniens; Memorandum of[252] filed by Defendant Herb Lustig. (Brys, Laura)
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Legal Document (Payment Possibly Required) 288 Filed: 10/23/2009, Entered: 10/23/2009 Response in Support of Motion
RESPONSE IN SUPPORT of MOTION to Dismiss for Lack of Jurisdiction , Lack Of Subject Matter Jurisdiction, Improper Venue, And Failure To State A Claim Under Fed. R. Civ. Proc. 12(B)(6) Or, In The Alternative, Motion To Transfer Based On Forum Non Conveniens; Memorandum of MOTION to Dismiss for Lack of Jurisdiction , Lack Of Subject Matter Jurisdiction, Improper Venue, And Failure To State A Claim Under Fed. R. Civ. Proc. 12(B)(6) Or, In The Alternative, Motion To Transfer Based On Forum Non Conveniens; Memorandum of MOTION to Dismiss for Lack of Jurisdiction , Lack Of Subject Matter Jurisdiction, Improper Venue, And Failure To State A Claim Under Fed. R. Civ. Proc. 12(B)(6) Or, In The Alternative, Motion To Transfer Based On Forum Non Conveniens; Memorandum of[252] Lustig's Response to Plaintiffs' Objections to His Request for Judicial Notice filed by Defendant Herb Lustig. (Brys, Laura)
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Legal Document (Payment Possibly Required) 287 Filed: 10/23/2009, Entered: 10/23/2009 Objection/Opposition (Motion related)
Objection in Support of Motion re: MOTION to Dismiss for Lack of Jurisdiction , Lack Of Subject Matter Jurisdiction, Improper Venue, And Failure To State A Claim Under Fed. R. Civ. Proc. 12(B)(6) Or, In The Alternative, Motion To Transfer Based On Forum Non Conveniens; Memorandum of MOTION to Dismiss for Lack of Jurisdiction , Lack Of Subject Matter Jurisdiction, Improper Venue, And Failure To State A Claim Under Fed. R. Civ. Proc. 12(B)(6) Or, In The Alternative, Motion To Transfer Based On Forum Non Conveniens; Memorandum of MOTION to Dismiss for Lack of Jurisdiction , Lack Of Subject Matter Jurisdiction, Improper Venue, And Failure To State A Claim Under Fed. R. Civ. Proc. 12(B)(6) Or, In The Alternative, Motion To Transfer Based On Forum Non Conveniens; Memorandum of[252] Objecting to Plaintiffs' Evidence Submitted with their Opposition filed by Defendant Herb Lustig. (Brys, Laura)
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Legal Document (Payment Possibly Required) 286 Filed: 10/22/2009, Entered: 10/22/2009 Minutes of In Chambers Order/Directive - no proceeding heldCourt Filing
MINUTES OF IN CHAMBERS ORDER before Judge Andrew J. Guilford: Order Continuing Hearing on Defendants' Motions to Dismiss. On the Courts own Motion, and for reasons of calendar management, the hearings on Defendant Bradley Birkenfelds Motion to Dismiss for Lack of Jurisdiction (D.E. 233), Defendant Bradley Birkenfelds Motion to Dismiss for Improper Venue (D.E. 235), and Defendant UBS AGs Motion to Dismiss (D.E. 237), currently scheduled for October 26, 2009, is continued to November 9, 2009, at 10:00 a.m. (mt)
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Legal Document (Payment Possibly Required) 285 Filed: 10/16/2009, Entered: 10/16/2009 Objection/Opposition (Motion related)
OBJECTION IN SUPPORT OF re: MOTION to Dismiss for Lack of Jurisdiction Deficient Service Of Process, Lack Of Personal Jurisdiction, Improper Venue, And Failure To State A Claim Under Fed. R. Civ. Proc. 12(B)(6) Or, In The Alternative, Motion To Transfer Based On Forum Non Con MOTION to Dismiss for Lack of Jurisdiction Deficient Service Of Process, Lack Of Personal Jurisdiction, Improper Venue, And Failure To State A Claim Under Fed. R. Civ. Proc. 12(B)(6) Or, In The Alternative, Motion To Transfer Based On Forum Non Con[244], MOTION to Dismiss for Lack of Jurisdiction Lack Of Subject Matter Jurisdiction, Improper Venue, And Failure To State A Claim Under Fed. R. Civ. Proc. 12(B)(6) Or, In The Alternative, Motion To Transfer Based On Forum Non Conveniens MOTION to Dismiss for Lack of Jurisdiction Lack Of Subject Matter Jurisdiction, Improper Venue, And Failure To State A Claim Under Fed. R. Civ. Proc. 12(B)(6) Or, In The Alternative, Motion To Transfer Based On Forum Non Conveniens[239] filed by Defendants Union Charter, Ltd., David A. Schwedel. (Rovens, Douglas)
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Legal Document (Payment Possibly Required) 284 Filed: 10/16/2009, Entered: 10/16/2009 Objection/Opposition (Motion related)
OBJECTIONS in support of re: MOTION to Dismiss Plaintiff's Third Amended Complaint[237] Objecting to Plaintiffs' Request for Judicial Notice and Evidence filed by Defendant UBS AG. (Kitchens, Dean)
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Legal Document (Payment Possibly Required) 283 Filed: 10/16/2009, Entered: 10/16/2009 Reply (Motion related)
REPLY in support of motions to dismiss MOTION to Dismiss for Lack of Jurisdiction Deficient Service Of Process, Lack Of Personal Jurisdiction, Improper Venue, And Failure To State A Claim Under Fed. R. Civ. Proc. 12(B)(6) Or, In The Alternative, Motion To Transfer Based On Forum Non Con MOTION to Dismiss for Lack of Jurisdiction Deficient Service Of Process, Lack Of Personal Jurisdiction, Improper Venue, And Failure To State A Claim Under Fed. R. Civ. Proc. 12(B)(6) Or, In The Alternative, Motion To Transfer Based On Forum Non Con[244], MOTION to Dismiss for Lack of Jurisdiction Lack Of Subject Matter Jurisdiction, Improper Venue, And Failure To State A Claim Under Fed. R. Civ. Proc. 12(B)(6) Or, In The Alternative, Motion To Transfer Based On Forum Non Conveniens MOTION to Dismiss for Lack of Jurisdiction Lack Of Subject Matter Jurisdiction, Improper Venue, And Failure To State A Claim Under Fed. R. Civ. Proc. 12(B)(6) Or, In The Alternative, Motion To Transfer Based On Forum Non Conveniens[239] filed by Defendants Union Charter, Ltd., David A. Schwedel. (Rovens, Douglas)
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Legal Document (Payment Possibly Required) 282 Filed: 10/16/2009, Entered: 10/16/2009 Reply (Motion related)
REPLY in support of MOTION to Dismiss Plaintiff's Third Amended Complaint[237] filed by Defendant UBS AG. (Kitchens, Dean)
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Legal Document (Payment Possibly Required) 281 Filed: 10/16/2009, Entered: 10/16/2009 Reply (Motion related)
REPLY In support of MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim, as to Plaintiffs' Third Amended Complaint,[233] filed by Defendant Bradley Birkenfeld. (Miller, Kenneth)
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Legal Document (Payment Possibly Required) 280 Filed: 10/16/2009, Entered: 10/16/2009 Reply (Motion related)
REPLY In support of motion MOTION to Dismiss Case (Plaintiffs' Third Amended Complaint) for Improper Venue; Alternatively, Motion to Dismiss for Forum Non Conveniens MOTION to Dismiss Case (Plaintiffs' Third Amended Complaint) for Improper Venue; Alternatively, Motion to Dismiss for Forum Non Conveniens[235] filed by Defendant Bradley Birkenfeld. (Miller, Kenneth)
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Legal Document (Payment Possibly Required) 279 Filed: 10/13/2009, Entered: 10/13/2009 Response in Opposition to Motion
OPPOSITION to MOTION to Dismiss for Lack of Jurisdiction , Lack Of Subject Matter Jurisdiction, Improper Venue, And Failure To State A Claim Under Fed. R. Civ. Proc. 12(B)(6) Or, In The Alternative, Motion To Transfer Based On Forum Non Conveniens; Memorandum of MOTION to Dismiss for Lack of Jurisdiction , Lack Of Subject Matter Jurisdiction, Improper Venue, And Failure To State A Claim Under Fed. R. Civ. Proc. 12(B)(6) Or, In The Alternative, Motion To Transfer Based On Forum Non Conveniens; Memorandum of MOTION to Dismiss for Lack of Jurisdiction , Lack Of Subject Matter Jurisdiction, Improper Venue, And Failure To State A Claim Under Fed. R. Civ. Proc. 12(B)(6) Or, In The Alternative, Motion To Transfer Based On Forum Non Conveniens; Memorandum of[252] filed by Plaintiffs Igor Olenicoff, Olen Properties Corp.. (Attachments: # (1) Declaration of Argang Schariat-Rasawy, # (2) Objection to Judicial Notice, # (3) Proof of Service)(King, William)
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Legal Document (Payment Possibly Required) 278 Filed: 10/13/2009, Entered: 10/13/2009 Response in Opposition to Motion
OPPOSITION to MOTION to Dismiss Plaintiffs' Third Amended Complaint[259] filed by Plaintiffs Igor Olenicoff, Olen Properties Corp.. (Attachments: # (1) Declaration OF Argang Schariat-Rasawy, # (2) Declaration of S. Jacoby, # (3) Exhibit to Declaration of S. Jacoby, # (4) Proof of Service)(King, William)
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Legal Document (Payment Possibly Required) 277 Filed: 10/13/2009, Entered: 10/13/2009 Response in Opposition to Motion
OPPOSITION to MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim[256] filed by Plaintiffs Igor Olenicoff, Olen Properties Corp.. (Attachments: # (1) Declaration of Argang Schariat-Rasawy, # (2) Declaration Of William J. King, # (3) Exhibit B to Declaration of William J. King, # (4) Exhibit A to Declaration of William J. King, # (5) Objection to Declaration of Knight, # (6) Objection to Declaration of Michie, # (7) Proof of Service)(King, William)
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Legal Document (Payment Possibly Required) 276 Filed: 10/13/2009, Entered: 10/13/2009 Minutes of In Chambers Order/Directive - no proceeding heldCourt Filing
MINUTES OF IN CHAMBERS ORDER Continuing Hearing on Motion to Dismiss of Defendants Neue Bank et al held before Judge Andrew J. Guilford [225]. On the Courts own Motion, and for reasons of calendar management, the hearing on the for the Motion to Dismiss for Lack of Jurisdiction, Improper Venue, and Failure to State a Claim filed by Defendants Neue Bank, AG, Georg Vogt, Hermann Wille, Paul Buchel, Jost Pilgrim, Willi Wolfinger, Stephan Laternser, and Arnold Wille, (Docket Entry 225), currently scheduled for October 19, 2009, is continued to November 9, 2009, at 10:00 a.m. (db)
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Legal Document (Payment Possibly Required) 275 Filed: 10/9/2009, Entered: 10/9/2009 Notice of Deficiency in Electronically Filed Documents (G-112A)
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Title page is missing RE: Proof of Service (subsequent documents)[273], Proof of Service (subsequent documents)[274]. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (rrp)
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Legal Document (Payment Possibly Required) 274 Filed: 10/8/2009, Entered: 10/8/2009 Proof of Service (subsequent documents)
AMENDED PROOF OF SERVICE OF SERVICE filed by PLAINTIFF Igor Olenicoff, Olen Properties Corp., ON DEFENDANT SCOTT MACAW served on MAY 20, 2009. (Ault, Julie)
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Legal Document (Payment Possibly Required) 273 Filed: 10/8/2009, Entered: 10/8/2009 Proof of Service (subsequent documents)
PROOF OF SERVICE filed by PLAINTIFF Scott Macaw, served on MAY 20, 2009. (Ault, Julie)
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Legal Document (Payment Possibly Required) 272 Filed: 10/6/2009, Entered: 10/6/2009 Response in Opposition to Motion
OPPOSITION to MOTION to Dismiss Plaintiff's Third Amended Complaint[237] filed by Plaintiffs Igor Olenicoff, Olen Properties Corp.. (Attachments: # (1) Declaration of Argang Schariat-Rasawy, # (2) Declaration of Igor Olenicoff, # (3) Objection to Judicial Notice, # (4) Request for Judicial Notice, # (5) Exhibit 1 to Request for Judicial Notice, # (6) Exhibit 2 to Request for Judicial Notice, # (7) Proof of Service)(King, William)
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Legal Document (Payment Possibly Required) 271 Filed: 10/6/2009, Entered: 10/6/2009 Response in Opposition to Motion
OPPOSITION to MOTION to Dismiss for Lack of Jurisdiction Deficient Service Of Process, Lack Of Personal Jurisdiction, Improper Venue, And Failure To State A Claim Under Fed. R. Civ. Proc. 12(B)(6) Or, In The Alternative, Motion To Transfer Based On Forum Non Con MOTION to Dismiss for Lack of Jurisdiction Deficient Service Of Process, Lack Of Personal Jurisdiction, Improper Venue, And Failure To State A Claim Under Fed. R. Civ. Proc. 12(B)(6) Or, In The Alternative, Motion To Transfer Based On Forum Non Con[244], MOTION to Dismiss for Lack of Jurisdiction Lack Of Subject Matter Jurisdiction, Improper Venue, And Failure To State A Claim Under Fed. R. Civ. Proc. 12(B)(6) Or, In The Alternative, Motion To Transfer Based On Forum Non Conveniens MOTION to Dismiss for Lack of Jurisdiction Lack Of Subject Matter Jurisdiction, Improper Venue, And Failure To State A Claim Under Fed. R. Civ. Proc. 12(B)(6) Or, In The Alternative, Motion To Transfer Based On Forum Non Conveniens[239] filed by Plaintiffs Igor Olenicoff, Olen Properties Corp.. (Attachments: # (1) Obejction to Request for Judicial Notice, # (2) Declaration of Argang Schariat-Rasawy, # (3) Declaration of Igor Olenicoff, # (4) Declaration of William J. King, # (5) Exhibit A to Declaration of William J. King)(King, William)
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Legal Document (Payment Possibly Required) 270 Filed: 10/6/2009, Entered: 10/6/2009 Response in Opposition to Motion
OPPOSITION to MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim, as to Plaintiffs' Third Amended Complaint,[233] filed by Plaintiffs Igor Olenicoff, Olen Properties Corp.. (Attachments: # (1) Declaration Declaration of Argang Schariat-Rasawy, # (2) Declaration of William J. King, # (3) Exhibit A to Declaration of William J. King, # (4) Objections to Declaration of B. Birkenfeld, # (5) Notice of Prior Lodging, # (6) Exhibit 1 to Notice of Prior Lodging, # (7) Declaration 2 to Notice of Prior Lodging)(King, William)
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Legal Document (Payment Possibly Required) 269 Filed: 10/6/2009, Entered: 10/6/2009 Response in Opposition to Motion
OPPOSITION to MOTION to Dismiss Case (Plaintiffs' Third Amended Complaint) for Improper Venue; Alternatively, Motion to Dismiss for Forum Non Conveniens MOTION to Dismiss Case (Plaintiffs' Third Amended Complaint) for Improper Venue; Alternatively, Motion to Dismiss for Forum Non Conveniens[235] filed by Plaintiffs Igor Olenicoff, Olen Properties Corp.. (Attachments: # (1) Declaration of William J. King, # (2) Exhibit A to Declaration of William J. King, # (3) Exhibit B to Declaration of William J. King, # (4) Declaration Igor Olenicoff, # (5) Objections to Bradley Birkenfelds Declaration, # (6) Request for Judicial Notice, # (7) Exhibit 1 to Request for Judicial Notice, # (8) Proof of Service)(King, William)
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Legal Document (Payment Possibly Required) 268 Filed: 10/6/2009, Entered: 10/6/2009 Objection/Opposition (Motion related)
OBJECTION TO PLAINTIFFS' EVIDENCE SUBMITTED WITH OPPOSITION TO MOTION TO DISMISS re: MOTION to Dismiss for Lack of Jurisdiction , Improper Venue, and Failure to State a Claim; Memorandum of Points and Authorities; Declarations of Reinhard Malin, Georg Vogt, Hermann Wille, Paul Buchel, Jost Pilgrim, Willi Wolfinger, Stefan Laternser[225] filed by Defendants Neue Bank, AG, Georg Vogt, Hermann Wille, Paul Buchel, Jost Pilgrim, Willi Wolfinger, Stephan Laternser, Arnold Wille. (Grad, Richard)
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Legal Document (Payment Possibly Required) 267 Filed: 10/6/2009, Entered: 10/6/2009 Reply (Motion related)
REPLY TO PLAINTIFF'S OBJECTIONS TO REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION TO DISMISS filed by Defendants Neue Bank, AG, Georg Vogt, Hermann Wille, Paul Buchel, Jost Pilgrim, Willi Wolfinger, Stephan Laternser, Arnold Wille. (Grad, Richard)
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Legal Document (Payment Possibly Required) 266 Filed: 10/6/2009, Entered: 10/6/2009 Response in Support of Motion
RESPONSE IN SUPPORT of MOTION to Dismiss for Lack of Jurisdiction , Improper Venue, and Failure to State a Claim; Memorandum of Points and Authorities; Declarations of Reinhard Malin, Georg Vogt, Hermann Wille, Paul Buchel, Jost Pilgrim, Willi Wolfinger, Stefan Laternser[225] filed by Defendants Neue Bank, AG, Georg Vogt, Hermann Wille, Paul Buchel, Jost Pilgrim, Willi Wolfinger, Stephan Laternser, Arnold Wille. (Grad, Richard)
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Sealed Legal Document 265 Filed: 9/29/2009, Entered: 10/6/2009 Exhibit
SEALED DOCUMENT - EXHIBITS A, B AND C IN SUPPORT OF BRADLEY BIRKENFELD'S MOTIONS TO DISMISS PLAINTIFFS' THIRD AMENDED COMPLAINT (rla) Modified on 10/8/2009 (rla).
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Legal Document (Payment Possibly Required) 264 Filed: 9/29/2009, Entered: 9/30/2009 Order on Application to Seal (document)Court Filing
ORDER by Judge Andrew J. Guilford granting Application to File Under Seal [263] (mt)
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Legal Document (Payment Possibly Required) 263 Filed: 9/29/2009, Entered: 9/30/2009 Application to Seal
NOTICE AND APPLICATION to Seal Documents filed by defendant Bradley Birkenfeld. (mt)
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Legal Document (Payment Possibly Required) 262 Filed: 9/28/2009, Entered: 9/28/2009 Objection/Opposition (Motion related)
Opposition opposition to re: MOTION to Dismiss for Lack of Jurisdiction , Improper Venue, and Failure to State a Claim; Memorandum of Points and Authorities; Declarations of Reinhard Malin, Georg Vogt, Hermann Wille, Paul Buchel, Jost Pilgrim, Willi Wolfinger, Stefan Laternser[225] filed by Plaintiffs Igor Olenicoff, Olen Properties Corp.. (Attachments: # (1) Declaration of Argang Schariat-Rasawy, # (2) Objection to Judicial Notice, # (3) Declaration of William J. King, # (4) Exhibit A to Declaration of William J. King, # (5) Exhibit B to Declaration of William J. King)(King, William)
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Legal Document (Payment Possibly Required) 261 Filed: 9/25/2009, Entered: 9/25/2009 Notice (Other)
NOTICE OF JOINDER AND JOINDER OF DEFENDANTS NEUE BANK AG, GEORG VOGT, HERMANN WILLE, PAUL BCHEL, JOST PILGRIM, WILLI WOLFINGER, STEFAN LATERNSER, AND ARNOLD WILLE IN UBS AGS NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFFS THIRD AMENDED COMPLAINT filed by Defendants Neue Bank, AG, Georg Vogt, Hermann Wille, Paul Buchel, Jost Pilgrim, Willi Wolfinger, Stephan Laternser, Arnold Wille. (Grad, Richard)
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Legal Document (Payment Possibly Required) 260 Filed: 9/23/2009, Entered: 9/23/2009 Request For Judicial Notice
REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Plaintiffs' Third Amended Complaint[259] filed by Defendants Synthesis Energy Systems, Inc., Michael Storey, Timothy Vail, David Eichinger. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3)(Magnuson, Molly)
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Legal Document (Payment Possibly Required) 259 Filed: 9/23/2009, Entered: 9/23/2009, Terminated: 3/16/2010 Motion to DismissCourt Filing
NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Third Amended Complaint filed by Defendants Synthesis Energy Systems, Inc., Michael Storey, Timothy Vail, David Eichinger. Motion set for hearing on 11/9/2009 at 10:00 AM before Judge Andrew J. Guilford. (Magnuson, Molly)
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Legal Document (Payment Possibly Required) 258 Filed: 9/23/2009, Entered: 9/23/2009 Declaration (Motion related)
DECLARATION of Robert Knight in support of motion to dismiss MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim[256] filed by Defendants Robert Knight, Knight Financial, LTD. (Sanders, Justin)
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Legal Document (Payment Possibly Required) 257 Filed: 9/23/2009, Entered: 9/23/2009 Declaration (Motion related)
DECLARATION of James Alexander Michie in support of motion to dismiss MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim[256] filed by Defendants James Alexander Michie, GM Capital Partners, LTD.. (Sanders, Justin)
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Legal Document (Payment Possibly Required) 256 Filed: 9/23/2009, Entered: 9/23/2009, Terminated: 3/16/2010 Motion to DismissCourt Filing
NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by Specially-appearing defendants James Alexander Michie, GM Capital Partners, LTD., Robert Knight, Knight Financial, LTD. Motion set for hearing on 11/9/2009 at 10:00 AM before Judge Andrew J. Guilford. (Attachments: # (1) Proposed Order Granting Specially-Appearing Defendants' Motion to Dismiss)(Sanders, Justin)
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Legal Document (Payment Possibly Required) 255 Filed: 9/22/2009, Entered: 9/22/2009 Notice of Lodging
NOTICE OF LODGING filed re MOTION to Dismiss for Lack of Jurisdiction , Lack Of Subject Matter Jurisdiction, Improper Venue, And Failure To State A Claim Under Fed. R. Civ. Proc. 12(B)(6) Or, In The Alternative, Motion To Transfer Based On Forum Non Conveniens; Memorandum of MOTION to Dismiss for Lack of Jurisdiction , Lack Of Subject Matter Jurisdiction, Improper Venue, And Failure To State A Claim Under Fed. R. Civ. Proc. 12(B)(6) Or, In The Alternative, Motion To Transfer Based On Forum Non Conveniens; Memorandum of MOTION to Dismiss for Lack of Jurisdiction , Lack Of Subject Matter Jurisdiction, Improper Venue, And Failure To State A Claim Under Fed. R. Civ. Proc. 12(B)(6) Or, In The Alternative, Motion To Transfer Based On Forum Non Conveniens; Memorandum of[252] (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Brys, Laura)
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Legal Document (Payment Possibly Required) 254 Filed: 9/22/2009, Entered: 9/22/2009 Request For Judicial Notice
REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss for Lack of Jurisdiction , Lack Of Subject Matter Jurisdiction, Improper Venue, And Failure To State A Claim Under Fed. R. Civ. Proc. 12(B)(6) Or, In The Alternative, Motion To Transfer Based On Forum Non Conveniens; Memorandum of MOTION to Dismiss for Lack of Jurisdiction , Lack Of Subject Matter Jurisdiction, Improper Venue, And Failure To State A Claim Under Fed. R. Civ. Proc. 12(B)(6) Or, In The Alternative, Motion To Transfer Based On Forum Non Conveniens; Memorandum of MOTION to Dismiss for Lack of Jurisdiction , Lack Of Subject Matter Jurisdiction, Improper Venue, And Failure To State A Claim Under Fed. R. Civ. Proc. 12(B)(6) Or, In The Alternative, Motion To Transfer Based On Forum Non Conveniens; Memorandum of[252] filed by Defendant Herb Lustig. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Brys, Laura)
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Legal Document (Payment Possibly Required) 253 Filed: 9/22/2009, Entered: 9/22/2009 Declaration (Motion related)
DECLARATION of Defendant Herb Lustig in support of MOTION to Dismiss for Lack of Jurisdiction , Lack Of Subject Matter Jurisdiction, Improper Venue, And Failure To State A Claim Under Fed. R. Civ. Proc. 12(B)(6) Or, In The Alternative, Motion To Transfer Based On Forum Non Conveniens; Memorandum of MOTION to Dismiss for Lack of Jurisdiction , Lack Of Subject Matter Jurisdiction, Improper Venue, And Failure To State A Claim Under Fed. R. Civ. Proc. 12(B)(6) Or, In The Alternative, Motion To Transfer Based On Forum Non Conveniens; Memorandum of MOTION to Dismiss for Lack of Jurisdiction , Lack Of Subject Matter Jurisdiction, Improper Venue, And Failure To State A Claim Under Fed. R. Civ. Proc. 12(B)(6) Or, In The Alternative, Motion To Transfer Based On Forum Non Conveniens; Memorandum of[252] filed by Defendant Herb Lustig. (Brys, Laura)
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Legal Document (Payment Possibly Required) 252 Filed: 9/22/2009, Entered: 9/22/2009, Terminated: 3/16/2010 Motion to DismissCourt Filing
NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction , Lack Of Subject Matter Jurisdiction, Improper Venue, And Failure To State A Claim Under Fed. R. Civ. Proc. 12(B)(6) Or, In The Alternative, Motion To Transfer Based On Forum Non Conveniens; Memorandum of Points and Authorities in Support Thereof filed by Defendant Herb Lustig. Motion set for hearing on 11/9/2009 at 10:00 AM before Judge Andrew J. Guilford. (Attachments: # (1) Proposed Order Granting Defendant Herb Lustig's Motion to Dismiss)(Brys, Laura)
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Legal Document (Payment Possibly Required) 251 Filed: 9/21/2009, Entered: 9/21/2009 Stipulation to Substitute Attorney
STIPULATION to Substitute attorney Douglas J. Rovens in place of attorney Mark Romeo filed by Defendants Union Charter, Ltd., David A. Schwedel.(Rovens, Douglas)
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Legal Document (Payment Possibly Required) 250 Filed: 9/17/2009, Entered: 9/17/2009 Request For Judicial Notice
REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss for Lack of Jurisdiction Deficient Service Of Process, Lack Of Personal Jurisdiction, Improper Venue, And Failure To State A Claim Under Fed. R. Civ. Proc. 12(B)(6) Or, In The Alternative, Motion To Transfer Based On Forum Non Con MOTION to Dismiss for Lack of Jurisdiction Deficient Service Of Process, Lack Of Personal Jurisdiction, Improper Venue, And Failure To State A Claim Under Fed. R. Civ. Proc. 12(B)(6) Or, In The Alternative, Motion To Transfer Based On Forum Non Con[244], MOTION to Dismiss for Lack of Jurisdiction Lack Of Subject Matter Jurisdiction, Improper Venue, And Failure To State A Claim Under Fed. R. Civ. Proc. 12(B)(6) Or, In The Alternative, Motion To Transfer Based On Forum Non Conveniens MOTION to Dismiss for Lack of Jurisdiction Lack Of Subject Matter Jurisdiction, Improper Venue, And Failure To State A Claim Under Fed. R. Civ. Proc. 12(B)(6) Or, In The Alternative, Motion To Transfer Based On Forum Non Conveniens[239] filed by Defendant David A. Schwedel. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O, # (16) Exhibit P)(Romeo, Mark)
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Legal Document (Payment Possibly Required) 249 Filed: 9/17/2009, Entered: 9/17/2009 Notice (Other)
NOTICE filed by Defendant David A. Schwedel. Of Errata (Romeo, Mark)
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Legal Document (Payment Possibly Required) 248 Filed: 9/17/2009, Entered: 9/17/2009 OrderCourt Filing
ORDER Granting Extension for Specially-Appearing Defendant Herb Lustig to Respond to Plaintiffs' Third Amended Complaint by Judge Andrew J. Guilford, re Stipulation for Extension of Time to File Response/Reply[223]. 1. Lustig shall have an extension to respond to the Third Amended Complaint until September 23, 2009; 2. Plaintiffs Opposition to any motion to dismiss filed by Lustig shall be filed on or before October 13, 2009; 3. Any Reply brief from Lustig must be filed on or before October 23, 2009; and 4. Any hearings on Lustigs motion to dismiss the Third Amended Complaint shall be set for November 9, 2009 at 10:00 a.m 5. Lustig specifically reserves his right to challenge jurisdiction, and Lustig does not waive any rights or defenses by entering into this stipulation. (db)
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Legal Document (Payment Possibly Required) 247 Filed: 9/17/2009, Entered: 9/17/2009 Order Extending Answer Due DeadlineCourt Filing
ORDER granting Stipulation to Extend Time to Respond to Third Amended Complaint, by Judge Andrew J. Guilford [224]. IT ISHEREBY ORDERED THAT:1. Defendants Synthesis Energy Systems, Inc. (SES), Michael Storey, TimothyVail and David Eichinger (collectively, the SES Defendants), shall have untilSeptember 23, 2009 to respond to Plaintiffs Third Amended Complaint, whether by way of answer, a motion under Rule 12, or otherwise.2. Plaintiffs Opposition to any motion to dismiss filed by the SES Defendantsshall be filed on or before October 13, 2009. 3. Any reply brief from the SES Defendants must be filed on or before October 23, 2009. 4. Any hearing on the SES Defendants motion to dismiss the Third Amended Complaint shall be set for November 9, 2009, at 10:00 a.m. (db)
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Legal Document (Payment Possibly Required) 246 Filed: 9/16/2009, Entered: 9/16/2009 Declaration (Motion related)
DECLARATION of David A. Schwedel in Support of MOTION to Dismiss for Lack of Jurisdiction Deficient Service Of Process, Lack Of Personal Jurisdiction, Improper Venue, And Failure To State A Claim Under Fed. R. Civ. Proc. 12(B)(6) Or, In The Alternative, Motion To Transfer Based On Forum Non Con MOTION to Dismiss for Lack of Jurisdiction Deficient Service Of Process, Lack Of Personal Jurisdiction, Improper Venue, And Failure To State A Claim Under Fed. R. Civ. Proc. 12(B)(6) Or, In The Alternative, Motion To Transfer Based On Forum Non Con[244] filed by Defendant Union Charter, Ltd.. (Attachments: # (1) Exhibit A)(Romeo, Mark)
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Legal Document (Payment Possibly Required) 245 Filed: 9/16/2009, Entered: 9/16/2009 Memorandum in Support of Motion
MEMORANDUM in Support of MOTION to Dismiss for Lack of Jurisdiction Deficient Service Of Process, Lack Of Personal Jurisdiction, Improper Venue, And Failure To State A Claim Under Fed. R. Civ. Proc. 12(B)(6) Or, In The Alternative, Motion To Transfer Based On Forum Non Con MOTION to Dismiss for Lack of Jurisdiction Deficient Service Of Process, Lack Of Personal Jurisdiction, Improper Venue, And Failure To State A Claim Under Fed. R. Civ. Proc. 12(B)(6) Or, In The Alternative, Motion To Transfer Based On Forum Non Con[244] filed by Defendant Union Charter, Ltd.. (Romeo, Mark)
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Legal Document (Payment Possibly Required) 244 Filed: 9/16/2009, Entered: 9/16/2009, Terminated: 3/16/2010 Motion to DismissCourt Filing
NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction Deficient Service Of Process, Lack Of Personal Jurisdiction, Improper Venue, And Failure To State A Claim Under Fed. R. Civ. Proc. 12(B)(6) Or, In The Alternative, Motion To Transfer Based On Forum Non Conveniens filed by Defendant Union Charter, Ltd.. Motion set for hearing on 11/9/2009 at 10:00 AM before Judge Andrew J. Guilford. (Attachments: # (1) Proposed Order)(Romeo, Mark)
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Legal Document (Payment Possibly Required) 243 Filed: 9/16/2009, Entered: 9/16/2009 Notice of Lodging
NOTICE OF LODGING filed Foreign Authorities in Support re MOTION to Dismiss for Lack of Jurisdiction Lack Of Subject Matter Jurisdiction, Improper Venue, And Failure To State A Claim Under Fed. R. Civ. Proc. 12(B)(6) Or, In The Alternative, Motion To Transfer Based On Forum Non Conveniens MOTION to Dismiss for Lack of Jurisdiction Lack Of Subject Matter Jurisdiction, Improper Venue, And Failure To State A Claim Under Fed. R. Civ. Proc. 12(B)(6) Or, In The Alternative, Motion To Transfer Based On Forum Non Conveniens[239] (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Romeo, Mark)
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Legal Document (Payment Possibly Required) 242 Filed: 9/16/2009, Entered: 9/16/2009 Request For Judicial Notice
REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss for Lack of Jurisdiction Lack Of Subject Matter Jurisdiction, Improper Venue, And Failure To State A Claim Under Fed. R. Civ. Proc. 12(B)(6) Or, In The Alternative, Motion To Transfer Based On Forum Non Conveniens MOTION to Dismiss for Lack of Jurisdiction Lack Of Subject Matter Jurisdiction, Improper Venue, And Failure To State A Claim Under Fed. R. Civ. Proc. 12(B)(6) Or, In The Alternative, Motion To Transfer Based On Forum Non Conveniens[239] filed by Defendant David A. Schwedel. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O)(Romeo, Mark)
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Legal Document (Payment Possibly Required) 241 Filed: 9/16/2009, Entered: 9/16/2009 Declaration (Motion related)
DECLARATION of David A. Schwedel in Support of MOTION to Dismiss for Lack of Jurisdiction Lack Of Subject Matter Jurisdiction, Improper Venue, And Failure To State A Claim Under Fed. R. Civ. Proc. 12(B)(6) Or, In The Alternative, Motion To Transfer Based On Forum Non Conveniens MOTION to Dismiss for Lack of Jurisdiction Lack Of Subject Matter Jurisdiction, Improper Venue, And Failure To State A Claim Under Fed. R. Civ. Proc. 12(B)(6) Or, In The Alternative, Motion To Transfer Based On Forum Non Conveniens[239] filed by Defendant David A. Schwedel. (Attachments: # (1) Exhibit A)(Romeo, Mark)
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Legal Document (Payment Possibly Required) 240 Filed: 9/16/2009, Entered: 9/16/2009 Memorandum in Support of Motion
MEMORANDUM in Support of MOTION to Dismiss for Lack of Jurisdiction Lack Of Subject Matter Jurisdiction, Improper Venue, And Failure To State A Claim Under Fed. R. Civ. Proc. 12(B)(6) Or, In The Alternative, Motion To Transfer Based On Forum Non Conveniens MOTION to Dismiss for Lack of Jurisdiction Lack Of Subject Matter Jurisdiction, Improper Venue, And Failure To State A Claim Under Fed. R. Civ. Proc. 12(B)(6) Or, In The Alternative, Motion To Transfer Based On Forum Non Conveniens[239] filed by Defendant David A. Schwedel. (Romeo, Mark)
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Legal Document (Payment Possibly Required) 239 Filed: 9/16/2009, Entered: 9/16/2009, Terminated: 3/16/2010 Motion to DismissCourt Filing
NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction Lack Of Subject Matter Jurisdiction, Improper Venue, And Failure To State A Claim Under Fed. R. Civ. Proc. 12(B)(6) Or, In The Alternative, Motion To Transfer Based On Forum Non Conveniens filed by Defendant David A. Schwedel. Motion set for hearing on 11/9/2009 at 10:00 AM before Judge Andrew J. Guilford. (Attachments: # (1) Proposed Order)(Romeo, Mark)
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Legal Document (Payment Possibly Required) 238 Filed: 9/16/2009, Entered: 9/16/2009 Request For Judicial Notice
REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Plaintiff's Third Amended Complaint[237] filed by Defendant UBS AG. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Declaration of Kristopher P. Diulio in Support of)(Kitchens, Dean)
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Legal Document (Payment Possibly Required) 237 Filed: 9/16/2009, Entered: 9/16/2009, Terminated: 3/16/2010 Motion to DismissCourt Filing
NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Third Amended Complaint filed by Defendant UBS AG. Motion set for hearing on 10/26/2009 at 10:00 AM before Judge Andrew J. Guilford. (Kitchens, Dean)
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Legal Document (Payment Possibly Required) 236 Filed: 9/16/2009, Entered: 9/16/2009 Notice of Manual Filing (G-92)
NOTICE of Manual Filing filed by Defendant Bradley Birkenfeld of 1) Application to File Under Seal, 2) Proposed Order re Application; and 3) Exhibits A through C in Support of Defendant Bradley Birkenfeld's Motions to Dismiss Plaintiffs' Third Amended Complaint. (Miller, Kenneth)
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Legal Document (Payment Possibly Required) 235 Filed: 9/16/2009, Entered: 9/16/2009, Terminated: 3/16/2010 Motion to DismissCourt Filing
NOTICE OF MOTION AND MOTION to Dismiss Case (Plaintiffs' Third Amended Complaint) for Improper Venue; Alternatively, Motion to Dismiss for Forum Non Conveniens filed by Defendant Bradley Birkenfeld. Motion set for hearing on 10/26/2009 at 10:00 AM before Judge Andrew J. Guilford. (Attachments: # (1) Declaration of Bradley Birkenfeld)(Miller, Kenneth)
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Legal Document (Payment Possibly Required) 234 Filed: 9/16/2009, Entered: 9/16/2009 Request For Judicial Notice
REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim, as to Plaintiffs' Third Amended Complaint,[233] filed by Defendant Bradley Birkenfeld. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3)(Miller, Kenneth)
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Legal Document (Payment Possibly Required) 233 Filed: 9/16/2009, Entered: 9/16/2009, Terminated: 3/16/2010 Motion to DismissCourt Filing
NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim, as to Plaintiffs' Third Amended Complaint, filed by Defendant Bradley Birkenfeld. Motion set for hearing on 10/26/2009 at 10:00 AM before Judge Andrew J. Guilford. (Miller, Kenneth)
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Legal Document (Payment Possibly Required) 232 Filed: 9/15/2009, Entered: 9/15/2009 OrderCourt Filing
ORDER by Judge Andrew J. Guilford. Defendants James Alexander Michie, Robert Knight, GM Capital Partners and Knight Financial, Ltd. (Defendants) shall have an extension until September 23, 2009 to respond to the Third AmendedComplaint. Plaintiffs Opposition to any responsive motion(s) filed by Defendants shall be filed on or before October 13, 2009. Any Reply brief from Defendants must be filed on or before October 23, 2009. Any hearing on Defendants responsive motion(s) to the Third Amended Complaint shall be set for November 9, 2009 at 10:00 a.m. (db)
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Legal Document (Payment Possibly Required) 231 Filed: 9/15/2009, Entered: 9/15/2009 OrderCourt Filing
ORDER by Judge Andrew J. Guilford. Pursuant to the stipulation of the parties and good causing having been shown, IT ISORDERED, ADJUDGED AND DECREED THAT: 1. David A. Schwedel shall have an extension until September 16, 2009 to respond to the Third Amended Complaint. 2. Plaintiffs Opposition to any responsive motion(s) filed by David A.Schwedel shall be filed on or before October 6, 2009. 3. Any Reply brief from David A. Schwedel must be filed on or before October 16, 2009. 4. Any hearing on David A. Schwedels responsive motion(s) to the Third Amended Complaint shall be set for November 9, 2009 at 10:00 a.m. (db)
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Legal Document (Payment Possibly Required) 230 Filed: 9/15/2009, Entered: 9/15/2009 Order Extending Answer Due DeadlineCourt Filing
ORDER by Judge Andrew J. Guilford. Pursuant to the stipulation of the parties and good causing having been hown, IT IS ORDERED, ADJUDGED AND DECREED THAT: 1. Union Charter shall have an extension until September 16, 2009 to respond to the Third Amended Complaint. 2. Plaintiffs Opposition to any responsive motion(s) filed by Union Charter shall be filed on or before October 6, 2009. 3. Any Reply brief from Union Charter must be filed on or before October 16, 2009. 4. Any hearing on Union Charters responsive motion(s) to the Third Amended Complaint shall be set for November 9, 2009 at 10:00 a.m. (db)
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Legal Document (Payment Possibly Required) 229 Filed: 9/14/2009, Entered: 9/14/2009 Stipulation for Extension of Time to File Response/Reply
STIPULATION for Extension of Time to File Response as to Amended Document (Non-Motion), Amended Document (Non-Motion)[215] filed by Defendant Union Charter, Ltd.. (Attachments: # (1) Proposed Order)(Romeo, Mark)
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Legal Document (Payment Possibly Required) 228 Filed: 9/14/2009, Entered: 9/14/2009 Stipulation for Extension of Time to File Response/Reply
STIPULATION for Extension of Time to File Response as to Amended Document (Non-Motion), Amended Document (Non-Motion)[215] filed by Defendant David A. Schwedel. (Attachments: # (1) Proposed Order)(Romeo, Mark)
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Legal Document (Payment Possibly Required) 227 Filed: 9/14/2009, Entered: 9/14/2009 Notice of Lodging
NOTICE OF LODGING filed re MOTION to Dismiss for Lack of Jurisdiction , Improper Venue, and Failure to State a Claim; Memorandum of Points and Authorities; Declarations of Reinhard Malin, Georg Vogt, Hermann Wille, Paul Buchel, Jost Pilgrim, Willi Wolfinger, Stefan Laternser[225] (Attachments: # (1) Proposed Order Granting Motion of Defendants Neue Bank AG, Georg Vogt, Hermann Wille, Paul Buchel, Jost Pilgrim, Willi Wolfinger, Stefan Laternser, and Arnold Wille to Dismiss for Lack of Personal Jurisdication, Improper Venue, and Failure to State a Claim)(Grad, Richard)
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Legal Document (Payment Possibly Required) 226 Filed: 9/14/2009, Entered: 9/14/2009 Request For Judicial Notice
REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss for Lack of Jurisdiction , Improper Venue, and Failure to State a Claim; Memorandum of Points and Authorities; Declarations of Reinhard Malin, Georg Vogt, Hermann Wille, Paul Buchel, Jost Pilgrim, Willi Wolfinger, Stefan Laternser[225] filed by Defendants Neue Bank, AG, Georg Vogt, Hermann Wille, Paul Buchel, Jost Pilgrim, Willi Wolfinger, Stephan Laternser, Arnold Wille. (Attachments: # (1) Exhibit A to Request for Judicial Notice in Support of Motion to Dismiss of Defendants Neue Bank, AG, et al., # (2) Exhibit B to Request for Judicial Notice in Support of Motion to Dismiss of Defendants Neue Bank, AG, et al.)(Grad, Richard)
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Legal Document (Payment Possibly Required) 225 Filed: 9/14/2009, Entered: 9/14/2009, Terminated: 3/16/2010 Motion to DismissCourt Filing
NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction , Improper Venue, and Failure to State a Claim; Memorandum of Points and Authorities; Declarations of Reinhard Malin, Georg Vogt, Hermann Wille, Paul Buchel, Jost Pilgrim, Willi Wolfinger, Stefan Laternser, and Arnold Wille filed by Defendants Neue Bank, AG, Georg Vogt, Hermann Wille, Paul Buchel, Jost Pilgrim, Willi Wolfinger, Stephan Laternser, Arnold Wille. Motion set for hearing on 10/19/2009 at 10:00 AM before Judge Andrew J. Guilford. (Attachments: # (1) Declaration of Reinhard Malin, # (2) Declaration of Georg Vogt, # (3) Declaration of Hermann Wille, # (4) Declaration of Paul Buchel, # (5) Declaration of Jost Pilgrim, # (6) Declaration of Willi Wolfinger, # (7) Declaration of Stefan Laternser, # (8) Declaration of Arnold Wille, # (9) Exhibit A to Declaration of Arnold Wille, # (10) Exhibit B to Declaration of Arnold Wille)(Grad, Richard)
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Legal Document (Payment Possibly Required) 224 Filed: 9/10/2009, Entered: 9/10/2009 Stipulation for Extension of Time to File Response/Reply
Joint STIPULATION for Extension of Time to File Respond as to Amended Document (Non-Motion), Amended Document (Non-Motion)[215] filed by Defendants Synthesis Energy Systems, Inc., Michael Storey, Timothy Vail, David Eichinger. (Attachments: # (1) Proposed Order)(Magnuson, Molly)
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Legal Document (Payment Possibly Required) 223 Filed: 9/10/2009, Entered: 9/10/2009 Stipulation for Extension of Time to File Response/Reply
Joint STIPULATION for Extension of Time to File Response to Third Amended Complaint filed by Defendant Herb Lustig. (Attachments: # (1) Proposed Order)(Brys, Laura)
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Legal Document (Payment Possibly Required) 222 Filed: 9/9/2009, Entered: 9/9/2009 OrderCourt Filing
ORDER Granting Extension for Defendants Neure Bank AG, George Vogt, Hermann Wille, Paul Buchel, Jost Pilgrim, Willi Wolfinger, Stefan Laternser and Arnold Willie to Respond to the Third Amended Complaint by Judge Andrew J. Guilford, re Stipulation for Extension of Time to File Response/Reply, 221]. IT IS HEREBY ORDERED THAT: 1. Defendants Neue Bank AG, Georg Vogt, Hermann Wille, Paul Bchel, Jost Pilgrim, Willi Wolfinger, Dr. Stefan Laternser, and Arnold Wille (collectively, the Neue Bank Defendants) shall respond to the Third Amended Complaint, by way of an answer or motion under Rule 12, on or before September 14, 2009. 2. Plaintiffs Opposition to any motion to dismiss filed by the Neue Bank Defendants must be filed on or before September 28, 2009.3. Any Reply brief to Plaintiffs Opposition must be filed on or beforeOctober 7, 2009. 4. The hearing for any motion to dismiss will be set for October 19, 2009 at 10:00 a.m. in Courtroom 10D of this Court. (db)
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Legal Document (Payment Possibly Required) 221 Filed: 9/9/2009, Entered: 9/9/2009 Stipulation for Extension of Time to File Response/Reply
Joint STIPULATION for Extension of Time to File Response to Third Amended Complaint as to Amended Document (Non-Motion), Amended Document (Non-Motion)[215] filed by specially-appearing defendants James Alexander Michie, GM Capital Partners, LTD., Robert Knight, Knight Financial, LTD. (Attachments: # (1) Proposed Order Granting Extension)(Sanders, Justin)
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Legal Document (Payment Possibly Required) 220 Filed: 9/9/2009, Entered: 9/9/2009 OrderCourt Filing
ORDER by Judge Andrew J. Guilford, re Stipulation for Extension of Time to File Response/Reply[219]. 1. Bradley Birkenfeld shall have an extension until September 16, 2009 to respond to the Third Amended Complaint.2. Plaintiffs Opposition to any responsive motion(s) filed by BradleyBirkenfeld shall be filed on or before October 6, 2009. 3. Any Reply brief from Bradley Birkenfeld must be filed on or before October 16, 2009.4. Any hearing on Bradley Birkenfelds responsive motion(s) to the Third Amended Complaint shall be set for October 26, 2009. (db)
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Legal Document (Payment Possibly Required) 219 Filed: 9/8/2009, Entered: 9/8/2009 Stipulation for Extension of Time to File Response/Reply
STIPULATION for Extension of Time to File Response to Plaintiffs' Third Amended Complaint filed by Defendant Bradley Birkenfeld. (Attachments: # (1) Proposed Order)(Miller, Kenneth)
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Legal Document (Payment Possibly Required) 218 Filed: 9/8/2009, Entered: 9/8/2009 Stipulation for Extension of Time to File Response/Reply
STIPULATION for Extension of Time to File filed by Defendants Neue Bank, AG, Georg Vogt, Hermann Wille, Paul Buchel, Jost Pilgrim, Willi Wolfinger, Stephan Laternser, Arnold Wille. (Attachments: # (1) Proposed Order)(Grad, Richard)
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Legal Document (Payment Possibly Required) 217 Filed: 9/8/2009, Entered: 9/8/2009 OrderCourt Filing
ORDER Granting Extension for Defendant UBS AG to Respond the Plaintiff's Third Amended Complaint by Judge Andrew J. Guilford, re Stipulation to Extend Time to Answer (More than 30 days)[216]. UBS AG shall have an extension until 09/16/2009 to respond to the Third Amended Complaint. Plaintiffs' Opposition to any motion to dismiss filed by UBS AG shall be filed on or before 10/06/2009. Any Reply brief from UBS AG must be filed on or before 10/16/2009. Any hearing on UBS AG's motion to dismiss the Third Amended Complaint shall be set for 10/26/2009. (db)
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Legal Document (Payment Possibly Required) 216 Filed: 9/4/2009, Entered: 9/4/2009 Stipulation to Extend Time to Answer (More than 30 days)
Joint STIPULATION for Extension of Time to File Answer to September 16, 2009 re Amended Document (Non-Motion), Amended Document (Non-Motion)[215] filed by defendant UBS AG. (Attachments: # (1) Proposed Order)(Diulio, Kristopher)
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Blank 215 Filed: 8/24/2009, Entered: 8/24/2009 Amended Document (Non-Motion)
AMENDED DOCUMENT filed by Plaintiffs Igor Olenicoff, Olen Properties Corp.. Third Amended Complaint (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G)(King, William)
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Legal Document (Payment Possibly Required) 214 Filed: 7/31/2009, Entered: 8/3/2009 Order on Motion to Dismiss CaseCourt Filing
ORDER by Judge Andrew J. Guilford: granting in part and denying in part [122] SES defendants' Motion to Dismiss Case. The Motion is DENIED as to Plaintiff's fourth, fifth, sixth, ninth, tenth, eleventh, and fifteenth claims. The Motion is GRANTED with leave to amend as to Plaintiff's seventh, and eighth claims. The motion is GRANTED without leave to amend as to plaintiff's twentieth claim for unjust enrichment. If plaintiffs wish to file a Third Amended Complaint, they may do so by August 24, 2009. (ade)
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Legal Document (Payment Possibly Required) 213 Filed: 7/15/2009, Entered: 7/15/2009 Stipulation for Order
STIPULATION for Order Dismissing Michie Defendants' Counter-Claim without prejudice filed by Plaintiff Olen Properties Corp.. (Attachments: # (1) Proposed Order re Stipulation to Withdraw Abuse of Process Counter-Claim)(King, William)
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Legal Document (Payment Possibly Required) 212 Filed: 7/9/2009, Entered: 7/9/2009 Notice (Other)
NOTICE of Unavailability filed by defendant David A. Schwedel, Das Family Holdings, LP. (McLuskey, John)
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Legal Document (Payment Possibly Required) 211 Filed: 7/2/2009, Entered: 7/2/2009 Notice of Deficiency in Electronically Filed Documents (G-112A)
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Title page is missing. RE: Service of Summons and Complaint Returned Executed (30 day)[202]. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (nca)
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Legal Document (Payment Possibly Required) 208 Filed: 6/25/2009, Entered: 6/25/2009 Certificate/Notice of Interested Parties
Notice of Interested Parties of Interested Parties filed by Defendants James Alexander Michie, GM Capital Partners, LTD., Robert Knight, Knight Financial, LTD, (Sanders, Justin)
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Legal Document (Payment Possibly Required) 207 Filed: 6/25/2009, Entered: 6/25/2009 Answer
ANSWER to Complaint - (Discovery), Complaint - (Discovery), Complaint - (Discovery), Complaint - (Discovery)[1] filed by Defendants James Alexander Michie, GM Capital Partners, LTD., Robert Knight, Knight Financial, LTD. (Attachments: # (1) Exhibit, # (2) Exhibit, # (3) Exhibit)(Sanders, Justin)
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Legal Document (Payment Possibly Required) 210 Filed: 6/24/2009, Entered: 6/26/2009 OrderCourt Filing
ORDER Granting Extension for Specially-Appearing defendants Christian Bovay, Raoul Weil, Peter Kurer, James Michie and G.M. Capital Partners, Ltd. to Respond to Plaintiffs' Second Amended Complaint by Judge Andrew J. Guilford. (See Order for details) (db)
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Legal Document (Payment Possibly Required) 209 Filed: 6/24/2009, Entered: 6/25/2009 OrderCourt Filing
ORDER by Judge Andrew J. Guilford, GRANTING Stipulation to Extend Time to Answer (More than 30 days),[206]. 1. Specially-appearing Defendant Herb Lustig shall have an extension to respond to the Second Amended Complaint from the latter of: a. 20 days from the Courts order denying the SES Defendants motion to dismiss, or b. 20 days from any amended complaint filed by Plaintiffs, or c. August 17, 2009. 2. Lustig specifically reserves his right to challenge jurisdiction, and Lustig does not waive any rights or defenses by entering into this stipulation. 3. Plaintiffs Opposition must be filed within 30 days of any motion to dismiss filed by Lustig. 4. Any Reply brief must be filed within 15 days of Plaintiffs Opposition. (ade)
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Legal Document (Payment Possibly Required) 206 Filed: 6/23/2009, Entered: 6/23/2009 Stipulation to Extend Time to Answer (More than 30 days)
Joint STIPULATION for Extension of Time to File Answer to 08/17/2009 re Amended Document (Non-Motion)[116] filed by Defendant Herb Lustig. (Attachments: # (1) Proposed Order Granting Extension for Specially Appearing Defendant Herb Lustig to Respond to Plaintiffs' Second Amended Complaint)(Brys, Laura)
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Legal Document (Payment Possibly Required) 205 Filed: 6/22/2009, Entered: 6/22/2009 Stipulation to Extend Time to Answer (More than 30 days)
STIPULATION for Extension of Time to File Answer to 20 days from latter of either (a) the Court's order denying UBS AG's motion to dismiss, or (b) any amended complaint filed by Plaintiffs re Amended Document (Non-Motion)[116] filed by defendants Raoul Weil, Christian Bovay, Peter Kurer. (Attachments: # (1) Proposed Order)(Diulio, Kristopher)
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Legal Document (Payment Possibly Required) 204 Filed: 6/22/2009, Entered: 6/22/2009 Service of Summons and Complaint Returned Executed (30 day)
PROOF OF SERVICE Executed filed by Plaintiff Igor Olenicoff, Olen Properties Corp., upon James Alexander Michie served on 4/19/2009, answer due 5/19/2009. Original Summons Second Amended Complaint. (Ault, Julie)
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Legal Document (Payment Possibly Required) 203 Filed: 6/22/2009, Entered: 6/22/2009 Service of Summons and Complaint Returned Executed (30 day)
PROOF OF SERVICE Executed filed by Plaintiff Igor Olenicoff, Olen Properties Corp., upon GM Capital Partners, LTD. served on 4/19/2009, answer due 5/19/2009. Second Amended Complaint Original Summons not returned. (Ault, Julie)
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Legal Document (Payment Possibly Required) 202 Filed: 6/22/2009, Entered: 6/22/2009 Service of Summons and Complaint Returned Executed (30 day)
PROOF OF SERVICE Executed filed by Plaintiff Igor Olenicoff, Olen Properties Corp., upon New Haven Trust Company Limited served on 5/12/2009, answer due 6/11/2009. Original Summons not returned. (Ault, Julie)
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Legal Document (Payment Possibly Required) 201 Filed: 6/1/2009, Entered: 6/2/2009 Minutes of In Chambers Order/Directive - no proceeding heldCourt Filing
MINUTES OF IN CHAMBERS ORDER by Judge Andrew J. Guilford, VACATING HEARINGS ON MOTION TO DISMISS: Defendants UBS AG, David Schwedel, Bradley Birkenfeld, and Neue Bank, among others, have filed motions to dismiss Plaintiffs' Second Amended Complaint, all noticed for hearing on June 8, 2009. On April 27, 2009, the Court heard oral argument on the SES Defendants' motion to dismiss Plaintiffs' Second Amended Complaint. The Court has not yet ruled on that motion, and expects to make a ruling shortly. Accordingly, the hearings scheduled for June 8, 2009, are VACATED, and may be re-noticed for hearing after the Court rules on the SES Defendants' motion. (rla)
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Legal Document (Payment Possibly Required) 200 Filed: 5/29/2009, Entered: 6/1/2009 OrderCourt Filing
ORDER by Judge Andrew J. Guilford Granting Stipulation to Extend Time for Defendants James Alexander Michie and G.M. Capital Partners, Ltd. to Respond to Plaintiffs' Second Amended Complaint. (nbo)
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Legal Document (Payment Possibly Required) 199 Filed: 5/28/2009, Entered: 6/1/2009 Order on Application to Seal (document)Court Filing
ORDER by Judge Andrew J. Guilford Granting [197] Application to File Under Seal. (nbo)
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Sealed Legal Document 198 Filed: 5/28/2009, Entered: 5/29/2009 Exhibit
SEALED DOCUMENT - EXHIBITS A, B AND C IN SUPPORT OF BRADLEY BIRKENFELD'S JOINT REPLY (smi)
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Legal Document (Payment Possibly Required) 197 Filed: 5/28/2009, Entered: 5/29/2009 Application to Seal
NOTICE and APPLICATION to Seal Documents filed by Defendant Bradley Birkenfeld. (dg)
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Legal Document (Payment Possibly Required) 196 Filed: 5/27/2009, Entered: 5/27/2009 Declaration (Motion related)
DECLARATION of David M. McDonald IN SUPPORT OF MOTION to Dismiss for Lack of Jurisdiction Deficient Service Of Process, Lack Of Personal Jurisdiction, Improper Venue, And Failure To State A Claim Under Fed. R. Civ. Proc. 12(B)(6) Or, In The Alternative, Motion To Transfer Based On Forum Non Con MOTION to Dismiss for Lack of Jurisdiction Deficient Service Of Process, Lack Of Personal Jurisdiction, Improper Venue, And Failure To State A Claim Under Fed. R. Civ. Proc. 12(B)(6) Or, In The Alternative, Motion To Transfer Based On Forum Non Con[149] filed by Defendant Union Charter, Ltd.. (Romeo, Mark)
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Legal Document (Payment Possibly Required) 195 Filed: 5/27/2009, Entered: 5/27/2009 Objection
OBJECTIONS to Objection/Opposition (Motion related), Objection/Opposition (Motion related), Objection/Opposition (Motion related)[164], MEMORANDUM in Opposition to Motion,,, [127] Objections To The Declarations Of William King And Igor Olenicoff Filed In Support Of Plaintiffs' Opposition To Motion To Dismiss And To Declaration Of Argang Shariat-Rasawy filed by Defendant Union Charter, Ltd.. (Romeo, Mark)
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Legal Document (Payment Possibly Required) 194 Filed: 5/27/2009, Entered: 5/27/2009 Reply (Motion related)
REPLY IN SUPPORT OF MOTION to Dismiss for Lack of Jurisdiction Deficient Service Of Process, Lack Of Personal Jurisdiction, Improper Venue, And Failure To State A Claim Under Fed. R. Civ. Proc. 12(B)(6) Or, In The Alternative, Motion To Transfer Based On Forum Non Con MOTION to Dismiss for Lack of Jurisdiction Deficient Service Of Process, Lack Of Personal Jurisdiction, Improper Venue, And Failure To State A Claim Under Fed. R. Civ. Proc. 12(B)(6) Or, In The Alternative, Motion To Transfer Based On Forum Non Con[149] filed by Defendant Union Charter, Ltd.. (Romeo, Mark)
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Legal Document (Payment Possibly Required) 193 Filed: 5/27/2009, Entered: 5/27/2009 Declaration (Motion related)
DECLARATION of David M. McDonald IN SUPPORT OF MOTION to Dismiss for Lack of Jurisdiction Lack Of Subject Matter Jurisdiction, Improper Venue, And Failure To State A Claim Under Fed. R. Civ. Proc. 12(B)(6) Or, In The Alternative, Motion To Transfer Based On Forum Non Conveniens MOTION to Dismiss for Lack of Jurisdiction Lack Of Subject Matter Jurisdiction, Improper Venue, And Failure To State A Claim Under Fed. R. Civ. Proc. 12(B)(6) Or, In The Alternative, Motion To Transfer Based On Forum Non Conveniens[144] filed by Defendant David A. Schwedel. (Romeo, Mark)
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Legal Document (Payment Possibly Required) 192 Filed: 5/27/2009, Entered: 5/27/2009 Objection
OBJECTIONS to MEMORANDUM in Opposition to Motion,,, [127], Objection/Opposition (Motion related), Objection/Opposition (Motion related), Objection/Opposition (Motion related)[163] Objections To The Declarations Of William King And Igor Olenicoff Filed In Support Of Plaintiffs' Opposition To Motion To Dismiss And To Declaration Of Argang Shariat-Rasawy filed by Defendant David A. Schwedel. (Romeo, Mark)
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Legal Document (Payment Possibly Required) 191 Filed: 5/27/2009, Entered: 5/27/2009 Reply (Motion related)
REPLY IN SUPPORT OF MOTION to Dismiss for Lack of Jurisdiction Lack Of Subject Matter Jurisdiction, Improper Venue, And Failure To State A Claim Under Fed. R. Civ. Proc. 12(B)(6) Or, In The Alternative, Motion To Transfer Based On Forum Non Conveniens MOTION to Dismiss for Lack of Jurisdiction Lack Of Subject Matter Jurisdiction, Improper Venue, And Failure To State A Claim Under Fed. R. Civ. Proc. 12(B)(6) Or, In The Alternative, Motion To Transfer Based On Forum Non Conveniens[144] filed by Defendant David A. Schwedel. (Romeo, Mark)
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Legal Document (Payment Possibly Required) 190 Filed: 5/27/2009, Entered: 5/27/2009 Objection/Opposition (Motion related)
OBJECTIONS in support of re: MOTION to Dismiss Defendant UBS AG[136] objecting to Plaintiffs' evidence and request for judicial notice filed by Defendant UBS AG. (Kitchens, Dean)
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Legal Document (Payment Possibly Required) 189 Filed: 5/27/2009, Entered: 5/27/2009 Reply (Motion related)
REPLY in support of MOTION to Dismiss Defendant UBS AG[136] filed by Defendant UBS AG. (Kitchens, Dean)
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Legal Document (Payment Possibly Required) 188 Filed: 5/27/2009, Entered: 5/27/2009 Reply (Motion related)
REPLY IN SUPPORT OF THE NEUE BANK DEFENDANTS' MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION, IMPROPER VENUE, AND FAILURE TO STATE A CLAIM filed by Defendants Neue Bank, AG, Georg Vogt, Hermann Wille, Paul Buchel, Jost Pilgrim, Willi Wolfinger, Stephan Laternser, Arnold Wille. (Grad, Richard)
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Legal Document (Payment Possibly Required) 187 Filed: 5/27/2009, Entered: 5/27/2009 Response in Support of Motion
RESPONSE IN SUPPORT OF MOTION TO DISMISS RE: RESPONSE TO PLAINTIFFS' OBJECTIONS TO REQUEST FOR JUDICIAL NOTICE filed by Defendants Neue Bank, AG, Georg Vogt, Hermann Wille, Paul Buchel, Jost Pilgrim, Willi Wolfinger, Stephan Laternser, Arnold Wille. (Grad, Richard)
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Legal Document (Payment Possibly Required) 186 Filed: 5/27/2009, Entered: 5/27/2009 Stipulation for Extension of Time to File Response/Reply
First STIPULATION for Extension of Time to File Response to 2nd Amended Complaint by Defendants James Alexander Michie and G.M. Capital Partners, Ltd. filed by Plaintiff Igor Olenicoff, Olen Properties Corp.. (Attachments: # (1) Proposed Order to extend time for Defendants James Alexander Michie and G.M. Capital Partners, Ltd to respond to 2nd Amended Complaint)(King, William)
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Legal Document (Payment Possibly Required) 185 Filed: 5/26/2009, Entered: 5/27/2009 OrderCourt Filing
ORDER by Judge Andrew J. Guilford, GRANTING Stipulation to Extend Time to Answer (More than 30 days)[181]. Specially-appearing Defendants Raoul Weil and Peter Kurer (the Individual Defendants) shall have an extension up to and including June 25, 2009 to respond to the Second Amended Complaint, by way of answer, motion under Rule 12, or otherwise. (ade)
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Legal Document (Payment Possibly Required) 184 Filed: 5/26/2009, Entered: 5/26/2009 Notice of Manual Filing (G-92)
NOTICE of Manual Filing filed by Defendant Bradley Birkenfeld of 1) Application to File Under Seal; 2) Proposed Order to Application to File Under Seal; and 3) Exhibits A-C in Support of Defendant Birkenfeld's Joint Reply [Doc 182]. (Miller, Kenneth)
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Legal Document (Payment Possibly Required) 183 Filed: 5/26/2009, Entered: 5/26/2009 Request For Judicial Notice
REQUEST FOR JUDICIAL NOTICE In Support of Defendant Birkenfeld's Joint Reply [Doc No. 182] filed by Defendant Bradley Birkenfeld. (Miller, Kenneth)
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Legal Document (Payment Possibly Required) 182 Filed: 5/26/2009, Entered: 5/26/2009 Reply (Motion related)
REPLY to Plaintiff's Opposition to Birkenfeld Motion to Dismiss for Improper Venue and/or Forum Non Convenience [Doc 166] and Birkenfeld's Motion to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State a Claim [Doc 165] filed by Defendant Bradley Birkenfeld. (Attachments: # (1) Declaration of Bradley Birkenfeld)(Miller, Kenneth)