Since this appears to be a very large docket, we will only show 500 entries at at time.
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676 |
Filed: 1/24/2013, Entered: 1/25/2013 |
Mail Returned |
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Mail Returned addressed to Bradley Birkenfeld (twdb)
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Request |
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675 |
Filed: 1/14/2013, Entered: 1/14/2013 |
Notice of Filing Transcript |
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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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Request |
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674 |
Filed: 10/17/2012, Entered: 10/17/2012 |
Transcript Order Form (G-120) |
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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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Request |
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673 |
Filed: 10/16/2012, Entered: 10/16/2012 |
Transcript (CV) |
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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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Request |
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672 |
Filed: 9/20/2012, Entered: 9/20/2012 |
(TERMED) Transcript Order Form (AO-435) |
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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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Request |
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671 |
Filed: 6/8/2012, Entered: 7/19/2012 |
Bill of Costs (CV-59) |
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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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Request |
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670 |
Filed: 5/29/2012, Entered: 5/29/2012 |
Bill of Costs (CV-59) |
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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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Request |
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669 |
Filed: 5/8/2012, Entered: 5/8/2012 |
Reply (Motion related) |
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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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Request |
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668 |
Filed: 5/7/2012, Entered: 5/7/2012 |
Response in Support of Motion |
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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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Request |
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667 |
Filed: 5/4/2012, Entered: 5/4/2012 |
Notice (Other) |
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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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Request |
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666 |
Filed: 5/4/2012, Entered: 5/4/2012 |
Notice (Other) |
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NOTICE Objection to Defendant Birkenfeld's Bill of Costs filed by Plaintiff Igor Olenicoff. (Poulos, Marisa)
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Request |
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665 |
Filed: 4/27/2012, Entered: 4/27/2012, Terminated: 6/8/2012 |
Application to the Clerk to Tax Costs |
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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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Request |
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664 |
Filed: 4/27/2012, Entered: 4/27/2012, Terminated: 5/29/2012 |
Application to the Clerk to Tax Costs |
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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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Request |
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663 |
Filed: 4/26/2012, Entered: 4/26/2012 |
Order |
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ORDER of dismissal by Judge Andrew J. Guilford, Union Charter, Ltd. terminated. (twdb)
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Request |
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662 |
Filed: 4/26/2012, Entered: 4/26/2012 |
Order |
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ORDER of dismissal by Judge Andrew J. Guilford, Synthesis Energy Systems, Inc. terminated. (twdb)
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Request |
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661 |
Filed: 4/26/2012, Entered: 4/26/2012 |
Stipulation to Dismiss Party |
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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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Request |
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660 |
Filed: 4/12/2012, Entered: 4/13/2012 |
Judgment |
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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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659 |
Filed: 4/11/2012, Entered: 4/11/2012 |
Notice of Lodging |
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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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Request |
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658 |
Filed: 4/10/2012, Entered: 4/10/2012 |
Order on Ex Parte Application to Continue |
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MINUTES (IN CHAMBERS): ORDER by Judge Andrew J. Guilford: DENYING EX PARTE MOTION [646] ASMOOT. (rla)
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Request |
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657 |
Filed: 4/10/2012, Entered: 4/10/2012 |
Minutes of In Chambers Order/Directive - no proceeding held |
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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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Request |
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656 |
Filed: 4/10/2012, Entered: 4/10/2012 |
Order on Motion for Summary Judgment |
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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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Request |
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655 |
Filed: 4/9/2012, Entered: 4/10/2012 |
Motion Hearing |
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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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Request |
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649 |
Filed: 4/9/2012, Entered: 4/9/2012 |
(TERMED) Notice of Filing Transcript (G-46) |
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NOTICE OF FILING TRANSCRIPT filed for proceedings 4/3/12 9:42 a.m. (mo)
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Request |
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648 |
Filed: 4/9/2012, Entered: 4/9/2012 |
Transcript (CV) |
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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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Request |
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647 |
Filed: 4/6/2012, Entered: 4/6/2012 |
Declaration (Motion related) |
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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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Request |
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646 |
Filed: 4/6/2012, Entered: 4/6/2012, Terminated: 4/10/2012 |
Ex Parte Application to Continue |
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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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Request |
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644 |
Filed: 4/5/2012, Entered: 4/5/2012 |
Notice of Withdrawal |
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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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Request |
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643 |
Filed: 4/5/2012, Entered: 4/5/2012, Terminated: 4/12/2012 |
Request to Dismiss Party |
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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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Request |
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642 |
Filed: 4/5/2012, Entered: 4/5/2012 |
(TERMED) Transcript Order Form (AO-435) |
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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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Request |
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645 |
Filed: 4/4/2012, Entered: 4/5/2012 |
Minutes of In Chambers Order/Directive - no proceeding held |
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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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Request |
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641 |
Filed: 4/4/2012, Entered: 4/4/2012 |
Minutes of In Chambers Order/Directive - no proceeding held |
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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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Request |
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640 |
Filed: 4/4/2012, Entered: 4/4/2012 |
(TERMED) Transcript Order Form (AO-435) |
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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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Request |
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639 |
Filed: 4/3/2012, Entered: 4/3/2012 |
Witness List |
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Witness List filed by defendant Bradley Birkenfeld.. (Cline, John)
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Request |
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638 |
Filed: 4/3/2012, Entered: 4/3/2012 |
Order on Application for Leave re Discovery Matter |
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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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Request |
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637 |
Filed: 4/3/2012, Entered: 4/3/2012 |
Order on Application to Seal (document) |
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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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Request |
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636 |
Filed: 4/3/2012, Entered: 4/3/2012 |
Order on Motion to Compel Deposition |
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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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Request |
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635 |
Filed: 4/2/2012, Entered: 4/2/2012 |
Memorandum of Contentions of Fact and Law |
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MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendant UBS AG. (Eber, Lauren)
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634 |
Filed: 4/2/2012, Entered: 4/2/2012 |
Exhibit |
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JOINT Exhibit List filed by Plaintiff Olen Properties Corp., Igor Olenicoff.. (Newmeyer, Thomas)
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Request |
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633 |
Filed: 4/2/2012, Entered: 4/2/2012 |
Witness List |
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Witness List filed by Plaintiff Olen Properties Corp., Igor Olenicoff.. (Newmeyer, Thomas)
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Request |
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632 |
Filed: 4/2/2012, Entered: 4/2/2012 |
Memorandum of Contentions of Fact and Law |
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MEMORANDUM of CONTENTIONS of FACT and LAW Olen Properties Corp., Igor Olenicoff. (Newmeyer, Thomas)
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Request |
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631 |
Filed: 4/2/2012, Entered: 4/2/2012 |
Witness List |
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Witness List filed by defendant UBS AG.. (Kitchens, Dean)
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Request |
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654 |
Filed: 3/27/2012, Entered: 4/9/2012 |
Transcript |
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DEPOSITION TRANSCRIPT Deposing CHRISTOPH KURTH on 1/26/12, Volume: 2. (rla)
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Request |
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653 |
Filed: 3/27/2012, Entered: 4/9/2012 |
Transcript |
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DEPOSITION TRANSCRIPT Deposing CHRISTOPH KURTH on 1/25/12, Volume: 1. (rla)
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Request |
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652 |
Filed: 3/27/2012, Entered: 4/9/2012 |
Transcript |
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DEPOSITION TRANSCRIPT Deposing CHRISTOPH KAUFMANN on 3/13/12, Volume: 1. (rla)
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Request |
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651 |
Filed: 3/27/2012, Entered: 4/9/2012 |
Order |
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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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Request |
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650 |
Filed: 3/27/2012, Entered: 4/9/2012 |
Amendment (Motion related) |
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Amendment to APPLICATION to file documents under seal Seal[618] filed by Plaintiffs Olen Properties Corp., Igor Olenicoff. (twdb)
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Request |
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630 |
Filed: 3/27/2012, Entered: 3/28/2012 |
Minutes of In Chambers Order/Directive - no proceeding held |
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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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Request |
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629 |
Filed: 3/27/2012, Entered: 3/27/2012 |
Notice of Manual Filing (G-92) |
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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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Request |
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627 |
Filed: 3/27/2012, Entered: 3/27/2012, Terminated: 4/3/2012 |
Application for Leave to File re Discovery Matter |
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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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Request |
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628 |
Filed: 3/26/2012, Entered: 3/27/2012 |
Notice of Document Discrepancies and Order - Rejecting |
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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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Request |
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626 |
Filed: 3/26/2012, Entered: 3/26/2012 |
Motion Related Document |
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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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Request |
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625 |
Filed: 3/26/2012, Entered: 3/26/2012 |
Motion Related Document |
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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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Request |
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624 |
Filed: 3/26/2012, Entered: 3/26/2012 |
Motion Related Document |
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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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Request |
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623 |
Filed: 3/26/2012, Entered: 3/26/2012 |
Reply (Motion related) |
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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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Request |
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622 |
Filed: 3/26/2012, Entered: 3/26/2012 |
Reply (Motion related) |
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REPLY in Support of MOTION for Summary Judgment as to Damages[584] filed by Defendant UBS AG. (Kitchens, Dean)
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Request |
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621 |
Filed: 3/26/2012, Entered: 3/26/2012 |
Reply (Motion related) |
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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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Request |
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620 |
Filed: 3/26/2012, Entered: 3/26/2012 |
Reply (Motion related) |
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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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Request |
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619 |
Filed: 3/22/2012, Entered: 3/23/2012 |
Minutes of In Chambers Order/Directive - no proceeding held |
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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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Request |
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618 |
Filed: 3/22/2012, Entered: 3/22/2012, Terminated: 4/3/2012 |
Application to Seal |
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APPLICATION to File Documents Under Seal; filed by plaintiffs Olen Properties Corp., Igor Olenicoff. (rla)
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Request |
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617 |
Filed: 3/21/2012, Entered: 3/21/2012 |
Order on Motion for Discovery |
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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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Request |
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616 |
Filed: 3/21/2012, Entered: 3/21/2012 |
Order on Motion to Compel Deposition |
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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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Request |
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615 |
Filed: 3/20/2012, Entered: 3/20/2012 |
Notice of Manual Filing (G-92) |
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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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614 |
Filed: 3/20/2012, Entered: 3/20/2012 |
Supplement(Motion related) |
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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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Request |
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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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|
Request |
|
|
|
612 |
Filed: 3/20/2012, Entered: 3/20/2012, Terminated: 3/20/2012 |
Motion to Supplement re Discovery Matter |
|
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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|
Request |
|
|
|
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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|
Request |
|
|
|
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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|
Request |
|
|
|
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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|
Request |
|
|
|
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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|
Request |
|
|
|
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)
|
|
Request |
|
|
|
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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|
Request |
|
|
|
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)
|
|
Request |
|
|
|
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)
|
|
Request |
|
|
|
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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|
Request |
|
|
|
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)
|
|
Request |
|
|
|
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)
|
|
Request |
|
|
|
600 |
Filed: 3/13/2012, Entered: 3/14/2012 |
Minutes of In Chambers Order/Directive - no proceeding held |
|
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)
|
|
Request |
|
|
|
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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|
Request |
|
|
|
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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|
Request |
|
|
|
597 |
Filed: 3/9/2012, Entered: 3/9/2012, Terminated: 4/12/2012 |
Motion for Discovery |
|
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)
|
|
Request |
|
|
|
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)
|
|
Request |
|
|
|
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)
|
|
Request |
|
|
|
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)
|
|
Request |
|
|
|
593 |
Filed: 3/9/2012, Entered: 3/9/2012, Terminated: 4/3/2012 |
Motion to Compel Deposition |
|
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)
|
|
Request |
|
|
|
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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|
|
|
|
|
591 |
Filed: 2/28/2012, Entered: 3/2/2012 |
Order on Application to Seal (document) |
|
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)
|
|
|
|
|
|
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)
|
|
Request |
|
|
|
589 |
Filed: 2/28/2012, Entered: 2/28/2012 |
Order on Ex Parte Application for Leave |
|
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)
|
|
Request |
|
|
|
588 |
Filed: 2/27/2012, Entered: 2/27/2012, Terminated: 4/10/2012 |
Motion for Joinder |
|
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)
|
|
Request |
|
|
|
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)
|
|
Request |
|
|
|
586 |
Filed: 2/27/2012, Entered: 2/27/2012, Terminated: 4/10/2012 |
Motion for Summary Judgment |
|
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)
|
|
Request |
|
|
|
585 |
Filed: 2/27/2012, Entered: 2/27/2012, Terminated: 4/10/2012 |
Motion for Summary Judgment |
|
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)
|
|
Request |
|
|
|
584 |
Filed: 2/27/2012, Entered: 2/27/2012, Terminated: 4/10/2012 |
Motion for Summary Judgment |
|
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)
|
|
Request |
|
|
|
583 |
Filed: 2/27/2012, Entered: 2/27/2012, Terminated: 4/10/2012 |
Motion for Summary Judgment |
|
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)
|
|
Request |
|
|
|
582 |
Filed: 2/27/2012, Entered: 2/27/2012, Terminated: 4/10/2012 |
Motion for Summary Judgment |
|
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)
|
|
Request |
|
|
|
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)
|
|
Request |
|
|
|
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)
|
|
Request |
|
|
|
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)
|
|
Request |
|
|
|
578 |
Filed: 2/24/2012, Entered: 2/24/2012 |
Order |
|
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)
|
|
Request |
|
|
|
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)
|
|
Request |
|
|
|
Save 25% on a pre-paid one year subscription. |
|
|
576 |
Filed: 2/21/2012, Entered: 2/21/2012 |
Order |
|
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)
|
|
Request |
|
|
|
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)
|
|
Request |
|
|
|
574 |
Filed: 2/15/2012, Entered: 2/15/2012 |
Order on Motion to Withdraw as Attorney |
|
MINUTES (IN CHAMBERS): ORDER by Judge Andrew J. Guilford: granting [559] Motion to Withdraw as Attorney. Attorney Justin H Sanders terminated (twdb)
|
|
Request |
|
|
|
573 |
Filed: 2/13/2012, Entered: 2/13/2012 |
Order |
|
ORDER regarding expert depositions by Judge Andrew J. Guilford, re Stipulation to Extend Discovery Cut-Off Date [572]. (twdb)
|
|
Request |
|
|
|
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)
|
|
Request |
|
|
|
571 |
Filed: 2/2/2012, Entered: 2/3/2012 |
Order on Motion to Compel |
|
MINUTES (IN CHAMBERS): ORDER by Magistrate Judge Robert N. Block: denying [537] Motion to Compel filed 12/19/11. (twdb)
|
|
Request |
|
|
|
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)
|
|
Request |
|
|
|
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)
|
|
Request |
|
|
|
569 |
Filed: 1/31/2012, Entered: 2/2/2012 |
Discovery Hearing |
|
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)
|
|
Request |
|
|
|
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)
|
|
Request |
|
|
|
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)
|
|
|
|
|
|
566 |
Filed: 1/26/2012, Entered: 1/30/2012 |
Order on Application to Seal (document) |
|
ORDER by Judge Andrew J. Guilford: GRANTING APPLICATION TO FILE UNDER SEAL [565]. (rla)
|
|
Request |
|
|
|
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)
|
|
Request |
|
|
|
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)
|
|
Request |
|
|
|
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)
|
|
Request |
|
|
|
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)
|
|
Request |
|
|
|
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)
|
|
Request |
|
|
|
559 |
Filed: 1/18/2012, Entered: 1/18/2012, Terminated: 2/15/2012 |
Motion to Withdraw as Attorney |
|
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)
|
|
Request |
|
|
|
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)
|
|
Request |
|
|
|
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)
|
|
Request |
|
|
|
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)
|
|
Request |
|
|
|
554 |
Filed: 1/11/2012, Entered: 1/11/2012 |
(TERMED) Transcript Order Form (AO-435) |
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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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Request |
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553 |
Filed: 1/11/2012, Entered: 1/11/2012 |
(TERMED) Transcript Order Form (AO-435) |
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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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Request |
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555 |
Filed: 1/10/2012, Entered: 1/12/2012 |
Motion Hearing |
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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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Request |
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552 |
Filed: 1/10/2012, Entered: 1/10/2012 |
(TERMED) Transcript Order Form (AO-435) |
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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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Request |
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Filed: None, Entered: None |
Text Only Notice of Deficiency re Request for Transcript |
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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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551 |
Filed: 1/5/2012, Entered: 1/6/2012 |
Minutes of In Chambers Order/Directive - no proceeding held |
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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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Request |
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550 |
Filed: 1/5/2012, Entered: 1/5/2012 |
Notice of Lodging |
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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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Request |
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549 |
Filed: 1/5/2012, Entered: 1/5/2012 |
Minutes of In Chambers Order/Directive - no proceeding held |
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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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Request |
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548 |
Filed: 1/5/2012, Entered: 1/5/2012 |
Minutes of In Chambers Order/Directive - no proceeding held |
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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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Request |
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547 |
Filed: 1/4/2012, Entered: 1/4/2012 |
Joint Stipulation re Discovery Motion |
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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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Request |
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546 |
Filed: 1/4/2012, Entered: 1/4/2012, Terminated: 4/12/2012 |
Motion for Protective Order |
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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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Request |
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545 |
Filed: 1/4/2012, Entered: 1/4/2012 |
Supplement(Motion related) |
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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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Request |
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543 |
Filed: 12/27/2011, Entered: 12/27/2011 |
Supplement(Motion related) |
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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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Request |
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544 |
Filed: 12/21/2011, Entered: 1/3/2012 |
Exhibit |
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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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542 |
Filed: 12/21/2011, Entered: 12/22/2011 |
Order on Application to Seal (document) |
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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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Request |
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541 |
Filed: 12/21/2011, Entered: 12/22/2011 |
Application to Seal |
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APPLICATION to File Exhibits Under Seal Pursuant to Local Rule 79-5.1 filed by defendant UBS AG. (mt)
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Request |
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540 |
Filed: 12/21/2011, Entered: 12/21/2011 |
Minutes of In Chambers Order/Directive - no proceeding held |
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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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Request |
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539 |
Filed: 12/19/2011, Entered: 12/19/2011 |
Notice of Manual Filing (G-92) |
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NOTICE of Manual Filing filed by Defendant UBS AG of Sealed Exhibits R through II, KK. (Kitchens, Dean)
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Request |
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538 |
Filed: 12/19/2011, Entered: 12/19/2011 |
Joint Stipulation re Discovery Motion |
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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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Request |
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537 |
Filed: 12/19/2011, Entered: 12/19/2011, Terminated: 2/2/2012 |
Motion to Compel |
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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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Request |
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536 |
Filed: 12/7/2011, Entered: 12/9/2011 |
Discovery Hearing |
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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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Request |
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535 |
Filed: 12/6/2011, Entered: 12/7/2011 |
Telephone Conference |
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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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Request |
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534 |
Filed: 11/22/2011, Entered: 11/22/2011, Terminated: 4/12/2012 |
Request to Substitute or Withdraw Attorney (G-01) |
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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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Request |
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533 |
Filed: 11/18/2011, Entered: 11/22/2011 |
Minutes of In Chambers Order/Directive - no proceeding held |
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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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Request |
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532 |
Filed: 11/16/2011, Entered: 11/16/2011 |
Reply |
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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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Request |
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531 |
Filed: 11/9/2011, Entered: 11/9/2011 |
Miscellaneous Document |
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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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Request |
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530 |
Filed: 11/2/2011, Entered: 11/2/2011 |
Response |
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RESPONSE filed by Defendant UBS AGto Minutes of In Chambers Order/Directive - no proceeding held,,,, [529] (Eber, Lauren)
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Request |
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529 |
Filed: 11/1/2011, Entered: 11/1/2011 |
Minutes of In Chambers Order/Directive - no proceeding held |
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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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Request |
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528 |
Filed: 10/28/2011, Entered: 10/28/2011 |
Memorandum of Points and Authorities in Support |
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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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Request |
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527 |
Filed: 10/28/2011, Entered: 10/28/2011 |
(TERMED) Notice of Filing Transcript (G-46) |
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NOTICE OF FILING TRANSCRIPT filed for proceedings 092611 DCCD GUILFORD 10D OLENICOFF G46www.pacertranscripts.com (Paddock, Denise)
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Request |
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526 |
Filed: 10/28/2011, Entered: 10/28/2011 |
Transcript (CV) |
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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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Request |
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525 |
Filed: 10/27/2011, Entered: 10/28/2011 |
Telephone Conference |
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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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Request |
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524 |
Filed: 10/27/2011, Entered: 10/27/2011 |
Order on Motion to Compel |
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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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Request |
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523 |
Filed: 10/27/2011, Entered: 10/27/2011 |
Statement |
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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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Request |
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522 |
Filed: 10/26/2011, Entered: 10/26/2011 |
Notice of Lodging |
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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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Request |
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521 |
Filed: 10/20/2011, Entered: 10/21/2011 |
Order on Ex Parte Application for Order |
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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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Request |
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519 |
Filed: 10/19/2011, Entered: 10/19/2011 |
(TERMED) Notice of Filing Transcript (G-46) |
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NOTICE OF FILING TRANSCRIPT filed for proceedings 10-18-11 10:08 a.m. (ha)
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Request |
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518 |
Filed: 10/19/2011, Entered: 10/19/2011 |
Transcript (CV) |
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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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Request |
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517 |
Filed: 10/19/2011, Entered: 10/19/2011 |
Objection/Opposition (Motion related) |
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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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Request |
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520 |
Filed: 10/18/2011, Entered: 10/19/2011 |
Order on Motion for Summary Judgment |
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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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Request |
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516 |
Filed: 10/18/2011, Entered: 10/18/2011, Terminated: 10/20/2011 |
Ex Parte Application for Order |
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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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Request |
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515 |
Filed: 10/18/2011, Entered: 10/18/2011 |
Audio Recording Form (AO-436) |
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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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Request |
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514 |
Filed: 10/18/2011, Entered: 10/18/2011 |
(TERMED) Transcript Order Form (AO-435) |
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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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Request |
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513 |
Filed: 10/18/2011, Entered: 10/18/2011 |
Discovery Hearing |
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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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Request |
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512 |
Filed: 10/17/2011, Entered: 10/17/2011 |
Notice of Change of Attorney Business or Contact Information (G-06) |
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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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Request |
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511 |
Filed: 10/7/2011, Entered: 10/7/2011 |
Order on Request to Substitute Attorney |
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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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Request |
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510 |
Filed: 10/7/2011, Entered: 10/7/2011 |
Order on Request to Substitute Attorney |
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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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Request |
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509 |
Filed: 10/4/2011, Entered: 10/6/2011 |
Motion Hearing |
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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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Request |
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508 |
Filed: 10/4/2011, Entered: 10/4/2011, Terminated: 10/7/2011 |
Request to Substitute or Withdraw Attorney (G-01) |
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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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Request |
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507 |
Filed: 10/4/2011, Entered: 10/4/2011, Terminated: 10/7/2011 |
Request to Substitute or Withdraw Attorney (G-01) |
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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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Request |
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505 |
Filed: 9/30/2011, Entered: 9/30/2011 |
Order on Motion to Continue |
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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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Request |
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506 |
Filed: 9/26/2011, Entered: 10/3/2011 |
Minutes of In Chambers Order/Directive - no proceeding held |
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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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Request |
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504 |
Filed: 9/26/2011, Entered: 9/26/2011 |
Order on Motion for Summary Judgment |
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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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Request |
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503 |
Filed: 9/21/2011, Entered: 9/21/2011 |
Minutes of In Chambers Order/Directive - no proceeding held |
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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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502 |
Filed: 9/21/2011, Entered: 9/21/2011 |
Joinder (non-motion) |
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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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500 |
Filed: 9/19/2011, Entered: 9/19/2011 |
Objection/Opposition (Motion related) |
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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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499 |
Filed: 9/19/2011, Entered: 9/19/2011 |
(TERMED) Notice of Filing Transcript (G-46) |
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NOTICE OF FILING TRANSCRIPT filed for proceedings 9/14/2011 10:10am (ml)
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498 |
Filed: 9/19/2011, Entered: 9/19/2011 |
Transcript (CV) |
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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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Request |
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501 |
Filed: 9/16/2011, Entered: 9/19/2011 |
Order on Motion for Sanctions on Discovery Matters |
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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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497 |
Filed: 9/16/2011, Entered: 9/16/2011, Terminated: 9/30/2011 |
Ex Parte Application to Shorten Time for Hearing |
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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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496 |
Filed: 9/16/2011, Entered: 9/16/2011, Terminated: 9/30/2011 |
Motion to Continue |
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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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Request |
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495 |
Filed: 9/16/2011, Entered: 9/16/2011 |
Notice of Lodging |
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NOTICE OF LODGING filed re MEMORANDUM in Opposition to Motion[462] (Poulos, Marisa)
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494 |
Filed: 9/16/2011, Entered: 9/16/2011 |
Notice of Manual Filing (G-92) |
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NOTICE of Manual Filing filed by Plaintiffs Olen Properties Corp., Igor Olenicoff of Deposition transcripts. (Poulos, Marisa)
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493 |
Filed: 9/16/2011, Entered: 9/16/2011 |
Objection/Opposition (Motion related) |
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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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492 |
Filed: 9/15/2011, Entered: 9/15/2011, Terminated: 9/16/2011 |
Ex Parte Application to Shorten Time for Hearing on Discovery Motions |
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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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Request |
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491 |
Filed: 9/15/2011, Entered: 9/15/2011, Terminated: 9/16/2011 |
Motion for Sanctions on Discovery Matter |
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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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Request |
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490 |
Filed: 9/14/2011, Entered: 9/15/2011 |
Discovery Hearing |
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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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Request |
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488 |
Filed: 9/13/2011, Entered: 9/13/2011 |
Reply (Motion related) |
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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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Request |
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487 |
Filed: 9/13/2011, Entered: 9/13/2011 |
Motion Related Document |
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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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Request |
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486 |
Filed: 9/13/2011, Entered: 9/13/2011 |
Objection/Opposition (Motion related) |
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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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Request |
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485 |
Filed: 9/13/2011, Entered: 9/13/2011 |
Order |
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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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483 |
Filed: 9/13/2011, Entered: 9/13/2011 |
Stipulation to Reschedule |
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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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489 |
Filed: 9/12/2011, Entered: 9/15/2011 |
Order on Motion for Leave to File Document |
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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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Request |
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484 |
Filed: 9/12/2011, Entered: 9/13/2011 |
Motion Hearing |
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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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482 |
Filed: 9/12/2011, Entered: 9/12/2011 |
Declaration (Motion related) |
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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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481 |
Filed: 9/12/2011, Entered: 9/12/2011 |
Declaration (Motion related) |
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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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480 |
Filed: 9/12/2011, Entered: 9/12/2011 |
Declaration (Motion related) |
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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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479 |
Filed: 9/12/2011, Entered: 9/12/2011 |
Declaration (Motion related) |
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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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478 |
Filed: 9/12/2011, Entered: 9/12/2011, Terminated: 10/27/2011 |
Motion to Compel |
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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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Request |
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Save 25% on a pre-paid one year subscription. |
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477 |
Filed: 9/9/2011, Entered: 9/9/2011 |
Order on Request for Discovery |
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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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476 |
Filed: 9/7/2011, Entered: 9/7/2011 |
Declaration (Motion related) |
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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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Request |
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475 |
Filed: 9/7/2011, Entered: 9/7/2011 |
Declaration (Motion related) |
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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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Request |
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474 |
Filed: 9/7/2011, Entered: 9/7/2011 |
Declaration (Motion related) |
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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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Request |
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473 |
Filed: 9/7/2011, Entered: 9/7/2011, Terminated: 9/9/2011 |
Request for Discovery |
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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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Request |
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472 |
Filed: 9/7/2011, Entered: 9/7/2011 |
Declaration (Motion related) |
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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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Request |
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471 |
Filed: 9/7/2011, Entered: 9/7/2011 |
Exhibit |
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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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Request |
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470 |
Filed: 9/7/2011, Entered: 9/7/2011 |
Exhibit |
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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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Request |
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469 |
Filed: 9/7/2011, Entered: 9/7/2011 |
Notice of Change of Attorney Business or Contact Information (G-06) |
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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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Request |
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468 |
Filed: 9/7/2011, Entered: 9/7/2011 |
Exhibit |
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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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Request |
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467 |
Filed: 9/7/2011, Entered: 9/7/2011 |
Exhibit |
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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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Request |
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466 |
Filed: 9/7/2011, Entered: 9/7/2011 |
Exhibit |
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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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Request |
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465 |
Filed: 9/7/2011, Entered: 9/7/2011 |
Exhibit |
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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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Request |
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464 |
Filed: 9/7/2011, Entered: 9/7/2011 |
Declaration (Motion related) |
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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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Request |
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463 |
Filed: 9/7/2011, Entered: 9/7/2011 |
Statement (Motion related) |
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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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Request |
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462 |
Filed: 9/7/2011, Entered: 9/7/2011 |
MEMORANDUM in Opposition to Motion |
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MEMORANDUM in Opposition to SES Defendants' Motion for Summary Judgment filed by Plaintiffs Olen Properties Corp., Igor Olenicoff. (King, William)
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Request |
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461 |
Filed: 9/7/2011, Entered: 9/7/2011 |
Declaration (Motion related) |
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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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Request |
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460 |
Filed: 9/7/2011, Entered: 9/7/2011 |
Declaration (Motion related) |
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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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Request |
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459 |
Filed: 9/7/2011, Entered: 9/7/2011 |
Objection/Opposition (Motion related) |
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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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Request |
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458 |
Filed: 9/6/2011, Entered: 9/6/2011 |
Minutes of In Chambers Order/Directive - no proceeding held |
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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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457 |
Filed: 9/6/2011, Entered: 9/6/2011 |
Order on Motion to Quash Subpoena |
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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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456 |
Filed: 9/2/2011, Entered: 9/2/2011 |
Stipulation for Discovery |
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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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455 |
Filed: 9/2/2011, Entered: 9/2/2011, Terminated: 9/6/2011 |
Motion to Quash Subpoena |
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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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454 |
Filed: 8/31/2011, Entered: 8/31/2011 |
Reply (Motion related) |
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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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453 |
Filed: 8/26/2011, Entered: 8/26/2011 |
Order |
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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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452 |
Filed: 8/25/2011, Entered: 8/25/2011 |
Stipulation to Continue |
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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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451 |
Filed: 8/22/2011, Entered: 8/22/2011 |
MEMORANDUM in Opposition to Motion |
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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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449 |
Filed: 8/16/2011, Entered: 8/16/2011 |
Order on Motion to Strike |
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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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448 |
Filed: 8/15/2011, Entered: 8/15/2011, Terminated: 10/18/2011 |
Motion for Summary Judgment |
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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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Request |
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447 |
Filed: 8/10/2011, Entered: 8/10/2011, Terminated: 8/16/2011 |
Motion to Strike |
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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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Request |
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446 |
Filed: 8/10/2011, Entered: 8/10/2011 |
Notice of Change of Attorney Business or Contact Information (G-06) |
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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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450 |
Filed: 8/9/2011, Entered: 8/16/2011 |
Order |
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ORDER by Magistrate Judge Robert N. Block, re Stipulation for Order [444]. DENIED (twdb)
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444 |
Filed: 8/8/2011, Entered: 8/8/2011 |
Stipulation for Order |
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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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443 |
Filed: 8/5/2011, Entered: 8/5/2011 |
Order on Motion for Reconsideration of Discovery Matter |
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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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Request |
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442 |
Filed: 8/3/2011, Entered: 8/3/2011, Terminated: 9/12/2011 |
Motion for Leave to File Document |
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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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Request |
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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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Request |
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445 |
Filed: 8/1/2011, Entered: 8/8/2011 |
Motion Hearing |
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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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Request |
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440 |
Filed: 7/25/2011, Entered: 7/25/2011 |
Reply (Motion related) |
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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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Request |
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439 |
Filed: 7/11/2011, Entered: 7/11/2011 |
Objection/Opposition (Motion related) |
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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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Request |
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438 |
Filed: 6/28/2011, Entered: 6/28/2011, Terminated: 8/5/2011 |
Motion for Reconsideration of Discovery Matter |
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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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Request |
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437 |
Filed: 6/14/2011, Entered: 6/15/2011 |
Motion Hearing |
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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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Request |
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436 |
Filed: 6/7/2011, Entered: 6/7/2011 |
Notice of Deficiency - Default/Default Judgment (CV-52b) |
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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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Request |
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435 |
Filed: 6/2/2011, Entered: 6/6/2011 |
Sealed Document |
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UNDER SEAL DOCUMENT (rla)
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Request |
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433 |
Filed: 6/2/2011, Entered: 6/6/2011 |
Order on Application to Seal (document) |
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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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Request |
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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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Request |
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431 |
Filed: 6/2/2011, Entered: 6/6/2011 |
Declaration (Motion related) |
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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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Request |
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430 |
Filed: 6/2/2011, Entered: 6/6/2011 |
Application to Seal |
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APPLICATION to File Under Seal Defendant UBS AG's Exhibit 4 filed by plaintiffs Olen Properties Corp., Igor Olenicoff. (twdb)
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Request |
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425 |
Filed: 6/2/2011, Entered: 6/2/2011, Terminated: 6/7/2011 |
Request for Clerk to Enter Default |
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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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Request |
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424 |
Filed: 6/2/2011, Entered: 6/2/2011, Terminated: 6/7/2011 |
Request for Clerk to Enter Default |
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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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Request |
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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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Request |
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422 |
Filed: 6/2/2011, Entered: 6/2/2011, Terminated: 6/7/2011 |
Request for Clerk to Enter Default |
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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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Request |
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421 |
Filed: 6/1/2011, Entered: 6/1/2011 |
Notice of Manual Filing (G-92) |
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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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Request |
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434 |
Filed: 5/31/2011, Entered: 6/6/2011 |
Sealed Document |
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UNDER SEAL DOCUMENT (Attachments: # (1) part 2, # (2) part 3, # (3) part 4)(rla)
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Request |
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429 |
Filed: 5/31/2011, Entered: 6/2/2011 |
Proof of Service (subsequent documents) |
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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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Request |
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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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Request |
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427 |
Filed: 5/31/2011, Entered: 6/2/2011 |
Notice (Other) |
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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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Request |
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426 |
Filed: 5/31/2011, Entered: 6/2/2011 |
Minutes of In Chambers Order/Directive - no proceeding held |
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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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Request |
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420 |
Filed: 5/31/2011, Entered: 5/31/2011 |
Supplement(Motion related) |
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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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Request |
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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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Request |
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418 |
Filed: 5/31/2011, Entered: 5/31/2011 |
Supplement(Motion related) |
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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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Request |
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417 |
Filed: 5/31/2011, Entered: 5/31/2011 |
Notice of Deficiency in Electronically Filed Documents (G-112A) |
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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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Request |
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416 |
Filed: 5/25/2011, Entered: 5/26/2011 |
Minutes of In Chambers Order/Directive - no proceeding held |
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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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Request |
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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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Request |
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414 |
Filed: 5/24/2011, Entered: 5/24/2011, Terminated: 5/31/2011 |
Motion to Seal Document |
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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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Request |
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413 |
Filed: 5/23/2011, Entered: 5/23/2011, Terminated: 6/14/2011 |
Motion to Compel Answers to Interrogatories |
|
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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Request |
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412 |
Filed: 5/20/2011, Entered: 5/20/2011 |
Notice of Change of Attorney Business or Contact Information (G-06) |
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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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Request |
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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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Request |
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410 |
Filed: 4/28/2011, Entered: 4/28/2011 |
Notice of Deficiency in Electronically Filed Documents (G-112A) |
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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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Request |
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409 |
Filed: 4/27/2011, Entered: 4/27/2011 |
Miscellaneous Document |
|
Substitution of Attorney (Lamb, Steven)
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Request |
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408 |
Filed: 3/14/2011, Entered: 3/16/2011 |
Order Dismissing Case |
|
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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Request |
|
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|
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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|
Request |
|
|
|
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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|
Request |
|
|
|
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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Request |
|
|
|
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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|
Request |
|
|
|
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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|
|
|
|
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401 |
Filed: 11/15/2010, Entered: 11/16/2010 |
Notice of Document Discrepancies - Granting |
|
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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|
Request |
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|
|
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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|
Request |
|
|
|
400 |
Filed: 11/10/2010, Entered: 11/10/2010 |
Protective Order |
|
ORDER RE CONFIDENTIAL AND PROPRIETARY INFORMATION by Magistrate Judge Robert N. Block re Stipulation for Protective Order [399] : (See Order for complete details). (wr)
|
|
|
|
|
|
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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|
Request |
|
|
|
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)
|
|
Request |
|
|
|
398 |
Filed: 10/25/2010, Entered: 10/27/2010 |
Minutes of In Chambers Order/Directive - no proceeding held |
|
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)
|
|
Request |
|
|
|
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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|
Request |
|
|
|
395 |
Filed: 9/29/2010, Entered: 10/1/2010 |
Notice of Document Discrepancies and Order - Rejecting |
|
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)
|
|
Request |
|
|
|
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)
|
|
Request |
|
|
|
393 |
Filed: 9/13/2010, Entered: 9/17/2010 |
Order on Motion to Dismiss Case |
|
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)
|
|
Request |
|
|
|
392 |
Filed: 9/13/2010, Entered: 9/15/2010 |
Order on Motion to Dismiss Case |
|
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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|
Request |
|
|
|
391 |
Filed: 9/8/2010, Entered: 9/9/2010 |
Order on Motion to Take Deposition |
|
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)
|
|
|
|
|
|
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)
|
|
Request |
|
|
|
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)
|
|
Request |
|
|
|
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)
|
|
Request |
|
|
|
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)
|
|
Request |
|
|
|
386 |
Filed: 8/18/2010, Entered: 8/19/2010 |
Minutes of In Chambers Order/Directive - no proceeding held |
|
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)
|
|
Request |
|
|
|
385 |
Filed: 8/10/2010, Entered: 8/11/2010 |
Order on Motion for Extension of Time to Answer |
|
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)
|
|
Request |
|
|
|
384 |
Filed: 8/9/2010, Entered: 8/9/2010, Terminated: 9/8/2010 |
Motion to Take Deposition |
|
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)
|
|
Request |
|
|
|
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)
|
|
Request |
|
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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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Request |
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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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|
Request |
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|
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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|
Request |
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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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Request |
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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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Request |
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|
Save 25% on a pre-paid one year subscription. |
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376 |
Filed: 7/22/2010, Entered: 7/22/2010 |
Minutes of In Chambers Order/Directive - no proceeding held |
|
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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Request |
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|
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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|
Request |
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374 |
Filed: 7/20/2010, Entered: 7/20/2010 |
Minutes of In Chambers Order/Directive - no proceeding held |
|
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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Request |
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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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|
Request |
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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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Request |
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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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Request |
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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)
|
|
Request |
|
|
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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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Request |
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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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Request |
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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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|
Request |
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363 |
Filed: 6/22/2010, Entered: 6/22/2010 |
Notice (Other) |
|
NOTICE of Decision by Court filed by defendant Bradley Birkenfeld. (Miller, Kenneth)
|
|
Request |
|
|
|
368 |
Filed: 6/21/2010, Entered: 6/23/2010 |
Motion Hearing |
|
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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Request |
|
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365 |
Filed: 6/21/2010, Entered: 6/22/2010 |
Order on Motion for Reconsideration |
|
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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Request |
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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)
|
|
Request |
|
|
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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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361 |
Filed: 6/15/2010, Entered: 6/16/2010 |
Order on Application to Continue |
|
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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Request |
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360 |
Filed: 6/9/2010, Entered: 6/15/2010 |
Order on Application to Seal (document) |
|
ORDER by Judge Andrew J. Guilford: granting [359] Application to File Under Seal. (wr)
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|
Request |
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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)
|
|
Request |
|
|
|
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)
|
|
Request |
|
|
|
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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|
Request |
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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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|
Request |
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355 |
Filed: 5/26/2010, Entered: 6/2/2010 |
Order |
|
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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|
Request |
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352 |
Filed: 5/21/2010, Entered: 5/21/2010 |
Minutes of In Chambers Order/Directive - no proceeding held |
|
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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|
Request |
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|
|
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)
|
|
Request |
|
|
|
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)
|
|
|
|
|
|
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)
|
|
Request |
|
|
|
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)
|
|
Request |
|
|
|
349 |
Filed: 5/3/2010, Entered: 5/3/2010, Terminated: 9/13/2010 |
Motion to Dismiss |
|
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)
|
|
Request |
|
|
|
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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|
Request |
|
|
|
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)
|
|
Request |
|
|
|
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)
|
|
Request |
|
|
|
342 |
Filed: 4/23/2010, Entered: 4/26/2010 |
Order |
|
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)
|
|
Request |
|
|
|
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)
|
|
Request |
|
|
|
346 |
Filed: 4/22/2010, Entered: 4/28/2010 |
Declaration |
|
SEALED DOCUMENT RE: DECLARATION of Kenneth M. Miller (ade)
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|
|
|
|
|
345 |
Filed: 4/22/2010, Entered: 4/27/2010 |
Order on Application to Seal (document) |
|
ORDER by Judge Andrew J. Guilford: granting [344] Application to Seal (ade)
|
|
Request |
|
|
|
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)
|
|
Request |
|
|
|
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)
|
|
Request |
|
|
|
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)
|
|
Request |
|
|
|
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)
|
|
Request |
|
|
|
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)
|
|
Request |
|
|
|
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)
|
|
Request |
|
|
|
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)
|
|
Request |
|
|
|
344 |
Filed: 4/20/2010, Entered: 4/27/2010 |
Application to Seal |
|
APPLICATION to Seal. Filed by defendant Bradley Birkenfeld. (ade)
|
|
Request |
|
|
|
333 |
Filed: 4/20/2010, Entered: 4/20/2010, Terminated: 6/21/2010 |
Motion to Withdraw as Attorney |
|
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)
|
|
Request |
|
|
|
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)
|
|
Request |
|
|
|
328 |
Filed: 4/12/2010, Entered: 4/14/2010 |
Scheduling Order |
|
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)
|
|
Request |
|
|
|
327 |
Filed: 4/12/2010, Entered: 4/13/2010 |
Order on Application to Continue |
|
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)
|
|
Request |
|
|
|
326 |
Filed: 4/12/2010, Entered: 4/13/2010 |
Scheduling Order |
|
SCHEDULING ORDER Specifying Procedures by Judge Andrew J. Guilford. (See Order for details) (db)
|
|
Request |
|
|
|
325 |
Filed: 4/12/2010, Entered: 4/13/2010 |
Scheduling Conference |
|
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)
|
|
Request |
|
|
|
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)
|
|
|
|
|
|
330 |
Filed: 4/9/2010, Entered: 4/14/2010 |
Order on Application to Seal (document) |
|
ORDER by Judge Andrew J. Guilford: granting Application to Seal [329]. (twdb)
|
|
Request |
|
|
|
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)
|
|
Request |
|
|
|
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)
|
|
Request |
|
|
|
322 |
Filed: 4/9/2010, Entered: 4/9/2010, Terminated: 6/21/2010 |
Motion for Leave to Appeal |
|
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)
|
|
Request |
|
|
|
321 |
Filed: 4/9/2010, Entered: 4/9/2010, Terminated: 6/21/2010 |
Motion for Reconsideration |
|
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)
|
|
Request |
|
|
|
324 |
Filed: 4/8/2010, Entered: 4/12/2010 |
Order Extending Answer Due Deadline |
|
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)
|
|
Request |
|
|
|
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)
|
|
Request |
|
|
|
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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|
Request |
|
|
|
318 |
Filed: 4/6/2010, Entered: 4/6/2010 |
Notice of Manual Filing (G-92) |
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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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Request |
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317 |
Filed: 3/31/2010, Entered: 3/31/2010 |
Stipulation for Extension of Time to File |
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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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Request |
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316 |
Filed: 3/16/2010, Entered: 3/18/2010 |
Order on Motion to Dismiss Party |
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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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Request |
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315 |
Filed: 3/8/2010, Entered: 3/12/2010 |
Order on Motion to Continue |
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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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Request |
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314 |
Filed: 3/2/2010, Entered: 3/2/2010 |
Non-Opposition to Motion |
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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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Request |
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313 |
Filed: 2/18/2010, Entered: 2/18/2010 |
Non-Opposition to Motion |
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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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Request |
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312 |
Filed: 2/12/2010, Entered: 2/12/2010 |
Response in Opposition to Motion |
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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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Request |
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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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Request |
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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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Request |
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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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Request |
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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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Request |
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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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Request |
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306 |
Filed: 2/4/2010, Entered: 2/4/2010 |
Notice of Deficiency in Electronically Filed Documents (G-112A) |
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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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Request |
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305 |
Filed: 2/3/2010, Entered: 2/3/2010 |
Service of Summons and Complaint Returned Executed (30 day) |
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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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Request |
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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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Request |
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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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Request |
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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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Request |
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301 |
Filed: 2/2/2010, Entered: 2/2/2010, Terminated: 3/8/2010 |
Motion to Continue |
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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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Request |
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300 |
Filed: 1/12/2010, Entered: 1/12/2010 |
Minutes of In Chambers Order/Directive - no proceeding held |
|
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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Request |
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299 |
Filed: 1/12/2010, Entered: 1/12/2010 |
Notice of Deficiency in Electronically Filed Documents (G-112A) |
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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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Request |
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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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|
Request |
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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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|
Request |
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296 |
Filed: 11/9/2009, Entered: 11/17/2009 |
Order on Motion to Dismiss/Lack of Jurisdiction |
|
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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Request |
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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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|
Request |
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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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Request |
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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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|
Request |
|
|
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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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Request |
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|
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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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Request |
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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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|
Request |
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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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|
Request |
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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)
|
|
Request |
|
|
|
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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|
Request |
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286 |
Filed: 10/22/2009, Entered: 10/22/2009 |
Minutes of In Chambers Order/Directive - no proceeding held |
|
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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|
Request |
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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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|
Request |
|
|
|
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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Request |
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|
|
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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|
Request |
|
|
|
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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|
Request |
|
|
|
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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|
Request |
|
|
|
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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|
Request |
|
|
|
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)
|
|
Request |
|
|
|
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)
|
|
Request |
|
|
|
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)
|
|
Request |
|
|
|
Save 25% on a pre-paid one year subscription. |
|
|
276 |
Filed: 10/13/2009, Entered: 10/13/2009 |
Minutes of In Chambers Order/Directive - no proceeding held |
|
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)
|
|
Request |
|
|
|
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)
|
|
Request |
|
|
|
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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|
Request |
|
|
|
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)
|
|
Request |
|
|
|
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)
|
|
Request |
|
|
|
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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|
Request |
|
|
|
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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Request |
|
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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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|
Request |
|
|
|
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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|
Request |
|
|
|
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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|
Request |
|
|
|
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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|
Request |
|
|
|
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).
|
|
|
|
|
|
264 |
Filed: 9/29/2009, Entered: 9/30/2009 |
Order on Application to Seal (document) |
|
ORDER by Judge Andrew J. Guilford granting Application to File Under Seal [263] (mt)
|
|
Request |
|
|
|
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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|
Request |
|
|
|
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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Request |
|
|
|
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)
|
|
Request |
|
|
|
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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|
Request |
|
|
|
259 |
Filed: 9/23/2009, Entered: 9/23/2009, Terminated: 3/16/2010 |
Motion to Dismiss |
|
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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|
Request |
|
|
|
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)
|
|
Request |
|
|
|
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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Request |
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256 |
Filed: 9/23/2009, Entered: 9/23/2009, Terminated: 3/16/2010 |
Motion to Dismiss |
|
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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|
Request |
|
|
|
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)
|
|
Request |
|
|
|
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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|
Request |
|
|
|
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)
|
|
Request |
|
|
|
252 |
Filed: 9/22/2009, Entered: 9/22/2009, Terminated: 3/16/2010 |
Motion to Dismiss |
|
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)
|
|
Request |
|
|
|
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)
|
|
Request |
|
|
|
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)
|
|
Request |
|
|
|
249 |
Filed: 9/17/2009, Entered: 9/17/2009 |
Notice (Other) |
|
NOTICE filed by Defendant David A. Schwedel. Of Errata (Romeo, Mark)
|
|
Request |
|
|
|
248 |
Filed: 9/17/2009, Entered: 9/17/2009 |
Order |
|
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)
|
|
Request |
|
|
|
247 |
Filed: 9/17/2009, Entered: 9/17/2009 |
Order Extending Answer Due Deadline |
|
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)
|
|
Request |
|
|
|
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)
|
|
Request |
|
|
|
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)
|
|
Request |
|
|
|
244 |
Filed: 9/16/2009, Entered: 9/16/2009, Terminated: 3/16/2010 |
Motion to Dismiss |
|
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)
|
|
Request |
|
|
|
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)
|
|
Request |
|
|
|
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)
|
|
Request |
|
|
|
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)
|
|
Request |
|
|
|
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)
|
|
Request |
|
|
|
239 |
Filed: 9/16/2009, Entered: 9/16/2009, Terminated: 3/16/2010 |
Motion to Dismiss |
|
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)
|
|
Request |
|
|
|
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)
|
|
Request |
|
|
|
237 |
Filed: 9/16/2009, Entered: 9/16/2009, Terminated: 3/16/2010 |
Motion to Dismiss |
|
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)
|
|
Request |
|
|
|
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)
|
|
Request |
|
|
|
235 |
Filed: 9/16/2009, Entered: 9/16/2009, Terminated: 3/16/2010 |
Motion to Dismiss |
|
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)
|
|
Request |
|
|
|
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)
|
|
Request |
|
|
|
233 |
Filed: 9/16/2009, Entered: 9/16/2009, Terminated: 3/16/2010 |
Motion to Dismiss |
|
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)
|
|
Request |
|
|
|
232 |
Filed: 9/15/2009, Entered: 9/15/2009 |
Order |
|
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)
|
|
Request |
|
|
|
231 |
Filed: 9/15/2009, Entered: 9/15/2009 |
Order |
|
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)
|
|
Request |
|
|
|
230 |
Filed: 9/15/2009, Entered: 9/15/2009 |
Order Extending Answer Due Deadline |
|
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)
|
|
Request |
|
|
|
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)
|
|
Request |
|
|
|
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)
|
|
Request |
|
|
|
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)
|
|
Request |
|
|
|
226 |
Filed: 9/14/2009, Entered: 9/14/2009 |
Request For Judicial Notice |
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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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Request |
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225 |
Filed: 9/14/2009, Entered: 9/14/2009, Terminated: 3/16/2010 |
Motion to Dismiss |
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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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Request |
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224 |
Filed: 9/10/2009, Entered: 9/10/2009 |
Stipulation for Extension of Time to File Response/Reply |
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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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Request |
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223 |
Filed: 9/10/2009, Entered: 9/10/2009 |
Stipulation for Extension of Time to File Response/Reply |
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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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Request |
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222 |
Filed: 9/9/2009, Entered: 9/9/2009 |
Order |
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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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Request |
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221 |
Filed: 9/9/2009, Entered: 9/9/2009 |
Stipulation for Extension of Time to File Response/Reply |
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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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Request |
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220 |
Filed: 9/9/2009, Entered: 9/9/2009 |
Order |
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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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Request |
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219 |
Filed: 9/8/2009, Entered: 9/8/2009 |
Stipulation for Extension of Time to File Response/Reply |
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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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Request |
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218 |
Filed: 9/8/2009, Entered: 9/8/2009 |
Stipulation for Extension of Time to File Response/Reply |
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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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Request |
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217 |
Filed: 9/8/2009, Entered: 9/8/2009 |
Order |
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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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Request |
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216 |
Filed: 9/4/2009, Entered: 9/4/2009 |
Stipulation to Extend Time to Answer (More than 30 days) |
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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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Request |
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215 |
Filed: 8/24/2009, Entered: 8/24/2009 |
Amended Document (Non-Motion) |
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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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214 |
Filed: 7/31/2009, Entered: 8/3/2009 |
Order on Motion to Dismiss Case |
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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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Request |
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213 |
Filed: 7/15/2009, Entered: 7/15/2009 |
Stipulation for Order |
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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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Request |
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212 |
Filed: 7/9/2009, Entered: 7/9/2009 |
Notice (Other) |
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NOTICE of Unavailability filed by defendant David A. Schwedel, Das Family Holdings, LP. (McLuskey, John)
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Request |
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211 |
Filed: 7/2/2009, Entered: 7/2/2009 |
Notice of Deficiency in Electronically Filed Documents (G-112A) |
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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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Request |
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208 |
Filed: 6/25/2009, Entered: 6/25/2009 |
Certificate/Notice of Interested Parties |
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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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Request |
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207 |
Filed: 6/25/2009, Entered: 6/25/2009 |
Answer |
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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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Request |
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210 |
Filed: 6/24/2009, Entered: 6/26/2009 |
Order |
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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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Request |
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209 |
Filed: 6/24/2009, Entered: 6/25/2009 |
Order |
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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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Request |
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206 |
Filed: 6/23/2009, Entered: 6/23/2009 |
Stipulation to Extend Time to Answer (More than 30 days) |
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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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Request |
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205 |
Filed: 6/22/2009, Entered: 6/22/2009 |
Stipulation to Extend Time to Answer (More than 30 days) |
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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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Request |
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204 |
Filed: 6/22/2009, Entered: 6/22/2009 |
Service of Summons and Complaint Returned Executed (30 day) |
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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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Request |
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203 |
Filed: 6/22/2009, Entered: 6/22/2009 |
Service of Summons and Complaint Returned Executed (30 day) |
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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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Request |
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202 |
Filed: 6/22/2009, Entered: 6/22/2009 |
Service of Summons and Complaint Returned Executed (30 day) |
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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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Request |
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201 |
Filed: 6/1/2009, Entered: 6/2/2009 |
Minutes of In Chambers Order/Directive - no proceeding held |
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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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Request |
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200 |
Filed: 5/29/2009, Entered: 6/1/2009 |
Order |
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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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Request |
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199 |
Filed: 5/28/2009, Entered: 6/1/2009 |
Order on Application to Seal (document) |
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ORDER by Judge Andrew J. Guilford Granting [197] Application to File Under Seal. (nbo)
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Request |
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198 |
Filed: 5/28/2009, Entered: 5/29/2009 |
Exhibit |
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SEALED DOCUMENT - EXHIBITS A, B AND C IN SUPPORT OF BRADLEY BIRKENFELD'S JOINT REPLY (smi)
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197 |
Filed: 5/28/2009, Entered: 5/29/2009 |
Application to Seal |
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NOTICE and APPLICATION to Seal Documents filed by Defendant Bradley Birkenfeld. (dg)
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Request |
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196 |
Filed: 5/27/2009, Entered: 5/27/2009 |
Declaration (Motion related) |
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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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Request |
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195 |
Filed: 5/27/2009, Entered: 5/27/2009 |
Objection |
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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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Request |
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194 |
Filed: 5/27/2009, Entered: 5/27/2009 |
Reply (Motion related) |
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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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Request |
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193 |
Filed: 5/27/2009, Entered: 5/27/2009 |
Declaration (Motion related) |
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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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Request |
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192 |
Filed: 5/27/2009, Entered: 5/27/2009 |
Objection |
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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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Request |
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191 |
Filed: 5/27/2009, Entered: 5/27/2009 |
Reply (Motion related) |
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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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Request |
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190 |
Filed: 5/27/2009, Entered: 5/27/2009 |
Objection/Opposition (Motion related) |
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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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Request |
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189 |
Filed: 5/27/2009, Entered: 5/27/2009 |
Reply (Motion related) |
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REPLY in support of MOTION to Dismiss Defendant UBS AG[136] filed by Defendant UBS AG. (Kitchens, Dean)
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Request |
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188 |
Filed: 5/27/2009, Entered: 5/27/2009 |
Reply (Motion related) |
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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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Request |
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187 |
Filed: 5/27/2009, Entered: 5/27/2009 |
Response in Support of Motion |
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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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Request |
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186 |
Filed: 5/27/2009, Entered: 5/27/2009 |
Stipulation for Extension of Time to File Response/Reply |
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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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Request |
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185 |
Filed: 5/26/2009, Entered: 5/27/2009 |
Order |
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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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Request |
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184 |
Filed: 5/26/2009, Entered: 5/26/2009 |
Notice of Manual Filing (G-92) |
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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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Request |
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183 |
Filed: 5/26/2009, Entered: 5/26/2009 |
Request For Judicial Notice |
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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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Request |
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182 |
Filed: 5/26/2009, Entered: 5/26/2009 |
Reply (Motion related) |
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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)
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