Thursday, February 18, 2010

Motion for Sanctions

The Department has filed a Motion for Sanctions against Defendants Thomson, Cabezud, and Nagel. The Court ordered that the Defendants provide discovery to the Department. Thomson and Cabezud did not respond at all, and therefor the Department believes they are in violation of the Court's Order to respond. Ms. Nagel did provide a substantial number of documents, but failed to otherwise respond to the discovery. As punishment for violating the Order, the Department is seeking sanctions.

The Hearing on the Motion for Sanctions is set for March 8th, 2010, at 2 PM.

The Department received notice this week that Defendant Cabezud has filed for Chapter 7 bankruptcy protection in California. Case No. 10-10419 AJ 7.

Tuesday, February 16, 2010

David Brimley default judgment

When the Diaz and Nevin firms withdrew as counsel for James Catledge and David Brimley, they has a set time to obtain new counsel or otherwise appear in the action. Brimley never appeared, so the Department moved for entry of default against him. Having obtained default, the Department also was able to get a default judgment.

You can see a copy here.

Tuesday, February 2, 2010

Motion to compel

The State scheduled a Motion to Compel Discovery from Defendants Thomson, Nagel and Cabezud, which was heard on Friday, January 29. The Judge signed an order compelling those Defendants to produce the requested discovery no later than February 12, 2010.

There are no other hearings pending at this time.