Tuesday, March 23, 2010
Barbara Nagel files for bankruptcy protection
Barbara Nagel has now filed for bankruptcy protection in California.
Thursday, March 18, 2010
Another bankruptcy
The Department discovered today that Defendant John Thomson filed for bankruptcy on march 12, 2010, in Utah, case # 10-22990. A notice of the bankruptcy was filed with the District Court in Idaho in this action, and the Court entered a civil disposition regarding Thomson based on the stay.
The Department is considering its response to these developments.
The Department is considering its response to these developments.
Monday, March 15, 2010
Motion to withdraw - Monday, April 5, 2010, 2:30 PM.
At the hearing on the Department's motion for sanctions, and to vacate the order quashing the subpoena of Wells Fargo records, no party other than the Department showed up.
The Judge vacated his order quashing the subpoena. The State is now free to proceed with the production.
As a sanction for violating his order to provide discovery, the judge "deemed admitted" the Requests for Admission previously filed by the State. He also directed me to provide a proposed order giving defendants Thomson, Cabezud and Nagel 10 days to show cause why their answers should not be stricken. I have sent him the proposed order, and copied it to the other parties.
Counsel for Thomson, Cabezud and Nagel filed various motions on Friday, March 12. He has asserted the bankruptcy stay in an effort to avoid the actions against Cabezud. He has moved for a protective order to prevent the depositions of Thomson, Cabezud and Nagel that are currently set for the end of this month. He moved to withdraw as counsel for the three defendants. He also objected to the proposed order to show cause.
Counsel for defendants noticed the motion to withdraw for Monday, April 5, 2010, at 2:30 PM.
The Judge vacated his order quashing the subpoena. The State is now free to proceed with the production.
As a sanction for violating his order to provide discovery, the judge "deemed admitted" the Requests for Admission previously filed by the State. He also directed me to provide a proposed order giving defendants Thomson, Cabezud and Nagel 10 days to show cause why their answers should not be stricken. I have sent him the proposed order, and copied it to the other parties.
Counsel for Thomson, Cabezud and Nagel filed various motions on Friday, March 12. He has asserted the bankruptcy stay in an effort to avoid the actions against Cabezud. He has moved for a protective order to prevent the depositions of Thomson, Cabezud and Nagel that are currently set for the end of this month. He moved to withdraw as counsel for the three defendants. He also objected to the proposed order to show cause.
Counsel for defendants noticed the motion to withdraw for Monday, April 5, 2010, at 2:30 PM.
Tuesday, March 2, 2010
Catledge answer; motion to quash
James Catledge and the Impact defendants filed an Answer on February 25, 2010.
Counsel for Defendants Thomson, Cabezud and Nagel filed a petition to quash a subpoena issued by the Department to Wells Fargo Bank, seeking bank records related to James Catledge and various Impact and Impact-related entities. The judge granted that motion to quash. The Department has moved to vacate the order to quash so that it can obtain the records. That motion is also currently set for March 8th, along with the motion for sanctions.
Counsel for Defendants Thomson, Cabezud and Nagel filed a petition to quash a subpoena issued by the Department to Wells Fargo Bank, seeking bank records related to James Catledge and various Impact and Impact-related entities. The judge granted that motion to quash. The Department has moved to vacate the order to quash so that it can obtain the records. That motion is also currently set for March 8th, along with the motion for sanctions.
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