Tuesday, July 27, 2010

A flurry of motions

Defendants John Thomson, Steve Cabezud and Barbara Nagel recently obtained new counsel, Boise attorney Thomas Banducci.

The Department filed a Motion to Strike Answers of Thomson, Cabezud and Nagel, and asked the court to enter default, based on the defendants' failure to comply with the court's order compelling discovery and its order to show cause. Banducci has filed an opposition to this motion.

Banducci has also filed a motion to set aside the court's order deeming the Department's Requests for Admission as admitted, and has attempted to respond to the court's order to show cause. The Department has filed briefing opposing these two efforts, and has filed a motion to strike from the record parts of what defendants filed.

The hearing on the various motions is set for Monday, August 2, 2010, at 11:00 AM, in the Ada County courthouse.

The Department is still waiting for the judge to sign the stipulated order on Catledge's Motion for Protective Order, and we are also waiting for the judge to sign the documents to take a default judgment against Derek Elliott.

Update: Just received the judgment and permanent injunction against Elliott, and the order for the Protective Order. The Department was awarded a judgment amount against Derek Elliott and Sun Village Juan Dolio Associates in the amount of $2,653,880.65.