The judge ruled from the bench in yesterday's hearing, and granted the State's Motion for Partial Summary Judgment as to Count 5, in all respects.
He has ordered James Catledge to comply with the Consent Order to Cease and Desist and make the rescission payments of about $1.9 mil. He also awarded pre-judgment interest of over $400,000, and levied a penalty of $10,000 for failure to comply with the Cease and Desist order. The judge also awarded a money judgment to the State as a means to help the State collect the money. The judgment is for slightly over $2.4 mil.
Showing posts with label Catledge. Show all posts
Showing posts with label Catledge. Show all posts
Thursday, November 11, 2010
Monday, June 14, 2010
Motion for protective order
During the May 24th hearing on the State's Motion to Compel and Catledge's Motion for Stay, counsel for Catledge verbally converted their Motion to Stay to a Motion for Protective Order. The judge directed counsel to prepare a draft protective order.
Catledge's counsel and I have been negotiating the terms of the order. I expect we will reach some agreement and will submit that to the judge for his review and approval.
The judge did not rule on the State's Motion to Compel, as that was essentially subsumed by the Motion for Protective Order. Counsel are also negotiating terms of future discovery.
Catledge's counsel and I have been negotiating the terms of the order. I expect we will reach some agreement and will submit that to the judge for his review and approval.
The judge did not rule on the State's Motion to Compel, as that was essentially subsumed by the Motion for Protective Order. Counsel are also negotiating terms of future discovery.
Wednesday, December 23, 2009
Motion to Dismiss Denied
The Department received today Judge Wilper's Order Denying Catledge's and Impact's Motion to Dismiss. He ruled 1) that the case is not barred by the statute of limitations contained in Idaho Code Sec. 30-14-509; 2) that the complaint was pled with sufficient particularity; and 3) that the Department did not fail to join indispensable parties.
Catledge and Impact must now file an Answer and the case can proceed. For various reasons, the deadline for filing the Answer is not set in stone, so I cannot give that date at this time.
We will post a copy of the Order a bit later.
Catledge and Impact must now file an Answer and the case can proceed. For various reasons, the deadline for filing the Answer is not set in stone, so I cannot give that date at this time.
We will post a copy of the Order a bit later.
Tuesday, November 24, 2009
New Catledge counsel
James Catledge and his Impact companies have retained new local counsel; Monte N. Stewart of the Boise firm Belnap Law, PLLC. So far, no other out-of-state counsel has requested admission.
Mr. Stewart has substituted in, thus rendering the motion to withdraw moot as to Catledge and the Impact companies. The motion is still pending as to David Brimley.
With the substitution of counsel, we should be able to proceed without further delays. As of today, the judge has not ruled on the pending motion to dismiss, or the pending motion for reconsideration.
Mr. Stewart has substituted in, thus rendering the motion to withdraw moot as to Catledge and the Impact companies. The motion is still pending as to David Brimley.
With the substitution of counsel, we should be able to proceed without further delays. As of today, the judge has not ruled on the pending motion to dismiss, or the pending motion for reconsideration.
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