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.

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.

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.

Motion to compel

The Department of Finance has filed a motion to compel discovery against Barbara Nagel, Steve Cabezud, and John Thomson. We filed our discovery requests in August, and they have never responded.

The motion is set for hearing on December 14, 2009, at 11:00 AM, in the Fourth District courthouse, in Boise.

The judge has not yet ruled on Impact's Motion to Dismiss.

Update: The motion to compel was postponed due to a potential conflict that arose with the date. Unless an arrangement can be reached with counsel for defendants, we will re-set the motion for hearing.

There have been no other new developments.