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 16, 2010
Wednesday, February 3, 2010
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.
There are no other hearings pending at this time.
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.
Monday, November 30, 2009
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.
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.
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.
Tuesday, November 3, 2009
Hearing result
At the hearing held on Monday, November 2, 2009, I moved to vacate the hearing on the motion to compel, until such time as new counsel appears, and the judge granted that.
Attorney Mike Diaz appeared by phone, and informed the court that he had been contacted on October 15, 2009 by Nevada (I think) attorney Rob Graham who stated he was taking over the Catledge cases. Diaz said they've now withdrawn from all Catledge cases.
The judge took both the Motion to Dismiss and the Motion to Withdraw under advisement. I had requested that he rule on the Motion to Dismiss as a means to avoid delay if new counsel were to appear and want to contest that motion.
The judge is considering whether to grant the Motion to Withdraw now and then wait to rule on the Motion to Dismiss, or whether to rule on the Motion to Dismiss and then grant the Motion to Withdraw. I argued that the former exposes us to additional delay, and the latter will help move the case along.
The judge said he'd try to rule within 30 days. Once he signs the Order Granting Withdrawal, Catledge will have an additional 20 days to appear either through new counsel, or pro se.
Attorney Mike Diaz appeared by phone, and informed the court that he had been contacted on October 15, 2009 by Nevada (I think) attorney Rob Graham who stated he was taking over the Catledge cases. Diaz said they've now withdrawn from all Catledge cases.
The judge took both the Motion to Dismiss and the Motion to Withdraw under advisement. I had requested that he rule on the Motion to Dismiss as a means to avoid delay if new counsel were to appear and want to contest that motion.
The judge is considering whether to grant the Motion to Withdraw now and then wait to rule on the Motion to Dismiss, or whether to rule on the Motion to Dismiss and then grant the Motion to Withdraw. I argued that the former exposes us to additional delay, and the latter will help move the case along.
The judge said he'd try to rule within 30 days. Once he signs the Order Granting Withdrawal, Catledge will have an additional 20 days to appear either through new counsel, or pro se.
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