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.

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.

Motion for Sanctions

The Department has filed a Motion for Sanctions against Defendants Thomson, Cabezud, and Nagel. The Court ordered that the Defendants provide discovery to the Department. Thomson and Cabezud did not respond at all, and therefor the Department believes they are in violation of the Court's Order to respond. Ms. Nagel did provide a substantial number of documents, but failed to otherwise respond to the discovery. As punishment for violating the Order, the Department is seeking sanctions.

The Hearing on the Motion for Sanctions is set for March 8th, 2010, at 2 PM.

The Department received notice this week that Defendant Cabezud has filed for Chapter 7 bankruptcy protection in California. Case No. 10-10419 AJ 7.

David Brimley default judgment

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.

Recent news stories

Here are links to a couple of recent articles about James Catledge.

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.

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.