The Department has filed a motion to compel Mr. Catledge to respond to discovery filed by the Department in August, 2009. This motion is set for hearing on Monday, May 24, 2010, at 1:30 PM in Judge Wilper's courtroom.
Catledge and the Impact Defendants have filed an opposition to the State's motion, and have also filed a motion requesting a temporary stay of the State's case. The gist of Catledge's motion for a stay is that he is under investigation by the FBI and the US Attorney's Office in the Northern District of California, and he believes the State's action should be stayed until the criminal action (if any comes out of the investigation) is resolved.
This issue will also be heard on May 24th.
Monday, May 17, 2010
Tuesday, March 23, 2010
Barbara Nagel files for bankruptcy protection
Barbara Nagel has now filed for bankruptcy protection in California.
Thursday, March 18, 2010
Another bankruptcy
The Department discovered today that Defendant John Thomson filed for bankruptcy on march 12, 2010, in Utah, case # 10-22990. A notice of the bankruptcy was filed with the District Court in Idaho in this action, and the Court entered a civil disposition regarding Thomson based on the stay.
The Department is considering its response to these developments.
The Department is considering its response to these developments.
Monday, March 15, 2010
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.
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.
Tuesday, March 2, 2010
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.
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.
Thursday, February 18, 2010
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.
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.
Tuesday, February 16, 2010
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.
You can see a copy here.
Subscribe to:
Posts (Atom)