The State has filed a motion for partial summary judgment, as to Count 5 of the Verified Complalint. This motion seeks a judgment that James Catledge and Impact violated the Consent Order to Cease and Desist. The State is asking for an order that Catledge and Impact obey the terms of the Consent Order, and that they be ordered to make rescission payments.
This motion is currently set for hearing on October 6, 2010, at 3:00 PM, in the Ada County Courthouse.
Friday, September 10, 2010
Tuesday, July 27, 2010
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.
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.
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.
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.
Monday, May 17, 2010
Motion to compel, motion for stay
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.
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.
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.
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