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APPEAL, NDISPO, TERMED
U.S. District Court District of Colorado (Denver) CIVIL DOCKET FOR CASE #: 1:03-cv-02504-REB-CBS Internal Use Only
Hornick v. Boyce, et al Assigned to: Judge Robert E. Blackburn Referred to: Magistrate Judge Craig B Shaffer Demand: $0 Cause: 28:1332 Diversity-Other Contract Plaintiff Peter Hornick an individual
Date Filed: 12/09/2003 Date Terminated: 09/06/2006 Jury Demand: None Nature of Suit: 190 Contract: Other Jurisdiction: Diversity
represented by Erich Schwiesow Lester, Sigmond, Rooney & Schwiesow 311 San Juan Avenue P.O. Box 1270 Alamosa, CO 81101-7195 719-589-6626 Fax: 719-589-5555 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Herbert Anthony Delap Dufford & Brown, P.C. 1700 Broadway #2100 Denver, CO 80290-2101 303-861-8013 Fax: 303-832-3804 Email: [email protected] TERMINATED: 03/01/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED Robert James Bruce Lawlis & Bruce, LLC 1875 Lawrence Street #750 Denver, CO 80202 303-573-5498 Fax: 303-573-5537 Email: [email protected] TERMINATED: 09/01/2005 LEAD ATTORNEY
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V. Defendant Gary Boyce individual represented by Allan L. Hale Hale Friesen, LLP 1430 Wynkoop Street #300 Denver, CO 80202 720-904-6000 Fax: 720-904-6006 Email: [email protected] TERMINATED: 01/22/2007 LEAD ATTORNEY John Gregory Lubitz Oster & Martin, LLC 370 Seventeenth Street #4400 Denver, CO 80202-1370 303-382-1200 Fax: 303-382-1202 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Scott Ari Hyman Oster & Martin, LLC 370 Seventeenth Street #4400 Denver, CO 80202-1370 303-382-1200 Fax: 303-382-1202 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Robert T. Hoban Hale Friesen, LLP 1430 Wynkoop Street #300 Denver, CO 80202 720-904-6000 Fax: 720-904-6006 Email: [email protected] TERMINATED: 10/05/2006 Defendant Joanne Boyce represented by Allan L. Hale
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individual
(See above for address) TERMINATED: 01/22/2007 LEAD ATTORNEY John Gregory Lubitz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Scott Ari Hyman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Robert T. Hoban (See above for address) TERMINATED: 10/05/2006
Counter Claimant Gary Boyce individual represented by Allan L. Hale (See above for address) TERMINATED: 01/22/2007 LEAD ATTORNEY John Gregory Lubitz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Scott Ari Hyman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Robert T. Hoban (See above for address) TERMINATED: 10/05/2006 Counter Claimant Joanne Boyce individual represented by Allan L. Hale (See above for address) TERMINATED: 01/22/2007 LEAD ATTORNEY John Gregory Lubitz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Scott Ari Hyman
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(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Robert T. Hoban (See above for address) TERMINATED: 10/05/2006 V. Counter Defendant Peter Hornick an individual represented by Peter Hornick 177 W. 83rd Street Suite 5N New York, NY 10024 PRO SE Herbert Anthony Delap (See above for address) TERMINATED: 03/01/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED Robert James Bruce (See above for address) TERMINATED: 09/01/2005 LEAD ATTORNEY
Date Filed 12/09/2003 12/09/2003 12/10/2003
#
Docket Text 1 COMPLAINT (Summons(es) issued) (bpm) (Entered: 12/10/2003) FILING FEE PAID: on 12/9/03 in the amount of $ 150, receipt # 248320. (bpm) (Entered: 12/10/2003) 2 ORDER R16,stat,stlmt,pt,pto referred to Magistrate Judge Craig B. Shaffer by Judge Robert E. Blackburn (cc: to counsel) (dlb) (Entered: 12/11/2003) 3 ORDER FOR RULE 16 CONFERENCE by Magistrate Judge Craig B. Shaffer ; Rule 16 conference set for 3:30 2/24/04 (cc: all counsel) (dlb) (Entered: 12/23/2003) 4 WAIVER OF SERVICE of Summons and Complaint by defendant Gary Boyce, defendant Joanne Boyce on 1/6/04; answer due by 2/5/04 (dlb) (Entered: 01/07/2004) 5 ATTORNEY APPEARANCE for defendant Gary Boyce, defendant Joanne Boyce by Allan L. Hale (dlb) (Entered: 01/07/2004) 6 MOTION by plaintiff Peter Hornick to continue scheduling/planning
12/22/2003
01/06/2004
01/06/2004 02/02/2004
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conf (dlb) (Entered: 02/03/2004) 02/03/2004 7 MEMORANDUM by Judge Robert E. Blackburn referring to Magistrate Judge Craig B. Shaffer the motion to continue scheduling/planning conf [6-1] (pap) (Entered: 02/04/2004) 8 MINUTE ORDER : by Magistrate Judge Craig B. Shaffer granting motion to continue scheduling/planning conf [6-1] ; rule 16 conference set for 10:00 4/5/04 (cc: all counsel) ; entry date : 2/5/04 (dlb) (Entered: 02/05/2004) 9 MOTION by defendants to dismiss purs to Fed.R.Civ.P. 12(b)(7) (dlb) (Entered: 02/06/2004) 10 MOTION by plaintiff Peter Hornick to extend time to 3/5/04 to respond to dft's mtn to dismiss (dlb) (Entered: 02/23/2004) 11 MINUTE ORDER : by Judge Robert E. Blackburn denying motion to extend time to 3/5/04 to respond to dft's mtn to dismiss [10-1] (cc: all counsel) ; entry date : 2/24/04 (dlb) (Entered: 02/24/2004) 12 RESPONSE by plaintiff Peter Hornick to motion to dismiss purs to Fed.R.Civ.P. 12(b)(7) [9-1] (dlb) (Entered: 03/03/2004) 13 Amended MOTION by plaintiff Peter Hornick to extend time to file response to dft's mtn to dismiss *filed simultaneously with motion (dlb) (Entered: 03/03/2004) 14 MINUTE ORDER : by Judge Robert E. Blackburn granting motion to extend time to file response to dft's mtn to dismiss [13-1], regarding [9-1] motion to dismiss purs to Fed.R.Civ.P. 12(b)(7) (cc: all counsel) ; entry date : 3/3/04 (dlb) (Entered: 03/03/2004) 15 REPLY by defendants to pla's response to dft's motion to dismiss purs to Fed.R.Civ.P. 12(b)(7) [9-1] (dlb) (Entered: 03/18/2004) 16 Stipulated MOTION by plaintiff, defendant to continue scheduling conf and associated deadlines (dlb) (Entered: 03/30/2004) 17 MEMORANDUM by Judge Robert E. Blackburn referring to Magistrate Judge Craig B. Shaffer the motion to continue scheduling conf and associated deadlines [16-1] (dlb) (Entered: 03/30/2004) 18 MINUTE ORDER : by Magistrate Judge Craig B. Shaffer granting motion to continue scheduling conf and associated deadlines [16-1] rule 16 conf VACATED on 3/31/04 regarding [9-1] dft's motion to dismiss purs to Fed.R.Civ.P. 12(b)(7); parties are directed to contact the court within 10 days of order; (cc: all counsel) ; entry date : 3/31/04 (dlb) (Entered: 03/31/2004) 19 NOTICE of Change of firm name of Hale Friesen LLP by defendant (dlb) (Entered: 08/05/2004) 20 ORDER by Judge Robert E. Blackburn denying dft's motion to dismiss purs to Fed.R.Civ.P. 12(b)(7) [9-1] (cc: all counsel) ; entry date : 9/21/04
02/04/2004
02/05/2004 02/20/2004 02/23/2004
03/02/2004 03/02/2004
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03/17/2004 03/29/2004 03/30/2004
03/31/2004
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(dlb) (Entered: 09/21/2004) 09/30/2004 11/02/2004 21 ANSWER by defendant to complaint [1-1] (dlb) (Entered: 10/01/2004) 22 MINUTE ORDER Scheduling Conference set for 12/20/2004 02:00 PM in Courtroom A 402 before Magistrate Judge Craig B Shaffer by Judge Craig B Shaffer on 11/2/04. (dlb, ) (Entered: 11/03/2004) 23 NOTICE of Change of firm name by counsel for Robert James Bruce (dlb, ) (Entered: 11/04/2004) 24 Notification of MOTION to Withdraw as Attorney by Plaintiff Peter Hornick. (dlb, ) (Entered: 11/04/2004) 25 NOTICE of re [24] MOTION to Withdraw as Attorney (dlb, ) (Entered: 11/04/2004) 26 MEMORANDUM referring to Magistrate Judge Shaffer [24] MOTION to Withdraw as Attorney filed by Peter Hornick by Judge Robert E. Blackburn on 11/3/04. (erv, ) (Entered: 11/05/2004) 27 ORDER denying [24] Motion to Withdraw as Attorney. Signed by Magistrate Judge Craig B Shaffer on 11/8/04. (dlb, ) (Entered: 11/10/2004) 28 MOTION to Withdraw as Attorney Robert J. Bruce by Plaintiff Peter Hornick. (dlb, ) (Entered: 11/12/2004) 29 NOTICE by Peter Hornick re [28] MOTION to Withdraw as Attorney (dlb, ) (Entered: 11/12/2004) 30 MEMORANDUM referring Magistrate Shaffer [28] MOTION to Withdraw as Attorney filed by Peter Hornickby Judge Robert E. Blackburn on 11/9/04. (dlb, ) (Entered: 11/12/2004) 31 ORDER granting [28] Motion to Withdraw as Attorney. Attorney Robert James Bruce terminated . Signed by Magistrate Judge Craig B Shaffer on 11/12/04; until pro se pla is able to obtain counsel, he is reminded the scheduling conf is set for 12/20/04 at 2:00 pm (dlb, ) (Entered: 11/16/2004) 32 MOTION for leave to Amend answer and to assert counteclaim re: [21] Answer to Complaint by Defendants Gary Boyce, Joanne Boyce. (dlb, ) (Entered: 12/15/2004) TENDERED First Amended Answer and Counteclaim to [32] MOTION for leave to Amend answer and to assert counteclaim re: [21] Answer to Complaint by Defendants Gary Boyce, Joanne Boyce(dlb, ) (Entered: 12/15/2004) 33 MEMORANDUM referring to Magistrate Shaffer [32] MOTION to Amend/Correct [21] Answer to Complaint filed by Gary Boyce,, Joanne Boyce, by Judge Robert E. Blackburn on 12/14/04. (dlb, ) (Entered: 12/16/2004)
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34 NOTICE of Appearance by Robert James Bruce on behalf of Peter Hornick (dlb, ) (Entered: 12/21/2004) 35 Minute Entry for proceedings held before Judge Craig B Shaffer : Scheduling Conference held on 12/20/2004. New complete scheduling order due 12/28/04. Dfts' [32] MOTION to Amend [21] Answer to assert counterclaim filed by Gary Boyce,, Joanne Boyce is granted. Discovery due by 4/29/2005. Dispositive Motions due by 5/31/2005. Final Pretrial Conference set for 7/18/2005 10:00 AM before Magistrate Judge Craig B Shaffer. Trial Preparation Conference set for 8/26/2005 at 9:00 a.m. before Judge Robert E. Blackburn. 3 day Bench Trial set for 8/29/2005 08:30 AM before Judge Robert E. Blackburn. (Court Reporter FTR.) (gms, ) (Entered: 12/23/2004) ORDER granting Dfts' [32] Motion to Amend answer and to assert counterclaim, per minutes by Magistrate Judge Craig B Shaffer on 12/20/04. (gms, ) (Entered: 12/23/2004) 36 First AMENDED ANSWER to [1] Complaint and COUNTERCLAIM against Peter Hornick by Defendants Gary Boyce, Joanne Boyce, Plaintiff Peter Hornick. (gms, ) (Entered: 12/23/2004) 37 TRIAL PREPARATION CONFERENCE ORDER: Three (3) day Bench Trial set for 8/29/2005 09:00 AM in Courtroom A 701 before Judge Robert E. Blackburn. Trial Preparation Conference set for 8/26/2005 at 09:00 AM in Courtroom A 701 before Judge Robert E. Blackburn. Signed by Judge Robert E. Blackburn on 12/22/04. (dlb, ) (Entered: 12/27/2004) 38 SCHEDULING ORDER: Discovery due by 4/29/2005. Dispositive Motions due by 5/31/2005. Parties updated memorandum on settlement status by 2/11/05. Signed by Magistrate Judge Craig B Shaffer on 1/10/05. (dlb, ) (Entered: 01/12/2005) 39 Reply (ANSWER) to Counterclaim by Peter Hornick.(dlb, ) (Entered: 01/20/2005) 40 MINUTE ORDER: settlement conference not productive at this time by Magistrate Judge Craig B Shaffer on 2/16/05. (dlb, ) (Entered: 02/18/2005) 41 MOTION For Extension of Time for discovery cutoff deadline to 6/30/05 by Defendants Gary Boyce, Joanne Boyce. (dlb, ) (Entered: 03/25/2005) 42 MEMORANDUM referring to Magistrate Judge Shaffer : [41] MOTION For Extension of Time filed by Gary Boyce,, Joanne Boyce, by Judge Robert E. Blackburn on 3/25/05. (dlb, ) (Entered: 03/28/2005) 43 MINUTE ORDER Setting Hearing on Motion [41] MOTION For Extension of Time for discovery cutoff deadline to 6/30/05 by Defendants Gary Boyce, Joanne Boyce. Plaintiff to respond by 4/7/05, no reply permitted. Motion Hearing set for 4/11/2005 08:30 AM in Courtroom A 402 before Magistrate Judge Craig B Shaffer by Magistrate
12/20/2004
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01/14/2005 02/16/2005
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Judge Craig B Shaffer on 3/29/05. (dlb, ) (Entered: 03/31/2005) 04/07/2005 04/08/2005 04/11/2005 44 Pla's RESPONSE to [41] MOTION For Extension of Time for discovery cutoff deadline to 6/30/05 by Defendants (dlb, ) (Entered: 04/08/2005) 45 SUPPLEMENT to [41] MOTION For Extension of Time for discovery cutoff deadline to 6/30/05 by Defendants. (dlb, ) (Entered: 04/11/2005) 46 ORDER granting [41] MOTION For Extension of Time for discovery cutoff deadline to 5/31/05. The hearing set for 4/11/05 is VACATED. Signed by Magistrate Judge Craig B Shaffer on 4/11/05. (dlb, ) (Entered: 04/11/2005) 47 Stipulated MOTION For Extension of Time of the discovery cutoff deadline by the parties. (dlb, ) (Entered: 05/23/2005) 48 MEMORANDUM referring to Magistrate Judge Shaffer : [47] Stipulated MOTION For Extension of Time of the discovery cutoff deadline by the parties by Judge Robert E. Blackburn on 5/20/05. (dlb, ) (Entered: 05/25/2005) 49 MINUTE ORDER denying [47] Stipulated MOTION For Extension of Time of the discovery cutoff deadline by the parties by Magistrate Judge Craig B Shaffer on 6/2/05. (dlb, ) (Entered: 06/06/2005) 50 MOTION for Leave to conduct limited discovery beyond the discovery cutoff deadline by Defendants Gary Boyce, Joanne Boyce. (dlb, ) (Entered: 06/16/2005) 51 MEMORANDUM referring to Magistrate Judge Shaffer : [50] MOTION for Leave to conduct limited discovery beyond the discovery cutoff deadline by Defendants Gary Boyce, Joanne Boyce by Judge Robert E. Blackburn on 6/16/05. (dlb, ) (Entered: 06/16/2005) 52 MINUTE ORDER re: [50] MOTION for Leave to conduct limited discovery beyond the discovery cutoff deadline by Defendants Gary Boyce, Joanne Boyce. Plaintiff shall respond by 7/5/05. A Motion Hearing set for 7/12/2005 02:00 PM in Courtroom A 402 before Magistrate Judge Craig B Shaffer by Magistrate Judge Craig B Shaffer on 6/21/05. (dlb, ) (Entered: 06/21/2005) 53 Pla's RESPONSE to [50] MOTION for Leave to conduct limited discovery beyond the discovery cutoff deadline by Defendants Gary Boyce, Joanne Boyce. (dlb, ) (Entered: 07/07/2005) 54 Minute Entry for proceedings held before Judge Craig B Shaffer : Motion Hearing held on 7/12/2005. Dft's oral motion to withdraw their [50] MOTION for Leave to Conduct Limited Discovery Beyond the Discovery Cutoff Deadoine filed by Gary Boyce, Joanne Boyce is granted and the motion is withdrawn w/o prejudice. PTC remains set 7/18/05 at 10:00 a.m. (Court Reporter FTR.) (gms, ) (Entered: 07/12/2005) 55 ORDER withdrawing [50] Motion for Leave to Conduct Limited
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Discovery pursuant to minutes by Magistrate Judge Craig B Shaffer on 7/12/05. (Text Only Entry- No Document Attached) (gms, ) (Entered: 07/12/2005) 07/15/2005 07/15/2005 56 Stipulated MOTION to Vacate Trial Date by Plaintiff Peter Hornick. (Bruce, Robert) (Entered: 07/15/2005) 57 Proposed Pretrial Order by Plaintiff Peter Hornick. (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B# 3 Exhibit Exhibit 3# 4 Exhibit Exhibit 4)(Bruce, Robert) (Entered: 07/15/2005) 58 Minute Entry for proceedings held before Judge Craig B Shaffer : Final Pretrial Conference held on 7/18/2005. Discussion re: issue of disqualification. Court will issue OSC. Each party file responses by 8/10/05. Each party has to 8/22/05 to file responses to each others response. (Court Reporter FTR - Reporter Deck - Ctrm A402.) (dlb, ) (Entered: 07/18/2005) 59 ORDER TO SHOW CAUSE: returnable by All parties for why opposing counsel should not be disqualified pursuant to Rule 3.7 from further participation. Show Cause Response due by 8/10/2006 (sic). Signed by Magistrate Judge Craig B Shaffer on 7/18/05. (dlb, ) (Entered: 07/18/2005) 60 MINUTE ORDER granting 56 Stipulated MOTION to Vacate Trial Date by Plaintiff Peter Hornick. The trial prep conference and the trial to the court are vacated. The court shall conduct a telephone conference call on 10/17/05 at 10:00 a.m. to reset by Judge Robert E. Blackburn on 7/18/05. (dlb, ) (Entered: 07/18/2005) 61 ORDER TO SHOW CAUSE: returnable by All parties for why opposing counsel should not be disqualified pursuant to Rule 3.7 from further participation.. Show Cause Response due by 8/10/2005. Signed by Magistrate Judge Craig B Shaffer on 7/18/05. (dlb, ) (Entered: 07/18/2005) 62 NOTICE of Entry of Appearance by Herbert Anthony Delap on behalf of Peter Hornick, Peter Hornick (Delap, Herbert) (Entered: 08/09/2005) 63 MOTION to Withdraw by Plaintiff Peter Hornick. (Bruce, Robert) (Entered: 08/09/2005) 64 NOTICE to Plaintiff Peter Hornick by Plaintiff Peter Hornick (Bruce, Robert) (Entered: 08/09/2005) 65 MOTION for Order to Grant Withdraw of Counsel by Plaintiff Peter Hornick. (Bruce, Robert) (Entered: 08/09/2005) 66 MEMORANDUM referring to Magistrate Judge Shaffer : 63 MOTION to Withdraw filed by Peter Hornick, by Judge Robert E. Blackburn on 8/10/05. (Text Only Entry - No Document Attached) (rebsec, ) (Entered: 08/10/2005) 67 RESPONSE TO ORDER TO SHOW CAUSE re 59 by Plaintiff Peter
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Hornick. (Delap, Herbert) (Entered: 08/10/2005) 08/10/2005 08/15/2005 68 RESPONSE TO ORDER TO SHOW CAUSE re 61, 59 by Defendants Gary Boyce, Joanne Boyce. (Hale, Allan) (Entered: 08/10/2005) 69 NOTICE of Lis Pendens by Plaintiff Peter Hornick, Counter Defendant Peter Hornick (Attachments: # 1 Exhibit Legal Description)(Delap, Herbert) (Entered: 08/15/2005) 70 MOTION to Amend/Correct/Modify Scheduling Order by Defendants Gary Boyce, Joanne Boyce, Counter Claimants Gary Boyce, Joanne Boyce. (Hoban, Robert) (Entered: 08/17/2005) 71 MEMORANDUM referring to Magistrate Judge Shaffer : 70 MOTION to Amend/Correct/Modify Scheduling Order filed by Gary Boyce, Joanne Boyce, by Judge Robert E. Blackburn on 8/18/05. (Text Only Entry - No Document Attached)(rebsec, ) (Entered: 08/18/2005) 72 REPLY to Plaintiff's Response to Order to Show Cause by Defendants Gary Boyce, Joanne Boyce, Counter Claimants Gary Boyce, Joanne Boyce. (Hoban, Robert) (Entered: 08/22/2005) 73 MINUTE ORDER setting Telephonic Status Conference set for 9/1/2005 08:15 AM before Magistrate Judge Craig B Shaffer by Magistrate Judge Craig B Shaffer on 8/23/05. (dlb, ) (Entered: 08/23/2005) 74 REPLY to 68 Response to Order to Show Cause by Plaintiff Peter Hornick. (Delap, Herbert) (Entered: 08/25/2005) 75 RESPONSE to Motion re 70 MOTION to Amend/Correct/Modify Scheduling Order filed by Plaintiff Peter Hornick. (Delap, Herbert) (Entered: 08/30/2005) 76 MINUTE ORDER: Counsel to set trial preparation conference and trial with Judge Blackburn's chambers after final pretrial conference. Telephone conference set 10/17/05 is vacated, by Judge Robert E. Blackburn on 9/1/05. (gms, ) (Entered: 09/01/2005) 77 Minute Entry for proceedings held before Judge Craig B Shaffer : Status Conference/Motions Hearing held on 9/1/2005. Granting 63 MOTION to Withdraw Robert Bruce filed by Peter Hornick, Granting 70 MOTION to Amend Scheduling Order filed by Gary Boyce, Joanne Boyce. Deposition of Hornick to be completed by 9/21/05. Order to show cause is discharged. Supplemental final pretrial conference set 9/28/05 at 3:30 p.m., amended final pretrial order due 9/23/05. (Court Reporter FTR.) (gms, ) (Entered: 09/01/2005) 79 ORDER granting 63 MOTION to Withdraw by Plaintiff and 70 MOTION to Amend/Correct/Modify Scheduling Order by Defendants pursuant to the courtroom minutes by Magistrate Judge Craig B Shaffer on 9/1/05. (dlb, ) (Entered: 09/09/2005) 78 ORDER : Order to Show Cause is discharged. A Supplemental Final Pretrial Conference set for 9/28/2005 03:30 PM in Courtroom A 402
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before Magistrate Judge Craig B Shaffer. Signed by Magistrate Judge Craig B Shaffer on 9/9/05. (dlb, ) (Entered: 09/09/2005) 09/23/2005 80 AMENDED Final PreTrial Order by Defendant Gary Boyce. (Attachments: # 1 Exhibit Plaintiff's Witness List - Exhibit 1# 2 Exhibit Index to Plaintiff's Documents - Exhibit 2# 3 Exhibit Defendants Statement of Claims and Defenses - Exhibit A# 4 Exhibit Defendants Witness List - Exhibit B# 5 Exhibit Defendants Exhibit List - Exhibit C) (Hoban, Robert) (Entered: 09/23/2005) 81 Minute Entry for proceedings held before Judge Craig B Shaffer : Supplemental Final Pretrial Conference/Status Conference held on 9/28/2005. Two-part Settlement Conference set: 10/6/05 at 2:30 p.m. and 10/7/05 at 1:30 p.m. (Court Reporter FTR - Reporter Deck - Ctrm A402.) (dlb, ) (Entered: 09/29/2005) 82 Minute Entry for proceedings held before Judge Craig B Shaffer : Settlement Conference held on 10/6/2005 (Court Reporter None.) (dlb, ) (Entered: 10/11/2005) 83 Minute Entry for proceedings held before Judge Craig B Shaffer : Settlement Conference held on 10/7/2005 (Court Reporter Record Made.) (dlb, ) (Entered: 10/11/2005) 84 MOTION to Withdraw as Attorney by Plaintiff Peter Hornick. (Delap, Herbert) (Entered: 02/22/2006) 85 MEMORANDUM referring to Magistrate Judge Shaffer : 84 MOTION to Withdraw as Attorney filed by Peter Hornick, by Judge Robert E. Blackburn on 2/23/06. (Text Only Entry - No Document Attached) (rebsec, ) (Entered: 02/23/2006) 86 MINUTE ORDER granting 84 MOTION to Withdraw as Attorney Herbert Anthony Delap as counsel for Plaintiff by Magistrate Judge Craig B Shaffer on 3/1/06. (dlb, ) (Entered: 03/01/2006) 87 MINUTE ORDER : Telephonic Status Conference set for 3/7/2008 10:30 AM before Judge Robert E. Blackburn by Judge Robert E. Blackburn on 3/1/06. (dlb, ) (Entered: 03/01/2006) 88 NOTICE of Entry of Appearance by Scott Ari Hyman on behalf of Gary Boyce, Gary Boyce, Joanne Boyce, Joanne Boyce (Hyman, Scott) (Entered: 03/02/2006) 89 NOTICE of Entry of Appearance by Erich Schwiesow on behalf of Peter Hornick (Schwiesow, Erich) (Entered: 03/03/2006) 90 NOTICE of Entry of Appearance Amended Notice of Entry of Appearance by Erich Schwiesow on behalf of Peter Hornick (Schwiesow, Erich) (Entered: 03/06/2006) 91 SECOND TRIAL PREPARATION CONFERENCE ORDER: Three (3) Day Trial to the Court/Bench Trial set for 8/7/2006 09:00 AM in Courtroom A 701 before Judge Robert E. Blackburn. Trial Preparation
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Conference set for 7/28/2006 at 09:30 AM in Courtroom A 701 before Judge Robert E. Blackburn. Signed by Judge Robert E. Blackburn on 3/7/06. (dlb, ) (Entered: 03/07/2006) 03/09/2006 92 NOTICE of Entry of Appearance by John Gregory Lubitz on behalf of Gary Boyce, Gary Boyce, Joanne Boyce, Joanne Boyce (Lubitz, John) (Entered: 03/09/2006) 93 NOTICE of Attorney's Lien by Plaintiff Peter Hornick (Delap, Herbert) (Entered: 05/30/2006) 94 Docket Annotation re: 93 NOTICE of Attorney's Lien by former counsel for Plaintiff Peter Hornick. [Notification for Herbert Delap reactivated pursuant to filing]. Text only entry - no document attached. (dln, ) (Entered: 05/31/2006) 95 Minute Entry for proceedings held before Judge Robert E. Blackburn : Trial Preparation Conference held on 7/28/2006. Trial to Court to commence 8/7/2006 09:00 AM before Judge Robert E. Blackburn. (Court Reporter Suzanne Claar.) (pap, ) (Entered: 07/28/2006) 96 Proposed Findings of Fact by Plaintiff Peter Hornick. (Schwiesow, Erich) (Entered: 07/31/2006) 97 Proposed Findings of Fact and Conclusion of Law by Defendants Gary Boyce, Joanne Boyce, Counter Claimants Gary Boyce, Joanne Boyce. (Lubitz, John) (Entered: 07/31/2006) 98 NOTICE of Errata Re: Defendants/Counterclaimants' Proposed Findings of Fact, Conclusions of Law and Order by Defendants Gary Boyce, Joanne Boyce (Lubitz, John) (Entered: 08/02/2006) 99 TRIAL BRIEF by Plaintiff Peter Hornick. (Schwiesow, Erich) (Entered: 08/03/2006) 100 TRIAL BRIEF of Defendants/Counterclaimants by Defendants Gary Boyce, Joanne Boyce, Counter Claimants Gary Boyce, Joanne Boyce. (Attachments: # 1 Exhibit Exhibit A)(Hale, Allan) (Entered: 08/03/2006) 101 BRIEF on the Issue of Purported Waiver by the Boyces of Closing on Monday, December 10, 2001 by Defendants Gary Boyce, Joanne Boyce. (Hale, Allan) (Entered: 08/07/2006) 102 BRIEF Regarding Exclusion of Opinion Testimony From Robert Bruce by Defendants Gary Boyce, Joanne Boyce. (Hale, Allan) (Entered: 08/07/2006) 103 BRIEF Regarding Boyces' December 18th Offer to Receive Performance and Exclusion of Settlement Discussions by Defendants Gary Boyce, Joanne Boyce. (Hale, Allan) (Modified on 8/11/2006 to indicate WITHDRAWN pursuant to minute order) (dln, ). (Entered: 08/07/2006) 104 Minute Entry for proceedings held before Judge Robert E. Blackburn : Bench Trial, Day 1, held on 8/7/2006 (Court Reporter Suzanne Claar.)
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CM/ECF - U.S. District Court:cod - Docket Report Case 1:03-cv-02504-REB-CBS Document 150-3
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(rebcd) (Entered: 08/09/2006) 08/08/2006 105 Minute Entry for proceedings held before Judge Robert E. Blackburn : Bench Trial completed on 8/8/2006. Trial to the Court/Bench Trial - Day Two. Court will issue findings, orders and judgments as soon as practicable. (Court Reporter Suzanne Claar.) (Attachments: # 1 Exhibit List# 2 Dft's Witness List# 3 Pla's Witness List) (dln, ) (Entered: 08/09/2006) 106 Unopposed MOTION to Withdraw Document 103 BRIEF Regarding Boyces' December 18th Offer to Receive Performance and Exclusion of Settlement Discussions by Defendants Gary Boyce, Joanne Boyce. (Hale, Allan) (Modified on 8/11/2006 to add linkage) (dln, ). (Entered: 08/10/2006) 107 MINUTE ORDER granting 106 Unopposed MOTION to Withdraw Document 103 BRIEF Regarding Boyces' December 18th Offer to Receive Performance and Exclusion of Settlement Discussions by Defendants by Judge Robert E. Blackburn on 8/11/06. (dln, ) (Entered: 08/11/2006) 108 TRANSCRIPT of Trial to the Court - Volume I held on August 7, 2006 before Judge Robert E. Blackburn. Prepared by: Suzanne M. Claar. Pages: 1 - 195. (certified copy) Text Only Entry - Per statute, copies of transcripts are available for inspection in the clerk's office. Parties interested in a copy may contact the court reporter or, in the case of a transcript prepared from a digital-audio taped record, the courtroom deputy for the judicial officer. (dln, ) (Entered: 08/22/2006) 109 TRANSCRIPT of Trial to the Court - Volume II held on August 8, 2006 before Judge Robert E. Blackburn. Prepared by: Suzanne M. Claar. Pages: 197 - 416. (certified copy) Text Only Entry - Per statute, copies of transcripts are available for inspection in the clerk's office. Parties interested in a copy may contact the court reporter or, in the case of a transcript prepared from a digital-audio taped record, the courtroom deputy for the judicial officer. (dln, ) (Entered: 08/22/2006) 110 FINDINGS OF FACT, CONCLUSTIONS OF LAW, AND ORDERS: on the plaintiff's claim for breach of contract, judgment shall enter under FED. R. CIV. P. 58 for general damages in the amount of $3,500,000 in favor of the plaintiff, Peter Hornick, and against the defendants, Gary Boyce and Joanne Boyce, jointly and severally; on the defendants' counterclaim for recision, judgment shall enter underFED. R. CIV. P. 58 in favor of the plaintiff, Peter Hornick, and against the defendants, Gary Boyce and Joanne Boyce, jointly and severally; the plaintiff is awarded prejudgment interest in the amount of eight percent per annum compounded annually on his damages of $3,500,000 from the date of the breach of contract on December 11, 2001, until the date of judgment; the plaintiff is awarded post-judgment interest under 28 U.S.C. 1961 from the date of the entry of judgment until it is satisfied; and the plaintiff is awarded his costs to be requested and taxed pursuant to FED. R. CIV. P. 54(d)(1) and D.C.COLO.LCivR 54.1. Signed by Judge Robert E.
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CM/ECF - U.S. District Court:cod - Docket Report Case 1:03-cv-02504-REB-CBS Document 150-3
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Blackburn on 08/30/06. (rlp) (Entered: 08/30/2006) 09/06/2006 111 JUDGMENT shall enter under FED.R.Civ.P. 58 in favor of Plaintiff Hornick and against Defendants Gary Boyce and Joanne Boyce, jointly and severally in the amount of $3,500.000.00. Defendants' counterclaim for recision, judgment shall enter under FED.R.Civ.P. 58 in favor of the plaintiff, Peter Hornick, and against the defendants, Gary Boyce and Joanne Boyce, jointly and severally. Plaintiff is awarded prejudgment interest in the amount of eightpercent per annum compounded annually on his damages of $3,500,000from the date of the breach of contract on December 11, 2001, until the dateof judgment. Plaintiff is awarded postjudgment interest, in the amount of 5.07% until judgment is satisfied. Plaintiff is awarded his costs. Signed by Charlotte Hoard, Deputy Clerk and approved by Judge Robert E. Blackburn on 9/5/06. (dln, ) (Entered: 09/06/2006) 112 CERTIFICATE of Judgment for Lien Upon Land and Tenements (Transcript of Judgment) by Clerk re: 111 JUDGMENT shall enter under FED.R.Civ.P. 58 in favor of Plaintiff Hornick and against Defendants Gary Boyce and Joanne Boyce, jointly and severally in the amount of $3,500.000.00. Defendants' counterclaim for recision, judgment shall enter under FED.R.Civ.P. 58 in favor of the plaintiff, Peter Hornick, and against the defendants, Gary Boyce and Joanne Boyce, jointly and severally. Plaintiff is awarded prejudgment interest in the amount of eightpercent per annum compounded annually on his damages of $3,500,000from the date of the breach of contract on December 11, 2001, until the dateof judgment. Plaintiff is awarded postjudgment interest, in the amount of 5.07% until judgment is satisfied. Plaintiff is awarded his costs. (dln, ) (Entered: 09/08/2006) 113 CERTIFICATE of Judgment for Lien Upon Land and Tenements (Transcript of Judgment) by Clerk re: 111 JUDGMENT shall enter under FED.R.Civ.P. 58 in favor of Plaintiff Hornick and against Defendants Gary Boyce and Joanne Boyce, jointly and severally in the amount of $3,500.000.00. Defendants' counterclaim for recision, judgment shall enter u nder FED.R.Civ.P. 58 in favor of the plaintiff, Peter Hornick, and against the defendants, Gary Boyce and Joanne Boyce, jointly and severally. Plaintiff is awarded prejudgment interest in the amount of eightpercent per annum compounded annually on hi s damages of $3,500,000from the date of the breach of contract on December 11, 2001, until the dateof judgment. Plaintiff is awarded postjudgment interest, in the amount of 5.07% until judgment is satisfied. Plaintiff is awarded his costs. (dln, ) (Entered: 09/11/2006) 114 Proposed Bill of Costs by Plaintiff Peter Hornick. (Schwiesow, Erich) (Entered: 09/15/2006) 115 STIPULATION re 114 Proposed Bill of Costs by Plaintiff Peter Hornick, Defendants Gary Boyce, Joanne Boyce, Counter Claimants Gary Boyce, Joanne Boyce, Counter Defendant Peter Hornick. (Schwiesow, Erich) (Entered: 09/15/2006)
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CM/ECF - U.S. District Court:cod - Docket Report Case 1:03-cv-02504-REB-CBS Document 150-3
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116 MOTION to Amend/Correct/Modify 110 FINDINGS OF FACT, CONCLUSTIONS OF LAW, AND ORDERS by Defendants Gary Boyce, Joanne Boyce, Counter Claimants Gary Boyce, Joanne Boyce. (Attachments: # 1 Exhibit Exhibit A- Complaint)(Hale, Allan) (Modified on 9/19/2006 to add linkage) (dln, ). (Entered: 09/18/2006) 117 MOTION to Stay (Forthwith) 111 JUDGMENT shall enter under FED.R.Civ.P. 58 in favor of Plaintiff Hornick and against Defendants Gary Boyce and Joanne Boyce, jointly and severally in the amount of $3,500.000.00 Pending Determination of Post-Trial Motions by Defendants Gary Boyce, Joanne Boyce, Counter Claimants Gary Boyce, Joanne Boyce. (Attachments: # 1 Exhibit A- Notice of Filing Foreign Judgment)(Hale, Allan) (Modified on 9/19/2006 to add linkage)(dln, ). (Entered: 09/18/2006) 118 Docket Annotation re: 116 MOTION to Amend/Correct/Modify 110 FINDINGS OF FACT, CONCLUSTIONS OF LAW, AND ORDERS by Defendants and 117 MOTION to Stay (Forthwith) 111 JUDGMENT shall enter under FED.R.Civ.P. 58 in favor of Plaintiff Hornick and against Defendants Gary Boyce and Joanne Boyce, jointly and severally in the amount of $3,500.000.00 Pending Determination of Post -Trial Motions by Defendants. [Entries modified to add linkage]. Text only entry - no document attached. (dln, ) (Entered: 09/19/2006) 119 MOTION for Contempt MOTION TO HOLD PLAINTIFF IN CONTEMPT FOR VIOLATION of FED.R.CIV.P. 62(a) AND REQUEST FOR FORTHWITH HEARING by Defendants Gary Boyce, Joanne Boyce, Counter Claimants Gary Boyce, Joanne Boyce. (Attachments: # 1 Exhibit A- Declaration of Joanne Boyce# 2 Exhibit B- Docs Served on J Boyce# 3 Exhibit C- Writ of Garnishment)(Lubitz, John) (Entered: 09/19/2006) 120 MOTION to Withdraw Document re 119 MOTION for Contempt MOTION TO HOLD PLAINTIFF IN CONTEMPT FOR VIOLATION of FED.R.CIV.P. 62(a) AND REQUEST FOR FORTHWITH HEARING MOTION for Contempt MOTION TO HOLD PLAINTIFF IN CONTEMPT FOR VIOLATION of FED.R.CIV.P. 62(a) AND REQUEST FOR FORTHWITH HEARING by Defendants Gary Boyce, Joanne Boyce, Counter Claimants Gary Boyce, Joanne Boyce. (Attachments: # 1 Exhibit A- Schwiesow letter# 2 Exhibit B- Lubitz letter)(Lubitz, John) (Entered: 09/20/2006) 121 MINUTE ORDER granting 120 MOTION to Withdraw Document and demming withdrawn 119 MOTION for Contempt MOTION TO HOLD PLAINTIFF IN CONTEMPT FOR VIOLATION of FED.R.CIV.P. 62(a) AND REQUEST FOR FORTHWITH HEARING MOTION for Contempt MOTION TO HOLD PLAINTIFF IN CONTEMPT FOR VIOLATION of FED.R.CIV.P. 62(a) AND REQUEST FOR FORTHWITH HEARING by Defendants by Judge Robert E. Blackburn on 9/20/06.(dln, ) (Entered: 09/20/2006) 122 MOTION to Withdraw as Attorney (Robert T. Hoban) by Defendants
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CM/ECF - U.S. District Court:cod - Docket Report Case 1:03-cv-02504-REB-CBS Document 150-3
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Gary Boyce, Joanne Boyce, Counter Claimants Gary Boyce, Joanne Boyce. (Attachments: # 1 Proposed Order (PDF Only) Granting Withdraw)(Lubitz, John) (Entered: 10/04/2006) 10/04/2006 123 MEMORANDUM regarding 122 MOTION to Withdraw as Attorney (Robert T. Hoban) filed by Gary Boyce, Joanne Boyce by Judge Robert E. Blackburn on 10/4/06. (Text Only Entry - No Document Attached) Motions referred to Magistrate Judge Craig B Shaffer (rebsec, ) (Entered: 10/04/2006) 124 ORDER granting 122 Motion to Withdraw as Attorney. Attorney Robert T. Hoban terminated. Signed by Magistrate Judge Craig B Shaffer on 10/5/06.(erv, ) (Entered: 10/05/2006) 125 RESPONSE to Motion 117to Stay Judgment Pending Determination of Post-Trial Motions filed by Plaintiff Peter Hornick. (Attachments: # 1 Exhibit Exhibit 1, Vaca Disclosures 05CV45)(Schwiesow, Erich) (Modified on 10/10/2006 to reflect the linkage to the Motion)(erv, ). (Entered: 10/06/2006) 126 RESPONSE to Motion re 116 MOTION to Amend/Correct/Modify Findings filed by Plaintiff Peter Hornick. (Schwiesow, Erich) (Entered: 10/06/2006) 127 Reply to 117 Response to Motion In Support of Forthwith Motion to Stay Judgment Pending Termination of Post Trial Motions by Defendants Gary Boyce, Joanne Boyce, Counter Claimants Gary Boyce, Joanne Boyce. (Attachments: # 1 Exhibit B# 2 Exhibit C# 3 Exhibit D# 4 Exhibit E# 5 Exhibit F# 6 Exhibit G# 7 Exhibit H)(Hale, Allan) (Modified on 10/11/2006 to correct the title of the pleading and to correct the linkage to the Motion)(erv, ). (Entered: 10/10/2006) 128 Docket Annotation re: 127 Reply to Response to Motion in Support of Forthwith Motion to Stay Jgm pending Termination of Post Trial Motions, Corrected the title of the Entry and linkage to the Motion 117, Text only entry - no document attached. (erv, ) (Entered: 10/11/2006) 129 REPLY to Response to Motion re 116 MOTION to Amend/Correct/Modify Findings filed by Defendants Gary Boyce, Joanne Boyce, Counter Claimants Gary Boyce, Joanne Boyce. (Hale, Allan) (Entered: 10/13/2006) 130 MOTION for Protective Order Striking Debtor Interrogatories by Defendants Gary Boyce, Joanne Boyce, Counter Claimants Gary Boyce, Joanne Boyce. (Attachments: # 1 Exhibit EX A# 2 Exhibit EX B# 3 Proposed Order (PDF Only) Prop Order)(Hale, Allan) (Entered: 10/24/2006) 131 Costs Taxed in amount of $ 1,881.44 against Gary Boyce and Joanne Boyce (erv, ) (Entered: 10/25/2006) 132 RESPONSE to Motion re 130 MOTION for Protective Order Striking Debtor Interrogatories filed by Plaintiff Peter Hornick. (Schwiesow,
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CM/ECF - U.S. District Court:cod - Docket Report Case 1:03-cv-02504-REB-CBS Document 150-3
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Erich) (Entered: 10/25/2006) 10/27/2006 10/30/2006 133 ANSWER to Writ of Garnishment by Lynne Thompson Clerk of the Saguache Combined Courts. (erv, ) (Entered: 10/27/2006) 134 RESPONSE to Motion re 130 MOTION for Protective Order Striking Debtor Interrogatories Supplement to Response - transcript filed by Plaintiff Peter Hornick. (Attachments: # 1 Exhibit Transcript from Sep 25 status conference)(Schwiesow, Erich) (Entered: 10/30/2006) 135 REPLY to Response to Motion re 130 MOTION for Protective Order Striking Debtor Interrogatories filed by Defendants Gary Boyce, Joanne Boyce. (Attachments: # 1 Exhibit A)(Hyman, Scott) (Entered: 11/13/2006) 136 ORDER granting in part and denying in part 116 Motion to Amend or Alter Findings; granting 117 Dfts Forthwith Motion to Stay Jgm Pendingf Determination of Post Trial Motions; Denying as moot 130 Motion for Protective Order Striking Debtor Interrogatories. Signed by Judge Robert E. Blackburn on 12/27/06.(erv, ) (Entered: 12/27/2006) 137 AMENDED FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDERS re: 110 8/30/06 Findings of Fact, Conclusions of Law and Orders, Pla's claim for breach of contract, judgment shall enter under FED. R. CIV. P. 58 for general damages in the amount of $1,500,000 in favor of the plaintiff, Peter Hornick, and against the defendants jointly and severally; Dfts Counterclaim for recision, jgm shall enter in favor of Pla and against Dfts jointly and severally; plaintiff is awarded prejudgment interest in the amount of eight percent per annum compounded annually on his damages of $1,500,000; plaintiff is awarded post-judgment interest under 28 U.S.C. ยง 1961; the plaintiff is awarded his costs; That this amended order supplants and supersedes the Findings of Fact, Conclusions of Law, and Orders 110 entered August 30, 2006.. Signed by Judge Robert E. Blackburn on 1/2/07. (erv, ) (Entered: 01/02/2007) 138 NOTICE of Entry of Appearance on Behalf of Gary Boyce and Joanne Boyce and Notice of Change of Firm Affiliation by John Gregory Lubitz on behalf of Gary Boyce, Joanne Boyce (Lubitz, John) (Entered: 01/09/2007) 139 CERTIFICATE of Judgment for Lien Upon Land and Tenements (Transcript of Judgment) by Clerk re: 137 Order,111 Judgment. (gms, ) (Entered: 01/12/2007) 140 MOTION to Withdraw as Attorney by Allan L. Hale by Defendant Gary Boyce. (Attachments: # 1 Exhibit Tab A Notice of Withdrawal# 2 Proposed Order (PDF Only) Tab B Order Granting Motion to Withdraw [Proposed])(Hale, Allan) (Entered: 01/19/2007) 141 MEMORANDUM regarding 140 MOTION to Withdraw as Attorney by Allan L. Hale filed by Gary Boyce by Judge Robert E. Blackburn on 1/22/07. (Text Only Entry - No Document Attached)Motions referred to
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CM/ECF - U.S. District Court:cod - Docket Report Case 1:03-cv-02504-REB-CBS Document 150-3
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Magistrate Judge Craig B Shaffer (rebsec, ) (Entered: 01/22/2007) 01/22/2007 142 MINUTE ORDER granting 140 Motion to Withdraw as Attorney. Attorney Allan L. Hale terminated by Magistrate Judge Craig B Shaffer on 1/22/07.(erv, ) (Entered: 01/23/2007) 143 NOTICE of Appeal by Defendants Gary Boyce, Joanne Boyce, Counter Claimants Gary Boyce, Joanne Boyce (Hyman, Scott) (Entered: 01/26/2007) 144 Interim MOTION to Stay re 136 Order on Motion to Amend/Correct/Modify, Order on Motion to Stay, Order on Motion for Protective Order,,, by Defendants Gary Boyce, Joanne Boyce, Counter Claimants Gary Boyce, Joanne Boyce. (Hyman, Scott) (Entered: 01/26/2007) 145 MOTION to Stay MOTION FOR STAY OF EXECUTION PENDING APPEAL PURSUANT TO FED. R. CIV. P. 62(d) AND FOR APPROVAL OF REAL PROPERTY AS ALTERNATIVE SECURITY IN LIEU OF SUPERSEDEAS BOND by Defendants Gary Boyce, Joanne Boyce, Counter Claimants Gary Boyce, Joanne Boyce. (Attachments: # 1 Exhibit A - Affidavit of Gary C. Boyce# 2 Exhibit B - UCC filing# 3 Exhibit C Eisenhauer Report# 4 Exhibit D - Steffens Report# 5 Exhibit E - Beasley Letter# 6 Exhibit F - Athridge v. Iglesias)(Hyman, Scott) (Entered: 01/26/2007) 146 NOTICE OF APPEAL as to 137 Order,,, 111 Judgment,,, 136 Order on Motion to Amend/Correct/Modify, Order on Motion to Stay, Order on Motion for Protective Order,,, by Defendants Gary Boyce, Joanne Boyce, Counter Claimants Gary Boyce, Joanne Boyce (Hyman, Scott) (Entered: 01/29/2007) 147 NOTICE OF APPEAL as to 137 Order,,, 136 Order on Motion to Amend/Correct/Modify, Order on Motion to Stay, Order on Motion for Protective Order,,, by Plaintiff Peter Hornick (Schwiesow, Erich) Modified on 1/30/2007 - Per counsel, this was entered in error. The appeal is document #148. (bjr2, ). (Entered: 01/29/2007) 148 Amended NOTICE OF APPEAL as to 147 Notice of Appeal, 137 Order,,, 136 Order on Motion to Amend/Correct/Modify, Order on Motion to Stay, Order on Motion for Protective Order,,, by Plaintiff Peter Hornick (Schwiesow, Erich) (Entered: 01/29/2007) 149 LETTER re Appeal to all counsel advising of the transmittal of the 143 Notice of Appeal filed by Gary and Joanne Boyce to the U.S. Court of Appeals. (Retained counsel; Fees paid) (Attachments: # 1 Notice of Appeal# 2 Docket Sheet# 3 Receipt)(bjr, ) (Entered: 01/29/2007)
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