3 26 13 SBN King Attorney of Record Opposing Hill While Prosecuting Coughlin For Hill's Greivance in 62337 As of Docket NVD 3 07-Cv-00542-RCJ-WGC Milsner King Hill Case

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United States District Court
District of Nevada (Reno)
CIVIL DOCKET FOR CASE #: 3:07-cv-00542-RCJ-WGC
Carstarphen v. Milsner
Assigned to: Chief J udge Robert C. J ones
Referred to: Magistrate J udge William G. Cobb
Demand: $25,000
Cause: 28:1332 Diversity - Stockholders Suits
Date Filed: 11/13/2007
Date Terminated: 11/29/2012
J ury Demand: Both
Nature of Suit: 160 Stockholders Suits
J urisdiction: Diversity
Plaintiff
John Carstarphen represented by John S Russo
J .M. CLOUSER & ASSOCIATES, LTD.
1669 Lucerne St.
Ste. A-3
Minden, NV 89423
775-782-2888
Fax: 949-752-0629
Email: jsrusso@russoandduckworth.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Patrick O King
775-265-2200
Fax: 775-783-2205
Email: patrickking@kingandrusso.com
TERMINATED: 03/26/2012
LEAD ATTORNEY
Justin M Clouser
J . M. Clouser & Associates, Ltd.
1669 Lucerne St.
Suite A-3
Minden, NV 89423
775-782-2888
Fax: 775-782-2333
Email: jclouser@clouserlaw.com
V.
Defendant
Richard Milsner represented by Casey D. Baker
LAW OFFICE OF RICHARD G. HILL,
ESQ.
652 Forest Street
Reno, NV 89509
(775) 348-0888
Fax: (775) 348-0858
Email: cdbaker@richardhillaw.com
LEAD ATTORNEY
Richard G. Hill
Law Office of Richard Hill
652 Forest St
Reno, NV 89509
775-348-0888
Fax: 775-348-0858
Email: greccelle@richardhillaw.com
ThirdParty Defendant
Menke & Associates, Inc. represented by Allison L. Cooper
Krieg Keller Sloan Reilley & Roman
114 Sansome Street
San Francisco, Ca 94104
415-249-8330
Fax: 415-249-8333
Email: acooper@kksrr.com
LEAD ATTORNEY
James C Krieg
Krieg Keller Sloan Reilley & Roman LLP
114 Sansome Street
San Francisco, CA 94104
415-249-8330
Fax: 415-249-8333
Email: jkrieg@kksrr.com
LEAD ATTORNEY
Michael L. Reitzell
Duane Morris LLP
One Market, Spear Tower
Suite 2200
San Francisco, CA 94105
415-957-3000
Fax: 415-957-3001
Email: mlreitzell@duanemorris.com
LEAD ATTORNEY
Ryan A. Loosvelt
Duane Morris LLP
100 N. City Parkway, Suite 1560
Las Vegas, NV 89106-4617
702-868-2600
Fax: 702-385-6862
Email: rloosvelt@duanemorris.com
LEAD ATTORNEY
BSI Consultants
represented by Joseph P. Hardy
Gordon & Rees LLP
3770 Howard Hughes Pkwy
Suite 100
Las Vegas, NV 89169
702-577-9300
Fax: 702-255-2858
Email: jhardy@gordonrees.com
Trustee
Menke Group, Inc. represented by Allison L. Cooper
Krieg Keller Sloan Reilley & Roman
113 Sansome Street 4th Floor
San Francisco, Ca 94104
415-249-8330
Fax: 415-249-8333
Email: acooper@kksrr.com
LEAD ATTORNEY
PRO HAC VICE
James C Krieg
(See above for address)
LEAD ATTORNEY
Michael L. Reitzell
LEAD ATTORNEY
ThirdParty Plaintiff
Richard Milsner represented by Richard G. Hill
V.
Menke Group, Inc.
Third-Party complaint dismissed per Order
#97
represented by Allison L. Cooper
LEAD ATTORNEY
TERMINATED: 11/16/2009 PRO HAC VICE
James C Krieg
LEAD ATTORNEY
Michael L. Reitzell
LEAD ATTORNEY
Ryan A. Loosvelt
LEAD ATTORNEY
Counter Claimant
Richard Milsner
represented by Richard G. Hill
V.
Counter Defendant
John Carstarphen
represented by John S Russo
LEAD ATTORNEY
Patrick O King
LEAD ATTORNEY
Justin M Clouser
Counter Claimant
John Carstarphen
represented by John S Russo
LEAD ATTORNEY
Patrick O King
LEAD ATTORNEY
Justin M Clouser
V.
Counter Defendant
Richard Milsner
represented by Richard G. Hill
Date Filed # Docket Text
11/13/2007 1 COMPLAINT Carstarphen against Richard Milsner (Filing fee $ 350 receipt number
721563), filed by J ohn Carstarphen. Certificate of Interested Parties due by 11/23/2007. Proof
of service due by 3/12/2008. (Attachments: #1 Civil Cover Sheet and Summons)(King,
Patrick) (Entered: 11/13/2007)
11/13/2007 Case assigned to J udge Edward C. Reed, J r and Robert A. McQuaid, J r. (BLG) (Entered:
11/13/2007)
11/14/2007 2 Summons Issued as to Richard Milsner. (J C) (Entered: 11/14/2007)
12/07/2007 3 CERTIFICATE of Interested Parties by Plaintiff J ohn Carstarphen. There are no known
interested parties other than those participating in the case. (King, Patrick) (Entered:
12/07/2007)
01/29/2008 4 AMENDED COMPLAINT against Richard Milsner, filed by J ohn Carstarphen. No changes
to parties. Proof of service due by 5/28/2008.(King, Patrick) (Entered: 01/29/2008)
02/28/2008 5 PROPOSED SUMMONS to be issued, filed by Plaintiff J ohn Carstarphen. (King, Patrick)
Modified on 2/29/2008 to reflect Summons issued on 2/29/08 (PM). (Entered: 02/28/2008)
02/29/2008 6 Summons Issued as to Richard Milsner. (PM) (Entered: 02/29/2008)
03/24/2008 7 NOTICE of intent to dismiss pursuant to FRCP 4(m). The complaint in this action was filed
on* 11/13/07.* To date no proper proof of service has been filed as to*Richard Milsner.*
FRCP 4(m) dismissal deadline set for 4/23/2008. (WJ ) (Entered: 03/24/2008)
04/16/2008 8 CERTIFICATE OF SERVICE for Proof of Service re 4 and 6 by Plaintiff J ohn Carstarphen.
(King, Patrick) Modified on 4/17/2008 to add links to documents served (J ulian, Wayne).
(Entered: 04/16/2008)
04/29/2008 9 MOTION to Dismiss by Defendant Richard Milsner. Responses due by 5/17/2008. (Hill,
Richard) (Entered: 04/29/2008)
05/14/2008 10 RESPONSE to 9 MOTION to Dismiss, filed by Plaintiff J ohn Carstarphen. Replies due by
5/28/2008. (King, Patrick) (Entered: 05/14/2008)
05/28/2008 11 REPLY to Response to 9 MOTION to Dismiss ; filed by Defendant Richard Milsner.
(Attachments: #1 Exhibit 1)(Hill, Richard) (Entered: 05/28/2008)
05/28/2008 12 AFFIDAVIT of RICHARD L. MILSNER re 11 Reply to Response to 9 Motion ; by
Defendant Richard Milsner. (Hill, Richard) Modified on 5/29/2008 to link to motion (J ulian,
Wayne). (Entered: 05/28/2008)
05/29/2008 13 MINUTE ORDER IN CHAMBERS of the Honorable J udge Edward C. Reed, J r, on
5/29/2008. IT IS HEREBY ORDERED that 9 Motion to Dismiss, filed by D, Milsner on
April 29, 2008, is DENIED. P has shown good cause for failure to serve D within the 120-day
time limit provided in Fed. R. Civ. P. 4(m). D now acknowledges service of process on April
11, 2008. The time for service is, therefore, extended to that date. (Copies have been
distributed pursuant to the NEF - KL) (Entered: 05/29/2008)
06/23/2008 14 MOTION to Dismiss by Defendant Richard Milsner. Responses due by 7/11/2008.
(Attachments: #1 Exhibit 1 - 7, #2 Declaration of Richard Hill)(Hill, Richard) (Entered:
06/23/2008)
06/25/2008 15 CERTIFICATE OF SERVICE for Motion to Dismiss; Declaration of Counsel by Defendant
Richard Milsner re 14 MOTION to Dismiss. (Hill, Richard) (Entered: 06/25/2008)
07/11/2008 17 DECLARATION in support of 16 opposition to 14 MOTION to Dismiss ; filed by Plaintiff
J ohn Carstarphen. (King, Patrick) Modified on 7/14/2008 to add opposition and its link
(J ulian, Wayne). (Entered: 07/11/2008)
07/25/2008 18 REPLY to Response to 14 MOTION to Dismiss ; filed by Defendant Richard Milsner.
(Attachments: #1 Exhibit 1 and 2)(Hill, Richard) (Entered: 07/25/2008)
09/11/2008 19 PROPOSED Discovery Plan/Scheduling Order filed by Plaintiff J ohn Carstarphen [SPECIAL
SCHEDULING REVIEW REQUESTED]. (King, Patrick) (Entered: 09/11/2008)
09/15/2008 20 OBJ ECTION to 19 Proposed Discovery Plan/Scheduling Order ; filed by Defendant Richard
Milsner. (Attachments: #1 Exhibit 1 - 4)(Hill, Richard) (Entered: 09/15/2008)
09/15/2008 21 SCHEDULING ORDER re 19 Proposed Discovery Plan/Scheduling Order: Discovery due by
3/6/2009. Motions due by 4/3/2009. Proposed J oint Pretrial Order due by 5/1/2009. Signed by
Magistrate J udge Robert A. McQuaid, J r on 9/15/2008. (Copies have been distributed
pursuant to the NEF - KL) (Entered: 09/15/2008)
12/12/2008 22 STATEMENT of Plaintiff J ohn Carstarphen PLAINTIFFS RULE 26(a) INITIAL
DISCLOSURES by Plaintiff J ohn Carstarphen. (King, Patrick) (Entered: 12/12/2008)
12/31/2008 23 MOTION to Extend Time regarding discovery/non dispositive matter (ENLARGE AND
ALTER DISCOVERY DEADLINES-FIRST REQUEST) by Defendant Richard Milsner.
Motion ripe 12/31/2008. (Hill, Richard) (Entered: 12/31/2008)
01/02/2009 24 Interim STATUS REPORT by Plaintiff J ohn Carstarphen. (King, Patrick) (Entered:
01/02/2009)
01/05/2009 25 STATEMENT of Disclosure of Expert Witnesses by Plaintiff J ohn Carstarphen. (King,
Patrick) (Entered: 01/05/2009)
01/05/2009 26 STATEMENT of Plaintiff's Disclosure of Expert Report by Plaintiff J ohn Carstarphen.
(King, Patrick) (Entered: 01/05/2009)
01/06/2009 27 Interim STATUS REPORT by Defendant Richard Milsner. (Attachments: #1 Exhibit 1 and
2)(Hill, Richard) (Entered: 01/06/2009)
01/12/2009 28 Emergency MOTION to Quash SUBPOENAE by Defendant Richard Milsner. Motion ripe
1/12/2009. (Attachments: #1 Exhibit 1 - 6)(Hill, Richard) (Entered: 01/12/2009)
01/12/2009 29 DECLARATION of Richard G. Hill, Esq. re 28 Emergency MOTION to Quash
SUBPOENAE ; by Defendant Richard Milsner. (Hill, Richard) (Entered: 01/12/2009)
01/13/2009 30 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate J udge Robert A. McQuaid,
J r., on 1/13/2009: Defendant has filed an Emergency Motion to Quash Subpoenae 28 . The
depositions scheduled for J anuary 19, 2009, are STAYED pending a hearing on Defendant's
Motion and a ruling by the court. (Copies have been distributed pursuant to the NEF - HJ )
(Entered: 01/13/2009)
J r., on 1/13/2009. By Deputy Clerk: J ennifer Cotter. IT IS ORDERED that a Motion Hearing
re 23 MOTION to ENLARGE AND ALTER DISCOVERY DEADLINES-FIRST REQUEST
and 28 Emergency MOTION to Quash SUBPOENA is set for Wednesday, 2/4/2009, at 11:00
AM in Reno Courtroom 2 before Magistrate J udge Robert A. McQuaid, J r. Counsel wishing
to appear telephonically shall contact the courtroom administrator, J ennifer Cotter (775-686-
5758), at least two (2) days prior to the hearing to advise her of the number where they may
be reached at the time of the hearing.(no image attached) (Copies have been distributed
pursuant to the NEF - J C) (Entered: 01/13/2009)
01/23/2009 32 ORDER DENYING D's 14 Motion to Dismiss. Signed by J udge Edward C. Reed, J r on
1/23/2009. (Copies have been distributed pursuant to the NEF - KL) (Entered: 01/23/2009)
01/27/2009 33 RESPONSE to 28 Emergency MOTION to Quash SUBPOENAE, filed by Plaintiff J ohn
Carstarphen. Replies due by 2/10/2009. (King, Patrick) (Entered: 01/27/2009)
02/04/2009 34 MINUTES OF PROCEEDINGS - Motion Hearing held on 2/4/2009 before Magistrate J udge
Robert A. McQuaid, J r. Crtrm Administrator: Jennifer Cotter; Pla Counsel: Scott Russo and
Patrick King; Def Counsel: Richard Hill; Subpoena Resp Counsel: David Hamilton; FTR #:
11:05:04 a.m. - 11:33:16 a.m.; Courtroom: 2. The parties present oral argument as to their
respective positions regarding 28 Motion to Quash Subpoena. IT IS ORDERED that the
parties shall meet and confer by March 6, 2009 to go through the items and see what can be
agreed upon. The parties shall then file a statement with the Court with respect to the
remaining disagreements by March 13, 2009. IT IS FURTHER ORDERED that a continued
motion hearing re 23 Motion to Enlarge and Alter Discovery Deadlines and 28 Motion to
Quash Subpoena is set for Wednesday, March 18, 2009 at 9:00 a.m. (no image attached)
(Copies have been distributed pursuant to the NEF - J C) (Entered: 02/06/2009)
02/06/2009 35 ANSWER to 4 Amended Complaint with J ury Demand, THIRD PARTY COMPLAINT
against THE MENKE GROUP, INC., MENKE & ASSOCIATES, INC., BSI
CONSULTANTS, COUNTERCLAIM against J ohn Carstarphen filed by Richard Milsner.
(Attachments: #1 Exhibit 1)(Hill, Richard) (Entered: 02/06/2009)
02/06/2009 36 PROPOSED SUMMONS to be issued (BSI Consultants), filed by ThirdParty Plaintiff
Richard Milsner. (Hill, Richard) Modified on 2/9/2009 Summons Iss'd 2/9/2009 (DRM).
(Entered: 02/06/2009)
02/06/2009 37 PROPOSED SUMMONS to be issued (Menke & Associates), filed by ThirdParty Plaintiff
Richard Milsner. (Hill, Richard) Modified on 2/9/2009 Summons Iss'd 2/9/2009 (DRM).
(Entered: 02/06/2009)
02/06/2009 38 PROPOSED SUMMONS to be issued (Menke Group), filed by ThirdParty Plaintiff Richard
Milsner. (Hill, Richard) Modified on 2/9/2009 Summons Iss'd 2/9/2009 (DRM). (Entered:
02/06/2009)
02/09/2009 39 NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC 636(c) and
FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of
Availability, Consent, and Order of Reference - Exercise of J urisdiction by a U.S. Magistrate
J udge" form on the Court's website - link. Consent forms should NOT be electronically
filed. Upon consent of all parties, counsel are advised to manually file the form with the
Clerk's Office. (no image attached) (DRM) (Entered: 02/09/2009)
02/09/2009 40 Third-Party Summons Issued as to MENKE & ASSOCIATES, INC., BSI CONSULTANTS,
THE MENKE GROUP, INC.. (Attachments: #1 as to Menke & Associates, #2 as to the
Menke Group )(DRM) (Entered: 02/09/2009)
02/27/2009 41 Answer and Affirmative Defenses ANSWER to 35 Answer to Amended Complaint,, Third
Party Complaint,, Counterclaim,, COUNTERCLAIM against Richard Milsner filed by J ohn
Carstarphen.(Russo, J ohn) (Entered: 02/27/2009)
02/27/2009 42 SUMMONS Returned Executed by Richard Milsner re 35 Answer to Amended Complaint,,
Third Party Complaint,, Counterclaim,. BSI Consultants served on 2/23/2009, answer due
3/15/2009. (Hill, Richard) (Entered: 02/27/2009)
03/03/2009 43 SUMMONS Returned Executed by Richard Milsner. Menke & Associates, Inc. served on
2/23/2009, answer due 3/15/2009. (Hill, Richard) (Entered: 03/03/2009)
03/03/2009 44 SUMMONS Returned Executed by Richard Milsner re 35 Answer to Amended Complaint,,
Third Party Complaint,, Counterclaim,. The Menke Group, Inc. served on 2/23/2009, answer
due 3/15/2009. (Hill, Richard) (Entered: 03/03/2009)
03/12/2009 45 STIPULATION Extending Time For The Responsive Pleading of Third Party Defendants
Menke & Associates, Inc. and the Menke Group, Inc. by ThirdParty Defendant Menke &
Associates, Inc.. (Cooper, Allison) (Entered: 03/12/2009)
03/13/2009 46 ORDER GRANTING 45 Stipulation: Menke's responsive pleading shall be due on or before
April 10, 2009. Signed by Magistrate J udge Robert A. McQuaid, J r on 3/12/2009. (Copies
have been distributed pursuant to the NEF - KL) (Entered: 03/13/2009)
03/13/2009 47 DECLARATION of J AMES S. PROCTOR In Support of Plaintiffs Response to Objections to
Subpoenas by Plaintiff J ohn Carstarphen. (Russo, J ohn) (Entered: 03/13/2009)
03/13/2009 48 REPLY to Response to 28 Emergency MOTION to Quash SUBPOENAE ; filed by Defendant
Richard Milsner. (Attachments: #1 Exhibit 1 and 2)(Hill, Richard) (Entered: 03/13/2009)
03/13/2009 49 STIPULATION (STIPULATED PROTECTIVE ORDER) by Defendant Richard Milsner.
(Hill, Richard) (Entered: 03/13/2009)
03/13/2009 50 NOTICE by Defendant Richard Milsner re 28 Emergency MOTION to Quash SUBPOENAE.
(JOINT REPORT OF MEET AND CONFER ISSUES FOR HEARING ON MOTION TO
QUASH SUBPOENAS) (Attachments: #1 Exhibit A and B)(Hill, Richard) (Entered:
03/13/2009)
03/16/2009 51 REPLY to Response to 28 Emergency MOTION to Quash SUBPOENAE ; filed by Plaintiff
J ohn Carstarphen. Plaintiff's Reply to Supplemental Reply to Opposition to Motion to Quash
Subpoenas (Russo, J ohn) (Entered: 03/16/2009)
J r, on 3/16/2009. The parties have submitted a 49 Stipulated Protective Order. Paragraph 6
provides that "confidential" information shall be automatically sealed upon filing with the
Clerk of the Court. This provision is contrary to the law in this circuit concerning the sealing
of court records. Based on the foregoing, the court cannot approve the 49 proposed Stipulated
Protective Order submitted for the court's approval. However, the parties have leave to submit
a revised Stipulated Protective Order that comports with the holding in Kamakana. (Copies
have been distributed pursuant to the NEF - KL) (Entered: 03/17/2009)
03/18/2009 53 STIPULATION Extending Time for the Responsive Pleading of Third Party Defendant BSI
Consultants (First Request) by ThirdParty Defendant BSI Consultants. (Hardy, J oseph)
(Entered: 03/18/2009)
03/18/2009 54 MINUTES OF PROCEEDINGS - Motion Hearing held on 3/18/2009 before Magistrate
J udge Robert A. McQuaid, J r. Crtrm Administrator: Jennifer Cotter; Pla Counsel: J. Scott
Russo and Patrick King; Def Counsel: Richard Hill; Subpoena Resp Counsel: David
Hamilton; Third-Party Def Counsel: Jim Krieg; FTR #: 9:01:04 a.m. - 9:55:27 a.m.;
Courtroom: 2. IT IS ORDERED that 28 Motion to Quash is GRANTED IN PART AND
DENIED IN PART. Please see attached minutes for details. (Copies have been distributed
03/20/2009 55 ORDER GRANTING 53 Stipulation Extending Time for the Responsive Pleading of Third
Party Defendant BSI Consultants (First Request). BSI Consultants responsive pleading shall
now be due on or before March 26, 2009. Signed by Magistrate J udge Robert A. McQuaid, J r
on 3/20/2009. (Copies have been distributed pursuant to the NEF - KL) (Entered:
03/20/2009)
03/26/2009 56 NOTICE of Voluntary Dismissal by ThirdParty Plaintiff Richard Milsner, Counter Claimant
Richard Milsner, Defendant Richard Milsner. (BSI CONSULTANTS) (Hill, Richard) (Entered:
03/26/2009)
03/27/2009 57 STIPULATION (AMENDED STIPULATED PROTECTIVE ORDER) by Defendant Richard
Milsner. (Hill, Richard) (Entered: 03/27/2009)
03/27/2009 58 ORDER ON 57 STIPULATION : Amended Stipulated Protective Order re confidential
information. Signed by Magistrate J udge Robert A. McQuaid, J r on 3/27/2009. (Copies have
been distributed pursuant to the NEF - DRM) (Entered: 03/31/2009)
04/01/2009 59 MOTION to Dismiss by Defendant Richard Milsner. Responses due by 4/19/2009. (Hill,
04/10/2009 60 MOTION to Dismiss - Memorandum of Points and Authorities in Support of Third Party
Defendants The Menke Group, Inc. and Menke & Associates' Motion to Dismiss Third Party
Complaint - by ThirdParty Defendant Menke & Associates, Inc.. Responses due by
4/28/2009. (Attachments: #1 Exhibit A)(Cooper, Allison) (Entered: 04/10/2009)
04/10/2009 61 NOTICE by ThirdParty Defendant Menke & Associates, Inc. re 60 MOTION to Dismiss -
Memorandum of Points and Authorities in Support of Third Party Defendants The Menke
Group, Inc. and Menke & Associates' Motion to Dismiss Third Party Complaint -. - Request
for Judicial Notice - (Cooper, Allison) (Entered: 04/10/2009)
04/20/2009 63 DECLARATION of J OHN CARSTARPHEN IN SUPPORT OF PLAINTIFF'S
OPPOSITION TO MOTION TO DISMISS re 59 MOTION to Dismiss ; filed by Plaintiff
J ohn Carstarphen. (Attachments: #1 Exhibit Exhibits A-D to Declaration of J ohn
Carstarphen in Support of Opposition to Motion to Dismiss)(King, Patrick) (Entered:
04/20/2009)
04/23/2009 64 RESPONSE to 60 MOTION to Dismiss - Memorandum of Points and Authorities in Support
of Third Party Defendants The Menke Group, Inc. and Menke & Associates' Motion to
Dismiss Third Party Complaint -, filed by ThirdParty Plaintiff Richard Milsner, Defendant
Richard Milsner. Replies due by 5/7/2009. (Hill, Richard) (Entered: 04/23/2009)
04/24/2009 65 VERIFIED PETITION for Permission to Practice Pro Hac Vice by J ames C. Krieg and
DESIGNATION of Local Counsel Ryan A. Loosvelt (Filing fee $ 175 receipt number
09780000000001210451) filed by ThirdParty Defendant Menke & Associates, Inc.. Motion
ripe 4/24/2009. (Cooper, Allison) (Entered: 04/24/2009)
04/24/2009 66 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Allison Lane Cooper and
DESIGNATION of Local Counsel Ryan A. Loosvelt (Filing fee $ 175 receipt number
09780000000001210464) filed by ThirdParty Defendant Menke & Associates, Inc.. Motion
ripe 4/24/2009. (Cooper, Allison) (Entered: 04/24/2009)
04/28/2009 67 ORDER APPROVING 65 Verified Petition for Permission to Practice Pro Hac Vice for
Attorney J ames C. Krieg for The Menke Group, Inc., and Menke & Associates, Inc., and
approving Designation of Local Counsel, Ryan A. Loosvelt. Signed by J udge Edward C.
Reed, J r on 4/27/2009.
Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration
Form on the Court's website www.nvd.uscourts.gov
(Copies have been distributed pursuant to the NEF - DRM) (Entered: 04/28/2009)
04/28/2009 68 ORDER APPROVING 66 Verified Petition for Permission to Practice Pro Hac Vice for
Attorney Allison L. Cooper for The Menke Group, Inc. and Menke & Associates, and
approving Designation of Local Counsel, Ryan A. Loosvelt. Signed by J udge Edward C.
Reed, J r on 4/27/2009.
Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration
Form on the Court's website www.nvd.uscourts.gov
05/04/2009 69 REPLY to Response to 59 MOTION to Dismiss ; filed by Defendant Richard Milsner. (Hill,
05/07/2009 70 REPLY to Response to 60 MOTION to Dismiss - Memorandum of Points and Authorities in
Support of Third Party Defendants The Menke Group, Inc. and Menke & Associates' Motion
to Dismiss Third Party Complaint - ; filed by ThirdParty Defendant Menke & Associates,
Inc.. (Cooper, Allison) (Entered: 05/07/2009)
05/11/2009 71 ERRATA to 35 Answer to Amended Complaint,, Third Party Complaint,, Counterclaim, ;
filed by Defendant Richard Milsner. (Hill, Richard) (Entered: 05/11/2009)
J r., on 5/14/2009. By Deputy Clerk: J ennifer Cotter. Appearances have been made on behalf
of the third-party defendants. Therefore, pursuant to 54 Minutes, IT IS ORDERED that a
Scheduling Conference is set for Wednesday, 6/17/2009, at 9:00 AM in Reno Courtroom 2
before Magistrate J udge Robert A. McQuaid, J r. Counsel wishing to appear telephonically
shall contact the courtroom deputy, J ennifer Cotter (775-686-5758), at least two (2) days
prior to the hearing to advise her of the phone number where they may be reached at the time
of the hearing. (no image attached) (Copies have been distributed pursuant to the NEF - J C)
(Entered: 05/14/2009)
05/21/2009 73 STIPULATION TO MODIFY MARCH 18, 2009 ORDER, DOCUMENT 54; PROPOSED
ORDER THEREON by Plaintiff J ohn Carstarphen, Counter Defendant J ohn Carstarphen,
Counter Claimant J ohn Carstarphen. (Russo, J ohn) (Entered: 05/21/2009)
05/21/2009 74 ORDER ON 73 STIPULATION: Stipulated Modifiation to the March 18, 2009 54 Order; re
redaction procedures. Signed by Magistrate J udge Robert A. McQuaid, J r on 5/21/2009.
05/29/2009 75 NOTICE by ThirdParty Defendant BSI Consultants re 56 Notice of Voluntary Dismissal.
Attorney's Notice to be Removed Form the Service List (Hardy, J oseph) (Entered:
05/29/2009)
06/16/2009 76 PROPOSED Discovery Plan/Scheduling Order filed by Plaintiff J ohn Carstarphen, Counter
Defendant J ohn Carstarphen, Counter Claimant J ohn Carstarphen. (King, Patrick) (Entered:
06/16/2009)
06/16/2009 77 PROPOSED Discovery Plan/Scheduling Order filed by Defendant Richard Milsner (SPECIAL
SCHEDULING REVIEW REQUESTED). (Hill, Richard) (Entered: 06/16/2009)
06/17/2009 78 MINUTES OF PROCEEDINGS - Scheduling Conference held on 6/17/2009 before
Magistrate J udge Robert A. McQuaid, J r. Crtrm Administrator: Jennifer Cotter; Pla Counsel:
Scott Russo (telephonically) and Patrick King; Def Counsel: Richard Hill; Counsel for Third-
Party Def: James Krieg; FTR #: 9:01:23 a.m. - 9:04:55 a.m.; Courtroom: 2. Some discussion
takes place regarding the proposed discovery plans and scheduling orders, 76 and 77 , which
have been submitted. The Court advises the parties that Mr. Hill's proposed discovery plan
and scheduling order will be signed and entered. The Court further advises Counsel that no
extensions will be given absent extraordinary circumstances. (no image attached) (Copies
have been distributed pursuant to the NEF - J C) (Entered: 06/17/2009)
06/17/2009 79 ORDER re 77 Proposed Discovery Plan/Scheduling Order filed by Richard Milsner,
Discovery due by 11/20/2009., Dispositive Motions due by 11/30/2009., Proposed J oint
Pretrial Order due by 1/8/2010. Signed by Magistrate J udge Robert A. McQuaid, J r on
6/17/09. (Copies have been distributed pursuant to the NEF - WJ ) (Entered: 06/18/2009)
07/17/2009 80 MOTION ESTABLISH FACTS AS ADMITTED by Defendant Richard Milsner. Responses
due by 8/4/2009. (Attachments: #1 Exhibit 1 and 2)(Hill, Richard) (Entered: 07/17/2009)
07/29/2009 81 MOTION to Compel by Defendant Richard Milsner. Responses due by 8/16/2009.
(Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit2)(Hill, Richard) Modified on
7/30/2009 to reflect 82 is correct filing of motion to compel. (BLG). (Entered: 07/29/2009)
07/29/2009 82 MOTION to Compel by Defendant Richard Milsner. with Exhibits and Declaration. (Hill,
Richard) Modified on 7/30/2009 to activate motion status. (BLG). (Entered: 07/29/2009)
07/30/2009 NOTICE of Docket Correction 81 Motion to Compel has been modified to reflect 82 as the
correct filing. (no image attached)(BLG) (Entered: 07/30/2009)
08/04/2009 83 RESPONSE to 80 MOTION ESTABLISH FACTS AS ADMITTED, filed by Plaintiff J ohn
Carstarphen, Counter Defendant J ohn Carstarphen, Counter Claimant J ohn Carstarphen.
DECLARATION OF J. SCOTT RUSSO AND EXHIBITS A & B IN SUPPORT THEREOF
Replies due by 8/18/2009. (Russo, J ohn) (Entered: 08/04/2009)
08/13/2009 84 RESPONSE to 82 MOTION to Compel, filed by Plaintiff J ohn Carstarphen, Counter
Defendant J ohn Carstarphen, Counter Claimant J ohn Carstarphen. Replies due by 8/27/2009.
(King, Patrick) (Entered: 08/13/2009)
08/18/2009 85 REPLY to Response to 80 MOTION ESTABLISH FACTS AS ADMITTED ; filed by
Defendant Richard Milsner. (DEFENDANT'S REPLY IN SUPPORT OF MOTION TO
ESTABLISH FACTS AS ADMITTED; OPPOSITION TO PLAINTIFF'S COUNTER MOTION
FOR AMENDMENT OF ADMISSION) (Attachments: #1 Exhibit 1 abd 2, #2 Exhibit 3)(Hill,
J r., on 8/20/2009. By Deputy Clerk: J ennifer Cotter.
IT IS ORDERED that a Motion Hearing re 80 Motion to Establish Facts as Admitted and 82
MOTION to Compel is set for Wednesday, 9/23/2009, at 9:00 AM in Reno Courtroom 2
before Magistrate J udge Robert A. McQuaid, J r. Counsel wishing to appear telephonically
(Entered: 08/20/2009)
08/27/2009 87 REPLY to Response to 82 MOTION to Compel ; filed by Defendant Richard Milsner.
(Attachments: #1 Exhibit 1 - 5)(Hill, Richard) (Entered: 08/27/2009)
09/03/2009 88 STIPULATION re 79 Order,, Set/Reset Deadlines, ; TO MODIFY DISCOVERY PLAN
(FIRST REQUEST) by Defendant Richard Milsner. (Hill, Richard) (Entered: 09/03/2009)
09/08/2009 89 ORDER re 88 Stipulation to Modify Discovery Plan (First Request), filed by Richard
Milsner. IT IS ORDERED, the parties request for the Court to immediately suspend the 79
Discovery Plan, and to re-visit the discovery plan at the hearing scheduled for September 23,
2009 is hereby APPROVED. (Discovery deadlines terminated by clerk.) Signed by
Magistrate J udge Robert A. McQuaid, J r on 9/8/09. (Copies have been distributed pursuant to
the NEF - KO) (Entered: 09/08/2009)
09/22/2009 90 SUPPLEMENT DOCUMENT REGARDING MOTION TO ESTABLISH FACTS by Defendant
Richard Milsner. (Attachments: #1 Exhibit 1)(Hill, Richard) (Entered: 09/22/2009)
Russo (telephonically) and Patrick King; Def Counsel: Richard Hill; Counsel for Third Party
Def: Jim Krieg (telephonically); FTR #: 9:04:49 a.m. - 9:16:17 a.m.; Courtroom: 2.
IT IS ORDERED that 80 Motion to Establish Facts as Admitted is GRANTED; 82 Motion to
Compel is DENIED AS MOOT. Discovery due by 2/12/2010, Motions due by 4/1/2010,
Proposed J oint Pretrial Order due by 5/14/2010. Please see attached minutes for further
details. (Copies have been distributed pursuant to the NEF - J C) (Entered: 09/23/2009)
10/08/2009 92 NOTICE of Voluntary Dismissal by ThirdParty Plaintiff Richard Milsner. (Third party
complaint) (Hill, Richard) (Entered: 10/08/2009)
10/08/2009 93 NOTICE of Change of Address by Patrick O King. (King, Patrick) (Entered: 10/08/2009)
10/13/2009 94 NOTICE: Attorney Action Required regarding 93 Notice of Change of Address. Attorney
Patrick O. King advised to please re-file Notice of Change of Address on or after 10/26/09,
when the address change becomes effective, per your notice 93 . At that time, please also
update your CM/ECF account to reflect new address. (no image attached)(RD) (Entered:
10/13/2009)
11/05/2009 95 Second MOTION to Compel Discovery by Defendant Richard Milsner. Responses due by
11/23/2009. (Attachments: #1 Exhibit 1 - 4, #2 Exhibit 5 - 8)(Hill, Richard) (Entered:
11/05/2009)
11/10/2009 96 Third MOTION to Compel DISCOVERY (AND FOR RELIEF FROM SCHEDULING
ORDER) by Defendant Richard Milsner. Responses due by 11/28/2009. (Attachments: #1
Exhibit 1 - 6)(Hill, Richard) (Entered: 11/10/2009)
11/16/2009 97 ORDER APPROVING 92 Voluntary Dismissal, and the third-party complaint against The
Menke Group, Inc. is DISMISSED. The 60 Motion to Dismiss is DENIED as moot. Signed
by J udge Edward C. Reed, J r on 11/16/2009. (Copies have been distributed pursuant to the
NEF - DRM) (Entered: 11/17/2009)
11/24/2009 98 RESPONSE to 95 Second MOTION to Compel Discovery, filed by Plaintiff J ohn
Replies due by 12/8/2009. (Russo, J ohn) (Entered: 11/24/2009)
11/30/2009 99 RESPONSE to 96 Third MOTION to Compel DISCOVERY (AND FOR RELIEF FROM
SCHEDULING ORDER), filed by Plaintiff J ohn Carstarphen. Replies due by 12/14/2009.
(Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Russo, J ohn) (Entered:
11/30/2009)
11/30/2009 100 EXHIBITS in support of 99 RESPONSE to 96 Third MOTION to Compel DISCOVERY
(AND FOR RELIEF FROM SCHEDULING ORDER), filed by Plaintiff J ohn Carstarphen.
Exhibit C-E Replies due by 12/14/2009. (Attachments: #1 Exhibit Exhibit D, #2 Exhibit
Exhibit E)(Russo, J ohn) Modified on 12/1/2009 to correct title of document. (WJ ). (Entered:
11/30/2009)
IT IS ORDERED that a Motion Hearing re 95 Second MOTION to Compel Discovery and 96
Third MOTION to Compel DISCOVERY (AND FOR RELIEF FROM SCHEDULING
ORDER) is set for Wednesday, 12/23/2009, at 9:00 AM in Reno Courtroom 2 before
Magistrate J udge Robert A. McQuaid, J r. Counsel wishing to appear telephonically shall
contact the courtroom deputy, J ennifer Cotter (775-686-5758), at least two (2) days prior to
the hearing to advise her of the phone number where they may be reached at the time of the
hearing. (no image attached) (Copies have been distributed pursuant to the NEF - J C)
(Entered: 12/02/2009)
12/07/2009 102 REPLY to Response to 95 Second MOTION to Compel Discovery ; filed by Defendant
Richard Milsner. (Hill, Richard) (Entered: 12/07/2009)
12/09/2009 103 AFFIDAVIT of SERVICE by Defendant Richard Milsner. (Hill, Richard) (Entered:
12/09/2009)
12/14/2009 104 REPLY to Response to 96 Third MOTION to Compel DISCOVERY (AND FOR RELIEF
FROM SCHEDULING ORDER) ; filed by Defendant Richard Milsner. (Attachments: #1
Exhibit 1 - 4)(Hill, Richard) (Entered: 12/14/2009)
12/16/2009 105 DECLARATION of J SCOTT 99 RUSSO IN REPLY TO DEFENDANT RICHARD
MILSNER'S REPLY TO 96 OPPOSITION TO DEFENDANT'S THIRD MOTION TO
COMPEL DISCOVERY AND FOR RELIEF FROM SCHEDULING ORDER re 96 Third
MOTION to Compel DISCOVERY (AND FOR RELIEF FROM SCHEDULING ORDER) ;
filed by Plaintiff J ohn Carstarphen, Counter Defendant J ohn Carstarphen, Counter Claimant
J ohn Carstarphen. (Russo, J ohn) Modified on 12/17/2009 add link to motion. (WJ ). (Entered:
12/16/2009)
J udge Robert A. McQuaid, J r. Crtrm Administrator: Jennifer Cotter; Pla Counsel: Patrick
King; Def Counsel: Richard Hill; FTR #: 9:01:56 a.m. - 9:50:30 a.m.; Courtroom: 2.
Counsel present argument as to their respective positions regarding 95 and 96 Motions to
Compel. IT IS ORDERED that the Second Motion to Compel 95 is DENIED AS MOOT. IT
IS FURTHER ORDERED that the Third Motion to Compel (and for Relief from Scheduling
Order) is GRANTED to the extent that:
Counsel for Plaintiff shall provide Mr. Hill with a list of the payments at issue no later than
December 30, 2009.
Mr. Hill shall respond to said list in accordance with the terms as placed on the record within
ten (10) days.
Plaintiff shall respond to Interrogatory 6 within ten (10) days of receiving Mr. Hill's
response.
Plaintiff shall file an expert report no later than February 26, 2010.
Defendant shall then have four (4) weeks to supplement his expert report.
The parties shall submit a revised stipulated proposed scheduling order for the Court's
approval. (Copies have been distributed pursuant to the NEF - J C) (Entered: 12/23/2009)
01/05/2010 107 ORDER. IT IS HEREBY ORDERED THAT Defendant's 59 Motion to Dismiss is
DENIED. Signed by J udge Edward C. Reed, J r on 1/4/2010. (Copies have been distributed
pursuant to the NEF - KO) (Entered: 01/05/2010)
01/12/2010 108 PROPOSED Discovery Plan/Scheduling Order filed by Defendant Richard Milsner
(AMENDED). (Hill, Richard) (Entered: 01/12/2010)
01/13/2010 109 AMENDED DISCOVERY PLAN AND SCHEDULING ORDER (2nd request). Plaintiff to
designate experts due by 02/26/2010; defendant to designate experts due by 03/26/2010;
Discovery due by 5/7/2010. Motions due by 6/18/2010. Proposed J oint Pretrial Order due by
7/16/2010. In the event dispositive motions are filed, the last date to file the joint pretrial
order shall be suspended until thirty (30) days after the decision of the dispositive motions for
further order of the Court. THERE SHALL BE NO FURTHER EXTENSIONS
GRANTED. Signed by Magistrate J udge Robert A. McQuaid, J r on 01/13/2010. (Copies
have been distributed pursuant to the NEF - MLC) (Entered: 01/13/2010)
01/15/2010 110 STIPULATION AND ORDER ENLARGING TIME by Defendant Richard Milsner. (Hill,
01/20/2010 111 MOTION from Order (REPORT OF COMPLIANCE AND MOTION FOR RELIEF FROM
ORDER) by Defendant Richard Milsner. Responses due by 2/6/2010. (Attachments: #1
Exhibit 1, #2 Exhibit 1 part 2, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 4 part
2)(Hill, Richard) (Entered: 01/20/2010)
01/21/2010 112 ORDER ON STIPULATION re 110 Stipulation. The parties agree, subject to Court
ratification, that Milsner, AMF, and RFS shall have through and including Wednesday,
01/20/2010, within which to provide the referenced response to plaintiff's lists. Signed by
Magistrate J udge Robert A. McQuaid, J r on 01/21/2010. (Copies have been distributed
pursuant to the NEF - MLC) (Entered: 01/21/2010)
02/05/2010 113 RESPONSE to 111 MOTION from Order (REPORT OF COMPLIANCE AND MOTION
FOR RELIEF FROM ORDER) MOTION from Order (REPORT OF COMPLIANCE AND
MOTION FOR RELIEF FROM ORDER), filed by Plaintiff J ohn Carstarphen. Replies due by
2/15/2010. (Russo, J ohn) (Entered: 02/05/2010)
02/16/2010 114 REPLY to Response to 111 MOTION from Order (REPORT OF COMPLIANCE AND
MOTION FOR RELIEF FROM ORDER) MOTION from Order (REPORT OF
COMPLIANCE AND MOTION FOR RELIEF FROM ORDER) ; filed by Defendant Richard
Milsner. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Hill, Richard) (Entered: 02/16/2010)
IT IS ORDERED that a Motion Hearing re 111 REPORT OF COMPLIANCE AND MOTION
FOR RELIEF FROM ORDER is set for Tuesday, 3/23/2010, at 9:00 AM in Reno Courtroom
2 before Magistrate J udge Robert A. McQuaid, J r. Counsel wishing to appear telephonically
(Entered: 03/10/2010)
03/22/2010 116 SUPPLEMENT to 111 MOTION from Order (REPORT OF COMPLIANCE AND MOTION
FOR RELIEF FROM ORDER) MOTION from Order (REPORT OF COMPLIANCE AND
MOTION FOR RELIEF FROM ORDER) ; by Counter Claimant Richard Milsner, Defendant
Richard Milsner. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Hill, Richard) (Entered:
03/22/2010)
Russo (telephonically); Def Counsel: Richard Hill; FTR #: 9:00:36 a.m. - 9:30:05 a.m.;
Courtroom: 2.
Counsel present argument as to their respective positions regarding Motion for Relief From
Order 111 . IT IS ORDERED that an affidavit shall be submitted by Mr. Dawson stating that
all back-up documents have been provided in relation to the transactions listed in the
spreadsheets submitted by Plaintiff. IT IS FURTHER ORDERED that Defendant shall have a
two (2) week extension in which to submit expert reports. (Copies have been distributed
03/31/2010 118 AFFIDAVIT of J ACK DAWSON re 117 Order on Motion,,,, Motion Hearing,,, ; by
Defendant Richard Milsner. (Hill, Richard) (Entered: 03/31/2010)
04/07/2010 119 STIPULATION REGARDING DISCOVERY by Defendant Richard Milsner. (Attachments: #
1 Exhibit 1 - 3)(Hill, Richard) (Entered: 04/07/2010)
04/12/2010 120 ORDER ON 119 STIPULATION REGARDING DISCOVERY. ( See pdf order for specifics
) Signed by Magistrate J udge Robert A. McQuaid, J r on 4/12/2010. (Copies have been
distributed pursuant to the NEF - DRM) (Entered: 04/12/2010)
04/16/2010 121 SUBPOENA Returned Executed as to J ames Proctor (Hill, Richard) (Entered: 04/16/2010)
04/16/2010 122 SUBPOENA Returned Executed as to J ames Proctor (Hill, Richard) (Entered: 04/16/2010)
05/07/2010 123 STIPULATION TO MODIFY DISCOVERY PLAN AND PARTIALLY WAIVE DISCOVERY
CUT-OFF (THIRD REQUEST) by Defendant Richard Milsner. (Hill, Richard) (Entered:
05/07/2010)
05/11/2010 124 SCHEDULING ORDER re 123 Stipulation : Discovery due by 6/25/2010. Motions due by
7/3/2010. Proposed J oint Pretrial Order due by 7/10/2010. Discovery cut-off is waived for
purposes of taking depositions only. Signed by Magistrate J udge Robert A. McQuaid, J r on
5/11/2010. (Copies have been distributed pursuant to the NEF - DRM) (Entered: 05/12/2010)
06/11/2010 125 DECLARATION of Richard L. Milsner by Defendant Richard Milsner. (Hill, Richard)
(Entered: 06/11/2010)
06/17/2010 126 MOTION to Amend/Correct Complaint re 4 Amended Complaint. for Relief to File Second
Amended Complaint by Plaintiff J ohn Carstarphen. Responses due by 7/4/2010. (Russo, J ohn)
(Entered: 06/17/2010)
06/17/2010 127 MOTION to Extend Time regarding dispositive matter TO MODIFY SCHEDULING ORDER
FOR PURPOSES OF FILING AMENDED PLEADING re 126 MOTION to Amend/Correct
Complaint re 4 Amended Complaint. for Relief to File Second Amended Complaint by
Plaintiff J ohn Carstarphen, Counter Defendant J ohn Carstarphen, Counter Claimant J ohn
Carstarphen. Motion ripe 6/17/2010. (Russo, J ohn) (Entered: 06/17/2010)
06/28/2010 128 MOTION for Summary J udgment by Plaintiff J ohn Carstarphen, Counter Defendant J ohn
Carstarphen, Counter Claimant J ohn Carstarphen. Responses due by 7/22/2010. (Russo, J ohn)
(Entered: 06/28/2010)
06/28/2010 129 STATEMENT of Separate Statement of Uncontroverted Facts In Support of Counter-Def
J ohn Carstarphen's Motion for Summary J udgment of Counterclaims of Richard Milsner re
128 MOTION for Summary J udgment ; by Plaintiff J ohn Carstarphen, Counter Defendant
J ohn Carstarphen, Counter Claimant J ohn Carstarphen. (Russo, J ohn) (Entered: 06/28/2010)
06/28/2010 130 REQUEST for J udicial Notice re 128 MOTION for Summary J udgment ; by Plaintiff J ohn
(Russo, J ohn) (Entered: 06/28/2010)
07/06/2010 131 MOTION for Summary J udgment by ThirdParty Plaintiff Richard Milsner, Counter Claimant
Richard Milsner, Defendant Richard Milsner. Responses due by 7/30/2010. (Attachments: #1
Exhibit 1 - 4, #2 Exhibit 5 - 8, #3 Exhibit 9 - 15)(Hill, Richard) (Entered: 07/06/2010)
07/06/2010 132 EXHIBITS in support of 131 MOTION for Summary J udgment EXHIBITS 16 - 31 by
ThirdParty Plaintiff Richard Milsner, Counter Claimant Richard Milsner, Defendant Richard
Milsner. Responses due by 7/30/2010. (Attachments: #1 Errata 19 - 26, #2 Exhibit 27 -
31)(Hill, Richard) Modified on 7/7/2010 to correct title of document and add link to motion
131 . (WJ ). (Entered: 07/06/2010)
07/06/2010 133 RESPONSE to 126 MOTION to Amend/Correct Complaint re 4 Amended Complaint. for
Relief to File Second Amended Complaint, filed by Counter Claimant Richard Milsner,
Defendant Richard Milsner. Replies due by 7/16/2010. (Attachments: #1 Exhibit 1 - 5)(Hill,
07/12/2010 134 REPLY to Response to 126 MOTION to Amend/Correct Complaint re 4 Amended
Complaint. for Relief to File Second Amended Complaint ; filed by Plaintiff J ohn
07/20/2010 135 TRANSCRIPT of Proceedings, 106 Order on Motion to Compel,,,,,,,,,,,, Motion Hearing,,,,,
held on 12/23/09, before Magistrate J udge Robert A. McQuaid, J r. Court
Reporter/Transcriber: Kathy French, 775-786-5584. Transcript may be viewed at the court
public terminal or purchased through the Court Reporter/Transcriber using the court's
"Transcript Order" form available on our website <a href=http://www.nvd.uscourts.gov
target=_blank>www.nvd.uscourts.gov</a>before the deadline for Release of Transcript
Restriction. After that date it may be obtained through PACER Redaction Request due
8/10/2010. Redacted Transcript Deadline set for 8/20/2010. Release of Transcript Restriction
set for 10/18/2010. (KF) (Entered: 07/20/2010)
07/20/2010 136 Submission of PROPOSED ORDER filed by Defendant Richard Milsner (STIPULATION TO
EXTEND TIME - FIRST REQUEST). (Hill, Richard) (Entered: 07/20/2010)
07/20/2010 137 ORDER ON 136 STIPULATION : D's response to P's 128 Motion for summary judgment
due 8/2/2010. P's response to D's 131 Motion for summary judgment due 8/9/2010. Signed by
J udge Edward C. Reed, J r on 7/20/2010. (Copies have been distributed pursuant to the NEF -
DRM) (Entered: 07/20/2010)
08/02/2010 138 RESPONSE to 128 MOTION for Summary J udgment, filed by Defendant Richard Milsner.
Opposition to Motion for Summary Judgment Replies due by 8/19/2010. (Attachments: #1
Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4 - 9, #5
Exhibit Exhibit 10 - 11, #6 Exhibit Exhibit 12, #7 Exhibit Exhibit 13 -15)(Hill, Richard)
(Entered: 08/02/2010)
08/05/2010 139 ERRATA to 138 Response to 128 Motion, ; Errata to Opposition to Motion For Summary
Judgment (Request for Judicial Notice) filed by Defendant Richard Milsner. (Hill, Richard)
Modified on 8/6/2010 add link to motion. (WJ ). (Entered: 08/05/2010)
08/06/2010 140 RESPONSE to 131 MOTION for Summary J udgment, filed by Plaintiff J ohn Carstarphen,
Counter Defendant J ohn Carstarphen, Counter Claimant J ohn Carstarphen. Replies due by
8/23/2010. (Attachments: #1 Exhibit Exhibits 1-4, #2 Exhibit Exhibits 5-20, #3 Exhibit
Exhibits 21-28, #4 Exhibit Exhibits 29-32)(Russo, J ohn) (Entered: 08/06/2010)
08/06/2010 141 REQUEST for J udicial Notice re 140 Response to Motion, ; by Plaintiff J ohn Carstarphen,
Counter Defendant J ohn Carstarphen, Counter Claimant J ohn Carstarphen (Attachments: #1
Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7
Exhibit G)(Russo, J ohn) (Entered: 08/06/2010)
08/06/2010 142 DECLARATION re 132 MOTION for Summary J udgment EXHIBITS 16 - 31 ; filed by
Plaintiff J ohn Carstarphen, Counter Defendant J ohn Carstarphen, Counter Claimant J ohn
Carstarphen. (Russo, J ohn) (Entered: 08/06/2010)
08/10/2010 143 NOTICE of Corrected Image/Document re 140 Response to 131 Motion, by Plaintiff J ohn
(Service of corrected image is attached). (Attachments: #1 Exhibit Exhibits 1-4, #2 Exhibit
Exhibits 5-20, #3 Exhibit Exhibits 21-28, #4 Exhibit Exhibits 29-32)(Russo, J ohn) Modified
on 8/11/2010b add link to motion. (WJ ). (Entered: 08/10/2010)
08/16/2010 144 NOTICE of Corrected Image/Document re 140 Response to 131 Motion, by Plaintiff J ohn
(Service of corrected image is attached). (Russo, J ohn) Modified on 8/16/2010 add link to
motion. (WJ ). (Entered: 08/16/2010)
08/17/2010 145 MOTION for Leave to File Motion for Summary Judgment in Excess of 30 Pages (After the
Fact) by Counter Claimant Richard Milsner, Defendant Richard Milsner. Motion ripe
8/17/2010. (Hill, Richard) (Entered: 08/17/2010)
08/17/2010 146 ORDER granting 145 Motion for Leave to File Motion for Summary J udgment in Excess of
30 Pages (After the Fact). Signed by J udge Edward C. Reed, J r on 8/17/2010. (Copies have
been distributed pursuant to the NEF - DRM) (Entered: 08/17/2010)
08/19/2010 147 NOTICE of Corrected Image/Document re 141 Request for J udicial Notice, by Plaintiff J ohn
(Service of corrected image is attached). (Attachments: #1 Exhibit A, #2 Exhibit B, #3
Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Russo, J ohn) (Entered:
08/19/2010)
08/19/2010 148 REPLY to Response to 131 MOTION for Summary J udgment ; filed by Plaintiff J ohn
08/20/2010 149 Submission of PROPOSED ORDER on 140 Response to Motion, ; filed by Defendant
Richard Milsner (STIPULATION TO EXTEND TIME). (Hill, Richard) (Entered: 08/20/2010)
08/23/2010 150 ORDER ON 149 Stipulation to Extend Time. IT IS ORDERED, pursuant to the agreement
between the parties, defendants shall file and serve a reply to plaintiff's 140 opposition to
defendants 131 Motion for Summary J udgment on or before Monday, August 30, 2010.
Signed by J udge Edward C. Reed, J r on 8/23/2010. (Copies have been distributed pursuant to
the NEF - KO) (Entered: 08/23/2010)
08/30/2010 151 REPLY to Response to 131 MOTION for Summary J udgment ; filed by Defendant Richard
Milsner. (Attachments: #1 Exhibit 1 - 7, #2 Exhibit 8, #3 Exhibit 9 - 12)(Hill, Richard)
(Entered: 08/30/2010)
11/15/2010 152 NOTICE by ThirdParty Plaintiff Richard Milsner, Counter Claimant Richard Milsner,
Defendant Richard Milsner OF BANKRUPTCY (Hill, Richard) (Entered: 11/15/2010)
02/24/2011 153 NOTICE by Plaintiff J ohn Carstarphen OF ORDER OF UNITED STATES BANKRUPTCY
COURT GRANTING LIMITED RELIEF FROM STAY TO PROCEED WITH PENDING U.S.
DISTRICT COURT CASE (Russo, J ohn) (Entered: 02/24/2011)
05/25/2011 154 MINUTE ORDER IN CHAMBERS of the Honorable J udge Edward C. Reed, J r, on
5/25/2011. By Deputy Clerk: Colleen Larsen. The Bankruptcy Court's order 153 lifting the
stay as to the cross-motions for summary judgment does not lift the stay regarding the
Motion to File a Second Amended Complaint for Breach of Fiduciary Duties and Self
Dealing filed on J une 17, 2010 126 . (Copies have been distributed pursuant to the NEF -
MLC) (Entered: 05/25/2011)
07/25/2011 155 NOTICE by Plaintiff J ohn Carstarphen OF ORDER OF UNITED STATES BANKRUPTCY
COURT GRANTING RELIEF TO ALLOW UNITED STATES DISTRICT COURT TO RULE
ON CARSTARPHEN'S MOTION TO AMEND COMPLAINT (Russo, J ohn) (Entered:
07/25/2011)
09/06/2011 156 MINUTE ORDER IN CHAMBERS of the Honorable Chief J udge Robert C. J ones, on
9/6/2011. IT IS ORDERED that this case is reassigned to Magistrate J udge William G. Cobb
for all further proceedings. Magistrate J udge Robert A. McQuaid, J r no longer assigned to
case. All further documents must bear the correct case number 3:07-cv-00542-ECR-WGC.
(no image attached) (Copies have been distributed pursuant to the NEF - PM) (Entered:
09/06/2011)
10/14/2011 157 ORDERED that Carstarphen's #126 Motion for Leave to Amend is DENIED. FURTHER
ORDERED that Carstarphen's #128 Motion for Summary J udgment on the Counterclaims is
GRANTED. FURTHER ORDERED that Milsner's #131 Motion for Summary J udgment is
DENIED. Signed by J udge Edward C. Reed, J r on 10/14/2011. (Copies have been distributed
pursuant to the NEF - DRM) (Entered: 10/17/2011)
12/07/2011 158 PRETRIAL NOTICE ORDER. Proposed J oint Pretrial Order due by 1/13/2012. Signed by
J udge Edward C. Reed, J r. (Copies have been distributed pursuant to the NEF - BLG)
(Entered: 12/07/2011)
12/22/2011 159 NOTICE by Defendant Richard Milsner Notice of Automatic Stay (Hill, Richard) (Entered:
12/22/2011)
02/22/2012 160 VACATED per # 164 Order : SECOND PRETRIAL NOTICE ORDER. Proposed J oint
Pretrial Order due extended to 3/2/2012. Signed by J udge Edward C. Reed, J r. (Copies have
been distributed pursuant to the NEF - BLG) Modified on 3/6/2012 to denote VACATED
(DRM). (Entered: 02/22/2012)
03/01/2012 161 Emergency MOTION Relief from Order by Counter Claimant Richard Milsner, Defendant
Richard Milsner. Responses due by 3/18/2012. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3
Declaration)(Hill, Richard) (Entered: 03/01/2012)
03/02/2012 162 PROPOSED Discovery Plan/Scheduling Order filed by Plaintiff J ohn Carstarphen Proposed
Pre-Trial Order. (Russo, J ohn) (Entered: 03/02/2012)
03/05/2012 163 OBJ ECTION to 162 Proposed Discovery Plan/Scheduling Order ; filed by Counter Claimant
Richard Milsner, Defendant Richard Milsner. (Attachments: #1 Exhibit 1, #2 Exhibit 2
(Declaration))(Hill, Richard) (Entered: 03/05/2012)
03/05/2012 164 ORDERED that #160 Order requiring the filing of a pretrial order is VACATED. This action
is stayed pending the bankruptcy. The Emergency #161 Motion is DENIED without
prejudice. Signed by J udge Edward C. Reed, J r on 3/5/2012. (Copies have been distributed
pursuant to the NEF - DRM) (Entered: 03/06/2012)
03/15/2012 165 NOTICE of Change of Attorney on behalf of Plaintiff J ohn Carstarphen, Counter Defendant
03/20/2012 166 NOTICE: Attorney Action Required to 165 Notice of Change of Attorney. Attorney J ohn
Russo advised to refile his document. Upon review of document 165 it was docketed as a
notice of change of counsel but the document appears to be a substitution of counsel. As a
substitution of counsel it fails to meet the requirement of LR IA 10-6(c). Furthermore, the
address for J ohn S. Russo on the substitution document is different from the address on the
docket sheet in CMECF. J ohn Russo needs to update his CMECF account regarding his
correct address pursuant to special order 109, paragraph II D. J ohn Russo should file a new
notice regarding change of law firm for both himself and Patrick O King. If Patrick King is
no longer with the new law firm then J ohn Russo should explain why Patrick King should be
removed from the docket sheet as counsel for Plaintiff. (no image attached)(WJ ) Modified
on 7/19/2012 Complied (WJ ). (Entered: 03/20/2012)
J ohn Carstarphen, Counter Claimant J ohn Carstarphen. SUBSTITUTION (Russo, J ohn)
(Entered: 03/26/2012)
10/01/2012 169 MINUTE ORDER IN CHAMBERS of the Honorable Chief J udge Robert C. J ones, on
10/1/2012. IT IS ORDERED that this case is reassigned to Chief J udge Robert C. J ones for
all further proceedings. J udge Edward C. Reed, J r no longer assigned to case. All further
documents must bear the correct case number 3:07-cv-00542-RCJ -WGC. (no image
attached) (Copies have been distributed pursuant to the NEF - AF) (Entered: 10/01/2012)
10/25/2012 170 NOTICE ORDER FROM U.S. BANKRTUPCY COURT GRANTING RELIEF FROM STAY
TO PROCEED WITH PENDING U.S. DISTRICT COURT CASE by J ohn Carstarphen.
11/19/2012 171 Submission of PROPOSED ORDER filed by Defendant Richard Milsner (STIPULATION
AND ORDER FOR DISMISSAL WITH PREJUDICE). (Hill, Richard) (Entered: 11/19/2012)
11/29/2012 172 ORDER ON STIPULATION re 171 Stipulation for Dismissal with Prejudice. Case
terminated. Signed by Chief J udge Robert C. J ones on 11/28/2012. (Copies have been
distributed pursuant to the NEF - HJ ) (Entered: 11/29/2012)
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3 26 13 SBN King Attorney of Record Opposing Hill While Prosecuting Coughlin For Hill's Greivance in 62337 As of Docket NVD 3 07-Cv-00542-RCJ-WGC Milsner King Hill Case

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3 26 13 SBN King Attorney of Record Opposing Hill While Prosecuting Coughlin For Hill's Greivance in 62337 As of Docket NVD 3 07-Cv-00542-RCJ-WGC Milsner King Hill Case

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