DIANE IRWIN John Lawrence Mericle
plaintiff 206-464-3939
[COR NTC]
Kenneth Levi Schubert, Jr.
206-464-3939
[COR LD NTC]
GARVEY SCHUBERT BARER
1191 2ND AVE
18TH FLOOR
SEATTLE, WA 98101-2939
206-464-3939
Robert C Weaver, Jr
503-228-3939
[COR LD NTC]
GARVEY SCHUBERT BARER
121 SW MORRISON ST
11TH FLOOR
PORTLAND, OR 97204
503-228-3939
v.
LESOURD & PATTEN PS, a John D Lowery
Washington Prof. Serf. Corp. FTS FAX
defendant FAX 389-1708
[COR LD NTC]
RIDDELL & WILLIAMS
1001 4TH AVE PLAZA
STE 4500
SEATTLE, WA 98154
206-624-3600
LESOURD PATTEN FLEMING HARTUNG John D Lowery
& EMORY, a Washington Law (See above)
Partnership [COR LD NTC]
defendant
LESOURD & PATTEN PS, a John D Lowery
Washington Law Partnership (See above)
defendant [COR LD NTC]
KLC HOLDINGS LTD, a Delaware Mark R Fortier
Corporation [term 04/05/91]
defendant 509-248-4935
[term 04/05/91] [COR LD NTC]
MARK R FORTIER, P S
117 N 3RD ST SUITE 101
P O BOX 424
YAKIMA, WA 98907
509-248-4935
Floyd L Newland
[term 07/25/90]
FTS FAX
FAX 682-7100
[COR LD NTC]
KARR TUTTLE CAMPBELL
1201 THIRD AVE
STE 2900
SEATTLE, WA 98101-3028
206-223-1313
F G PAXTON FAMILY ORGANIZATION Mark R Fortier
TRUST, a Washington Inter [term 04/05/91]
Vivos Trust (See above)
defendant [COR LD NTC]
[term 04/05/91]
INTERNATIONAL DEVELOPMENT Mark R Fortier
TRUST (IDT), a Washington [term 04/05/91]
Inter Vivios Trust (See above)
defendant [COR LD NTC]
[term 04/05/91]
JERRE H PAXTON, individually Floyd L Newland
and as Trustee of PFOT and IDT [term 04/05/91]
defendant (See above)
[term 04/05/91] [COR LD NTC]
LORNE HOUSE, Individually and Jan Laurie Essenburg
as Trustee of PFOT and Trustee [term 04/05/91]
of IDT FTS FAX
defendant FAX 464-0125
[term 04/05/91] [COR LD NTC]
GARVEY SCHUBERT BARER
1191 2ND AVE
18TH FLOOR
SEATTLE, WA 98101-2939
206-464-3939
JANE DOE HOUSE, his wife and Jan Laurie Essenburg
thier community [term 04/05/91]
aka (See above)
Margaret Cunningham [COR LD NTC]
defendant
[term 04/05/91]
SCHRADER ALEGRIA ENGELMAN & Jerret E. Sale
DEPEW PS FTS FAX
defendant FAX 386-5130
[COR LD NTC]
BULLIVANT HOUSER BAILEY
1601 5TH AVE
STE 2400
SEATTLE, WA 98101-1618
206-292-8930
JAMES E SHRADER, Individually Jan Laurie Essenburg
and as Trustee of PFOT and as (See above)
Trustee of IDT [COR LD NTC]
defendant
[term 08/06/90] Jerret E. Sale
(See above)
[COR LD NTC]
FRANCIS SHRADER, his wife and Jan Laurie Essenburg
thier community [term 04/05/91]
defendant (See above)
[term 04/05/91] [COR LD NTC]
TED PAXTON, individually and Jan Laurie Essenburg
as Trustee of PFOT and as [term 04/05/91]
Trustee of IDT (See above)
defendant [COR LD NTC]
[term 04/05/91]
SHARON PAXTON, his wife and Jan Laurie Essenburg
their community [term 04/05/91]
defendant (See above)
[term 04/05/91] [COR LD NTC]
DALE LEACH, individually and Jan Laurie Essenburg
as trustee of IDT [term 04/05/91]
defendant (See above)
[term 04/05/91] [COR LD NTC]
JANE DOE LEACH, his wife and Jan Laurie Essenburg
their community [term 04/05/91]
defendant (See above)
[term 04/05/91] [COR LD NTC]
PETER M LIND, individually and John P. Evans
as Trustee of PFOT and as FTS FAX
Trustee of IDT FAX 628-6611
defendant [COR LD NTC]
WILLIAMS KASTNER & GIBBS
PO BOX 21926
SEATTLE, WA 98111-3926
206-628-6600
Ruth Nielsen
[term 08/23/90]
FTS FAX
FAX 632-7118
[COR LD NTC]
NIELSEN LAW OFFICE
927 N NORTHLAKE WY
STE 301
SEATTLE, WA 98103-1119
206-632-7105
GEORGETTE D LIND, his wife and John P. Evans
their marital community (See above)
defendant [COR LD NTC]
Ruth Nielsen
[term 08/23/90]
(See above)
[COR LD NTC]
LIND THOM MUSSEHL & NAVONI, a John P. Evans
Washington Law Partnership (See above)
defendant [COR LD NTC]
Ruth Nielsen
[term 08/23/90]
(See above)
[COR LD NTC]
W C RUTHFORD John Henry Darrow
defendant 425-369-2064
[COR LD NTC]
310 3RD NE
STE 116
ISSAQUAH, WA 98027
425-369-2064
MARCIA A RUTHFORD, his wife John Henry Darrow
and their marital community (See above)
defendant [COR LD NTC]
D WILLIAM TOONE, JR John D Lowery
defendant (See above)
[COR LD NTC]
MARY TOONE, his wife and their John D Lowery
marital community (See above)
defendant [COR LD NTC]
GEORGE M HARTUNG John D Lowery
defendant (See above)
[COR LD NTC]
JANE DOE HARTUNG, his wife and John D Lowery
their marital community (See above)
defendant [COR LD NTC]
LEON C MISTEREK John D Lowery
defendant (See above)
[COR LD NTC]
JANE DOE MISTEREK, his wife John D Lowery
and their marital community (See above)
defendant [COR LD NTC]
WOOLVIN PATTEN John D Lowery
defendant (See above)
[COR LD NTC]
ELIZABETH PATTEN, his wife and John D Lowery
their marital community (See above)
defendant [COR LD NTC]
MEADE EMORY John D Lowery
defendant (See above)
[COR LD NTC]
DEBORAH EMORY, his wife and John D Lowery
their martial community (See above)
defendant [COR LD NTC]
DANIEL D WOO John D Lowery
defendant (See above)
[COR LD NTC]
JANE DOE WOO, his wife and John D Lowery
their marital community (See above)
defendant [COR LD NTC]
MARIANNE SCHWARTZ O'BARA John D Lowery
defendant (See above)
[COR LD NTC]
JOHN DOE O'BARA, her husband John D Lowery
and their community (See above)
defendant [COR LD NTC]
FRANCIS A LESOURD John D Lowery
defendant (See above)
[COR LD NTC]
JANE DOE LESOURD, his wife and John D Lowery
their marital community (See above)
defendant [COR LD NTC]
DONALD D FLEMING John D Lowery
defendant [term 03/22/91]
[term 03/22/91] (See above)
[COR LD NTC]
JANE DOE FLEMING, his wife and John D Lowery
their community [term 03/22/91]
defendant (See above)
[term 03/22/91] [COR LD NTC]
DWAYNE E COPPLE John D Lowery
defendant [term 03/22/91]
[term 03/22/91] (See above)
[COR LD NTC]
JANE DOE COPPLE, his wife and John D Lowery
their marital community [term 03/22/91]
defendant (See above)
[term 03/22/91] [COR LD NTC]
THOMAS O MCLAUGHLIN John D Lowery
defendant [term 03/22/91]
[term 03/22/91] (See above)
[COR LD NTC]
JANE DOE MCLAUGHLIN, his wife John D Lowery
and their marital community [term 03/22/91]
defendant (See above)
[term 03/22/91] [COR LD NTC]
JOHN F COLGROVE John D Lowery
defendant (See above)
[COR LD NTC]
JANE DOE COLGROVE, his wife John D Lowery
and their marital community (See above)
defendant [COR LD NTC]
C DEAN LITTLE John D Lowery
defendant (See above)
[COR LD NTC]
JANE DOE LITTLE, his wife and John D Lowery
their marital community (See above)
defendant [COR LD NTC]
LAWRENCE E HARD John D Lowery
defendant (See above)
[COR LD NTC]
JANE DOE HARD, his wife and John D Lowery
their marital community (See above)
defendant [COR LD NTC]
RODNEY J WALDBAUM John D Lowery
defendant (See above)
[COR LD NTC]
JANE DOE WALDBAUM, his wife John D Lowery
and theri marital community (See above)
defendant [COR LD NTC]
BRUCE G HANSON John D Lowery
defendant [term 03/22/91]
[term 03/22/91] (See above)
[COR LD NTC]
JANE DOE HANSON, his wife and John D Lowery
their marital community [term 03/22/91]
defendant (See above)
[term 03/22/91] [COR LD NTC]
RICHARD P MATTHEWS John D Lowery
defendant [term 03/22/91]
[term 03/22/91] (See above)
[COR LD NTC]
LINDA C MATTHEWS, his wife and
their marital community
defendant
[term 03/22/91]
JOHN BEARD John D Lowery
defendant [term 01/18/91]
[term 01/18/91] (See above)
[COR LD NTC]
DAVID A LAWER John D Lowery
defendant [term 01/18/91]
[term 01/18/91] (See above)
[COR LD NTC]
ROGER CREMO John D Lowery
defendant [term 01/18/91]
[term 01/18/91] (See above)
[COR LD NTC]
CARL J CARLSON John D Lowery
defendant (See above)
[COR LD NTC]
JANE DOE CARLSON, his wife and John D Lowery
their marital community (See above)
defendant [COR LD NTC]
PHILLIP L THOM John P. Evans
defendant (See above)
[COR LD NTC]
Ruth Nielsen
[term 08/23/90]
(See above)
[COR LD NTC]
MARIAN THOM, his wife and John P. Evans
their marital community (See above)
defendant [COR LD NTC]
Ruth Nielsen
[term 08/23/90]
(See above)
[COR LD NTC]
ROBERT C MUSSEHL John P. Evans
defendant (See above)
[COR LD NTC]
Ruth Nielsen
[term 08/23/90]
(See above)
[COR LD NTC]
JANE DOE MUSSEHL, his wife and John P. Evans
their marital community (See above)
defendant [COR LD NTC]
Ruth Nielsen
[term 08/23/90]
(See above)
[COR LD NTC]
DONALD NAVONI John P. Evans
defendant (See above)
[COR LD NTC]
Ruth Nielsen
[term 08/23/90]
(See above)
[COR LD NTC]
BRIAN KIMBERLY SHRADER, Jerret E. Sale
appointed executor of the last (See above)
will and testament of James B. [COR LD NTC]
Shrader, deceased
defendant
3/28/90 1 COMPLAINT (Summons(es) issued) (kc) [Entry date 03/29/90]
3/30/90 2 MINUTE ORDER: by ET Case reassigned to Judge Carolyn R.
Dimmick all future documents shall bear cause no. C90-457D
, (cc: all counsel) (rs)
4/2/90 3 ATTORNEY APPEARANCE and acceptance of service for defendant
Peter M Lind, defendant Georgette D Lind, defendant Lind
Thom Mussehl, defendant Phillip L Thom, defendant Marian
Thom, defendant Robert C Mussehl, defendant Jane Doe
Mussehl, defendant Donald Navoni by Ruth Nielsen (kc)
[Entry date 04/05/90]
4/3/90 5 ACCEPTANCE OF SERVICE AND ATTORNEY APPEARANCE for defendant
Lorne House, defendant Jane Doe House, defendant James E
Shrader, defendant Shrader, defendant Ted Paxton, defendant
Sharon Paxton, defendant Dale Leach, defendant Jane Doe
Leach by Atty. Jan L. Essenburg. (kc) [Entry date 04/09/90]
[Edit date 04/09/90]
4/3/90 6 AFFIDAVIT of service regarding attorney [5-1] (kc)
[Entry date 04/09/90] [Edit date 04/09/90]
4/5/90 4 ACCEPTANCE OF SERVICE & ATTORNEY APPEARANCE for defendant W
C Ruthford, defendant Marcia A Ruthford (kc)
[Entry date 04/06/90]
4/5/90 12 ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE by defendant Shrader
Alegria, defendant James E Shrader, defendant Francis
Shrader on 4/2/90 and notice of appearance-Jerret E. Sale,
attorney (md) [Entry date 04/11/90]
4/5/90 13 AFFIDAVIT of service regarding service and notice of
appearance [12-1] (md) [Entry date 04/11/90]
4/6/90 -- LODGED ORDER: re: motion to dismiss securities claims (kc)
[Entry date 04/17/90]
4/9/90 7 MOTION by defendants Patten and LeSourd for leave to file
overlength brief noted for 4/27/90 (md)
[Entry date 04/10/90]
4/9/90 8 MEMORANDUM by defendants Patten and LeSourd in support of
motion for leave to file overlength brief [7-1] (md)
[Entry date 04/10/90]
4/9/90 -- LODGED ORDER: re: motion for leave to file overlength brief
(md) [Entry date 04/10/90]
4/9/90 9 MOTION by defendants Patten and LeSourd to shorten time on
motion for leave to file brief [7-1][9-1] noted for
4/12/90 (md) [Entry date 04/10/90]
4/9/90 10 DECLARATION of James E. Rogers re motion to shorten time on
motion for leave to file brief [7-1][9-1] (md)
[Entry date 04/10/90]
4/9/90 -- LODGED ORDER: re: motion to shorten time on motion for
leave to file brief [7-1][9-1] (md) [Entry date 04/10/90]
4/10/90 11 MINUTE ORDER: by Judge Dimmick, granting motion for leave
to file overlength brief [7-1] to 35 pages in support to
its motion to dismiss; granting motion to shorten time on
motion for leave to file brief [7-1][9-1](cc: all
counsel) (md)
4/10/90 14 DECLARATION of mailing re: motion to file overlength brief,
memorandum in support of, et al (md) [Entry date 04/11/90]
4/12/90 15 ATTORNEY APPEARANCE for defendant KLC Holdings Ltd by Atty
Newland, for the sole purpose of protecting defendant from
default until such time as KLC holdings obtains its own
counsel. (kc) [Entry date 04/13/90]
4/12/90 16 MOTION by defendant Jerre H Paxton for protective order
noted for 4/27/90. (kc) [Entry date 04/13/90]
4/12/90 17 MEMORANDUM by defendant Jerre H Paxton in support of
motion for protective order [16-1] (kc)
[Entry date 04/13/90]
4/12/90 18 CERTIFICATE of Compliance in support of motion for
protective order by defendant Jerre H Paxton (kc)
[Entry date 04/13/90]
4/12/90 -- LODGED ORDER:(proposed) protective order (kc)
[Entry date 04/13/90]
4/12/90 -- LODGED ORDER: (Alternate Proposes) protective order (kc)
[Entry date 04/13/90]
4/12/90 19 MOTION by defendant Jerre H Paxton for order to shorten
time on motion for protective order, noted for 4/18/90
[16-1], [19-1] (kc) [Entry date 04/13/90]
4/12/90 20 AFFIDAVIT of Floyd Newland in support of motion for
protective order [16] and in support of motion shortening
time on motion for protective order [19] (kc)
[Entry date 04/13/90]
4/12/90 -- LODGED ORDER: re: motion for order to shorten time on
motion for protective order, noted for 4/18/90 [16-1],
[19-1] (kc) [Entry date 04/13/90]
4/12/90 21 AFFIDAVIT of mailing regarding motion for protective order
[16-1] et al. (kc) [Entry date 04/13/90]
4/16/90 22 ORDER by Judge Carolyn R. Dimmick granting motion for
order to shorten time on motion for protective order now
noted for 4/27/90 [16-1], [19-1] [19-1] (cc: all
counsel) (kc)
4/16/90 23 MOTION by defendasnts Peter M Lind, Georgette D Lind, Lind
Thom Mussehl, Phillip L Thom, Marian Thom, Robert C
Mussehl, Jane Doe Mussehl, Donald Navoni to dismiss state
and federal claims and for more definite statement noted
for 5/4/90 (kc) [Entry date 04/17/90]
4/16/90 24 MEMORANDUM by defendants Peter M Lind, Georgette D Lind,
Lind Thom Mussehl, Phillip L Thom, Marian Thom, Robert C
Mussehl, Doe Mussehl, Donald Navoni in support of motion to
dismiss state and federal securities claims and motion for
more definite statement [23-1] (kc) [Entry date 04/17/90]
4/16/90 -- LODGED ORDER: re: motion to dismiss state and federal
claims and for more definite statement (kc)
[Entry date 04/17/90]
4/16/90 25 AFFIDAVIT of mailing regarding motion to dismiss state and
federal claims and for more definite statement [23-1]et al
(kc) [Entry date 04/17/90]
4/16/90 26 MOTION by defendants LeSourd & Patten et al to dismiss
plaintiff's complaint noted for 5/4/90 (kc)
[Entry date 04/17/90]
4/16/90 27 MEMORANDUM by LeSourd & Patten defendants in support of
motion to dismiss plaintiff's complaint [26-1] (kc)
[Entry date 04/17/90]
4/16/90 28 MOTION by Ted Paxton defendants ( Ted Paxton , his wife,
Lorne House, his wife, Dale Leach, his wife and James
Shrader)for dismissal noted for 5/4/90 (kc)
[Entry date 04/17/90]
4/16/90 29 MEMORANDUM by Ted Paxton defendants in support of motion
for dismissal [28-1] (kc) [Entry date 04/17/90]
4/16/90 -- LODGED ORDER: re: Ted Paxton defendants' motion for
dismissal (kc) [Entry date 04/17/90]
4/16/90 30 MOTION by defendant Shrader Alegria, defendant James E
Shrader in his capacity as an accountant to dismiss
securities claims noted for 5/4/90 (kc)
[Entry date 04/17/90]
4/16/90 31 MEMORANDUM by defendant Shrader Alegria, defendant James E
Shrader in support of motion to dismiss securities claims
[30-1] (kc) [Entry date 04/17/90]
4/16/90 32 AFFIDAVIT of service regarding motion to dismiss securities
claims [30-1] et al (kc) [Entry date 04/17/90]
4/17/90 -- LODGED ORDER: re: defendant Lesourd's motion to dismiss (kc)
4/17/90 33 CERTIFICATE of service. (kc)
4/17/90 34 AFFIDAVIT of service by defendant Shrader and Shrader &
Alegria re: proposed orders. (kc)
4/17/90 35 AFFIDAVIT of service by mail of Ted Paxton def's proposed
orders. (kc) [Entry date 04/18/90]
4/17/90 37 ACCEPTANCE OF SERVICE & NOTICE of appearance for the
LeSourd and Patten defendants by Attorney John Lowery. (kc)
[Entry date 04/20/90]
4/18/90 36 RETURN OF SERVICE executed upon defendant KLC Holdings Ltd
on 4/16/90 (kc) [Entry date 04/19/90]
4/20/90 38 STATEMENT of the FACT OF DEATH of James B. Shrader on April
16, 1990. (NS) [Entry date 04/23/90]
4/20/90 39 AFFIDAVIT of Service of statement of the fact of death;
svc. on 4/20/90 by mail or hand delivery. [38-1] (NS)
[Entry date 04/23/90]
4/23/90 40 RESPONSE by plaintiff to defendant Jerre Paxtons' motion
for protective order [16-1] (kc) [Entry date 04/24/90]
4/23/90 41 MOTION by plaintiff to continue hearing on defendants
motions to dismiss and for enlargement of time for
responses thereto noted for 5/11/90 (kc)
[Entry date 04/24/90]
4/23/90 42 MOTION by plaintiff to shorten time motion to continue
hearing on defendants motions to dismiss and for
enlargement of time for responses thereto [41-1], motion
[42-1] noted for 4/25/90. (kc) [Entry date 04/24/90]
4/23/90 -- LODGED ORDER: re: motion to shorten time motion to continue
hearing on defendants motions to dismiss and for
enlargement of time for responses thereto [41-1], motion
[42-1] (kc) [Entry date 04/24/90]
4/23/90 43 AFFIDAVIT of Stephen J. Kennedy in support of plaintinffs
motion for continuance and in support of motion for order
shortening time [41-1] (kc) [Entry date 04/24/90]
4/23/90 44 AFFIDAVIT of service regarding motion to continue hearing
on defendants motions to dismiss and for enlargement of
time for responses thereto [41-1] et al. (kc)
[Entry date 04/24/90]
4/24/90 -- LODGED ORDER: re: motion to shorten time motion to continue
hearing on defendants motions to dismiss and for enlargement
of time for responses thereto [41-1], motion [42-1] (kc)
[Edit date 04/24/90]
4/27/90 45 RETURN OF SERVICE executed upon defendant KLC Holdings Ltd
on 4/19/90 (kc) [Entry date 04/30/90]
4/30/90 -- ENT- defendant Paxtons' motion for protective order
submitted without argument 4/27/90. (kc)
5/1/90 46 ORDER by Judge Carolyn R. Dimmick noted for 6/8/90 motion
for dismissal [28-1] noted for 6/8/90 motion to dismiss
state and federal claims and for more definite statement
[23-1] noted for 6/8/90 motion to dismiss securities claims
[30-1] noted for 6/8/90 motion to dismiss plaintiff's
complaint [26-1] (cc: all counsel) renoted from 5/4/90 to
6/8/90, responses due 5/25/90 at 12:00pm, and reply briefs
due 6/7/90 at 12:00pm.(c to counsel) (kc)
5/14/90 47 ACCEPTANCE OF SERVICE & ATTORNEY APPEARANCE for defendant
Jerre H Paxton by attorney Floyd Newland. (kc)
[Entry date 05/15/90] [Edit date 05/16/90]
5/16/90 48 PROTECTIVE ORDER by Judge Carolyn R. Dimmick : granting
motion for protective order [16-1] matters that are
discovery related shall be marked confidential for example
customer trade lists etc. PLEASE SEE ORDER IN FILE. (cc:
all counsel) (kc)
5/16/90 49 MOTION by defendant Jerre H Paxton for partial summary
judgment against plaintiff re: validity of the trust
amendments and disproportionate distributions oral argument
requested noted for 6/8/90 (kc) [Entry date 05/17/90]
5/16/90 -- LODGED ORDER: re: motion for partial summary judgment
against plaintiff re: validity of the trust amendments and
disproportionate distributions oral argument requested (kc)
[Entry date 05/17/90]
5/16/90 50 AFFIDAVIT of service regarding motion for partial summary
judgment against plaintiff re: validity of the trust
amendments and disproportionate distributions oral argument
requested [49-1] (kc) [Entry date 05/17/90]
5/17/90 51 MOTION by defendant Shrader Alegria, defendant James E
Shrader et ux (as accountant) for partial summary judgment
re: validity of trusts, and amendments thereto,
disporportionate distributions. Oral argument requested
noted for 6/8/90 (kc) [Edit date 05/21/90]
5/17/90 -- LODGED ORDER: re: motion for partial summary judgment re:
validity of trusts, and amendments thereto,
disporportionate distributions, oral argument requested (kc)
5/17/90 52 AFFIDAVIT of service regarding motion for partial summary
judgment re: validity of trusts, and amendments thereto,
disporportionate distributions, oral argument requested
[51-1] (kc)
5/17/90 53 MOTION by Ted Paxton defts' for partial summary judgment
concerning the validity of the trust amendments and
disproportionate distributions; oral argument requested
noted for 6/8/90 (kc)
5/17/90 -- LODGED ORDER: re: motion for partial summary judgment
concerning the validity of the trust amendments and
disproportionate distributions; oral argument requested (kc)
5/17/90 54 AFFIDAVIT of service by mail regarding motion for partial
summary judgment concerning the validity of the trust
amendments and disproportionate distributions; oral
argument requested [53-1] (kc)
5/17/90 55 MOTION AND JOINDER by defendants' Lesourd & Patten with
Jerre Paxtons motion for partial summary judgment re:
validity the trust, amendments thereto, and disproportionate
distributions oral argument requested. noted for 6/8/90 (kc)
[Edit date 05/21/90]
5/17/90 -- LODGED ORDER: re: motion for partial summary judgment re:
validity the trust, amendments thereto, and
disproportionate distributions oral argument requested. (kc)
[Entry date 05/21/90]
5/17/90 56 JOINDER by Lind defendants in Jerre Paxton's motion for
partial summary judgment against plaintiff re: validity of
the amendments and disproportionate distributions oral
argument requested [49-1] noted for June 8, 1990. (kc)
[Entry date 05/21/90] [Edit date 05/23/90]
5/21/90 57 DEMAND for JURY TRIAL by plaintiff Diane Irwin (kc)
[Entry date 05/22/90]
5/21/90 58 AFFIDAVIT of service of jury demand [57-1] (kc)
[Entry date 05/22/90]
5/25/90 59 MEMORANDUM by plaintiff Diane Irwin in opposition to defts'
motions re: to dismiss state and federal claims and for
definite statement oral argument requested [23-1] [26-1]
[28-1] [30-1] (kc) [Entry date 05/29/90]
[Edit date 06/01/90]
5/25/90 60 AFFIDAVIT of service regarding memorandum [59-1] (kc)
[Entry date 05/29/90]
6/1/90 61 JOINT STATUS REPORT filed by all parties. Pltf Irwin has
requested a jury trial on all issues so triable. It is
difficult to predict the length of trial until dispositive
motions have been resolved. However, it is estimated that
the trial will last approximately l0 weeks. The parties
proposed a trial date of 4/11/92. Rule 39.l conference
would be probably not be effective until discovery is
completed. (md) [Entry date 06/04/90]
6/7/90 62 REPLY MEMORANDUM by defendant Peter M Lind, defendant
Georgette D Lind, defendant Lind Thom Mussehl in support of
Lind Defts motion to dismiss state and federal securities
claims and motion for more definite statement oral argument
requested [23-1] (md)
6/7/90 63 LETTER from Floyd Newland dated 6/6/90 re: con't partial sj
motion from 6/8/90 to 7/27/90. (md)
6/7/90 64 REPLY by defendant Ted Paxton et al to pltfs response to
their motion for dismissal pursuant to FRCP 9(b) [28-1] (md)
6/7/90 65 REPLY by defendant LeSourd & Patten PS, defendant LeSourd
Patten Flem to all pltfs memorandum in opposition to the
Lesourd & Patten motions to dismiss [26-1] (md)
6/7/90 66 REPLY MEMORANDUM by defendant Shrader Alegria, defendant
James E Shrader, in support of Shrader and Shrader
Alegria's motion to dismiss (Irwin) [28-1] (md)
6/7/90 67 AFFIDAVIT of service regarding reply memorandum in support
of Shrader and Shrader Alegria's motion to dismiss (Irwin)
[66-1] (md)
6/8/90 68 LETTER from John L. Mericle re: footnotes to Lind defts to
their reply memorandum (md)
6/8/90 69 AFFIDAVIT of service regarding letter [68-1] (md)
6/11/90 70 AFFIDAVIT of service by mail regarding reply to pltfs
response to their motion for dismissal pursuant to FRCP
9(6) [64-1] (md) [Entry date 06/12/90]
6/20/90 71 MINUTE ORDER: by Judge Dimmick, all letters to the court
addressing legal arguments and analysis are being returned
to sender. All such documents are to be in the form of
legal briefs filed in duplicate with the clerk of the court.
(cc: all counsel) (md) [Edit date 06/20/90]
7/2/90 73 SUPPL MEMORANDUM by plaintiff Diane Irwin IN RESPONSE to
Defts' motions to dismiss & for more definite statement
[23-1] (pp) [Entry date 07/03/90]
7/2/90 74 CERTIFICATE OF SERVICE re Pltf's Suppl Memo in Response to
Defts' Mtns to dismiss and for more definite statement upon
cnsl (pp) [Entry date 07/03/90]
7/6/90 75 SUPPLEMENTAL MEMORANDUM by defendant LeSourd & Patten in
reply to supplemental memorandum of pltf Irwin [28-1] (md)
7/6/90 76 MOTION by defendant Lind defts to strike pltfs
supplemental memorandum dated 7/2/90 assigned to Judge
Carolyn R. Dimmick noted for 7/27/90 (md)
[Entry date 07/10/90]
7/6/90 77 MEMORANDUM by defendant Lind in support of motion to strike
pltfs supplemental memorandum dated 7/2/90 [76-1] (md)
[Entry date 07/10/90]
7/6/90 78 AFFIDAVIT of mailing regarding motion to strike pltfs
supplemental memorandum dated 7/2/90 [76-1] et al (md)
[Entry date 07/10/90]
7/9/90 79 AFFIDAVIT of mailing regarding motion to strike pltfs
supplemental memorandum dated 7/2/90 [76-1] et al (md)
[Entry date 07/10/90]
7/9/90 80 AFFIDAVIT of service regarding motion to strike pltfs
supplemental memorandum dated 7/2/90 [76-1] et al (md)
[Entry date 07/10/90]
7/11/90 81 LETTER from Floyd Newland re: Paxton's motion for partial
sj is con't to 8/10/90. Pltfs are to furnish their brief
and materials to us on 7/27/90, and we are to file our
responsive materials on 8/6/90 (md)
7/19/90 82 MOTION by plaintiff Diane Irwin for order for Substitution
of Parties pursuant to FRCP 25(a)(1) assigned to Judge
Carolyn R. Dimmick noted for 8/3/90 (pp)
[Entry date 07/23/90]
7/19/90 83 AFFIDAVIT of Stephen J. Kennedy IN SUPPORT of pltf's motion
for Substitution of Parties (pp) [Entry date 07/23/90]
7/19/90 -- LODGED PROPOSED ORDER FOR SUBSTITUTION OF PARTIES: (pp)
[Entry date 07/23/90]
7/19/90 84 ACCEPTANCE OF SERVICE by atty Jeffrey G. Frank for
Substituted party Brian Kimberly Shrader re: mtn for
Substitution of Parties (pp) [Entry date 07/23/90]
7/19/90 85 CERTIFICATE OF SERVICE re Pltfs Mtn for substitution of
Parties; Afdt of Stephen J. Kennedy in support; proposed
order & Acceptance of Service (pp) [Entry date 07/23/90]
7/19/90 87 CERTIFICATE OF SERVICE RE Pltf's Memo in Response to Lind
Defts' mtn to strike pltf's Suppl. Memo. (pp)
[Entry date 07/23/90]
7/20/90 86 MEMORANDUM IN RESPONSE by plaintiff Diane Irwin to Lind
Defts' motions to strike pltfs supplemental memorandum
[76-1] (pp) [Entry date 07/23/90]
7/25/90 88 NOTICE OF SUBSTITUTION OF ATTYORNEYS on behalf of deft KLC
Holdings Ltd, Deft FG Paxton Family Organization Trust, &
Deft International Development Trust ("IDT") w/ atty Mark
R Fortier substituting an atty Floyd Newland of Karr Tuttle
w/drawing (pp) [Entry date 07/26/90]
[Edit date 07/26/90]
7/25/90 89 AFFIDAVIT of SERVICE BY MAIL regarding Ntc of Substitution
of attorneys [88-1] (pp) [Entry date 07/26/90]
7/25/90 90 MEMORANDUM IN REPLY by LeSourd & Patten Defts TO Pltf's
MEMO IN RESPONSE to LIND DEFTS' motions to strike pltf's
supplemental memorandum [76-1] (pp) [Entry date 07/26/90]
7/26/90 91 REPLY MEMORANDUM by LIND DEFT IN SUPPORT of motion to
strike pltfs supplemental memorandum dated 7/2/90 [76-1] (pp)
[Entry date 07/27/90]
7/26/90 92 CERTIFICATE OF SERVICE re: Lind Defs' Reply Memo in support
of mtn to strike pltf's suppl. memorandum (pp)
[Entry date 07/27/90]
7/27/90 -- ENT- Status Conf. set Fri. 8/10/90/at 1:30 pm. cnsl.
advised by letter. (em)
8/6/90 93 ORDER by Judge Carolyn R. Dimmick, substitution of parties
from James B. Shrader to Brian Kimberly Shrader. (cc: all
counsel) (md) [Entry date 08/07/90]
8/10/90 96 MINUTE ENTRY: CRD ;Dep Clerk: Elva McGregor ;CR: Terri
Hendrix; status conference held on 8/10/90 and court sets
oral arg on motions to dismiss for 8/30/90 at l:30 p.m.
each side allowed l hr. for arg. motions and con't motions
for sj noted for 9/21/90 motion for partial summary
judgment re: validity the trust, amendments and
disproportionate distributions oral argument requested.
[55-1], noted for 9/21/90 motion for partial summary
judgment concerning the validity of the trust amendments
and disproportionate distributions; oral argument requested
[53-1], noted for 9/21/90 motion for partial summary
judgment re: validity of trusts, and amendments thereto,
disporportionate distributions. Oral argument requested
[51-1], noted for 9/21/90 motion for partial summary
judgment against plaintiff re: validity of the trust
amendments and disproportionate distributions oral argument
requested [49-1], responses due 9/10/90, reply due 9/21/90.
(md) [Entry date 08/15/90]
8/13/90 94 ATTORNEY APPEARANCE for defendant Brian Kimberly Shrader;
Jerret E. Sale-attorney (md)
8/13/90 95 AFFIDAVIT of service regarding attorney appearance for deft
Brian Kimberly Shrader [94-1] (md)
8/23/90 97 SUBSTITUTION OF COUNSEL on behalf of Peter M Lind,
Georgette D Lind, Lind Thom Mussehl, Phillip L Thom, Marian
Thom, Robert C Mussehl, Jane Doe Mussehl, Donald Navoni
John P. Evans term attorney Ruth Nielsen for Georgette D
Lind, attorney Ruth Nielsen for Peter M Lind, attorney Ruth
Nielsen for Lind Thom Mussehl, attorney Ruth Nielsen for
Donald Navoni, attorney Ruth Nielsen for Jane Doe Mussehl,
attorney Ruth Nielsen for Robert C Mussehl, attorney Ruth
Nielsen for Marian Thom, attorney Ruth Nielsen for Phillip
L Thom (md) [Entry date 08/27/90]
8/30/90 98 MINUTE ENTRY: CRD ;Dep Clerk: Elva McGregor ;CR: Terri
Hendrix; oral argument on all motions to dismiss under
12(b)(6) and 9(b). Court takes matter under advisement
order to be issued (md) [Entry date 08/31/90]
9/6/90 -- ENT- At the direction of the Court pltf's 2nd sup.
memorandum returned to cnsl with letter to all cnsl.
advising that Court will not accept add. brief(s) on these
matters. Oral arg. held & Court did not req. any add.
briefs. (em)
9/10/90 99 MEMORANDUM (consolidated) by plaintiff in opposition to
defts motions for partial summary judgment re: validity the
trust, amendments and disproportionate distributions oral
argument requested. [55-1], to motion for partial summary
judgment concerning the validity of the trust amendments
and disproportionate distributions; oral argument requested
[53-1], to motion partial summary judgment re: validity of
trusts, and amendments thereto, disporportionate
distributions. Oral argument requested [51-1], to motion
for partial summary judgment against plaintiff re: validity
of the trust amendments and disproportionate distributions
oral argument requested [49-1] (md) [Entry date 09/11/90]
9/10/90 100 AFFIDAVIT of Stephen J. Kennedy regarding memorandum [99-1]
(md) [Entry date 09/11/90]
9/10/90 101 CERTIFICATE of service re: pltfs consolidated memorandum in
opposition to defts motions for partial sj, et al (md)
[Entry date 09/11/90]
9/18/90 102 ORDER by Judge Carolyn R. Dimmick granting motion to
dismiss securities claims [30-1], granting motion to
dismiss plaintiff's complaint [26-1], granting motion to
dismiss state and federal claims and for more definite
statement [23-1] (cc: all counsel) (md)
9/21/90 103 REPLY by defendant Shrader Alegria et al to pltf Irwin's
consolidated memorandum in opposition to defts motions for
partial sj re [55-1] [53-1] [51-1] [49-1] (md)
[Entry date 09/24/90]
9/21/90 104 AFFIDAVIT of service regarding reply [103-1] (md)
[Entry date 09/24/90]
9/21/90 105 REPLY by defendant LeSourd & Patten PS to all pltfs
response memoranda to motions for partial sj re [55-1]
[53-1] [51-1] [49-1] (md) [Entry date 09/24/90]
9/21/90 106 REPLY by defendant Lind defts re motion for sj on Trust
Validity re [55-1][53-1] [51-1] [49-1] (md)
[Entry date 09/24/90]
10/1/90 107 MOTION by defendant LeSourd & Patten et al for
reconsideration of order of 9/17/90 noted for 10/19/90 (mb)
[Entry date 10/02/90]
10/1/90 108 MEMORANDUM in support of motion for reconsideration by
Misterek, Toone, and O'Bara [107-1] (mb)
[Entry date 10/02/90]
10/1/90 -- LODGED ORDER: granting Lesourd and Patten dfts.' motion for
reconsideration; dismissing pltf. Irwin's claims under
12(2) and RCW 21.20 (mb) [Entry date 10/02/90]
10/4/90 109 MOTION by defendant Shrader Alegria to dismiss for lack of
subject matter juristiction pursuant to Fed.R.Civ.P.
12(b)(1) noted for 10/26/90 (mb) [Entry date 10/05/90]
10/4/90 110 MEMORANDUM by defendant Shrader Alegria in support of
motion to dismiss for lack of subject matter juristiction
pursuant to Fed.R.Civ.P. 12(b)(1) [109-1] (mb)
[Entry date 10/05/90]
10/5/90 111 AFFIDAVIT of SERVICE of Shrader Alegria's motion to dismiss
et al on other cnsl. by mail on 10/4/90. (mb)
10/5/90 112 MINUTE ORDER: due to settlement between plaintiffs and
Paxton defendants, Court considers all of settling dfts.
pending motions moot and they are stricken.(#28,49,53) Dft.
Shrader Alegrias' motion to dismiss is renoted to 10/19/90.
(cc all counsel) (mb) [Entry date 10/12/90]
10/5/90 -- LODGED ORDER: dismissing all claims against dft. Shrader
Alegria [109-1] (mb) [Entry date 10/12/90]
10/5/90 113 AFFIDAVIT of SERVICE of dft. Shrader's proposed order
dismissing all claims against dft. Shrader Alegria on
10/5/90. (mb) [Entry date 10/12/90]
10/9/90 114 LETTER from Jerret E. Sale striking dft. Shrader Alegria's
motion to dismiss (mb) [Entry date 10/12/90]
10/9/90 115 RESPONSE by Lesourd and Patten defendans to Paxton
plaintiffs' motion for reconsideration of order of 9/17/90
[107-1] (mb) [Entry date 10/12/90]
10/9/90 116 MOTION by plaintiffs to stay consideration of certain
defendants' rule 12(b)(1) motions noted for 10/26/90 (mb)
[Entry date 10/12/90]
10/9/90 117 MEMORANDUM by plaintiffs in support of their motion to stay
consideration of certain defendants' rule 12(b)(1) motions
[116-1] (mb) [Entry date 10/12/90]
10/9/90 -- LODGED ORDER: granting plaintiffs' motion to stay
consideration of certain defendants' rule 12(b)(1) motions
(mb) [Entry date 10/12/90]
10/9/90 118 MOTION by plaintiffs to shorten time on their motion to
stay consideration of certain defendants' rule 12(b)(1)
motions [116-1] noted for 10/11/90 (mb)
[Entry date 10/12/90]
10/9/90 -- LODGED ORDER: granting plaintiffs motion to shorten time on
their motion to stay consideration of certain defendants'
rule 12(b)(1) motions [116-1] (mb) [Entry date 10/12/90]
10/10/90 119 CERTIFICATE of SERVICE of plaintiff's motion to stay,
motion to shorten time and related documents on 10/9/90 (mb)
[Entry date 10/12/90]
10/11/90 120 LESOURD & PATTEN DEFENDANTS' REPLY to the Paxton
plaintiffs' RESPONSE to motions to dismiss for lack of
subject matter juristiction (mb) [Entry date 10/15/90]
10/11/90 121 NOTICE OF HEARING: Court has set aside 1 1/2 hours for
argument on all pending motions re: VALIDITY OF THE TRUST,
argument is limited to this issue only. Scheduled for Tues.
10/16/90 at 1:30pm, Courtroom 936 (cc: all counsel
10/11/90) (mb) [Entry date 10/15/90]
10/12/90 122 DEFENDANTS Shrader and Shrader Alegria's RESPONSE to
plaintiffs' motion to stay consideration of certain
defendants' rule 12(b)(1) motions [116-1] (mb)
[Entry date 10/15/90]
10/12/90 123 AFFIDAVIT of SERVICE of dft. Shrader's response to pltf.'s
motion to stay certain motions by mail and hand delivery on
10/12/90. (mb) [Entry date 10/15/90]
10/12/90 124 ORDER by Judge Carolyn R. Dimmick STAYING (striking) dft.'s
motions to dismiss [109-1] and specifying deadlines re
plaintiffs request for Court to determine reasonableness of
settlement.(cc: all counsel) (mb) [Entry date 10/15/90]
10/15/90 125 MOTION by plaintiff for certain relief from order dated
Oct. 12, 1990 noted for 11/2/90 (mb) [Entry date 10/16/90]
10/15/90 -- LODGED ORDER: granting plaintiff's motion for certain
relief from order dated Oct. 12, 1990 (mb)
[Entry date 10/16/90]
10/15/90 126 MOTION by plaintiff to shorten time on their motion for
certain relief from order dated Oct. 12, 1990 [125-1]
noted for 10/16/90 (mb) [Entry date 10/16/90]
10/15/90 -- LODGED ORDER: granting plaintiff's motion to shorten time
on their motion for certain relief from order dated Oct.
12, 1990 [125-1] (mb) [Entry date 10/16/90]
10/15/90 127 CERTIFICATE of SERVICE by plaintiff of their motion for
certain relief and related documents by mail/fax/ hand
delivery on 10/15/90. (mb) [Entry date 10/16/90]
10/15/90 128 PLAINTIFF'S MEMORANDUM IN RESPONSE to certain LeSourd &
Patten defendants' motion for reconsideration of order of
9/17/90 [107-1] (mb) [Entry date 10/16/90]
10/15/90 129 CERTIFICATE of SERVICE by plaintiff of their Memorandum in
response to LeSourd's motion for reconsideration by
mail/fax/hand delivery on 10/15/90. (mb)
[Entry date 10/16/90]
10/16/90 130 CERTIFICATE of SERVICE by plaintiff of their motion for
certain relief from 10/12/90 order and related documents on
10/16/90. (mb) [Entry date 10/17/90]
10/16/90 131 CERTIFICATE of SERVICE by plaintiff of their memorandum in
response to L&P dft.'s motion for reconsideration on
10/16/90. (mb) [Entry date 10/17/90]
10/16/90 132 MINUTE ORDER: in view of pltf.'s expressed intent to file a
motion to amend their complaint following a determination
of reasonableness, defendants arre excused from answering
the complaint until Court has taken action on the motion to
amend. (cc: all counsel) (mb) [Entry date 10/19/90]
10/16/90 133 ORDER by Judge Carolyn R. Dimmick GRANTING pltf.'s motion
for certain relief from order dated Oct. 12, 1990; FURTHER
ORDERED that the briefing schedule set forth in Oct 12,
1990 order is amended re determination of reasonableness
to: initial filing date of 10/31/90; response 11/12/90;
reply 11/15/90; consideration date 11/16/90. [125-1] (cc:
all counsel) (mb) [Entry date 10/19/90]
10/16/90 134 MINUTES:Dep Clerk: E. McGregor;CR: Teri Hendrix ORAL
ARGUMENT pending motions re VALIDITY OF THE TRUST; cnsl.
present, court hears argument, order will issue. (mb)
[Entry date 10/19/90]
10/18/90 -- LODGED: settlement agreement, UNDER SEAL per pending motion
on protective order (mb) [Entry date 10/19/90]
10/19/90 135 REPLY MEMORANDUM IN SUPPORT of motion for reconsideration
by Misterek, Toone and O'Bara [107-1] (mb)
[Entry date 10/23/90]
10/29/90 136 SUPPLEMENTAL MEMORANDUM in support of motion for
reconsideration on Wade et al V Skippers. (NS)
10/31/90 137 MOTION by defendant Jerre H Paxton for order determining
that settlement was fair and reasonable and barring claims
noted for 11/16/90 (mb) [Entry date 11/06/90]
10/31/90 138 JERRE PAXTON'S BRIEF IN SUPPORT of motion for order
determining that settlement was fair and reasonable and
barring claims [137-1] (mb) [Entry date 11/06/90]
10/31/90 139 DECLARATION of FLOYD L. NEWLAND re Jerre Paxton's motion
for order determining that settlement was fair and
reasonable and barring claims [137-1] (mb)
[Entry date 11/06/90]
10/31/90 -- LODGED ORDER: granting Jerre Paxton's motion for order
determining that settlement was fair and reasonable and
barring claims (mb) [Entry date 11/06/90]
10/31/90 140 AFFIDAVIT of MAILING/HAND DELIVERY of Jerre Paxton's motion
for order re settlement and related documents on 10/31/90
(mb) [Entry date 11/06/90]
10/31/90 141 MOTION by plaintiff Diane Irwin for determination of
reasonableness re settlement agreement noted for 11/16/90
(mb) [Entry date 11/06/90]
10/31/90 142 MEMORANDUM by plaintiff Diane Irwin IN SUPPORT of motion
for determination of reasonableness re settlement agreement
[141-1] (mb) [Entry date 11/06/90]
10/31/90 143 DECLARATION of JOHN W. STENKAMP in support of Irwin's
motion for determination of reasonableness re settlement
agreement [141-1] (mb) [Entry date 11/06/90]
10/31/90 144 DECLARATION of ROBERT C. WEAVER, JR. in support of pltf.
Irwin's motion for determination of reasonableness re
settlement agreement [141-1] (mb) [Entry date 11/06/90]
10/31/90 145 CERTIFICATE of SERVICE by plaintiff Diane Irwin of motion
for determination of reasonableness and related documents
on 10/31/90. (mb) [Entry date 11/06/90]
10/31/90 146 JOINDER by the TRUSTEE DEFENDANTS in dft. Jerre Paxton's
motion for order determining that settling defendants are
immune from claims by non-settling defendants. [137-1] (mb)
[Entry date 11/06/90]
10/31/90 147 AFFIDAVIT of SERVICE by MAIL of Trustee defendants joinder
on 10/31/90. (mb) [Entry date 11/06/90]
11/1/90 148 ORDER by Judge Carolyn R. Dimmick GRANTING defendants'
motion for partial summary judgment [55-1] [51-1] see order
for details (cc: all counsel) (mb) [Entry date 11/06/90]
11/1/90 149 ORDER by Judge Carolyn R. Dimmick SEALING Settlement
agreement, to be unsealed only on order of the court (cc:
all counsel) (mb) [Entry date 11/06/90]
11/1/90 150 Document Sealed (pursuant to Court Order)SETTLEMENT
AGREEMENT see order [149-1] (mb) [Entry date 11/06/90]
11/9/90 151 PLAINTIFF'S SUPPLEMENTAL MEMORADUM IN RESPONSE to L&S
dft.'s motion for reconsideration of order of 9/17/90
[107-1] (mb) [Entry date 11/13/90]
11/9/90 152 CERTIFICATE of SERVICE by plaintiff of their supplemental
memorandum in response to motion for recon. on 11/9/90. (mb)
[Entry date 11/13/90]
11/13/90 153 AGREED MOTION by L&S defendants and Shrader Alegria
defendants for continuance to file on reasonableness
determination (mb) [Entry date 11/14/90]
11/13/90 -- LODGED ORDER: granting dft. motion for continuance to file
on reasonableness determination; resetting dates for
submission of briefing (mb) [Entry date 11/14/90]
11/14/90 155 ORDER by Judge Carolyn R. Dimmick: GRANTING motion for
continuance to file; briefing for all nonsettling
defendants on the reasonableness determination shall be
submitted by 11/19/90; responsive briefing by the
plaintiffs or the settling defendants by 11/26/90; matter
is re-noted for 11/30/90. [153-1] [141-1] [137-1] (cc: all
counsel) (mb)
11/14/90 157 DECLARATION of MAILING by Riddell WIlliams of Agreed Motion
for continuance re reasonableness and related docs on
11/13/90. (mb) [Entry date 11/16/90]
11/15/90 156 STIPULATION and ORDER by Judge Carolyn R. Dimmick: pltfs.
along with dfts. Jerre, Ted and Sharon Paxton are to
receive nothing of value in the future from PFO or IDT;
Atty. General of the State of WA is DISMISSED from cause,
w/o prejudice and w/o costs.(atty. Gen. was party in
related case C89-1385 only) This order also contains
specifics re use of assets/promissary notes of PFO and IDT
(cc: all counsel) (mb)
11/15/90 158 MOTION by Lind defendants for summary judgment re
dismissal of dfts. Thom, Mussehl and Navoni noted for
12/7/90 (mb) [Entry date 11/16/90]
11/15/90 159 DECLARATION of ROBERT MUSSEHL re Lind dfts. motion for
summary judgment re dismissal of dfts. Thom, Mussehl and
Navoni [158-1] (mb) [Entry date 11/16/90]
11/15/90 160 DECLARATION of DONALD NAVONI re Lind dfts. motion for
summary judgment re dismissal of dfts. Thom, Mussehl and
Navoni [158-1] (mb) [Entry date 11/16/90]
11/15/90 161 DECLARATION of PHILIP THOM re Lind dfts. motion for summary
judgment re dismissal of dfts. Thom, Mussehl and Navoni
[158-1] (mb) [Entry date 11/16/90]
11/16/90 162 DEFENDANTS SHRADER and SHRADER ALEGRIA'S RESPONSE to motions
re reasonableness of settlement[141-1] [137-1] (mb)
[Entry date 11/20/90] [Edit date 11/20/90]
11/16/90 163 AFFIDAVIT of SERVICE of dft. Shrader's response re
reasonableness of settlement on 11/19/90 (mb)
[Entry date 11/20/90]
11/16/90 164 LEON C. MISTEREK, WILLIAM D. TOONE and MARIANNE SCHWARTZ
O'BARA'S SUPPLEMENTAL MEMORANDUM IN RESPONSE to Diane
Irwin's supplemental memorandum regarding motion for
reconsideration. (mb) [Entry date 11/20/90]
11/19/90 165 DECLARATION of MAILING of response [164-1] on 11/16/90 (mb)
[Entry date 11/20/90]
11/21/90 166 LIND DEFENDANTS' RESPONSE to motion for order finding
reasonableness of settlement [141-1] [137-1] (mb)
[Entry date 11/26/90]
11/21/90 167 LESOURD & PATTEN'S RESPONSE to motion regarding
reasonableness, fairness and barring claims [141-1] [137-1]
(mb) [Entry date 11/26/90]
11/26/90 168 JERRE PAXTON'S RESPONSE re: motion for order determining
that settlement was fair [141-1] and reasonable and barring
claims [137-1] (mb) [Entry date 11/28/90]
11/26/90 169 PLAINTIFF'S SECOND SUPPLEMENTAL MEMORANDUM in response to
certain Lesourd and Patten defendants' motion for
reconsideration [107-1] (mb) [Entry date 11/28/90]
11/26/90 170 CERTIFICATE of SERVICE of plaintiff's second supplemental
memorandum re m. for recon. on 11/26/90. (mb)
[Entry date 11/28/90]
11/28/90 171 REPLY by plaintiff Diane Irwin re: Jerre Paxton's motion
for order determining that settlement was fair and
reasonable and barring claims [141-1] [137-1] (mb)
[Entry date 11/29/90]
11/28/90 172 CERTIFICATE of SERVICE of Diane Irwin's reply re motion for
order determining that settlement was reasonable on
11/28/90. (mb) [Entry date 11/29/90]
12/4/90 173 ORDER by Judge Carolyn R. Dimmick determining that
settlement was fair and reasonable and barring claims
[137-1] (cc: all counsel) (mb) [Entry date 12/05/90]
12/7/90 174 ORDER by Judge Carolyn R. Dimmick DISMISSING plaintiffs'
claims against dfts. Thom, Mussehl, Navoni and dft. Law
firm Lind, Thom, Mussehl & Navoni [158-1] (see order for
specific list of dismissed claims, with and without
prejudice) (cc: all counsel) (mb)
12/11/90 175 MOTION by plaintiff Diane Irwin for order for release of
stock certificates from the court's registry noted for
12/28/90 (md) [Entry date 12/12/90]
12/11/90 176 MOTION by plaintiff to shorten time [176-1] on motion for
order for release of stock certificates from the court's
registry [175-1] noted for 12/13/90 (md)
[Entry date 12/12/90]
12/13/90 177 ORDER by Judge Carolyn R. Dimmick GRANTING motion to
shorten time [176-1] to hear pltf.'s motion for release of
stock certificates from the court's registry; [175-1]
[176-1] pltf.'s motion shall be heard 12/14/90. (cc: all
counsel) (mb)
12/14/90 178 PLAINTIFFS' MOTION for extension of time to file their
amended complaints noted for 1/4/91 (mb)
[Entry date 12/18/90]
12/14/90 179 DECLARATION of JOSEPH TRETHEWEY in support of plaintiffs'
motion for extension of time to file their amended
complaints [178-1] (mb) [Entry date 12/18/90]
12/14/90 -- LODGED ORDER: granting plaintiffs motion for extension of
time to file their amended complaints (mb)
[Entry date 12/18/90]
12/14/90 180 PLAINTIFFS' MOTION to shorten time on their motion for
extension of time to file their amended complaints [178-1]
noted for 12/17/90 (motion incorrectly noted for 12/14/90)
(mb) [Entry date 12/18/90]
12/14/90 -- LODGED ORDER: granting plaintiffs' motion to shorten time
on their motion for extension of time to file their amended
complaints [178-1] (mb) [Entry date 12/18/90]
12/17/90 181 DEFENDANT LIND'S RESPONSE to plaintiffs' motion to amend
[178-1] (mb) [Entry date 12/18/90]
12/17/90 182 ORDER by Judge Carolyn R. Dimmick GRANTING motion for
order for release of stock certificates from the court's
registry, Clerk is directed to release stocks referenced in
Order to plaintiffs' cnsl. of record [175-1] (cc: all
counsel, financial deputy) (mb) [Entry date 12/18/90]
12/17/90 183 ORDER by Judge Carolyn R. Dimmick DENYING dft.'s motion
for reconsideration of order of 9/17/90 [107-1] (cc: all
counsel) (mb) [Entry date 12/18/90]
12/18/90 184 ORDER by Judge Carolyn R. Dimmick GRANTING plaintiffs'
motion to shorten time on their motion for extension of
time to file their amended complaints; motion for extension
of time shall be heard on 12/17/90. [178-1] [180-1] (cc:
all counsel) (mb) [Entry date 01/03/91]
12/18/90 185 ORDER by Judge Carolyn R. Dimmick GRANTING plaintiffs'
motion for extension of time to file their amended
complaints; defendants' motion to dismiss pendent parties
shall be considered on the same date as plaintiffs'
Motion(s) to amend [178-1] (cc: all counsel 12/18/90) (mb)
[Entry date 01/03/91]
12/27/90 -- LODGED: First amended complaint (mb) [Entry date 01/03/91]
12/27/90 186 CERTIFICATE of SERVICE of proposed first amended complaint
on 12/27/90 (mb) [Entry date 01/03/91]
1/7/91 187 LESOURD & PATTEN DEFENDANTS BRIEF IN RESPONSE to Paxton
plaintiffs' motion to file second amended complaint and IN
SUPPORT of certain defendants' motion to dismiss for lack
of subject matter juristiction (mb) [Entry date 01/09/91]
1/10/91 188 MOTION by Lesourd and Patten defendants' for summary
judgment regarding damages to dismiss all claims, oral
argument requested noted for 2/1/91 (mb)
[Entry date 01/11/91]
1/10/91 189 MEMORANDUM IN SUPPORT of L&P defendants' motion for summary
judgment regarding damages [188-1] (mb)
[Entry date 01/11/91]
1/10/91 190 DECLARATION of JOHN D. LOWERY re motion for summary
judgment [188-1] (mb) [Entry date 01/11/91]
1/10/91 -- LODGED ORDER: granting L&P defendants' motion for summary
judgment regarding damages; dismissing all claims;
dismissing C89-1385D and C90-457D (mb) [Entry date 01/11/91]
1/10/91 191 LESOURD & PATTEN DEFENDANTS' SECOND MOTION to compel
production of documents by plaintiffs, oral argument req.
(mb) [Entry date 01/11/91]
1/10/91 192 MEMORANDUM IN SUPPORT of the L&P defendants' second motion
to compel production of documents by plaintiffs [191-1] (mb)
[Entry date 01/11/91]
1/10/91 193 DECLARATION of JOHN D. LOWERY re motion to compel
production of documents [191-1] (mb) [Entry date 01/11/91]
1/10/91 -- LODGED ORDER: granting L&P defendants' second motion to
compel production of documents by plaintiffs (mb)
[Entry date 01/11/91]
1/11/91 194 LESOURD & PATTEN DEFENDANTS' RESPONSE to plaintiffs' reply
re plaintiffs' motion for leave to amend complaint (mb)
[Entry date 01/14/91]
1/13/91 154 DECLARATION of JAMES E. ROGERS in support of dft. motion for
continuance to submit briefing [153-1] (mb)
[Entry date 11/14/90] [Edit date 02/05/03]
1/15/91 195 DEFENDANT LIND'S RESPONSE to plaintiffs' reply re:
plaintiffs' motion for leave to amend (mb)
[Entry date 01/18/91]
1/15/91 196 DEFENDANTS SHRADER and SHRADER, ALEGRIA'S JOINDER in dft.
Lesourd & Patten's motion for summary judgment regarding
damages to dismiss all claims [188-1] (mb)
[Entry date 01/18/91]
1/15/91 -- LODGED ORDER: granting defendants Shrader & Shrader,
Alegria's motion for sj re damages to dismiss all claims (mb)
[Entry date 01/18/91]
1/15/91 197 AFFIDAVIT of SERVICE of Shrader's joinder in dft. L&P's m.
for sj and related documents on 1/15/91 (mb)
[Entry date 01/18/91]
1/17/91 198 ANSWER of DEFENDANT LIND (mb) [Entry date 01/18/91]
1/18/91 199 STIPULATION and ORDER by Judge Carolyn R. Dimmick : that
the claims of all plaintiffs against David A. Lawer, Roger
Cremo and John R. Beard may be dismisssed without prejudice
and without award of costs to either party terminating
defendant Roger Cremo, defendant David A defendant John
Beard (cc: all counsel) (mb) [Entry date 01/22/91]
1/24/91 200 NOTICE of JOINDER by defendant Peter M Lind in summary
judgment motion re: damages [188-1] (mb)
1/24/91 201 MINUTE ORDER: Court sets briefing schedule on L&P dfts.'
motion for SJ - noted for 2/15/91, responsive briefs (not
to exceed 37 pages) filed and delivered by 5:00pm 2/7/91.
Court will defer action on other presently pending motions
until it has ruled on the SJ motion [188-1] (cc: all
counsel 1/24/91) (mb) [Entry date 01/30/91]
1/28/91 202 PLAINTIFF'S MEMORANDUM IN OPPOSIITON to dfts.' second
motion to compel production of documents [191-1] (mb)
[Entry date 01/30/91]
1/28/91 203 DECLARATION of KENNETH L. SCHUBERT, JR. [202-1] (mb)
[Entry date 01/30/91]
1/28/91 204 CERTIFICATE of SERVICE of plaintiff's mem. in opp. to
dfts.' second motion to compel and decl. of Kenneth
Schubert on 1/28/91 (mb) [Entry date 01/30/91]
1/31/91 205 DEFENDANT PETER LIND'S MOTION for summary judgment re:
statute of limitations, oral arg. req. noted for 2/22/91 (mb)
[Entry date 02/04/91]
1/31/91 206 AFFIDAVIT of CATHERINE M. TROY [205-1] (mb)
[Entry date 02/04/91]
1/31/91 207 DEFENDANT LIND'S MEMORANDUM IN SUPPORT of motion for
summary judgment re: statute of limitations [205-1] with
attachments. (mb) [Entry date 02/04/91]
1/31/91 208 LESOURD & PATTEN DEFENDANTS' REPLY to plaintiffs' responses
to second motion to compel [191-1] (mb)
[Entry date 02/04/91]
1/31/91 209 DECLARATION of JOHN D. LOWERY [208-1] (mb)
[Entry date 02/04/91]
1/31/91 210 LESOURD & PATTEN DEFENDANTS' MOTION for partial summary
judgment against Irwin re statute of limitiations, oral
arg. req. noted for 2/22/91 (mb) [Entry date 02/04/91]
2/5/91 211 DEFENDANTS SHRADER & SHRADER ALEGRIA'S MOTION for summary
judgment re statute of limitations - joinder in Lind's
motion #205 noted for 2/22/91 (not noted, cnsl. called,
will send letter) (mb) [Entry date 02/12/91]
[Edit date 02/12/91]
2/5/91 -- LODGED ORDER: granting Shrader motion for summary judgment
re statute of limitations and dismissing certain claims (mb)
[Entry date 02/12/91]
2/5/91 212 AFFIDAVIT OF SERVICE of Shrader motion for summary
judgment and proposed order - served on 2/5/91 (mb)
[Entry date 02/12/91]
2/11/91 213 PLAINTIFF'S MEMORANDUM IN OPPOSITION to L&P defendants'
motion for summary judgment, oral arg. req. [188-1] (mb)
[Entry date 02/12/91]
2/11/91 214 DECLARATION of JOHN L. MERICLE [213-1] (mb)
[Entry date 02/12/91]
2/15/91 215 MINUTE ORDER: Summary Judgment motion re damages is noted
for Feb. 22, 1991, reply briefs to be filed 2/20/91;
Summary Judgment motions re statute of limitations are
noted for 3/22/91; response briefs due 3/4/91; reply briefs
due 3/21/91. (cc: all counsel 2/15/91) (mb)
[Entry date 02/20/91]
2/20/91 216 REPLY IN SUPPORT of L&S dfts.' motion for SJ re damages and
MOTION to strike the declaration of Mr. Kays [188-1] (mb)
[Entry date 02/22/91]
2/28/91 217 MOTION by defendant Donald D Fleming for summary judgment
noted for 3/22/91 (mb) [Entry date 03/01/91]
2/28/91 218 MEMORANDUM by defendant Donald D Fleming IN SUPPORT of
motion for summary judgment [217-1] (mb)
[Entry date 03/01/91]
2/28/91 -- LODGED ORDER: granting dft. Don Fleming's motion for
summary judgment and dismissing all claims (mb)
[Entry date 03/01/91]
3/4/91 219 ORDER by Judge Carolyn R. Dimmick DENYING second motion
of LeSourd & Patten to compel [191-1] (cc: all counsel) (mb)
[Entry date 03/06/91]
3/4/91 220 MEMORANDUM by plaintiff in opposition to defendants' motion
for summary judgment re: statute of limitations. (ca)
[Entry date 03/11/91]
3/4/91 221 CERTIFICATE of SERVICE of pltf's memorandum in opposition
to defts' motion for summary judgment re: statute of
limitations. (ca) [Entry date 03/11/91]
3/5/91 222 NOTICE of oral argument on LeSourd & Patten's motion for
summary judgment on issue of damages scheduled for 3/14/91
at 10:30 a.m. (ca) [Entry date 03/11/91]
3/5/91 223 MINUTE ORDER: Deft Lind's request to stay action on his
pending motion for summary judgment and his joinder in
pending motions are noted. The Court will take not action
affecting deft Lind. The Court will, however, not stay
action on pending motions as they affect other defendants.
(ca) [Entry date 03/11/91]
3/7/91 224 LETTER from John L. Mericle re: changing date of oral
argument on LeSourd & Patten's motion for summary judgment
from 3/14/91 to 3/22/91 at 10:30 a.m. (ca)
[Entry date 03/11/91]
3/12/91 225 MOTION by defendants LeSourd & Patten for reconsideration
of the Court's order of March 4, l991 noted for 3/29/91 (md)
[Entry date 03/14/91]
3/12/91 226 MEMORANDUM by defendants LeSourd & Patten in support of
motion for reconsideration of the Court's order of March 4,
l991 [225-1] (md) [Entry date 03/14/91]
3/21/91 227 REPLY by defendant LeSourd & Patten re motion for partial
sj re statute of limitations [211-1] (md)
3/21/91 228 DECLARATION of John D. Lowery [227-1] (attached exhibits in
separate folder) (md)
3/21/91 229 REPLY of defendants James E Shrader and Shrader Alegria
Engleman & Depew, P.S. TO PLTF'S RESPONSE to deft's motion
for summary judgment re statute of limitations (ca)
[Entry date 03/25/91]
3/21/91 230 AFFIDAVIT of Robert J. Roche re: reply by defts J. Shrader
and Shrader Algeria Engleman & Depew, P.S. in support of
motion for partial summary judgment [229-1] (ca)
[Entry date 03/25/91]
3/21/91 -- LODGED ORDER: re: deft Shrader's motion for summary
judgment re statute of limitations (ca)
[Entry date 03/25/91]
3/21/91 231 AFFIDAVIT of SERVICE of deft Shrader's reply brief to
pltfs' repsonse to defts' motion for partial summary
judgment re: statute of limitations, etc. (ca)
[Entry date 03/25/91]
3/22/91 232 STIPULATION and ORDER of DISMISSAL by Judge Carolyn R.
Dimmick: all federal claims by pltf against defts Richard
P Matthews, Bruce G Hanson, Thomas O McLaughlin, Dwayne E
Copple, and Donald D Fleming and their spouses are
dismissedw/prejudice and w/o costs to either party. All
state claims against these defts are dismissed w/o
prejudice and w/o award of costs to either party (cc: all
counsel, CRD) (ca) [Entry date 03/25/91]
3/22/91 -- ENT- Oral arg. defts. mot. for sum. jdmt. had. Court takes
under submission, order to issue. (em) [Entry date 03/29/91]
3/25/91 233 MEMORANDUM by plaintiff in opposition to deft's motion for
reconsideration of the Court's order of March 4, l991
[225-1] (ca) [Entry date 03/27/91]
3/25/91 234 DECLARATION of John L. Mericle re pltf's memorandum in
opposition to deft's motion for reconsideration [233-1] (ca)
[Entry date 03/27/91]
3/25/91 235 CERTIFICATE of SERVICE of pltf's memo in opposition to
motion for reconsideration and declaration of John Mericle.
(ca) [Entry date 03/27/91]
3/28/91 236 REPLY by LeSourd & Patten defendants TO PLAINTIFF'S
RESPONSE to motion for reconsideration of the Court's order
of March 4, l991 [225-1] (ca) [Entry date 03/29/91]
3/28/91 237 DECLARATION of Lucy J. Helm re Lesourd & Patten deft's
motion reply [236-1] (ca) [Entry date 03/29/91]
4/3/91 238 NOTICE by LeSourd & Patten defendants of taking depo of
Janet George on 4/16/91 at 9:00 a.m. Subpoena issued.
(copy - original filed in C89-1385D) (ca)
[Entry date 04/04/91]
4/4/91 239 MOTION by plaintiff for partial summary judgment, oral
arg. requested noted for 4/26/91 (ca) [Entry date 04/05/91]
4/4/91 240 MEMORANDUM by plaintiff in support of motion for partial
summary judgment [239-1] (ca) [Entry date 04/05/91]
4/4/91 241 DECLARATION of John L. Mericle re motion for partial
summary judgment [239-1] (ca) [Entry date 04/05/91]
4/4/91 242 CERTIFICATE of SERVICE of pltf's mtn for partial summary
judgment, memo in support, and declaration of John Mericle.
(ca) [Entry date 04/05/91]
4/5/91 243 STIPULATION and ORDER of DISMISSAL by Judge Carolyn R.
Dimmick : of Trustee Defts w/o prejudice and w/o costs.
The following defts are terminated: Jerre H Paxton, Lorne
House, Jane Doe House, the Estate of James E Shrader,
Francis Shrader, Ted Paxton, Sharon Paxton, Dale Leach,
Jane Doe Leach, Kwik-Loc Holdings, Ltd., the Paxton Family
Organizational Trust, and the International Development
Trust (cc: all counsel) (ca) [Entry date 04/08/91]
4/12/91 244 ORDER by Judge Carolyn R. Dimmick granting defts' motion
for summary judgment to the extent that pltfs' claims
brought pursuant to federal and state securities law are
DISMISSED. Pltfs' remaining pendent state claims are
DISMISSED W/O PREJUDICE. Thus all calims in C89-1385D and
C90-457D are DISMISSED. (cc: all counsel) (ca)
[Entry date 04/15/91]
4/12/91 245 JUDGMENT: entered by Clerk. Defts' motion for summary
judgment is GRANTED to the extent that pltfs' claims
brought pursuant to federal and state securities law are
DISMISSED. Pltfs' remaining pendent state claims are
DISMISSED W/O PREJUDICE. Thus all claims in C89-1385D and
C90-457D are DISMISSED. (cc: all counsel) (ca)
[Entry date 04/15/91]
4/23/91 246 MOTION by plaintiff for reconsideration, ORAL ARGUMENT
REQUESTED noted for 5/10/91 (ca) [Entry date 04/24/91]
4/23/91 247 MEMORANDUM by plaintiff in support of motion for
reconsideration [246-1] (ca) [Entry date 04/24/91]
4/23/91 -- PROPOSED ORDER: granting motion for reconsideration (ca)
[Entry date 04/24/91]
4/23/91 248 CERTIFICATE of SERVICE by plaintiff of motion for
reconsideration, memo in support and proposed order. (ca)
[Entry date 04/24/91]
4/25/91 249 MOTION by defendant LeSourd & Patten for reconsideration
of the Court's April 12, l991 order, Oral Argument
Requested noted for 5/10/91 (md) [Entry date 04/26/91]
4/25/91 250 MEMORANDUM by defendant LeSourd & Patten in support of
motion for reconsideration of the Court's April 12, l991
order, Oral Argument Requested [249-1] (md)
[Entry date 04/26/91]
4/25/91 251 JOINDER by defendant Shrader Alegria etal re motion for
reconsideration of the Court's April 12, l991 order, Oral
Argument Requested [249-1] noted for 5/10/91 (md)
[Entry date 04/26/91]
4/25/91 252 AFFIDAVIT of service regarding joinder to motion for
reconsideration [251-1] (md) [Entry date 04/26/91]
5/6/91 253 RESPONSE by defendants Shrader and Shrader Alegria to
plaintiffs' motions for reconsideration [246-1] (ca)
[Entry date 05/07/91]
5/6/91 254 AFFIDAVIT OF SERVICE by defendants Shrader and Shrader
Alegria of response to pltfs' motions for reconsideration.
(ca) [Entry date 05/07/91]
5/6/91 255 PLTFS' MEMORANDUM in REPLY to defts' motion for
reconsideration of the court's April 12, 1991 order [249-1]
(ca) [Entry date 05/07/91]
5/6/91 256 CERTIFICATE of SERVICE by plaintiff of memo in reply to
defts' motion for reconsideration of the Court's April 12,
1991 order. (ca) [Entry date 05/07/91]
5/6/91 257 RESPONSE by LeSourd & Patten defendants to plaintiffs'
motions for reconsideration [246-1] (ca)
[Entry date 05/07/91]
5/6/91 258 DECLARATION of John D. Lowery re Lesourd & Patten defts'
response to pltfs' motions for reconsideration [257-1] (ca)
[Entry date 05/07/91]
5/9/91 259 PLTF'S RESPONSE to LeSourd & Patten defts' objection to
motion for reconsideration. (ca) [Entry date 05/10/91]
5/9/91 260 REPLY by Shrader defendants in support of motion for
reconsideration of the Court's April 12, l991 order, Oral
Argument Requested [249-1] (ca) [Entry date 05/10/91]
5/9/91 261 AFFIDAVIT OF SERVICE by Shrader defendants of reply in
support of motion for reconsideration. (ca)
[Entry date 05/10/91]
5/9/91 262 (REPLY) Answer by LeSourd & Patten defts' to pltf memo in
reply to defts' motion for reconsideration of the Court's
April 12, l991 order (ca) [Entry date 05/10/91]
5/9/91 263 MEMORANDUM IN REPLY by plaintiff Diane Irwin TO DEFT'S
RESPONSES to pltf's motion for reconsideration [246-1] (ca)
[Entry date 05/10/91]
5/9/91 264 CERTIFICATE of SERVICE by plaintiff of memo in reply to
defts' responses to pltf's motion for reconsideration. (ca)
[Entry date 05/10/91]
5/14/91 265 SUPPLEMENTAL MEMORANDUM in support of LeSourd & Patten
defendants' motion for reconsideration of the Court's April
12, l991 order [249-1] (ca) [Entry date 05/17/91]
5/16/91 266 MOTION by plaintiff for determination of reasonableness of
settlement of John S. Moore, his spouse, and Velikanje,
Moore & Shore, Inc., P.S., a Washington Professional
Services Corporation, as reasonable pursuant to RCW 4.22,
et seq. and meets fairness requirements of federal or state
law applicable to bar any claims of other defendants noted
for 5/31/91 (ca) [Entry date 05/17/91]
5/16/91 267 MOTION by plaintiff for determination of reasonableness of
settlement of Peter Lind, W.C. Ruthford, their spouses and
communities, as reasonable pursuant to RCW 4.22, et seq.
and meets fairness requirements of federal or state law
applicable to bar any claims of other defendants noted for
5/31/91 (ca) [Entry date 05/17/91]
5/16/91 268 CONSOLIDATED MEMORANDUM by plaintiffs in support of motion
for determination of reasonableness of the settlements of
Peter Lind, W.C. Ruthford, their spouses and communities,
and John S. Moore, his spouse, and Velikanje, Moore &
Shore, Inc., P.S., [266-1] (ca) [Entry date 05/17/91]
5/16/91 269 DECLARATION NO. 2 of Joseph H. Trethewey in support of
reasonableness of settlements (ca) [Entry date 05/17/91]
5/16/91 -- LODGED ORDER: re: motion for determination of
reasonableness of settlement of John S. Moore, his spouse,
and Velikanje, Moore & Shore, Inc., P.S., a Washington
Professional Services Corporation, as reasonable pursuant
to RCW 4.22, et seq. and meets fairness requirements of
federal or state law applicable to bar any claims of other
defendants (ca) [Entry date 05/17/91]
5/16/91 -- LODGED ORDER: re: motion for determination of
reasonableness of settlement of Peter Lind, W.C. Ruthford,
their spouses and communities, as reasonable pursuant to
RCW 4.22, et seq. and meets fairness requirements of
federal or state law applicable to bar any claims of other
defendants (ca) [Entry date 05/17/91]
5/20/91 270 MOTION (REQUEST) by defendant Shrader Alegria for order
for clarification re pltfs' reasonableness mtn not noted;
placed on calendar for 6/7/91; called cnsl, letter to
follow (cnsl also to file a shorten time mtn) (pp)
[Entry date 05/21/91]
5/20/91 271 AFFIDAVIT of SERVICE regarding Shrader Alegria's motion for
order for clarification re pltfs' reasonableness mtn
[270-1] (pp) [Entry date 05/21/91]
5/20/91 -- LODGED PROPOSED ORDER: re: motion for order for
clarification re pltfs' reasonableness mtn (pp)
[Entry date 05/21/91]
5/21/91 272 MEMORANDUM IN REPLY by plaintiff Diane Irwin to LeSourd &
Petten Defts' "Suppl." Memorandum re [265-1] re motion for
reconsideration [249-1] (pp) [Entry date 05/22/91]
5/21/91 273 CERTIFICATE of SERVICE re Pltf's Memo in Reply to LeSourd
& Patten Defts' Suppl. Memo re their mtn for
reconsideration (pp) [Entry date 05/22/91]
5/21/91 274 LETTER from defendant Shrader Alegria Confirming that
Request for clarification re pltfs' Reasonableness mtn
should be noted for 6/7/91 & advising that mtn to shorten
time to be filed (pp) [Entry date 05/22/91]
5/21/91 275 MOTION by defendant Shrader Alegria to shorten time on
motion for order for clarification re pltfs' reasonableness
mtn [270-1] noted for 5/24/91 & DECLARATION of Jerret
S. Sale (pp) [Entry date 05/22/91]
5/21/91 -- LODGED PROPOSED ORDER: re: motion to shorten time on motion
for order for clarification re pltfs' reasonableness mtn
[270-1] (pp) [Entry date 05/22/91]
5/21/91 276 CERTIFICATE of SERVICE re Shrader Alegria's Mtn & Decl.
to Shorten Time & Proposed Order (pp) [Entry date 05/22/91]
5/22/91 277 MINUTE ORDER (CRD): Court DECLINES to consider pltfs' mtn
for determination of reasonableness until after the pending
mtns for reconsideration have been ruled upon. If the Court
retains jurisdiction, then pltfs may renote their mtns for
a determination of reasonableness. [266-1], [267-1] (cc:
all counsel) (pp) [Entry date 05/24/91]
5/28/91 278 MEMORANDUM by LInd defendants' in support of pltfs' motion
for reasonableness determination. (ca) [Entry date 05/29/91]
5/28/91 279 AFFIDAVIT of Peter Lind regarding memorandum in support of
pltfs' motion for reasonableness determination [278-1] (ca)
[Entry date 05/29/91]
5/31/91 280 SECOND SUPPLEMENTAL MEMORANDUM by defendant LeSourd &
Patten in support of motion for reconsideration of the
Court's April 12, l991 order [249-1] (ca)
[Entry date 06/04/91]
6/5/91 281 NOTICE of temporary absence by plaintiffs' counsel by
Joseph H. Trethewey. (ca)
6/7/91 282 PETITION by Jere Irwin to intervene for purposes of filing
motion to disclose noted for 6/28/91 (ca)
[Entry date 06/10/91]
6/7/91 283 MOTION by intervenor Jere Irwin to obtain settlement
information noted for 6/28/91 (ca) [Entry date 06/10/91]
[Edit date 06/10/91]
6/7/91 284 MEMORANDUM in support of Jere Irwin's motion to obtain
settlement information [283-1] (ca) [Entry date 06/10/91]
6/7/91 285 AFFIDAVIT of Mark D. Watson in support of motion to obtain
settlement information [283-1] (ca) [Entry date 06/10/91]
6/7/91 286 AFFIDAVIT OF SERVICE of petition of Jere Irwin to
intervene, motion to compel settlement information, memo in
support, and affidavit of Mark D. Watson. (ca)
[Entry date 06/10/91]
6/24/91 287 MEMORANDUM of points and authorities by plaintiff Diane
Irwin in opposition to petitioner/intervenor Jere irwin's
petition to intervene and motion to obtain settlement
information [282-2] (ca) [Entry date 06/25/91]
6/24/91 288 AFFIDAVIT of Michael B. King in opposition to
petitioner/intervenor Jere Irwin's petition to intervene
and motion to obtain settlement information [282-2] (ca)
[Entry date 06/25/91]
6/25/91 289 ORDER by Judge Carolyn R. Dimmick denying motion for
reconsideration of the Court's April 12, l991 order (cc:
all counsel) (ca) [Entry date 06/26/91]
6/25/91 290 DECLARATION of Service of Brad W. Shaffer of pltf's mrmo in
opposition to petition to intervene and affidavit of
Michael B. King (ca) [Entry date 06/27/91]
6/27/91 291 REPLY MEMORANDUM by Intervenor Jere Irwin in support of
motion to obtain settlement agreement [283-1] (ca)
[Entry date 06/28/91]
6/27/91 292 AFFIDAVIT OF SERVICE of reply memo of intervenor Jere
Irwin in support of motion to obtain settlement agreement
(ca) [Entry date 06/28/91]
7/1/91 -- LODGED: Bill of costs ( assigned to Clerk Bruce Rifkin )
by LeSourd & Patten defendants (ca) [Entry date 07/02/91]
7/1/91 293 MEMORANDUM by LeSourd & Patten defendants in support of
bill of costs ( assigned to Clerk Bruce Rifkin ) (ca)
[Entry date 07/02/91]
7/10/91 294 ORDER by Judge Carolyn R. Dimmick motion of Jere Irwin to
intervene in this cause of action is DENIED. (cc: all
counsel) (ca) [Entry date 07/11/91]
7/18/91 295 OBJECTIONS by plaintiff to cost bill (ca)
[Entry date 07/19/91]
7/19/91 296 SUPPLEMENT TO OBJECTIONS by plaintiff to bill of costs (ca)
[Entry date 07/22/91]
7/23/91 297 NOTICE OF APPEAL by plaintiff Diane Irwin from 6/26/91
(actual: 6/25/91) order denying pla. mtn for
reconsideration [289]; 4/15/91 (actual: 4/12/91) order
granting dfts' mtns for summary judgment re pla fed. and
state securities claims and dism. w/out prejudice pla
remaining state law claims [244]; and 11/6/90 (actual:
11/1/90) order granting dfts' mtns. for partial summary
judgment [148]. (cc: CCA, CRD, cnsl) (mg)
[Entry date 07/24/91]
7/23/91 -- APPEAL FEE RECEIVED: fee in amount of $ 105.00 ( Receipt
# 189909) (mg) [Entry date 07/24/91]
7/23/91 298 CERTIFICATE of Service that copies of 7/23/91 Notice of
Appeal were served via mail on John D. Lowery and Jerret E.
Sale. (mg) [Entry date 07/26/91]
7/24/91 -- APPEAL NOTIFICATION packet sent to CCA (cc: cnsl) (mg)
7/29/91 299 COSTS taxed in the amount of $ 6,616.15 against plaintiff
Diane Irwin (cc: all counsel) (ca) [Entry date 07/30/91]
7/29/91 300 STIPULATION and ORDER by Judge Carolyn R. Dimmick:
dismissing action between plaintiff Diane Irwin and
defendants Peter Lind and Georgette D. Lind, W.C. Ruthford
and Marcia Ruthford (cc: all counsel) (ca)
[Entry date 07/30/91]
8/6/91 301 JOINDER by plaintiff in motion filed in C89-1385D to retax
costs, noted for 8/23/91 (md) [Entry date 08/07/91]
8/6/91 302 CERTIFICATE of service re: pltfs joinder in motion to
retax costs (md) [Entry date 08/07/91]
8/14/91 303 TIME SCHEDULE ORDER (CCA) 91-35898: trns. des. due 8/22/91;
RT due 9/23/91; open.br. and excerpts due 11/8/91; resp.br.
due 12/9/91; optional reply br. due within 14 days of svc.
of resp. br. (mg) [Entry date 08/15/91]
8/19/91 304 RESPONSE by LeSourd & Patten defendants to motion to retax
costs (see C89-1385D) [0-0] (ca) [Entry date 08/20/91]
8/22/91 305 TRANSCRIPT DESIGNATION and Ordering Form for dates: 3/22/91
oral arg. on dfts. mtn. for summ. jgmt. (mg)
[Entry date 08/23/91]
8/24/91 306 TRANSCRIPT FILED of proceedings held before Judge Dimmick
on 3/22/91 (oral argument on motion for summary judgment)
(ca) [Entry date 08/27/91]
9/18/91 -- CERTIFICATE OF RECORD Transmitted to USCA (cc: all
counsel) (mg)
10/7/91 307 ORDER by Judge Carolyn R. Dimmick denying motion to retax
costs (see C89-1385D) (cc: all counsel) (ca)
[Entry date 10/08/91]
10/31/91 -- NOTIFICATION by Circuit Court of Appellate Docket Number
91-35898 (mg) [Entry date 11/01/91]
10/31/91 308 ORDER (CCA) 91-35898: Parties have stipulated to the
dismissal of this appeal as to appellees Schrader, Algeria,
Engleman & DePew and Kim Schrader as personal
representative of the estate of James B. Schrader. Appeal
DISMISSED WITH PREJUDICE AS TO NAMED PARTIES ONLY. Copy of
this order shall act as mandate. Joint mtn. for ext. of
time to file briefs GRANTED. Open.br. due 12/9/91; resp.br.
due 1/8/92; optional reply br. due 14 days from svc. of
resp.br. (mg) [Entry date 11/01/91]
1/21/92 309 ORDER (CCA) 91-35898: Appellant and appellees have
stipulated to dismissal of appeal as to appellees noted in
attached Exhibit A. Appeal dismissed with prejudice as to
named parties. Certified copy of this order shall act as
mandate regarding those parties. Within 14 days from entry
of this order, appellant shall file open.br. with mtn
requesting leave to file brief late. Counsel shall show
cause why sanctions should not be imposed. Remainder of
briefing schedule will be established, if appropriate, upon
review of response to this order. If counsel fails to
respond to this order in a timely fashion, appeal will be
dismissed as to remaining appellees. (mg)
[Entry date 01/22/92]
2/18/92 310 CERTIFIED ORDER (CCA) #91-35898: Appellant s letter of
1/30/92 is construed as a motion for voluntary dismissal of
the appeal in its entirety. So construed, the motion is
GRANTED. A certified copy of this order sent to the USDC
shall act as and for the mandate of this court. (cc: CRD,
cnsl) (ns)
5/14/92 311 ORDER Directing Documents be Returned by Judge Carolyn R.
Dimmick; (document filed under seal returned to F. Newland
of Karr Tuttle) (cc: all counsel) (gm)
6/16/92 -- CLERK'S RECORD ON APPEAL transmitted to Circuit 91-35898
(per Records Unit request) (mg)
6/22/92 -- RECORD ON APPEAL returned from U.S. Court of Appeals (mg)
2/17/93 312 SATISFACTION OF JUDGMENT as to plaintiff Diane Irwin to pay
the sum of $6,616.15 pursuant to that certain judgment
entered as a Taxation of Costs herein on 7/29/91, has been
fully compromised, settled, released, and satisfied, and
requests the Clerk of the above-entitled Court to satisfy
said Judgment in full. (gm) [Entry date 02/19/93]