Case Details

CourtDistrict of Nevada
Docket number2:09-cv-01889
Date case filed2009-09-28
Date case closed2011-07-13
Date of latest filing
Assigned toJudge Edward C. Reed, Jr
Case cause28:1332 Diversity-Contract Dispute
Nature of suit190 Contract: Other
Jury demandNone
Demand
JurisdictionDiversity

Case Parties

Party: Bank of the West
Party type: Plaintiff
Attorney name: Ethan Birnberg
Attorney Contact:
Holland & Hart LLP
5441 Kietzke Lane
Second Floor
Reno, NV 89511
775-327-3000
Fax: 775-786-6179
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Jeremy J. Nork
Attorney Contact:
Holland & Hart LLP
5441 Kietzke Lane
Second Floor
Reno, NV 89511
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Monument Capital, Inc.
Party type: Defendant
Attorney name: Frank M Flansburg , III
Attorney Contact:
Marquis Aurbach Coffing
10001 Park Run Drive
Las Vegas, NV 89145
702-942-2154
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Jeremy J. Nork
Attorney Contact:
Holland & Hart LLP
5441 Kietzke Lane
Suite 200
Reno, NV 89511
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Tye S. Hanseen
Attorney Contact:
Marquis & Aurbach
10001 Park Run Drive
Las Vegas, Ne 89145
702-382-0711
Fax: 702-856-8949
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: Thomas H McCormick, IV
Party type: Defendant
Attorney name: Frank M Flansburg , III
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Jeremy J. Nork
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Tye S. Hanseen
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Cristen J McCormick
Party type: Defendant
Attorney name: Frank M Flansburg , III
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Jeremy J. Nork
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Tye S. Hanseen
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: McCormick Family Trust
Party type: Defendant
Attorney name: Frank M Flansburg , III
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Jeremy J. Nork
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Tye S. Hanseen
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12009-09-28 COMPLAINT (Breach of Guaranty) against all defendants (Filing fee $ 350 receipt number 09780000000001383809), filed by Bank of the West. Certificate of Interested Parties due by 10/8/2009. Proof of service due by 1/26/2010. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Civil Cover Sheet)(Nork, Jeremy) (Entered: 09/28/2009)
22009-09-28 NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC ยง 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 Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - www.nvd.uscourts.gov. 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) (ASB) (Entered: 09/28/2009)
32009-10-01 PROPOSED SUMMONS to be issued SUMMONS IN A CIVIL ACTION (Monument Capital, Inc.), filed by Plaintiff Bank of the West. (Nork, Jeremy) (Entered: 10/01/2009)
42009-10-01 PROPOSED SUMMONS to be issued SUMMONS IN A CIVIL ACTION (Thomas H. McCormick), filed by Plaintiff Bank of the West. (Nork, Jeremy) (Entered: 10/01/2009)
52009-10-01 PROPOSED SUMMONS to be issued SUMMONS IN A CIVIL ACTION (Cristen J. McCormick), filed by Plaintiff Bank of the West. (Nork, Jeremy) (Entered: 10/01/2009)
62009-10-01 PROPOSED SUMMONS to be issued SUMMONS IN A CIVIL ACTION (The McCormick Family Trust), filed by Plaintiff Bank of the West. (Nork, Jeremy) (Entered: 10/01/2009)
72009-10-02 Summons Issued as to Monument Capital, Inc., Thomas H McCormick, Cristen J McCormick, and McCormick Family Trust. (Attachments: # 1 Summons Issued as to Monument Capital, Inc., # 2 Summons Issued as to The McCormick Family Trust, # 3 Summons Issued as to Thomas H. McCormick)(ASB) (Entered: 10/02/2009)
82009-10-15 CERTIFICATE OF SERVICE for Summons and Complaint by Plaintiff Bank of the West re 7 Summons Issued,. PROOF OF SERVICE (Monument Capital, Inc.) (Nork, Jeremy) (Entered: 10/15/2009)
92009-10-15 CERTIFICATE OF SERVICE for Summons and Complaint by Plaintiff Bank of the West re 7 Summons Issued,. PROOF OF SERVICE (The McCormick Family Trust) (Nork, Jeremy) (Entered: 10/15/2009)
102009-10-15 CERTIFICATE OF SERVICE for Summons and Complaint by Plaintiff Bank of the West re 7 Summons Issued,. PROOF OF SERVICE (Thomas H. McCormick) (Nork, Jeremy) (Entered: 10/15/2009)
112009-10-15 ORDER that plaintiff shall file its Certificate of Interested Parties by 11/2/2009. Failure to comply may result in the issuance of an order to show cause why sanctions should not be imposed. Signed by Magistrate Judge Peggy A. Leen on 10/14/09. (Copies have been distributed pursuant to the NEF - ECS) (Entered: 10/15/2009)
122009-10-28 MOTION for Entry of Clerks Default by Plaintiff Bank of the West. Motion ripe 10/28/2009. (Attachments: # 1 Affidavit, # 2 Proposed Order Default)(Nork, Jeremy) (Entered: 10/28/2009)
132009-10-30 Clerk's ENTRY OF DEFAULT as to Monument Capital, Inc., Thomas H McCormick, and McCormick Family Trust re 12 MOTION for Entry of Clerks Default. (ASB) (Entered: 10/30/2009)
142009-11-11 SUMMONS Returned Executed by Bank of the West. Cristen J McCormick served on 10/31/2009, answer due 11/20/2009. (Nork, Jeremy) (Entered: 11/11/2009)
152009-11-12 ORDER TO SHOW CAUSE for Plaintiff's Failure to File Certificate of Interested Parties. Show Cause Response due by 11/27/2009. Signed by Magistrate Judge Peggy A. Leen on 11/10/09. (Copies have been distributed pursuant to the NEF - ASB) (Entered: 11/12/2009)
162009-11-13 CERTIFICATE of Interested Parties filed by Bank of the West.. There are no known interested parties other than those participating in the case. (Nork, Jeremy) (Entered: 11/13/2009)
172009-11-20 ANSWER to 1 Complaint, filed by Monument Capital, Inc., Thomas H McCormick, Cristen J McCormick, McCormick Family Trust. Certificate of Interested Parties due by 11/30/2009. Discovery Plan/Scheduling Order due by 1/4/2010.(Flansburg, Frank) (Entered: 11/20/2009)
182009-11-20 CERTIFICATE of Interested Parties filed by Monument Capital, Inc., Thomas H McCormick, Cristen J McCormick, McCormick Family Trust.. There are no known interested parties other than those participating in the case. (Flansburg, Frank) (Entered: 11/20/2009)
192009-12-02 ORDER that this matter is before the court on 16 Plaintiffs filing its Certificate of Interested Parties. The court is satisfied that Plaintiff did not intentionally disregard the courts Orders 11 * 15 or the requirements of LR 7.1-1, and sanctions are not warranted. Signed by Magistrate Judge Peggy A. Leen on 12/2/2009. (Copies have been distributed pursuant to the NEF - SD) (Entered: 12/04/2009)
202010-01-20 VACATED per 37 Order dated 12/29/10 SCHEDULING ORDER. Discovery due by 5/19/2010. Motions due by 6/18/2010. Proposed Joint Pretrial Order due by 7/19/2010. Signed by Magistrate Judge Peggy A. Leen on 1/14/2010. (Copies have been distributed pursuant to the NEF - SD) (Entered: 01/20/2010)
212010-03-22 STATUS REPORT INTERIM STATUS REPORT by Plaintiff Bank of the West. (Nork, Jeremy) (Entered: 03/22/2010)
222010-03-29 JOINDER to 21 Status Report ; filed by Defendants Cristen J McCormick, Thomas H McCormick, McCormick Family Trust, Monument Capital, Inc.. (Flansburg, Frank) (Entered: 03/29/2010)
232010-06-18 MOTION for Summary Judgment by Defendants Cristen J McCormick, Thomas H McCormick, McCormick Family Trust, Monument Capital, Inc.. Responses due by 7/12/2010. (Flansburg, Frank) (Entered: 06/18/2010)
242010-06-18 MOTION for Summary Judgment by Plaintiff Bank of the West. Responses due by 7/12/2010. (Attachments: # 1 Exhibit 1-Part 1, # 2 Exhibit 1-Part 2, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4-Part 1, # 6 Exhibit 4-Part 2, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10)(Nork, Jeremy) (Entered: 06/18/2010)
252010-07-12 STIPULATION AND ORDER FOR EXTENSION OF TIME by Plaintiff Bank of the West, Defendants Cristen J McCormick, Thomas H McCormick, McCormick Family Trust, Monument Capital, Inc.. (Nork, Jeremy) (Entered: 07/12/2010)
262010-07-13 ORDER Granting 25 Stipulation to Extend Time to File Response to 24 MOTION for Summary Judgment, 23 MOTION for Summary Judgment. Responses due by 7/26/2010. Signed by Judge Edward C. Reed, Jr on 7/13/2010. (Copies have been distributed pursuant to the NEF - SD) (Entered: 07/13/2010)
272010-07-26 RESPONSE to 24 MOTION for Summary Judgment, filed by Defendants Cristen J McCormick, Thomas H McCormick, McCormick Family Trust, Monument Capital, Inc.. Opposition to Motion for Summary Judgment Replies due by 8/12/2010. (Attachments: # 1 Exhibit 1001)(Hanseen, Tye) (Entered: 07/26/2010)
282010-07-26 RESPONSE to 23 MOTION for Summary Judgment, filed by Plaintiff Bank of the West. Replies due by 8/12/2010. (Attachments: # 1 Exhibit 1 - Part I, # 2 Exhibit 1 - Part II, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4 - Part I, # 6 Exhibit 4 - Part II, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9)(Nork, Jeremy) Docket entry relationship corrected on 7/27/2010. (MJZ) (Entered: 07/26/2010)
292010-08-04 STIPULATION AND ORDER FOR EXTENSION OF TIME by Plaintiff Bank of the West, Defendants Cristen J McCormick, Thomas H McCormick, McCormick Family Trust, Monument Capital, Inc.. (Nork, Jeremy) (Entered: 08/04/2010)
302010-08-05 ORDER Granting 29 Stipulation to Exten Time to File a Reply in support of their respective motions for summary judgmenent: 24 MOTION for Summary Judgment, and 23 MOTION for Summary Judgment. Replies due by 8/16/2010. Signed by Judge Edward C. Reed, Jr on 8/5/2010. (Copies have been distributed pursuant to the NEF - SD) (Entered: 08/05/2010)
312010-08-12 REPLY to Response to 24 MOTION for Summary Judgment ; filed by Plaintiff Bank of the West. PLAINTIFF'S REPLY IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT (Attachments: # 1 Exhibit 11)(Nork, Jeremy) (Entered: 08/12/2010)
322010-08-16 Submission of PROPOSED ORDER filed by Defendants Cristen J McCormick, Thomas H McCormick, McCormick Family Trust, Monument Capital, Inc. STIPULATION AND ORDER EXTENDING DEADLINE FOR DEFENDANTS TO FILE REPLY IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT (#23). (Hanseen, Tye) (Entered: 08/16/2010)
332010-08-17 ORDER ON STIPULATION Granting 32 Stipulation to Extend Time to File Reply to 23 MOTION for Summary Judgment. Replies due by 8/23/2010. Signed by Judge Edward C. Reed, Jr on 8/17/2010. (Copies have been distributed pursuant to the NEF - SD) (Entered: 08/17/2010)
342010-08-23 REPLY to Response to 23 MOTION for Summary Judgment ; filed by Defendants Cristen J McCormick, Thomas H McCormick, McCormick Family Trust, Monument Capital, Inc.. (Attachments: # 1 Exhibit A)(Hanseen, Tye) (Entered: 08/23/2010)
352010-12-22 LETTER from Jeremy Nork re: 23 MOTION for Summary Judgment. (ASB) Modified to show correct filing attorney on 12/23/2010. NEF Regenerated. (ASB) (Entered: 12/22/2010)
362010-12-30 MINUTE ORDER IN CHAMBERS of the Honorable Judge Edward C. Reed, Jr, on 12/30/2010. By Deputy Clerk: Molly Morrison. ORDERED that 23 Motion for Summary Judgment is DENIED on the grounds that while Defendants are correct in asserting that a deficiency action is the proper manner in which to proceed, Defendants are not entitled to summary judgment on that basis. FURTHER ORDERED that 24 Motion for Summary Judgment is DENIED as moot. (Copies have been distributed pursuant to the NEF - MMM) (Entered: 12/30/2010)
372010-12-30 AMENDED SCHEDULING ORDER Vacating 20 Scheduling Order. Amended Complaint due within 21 days from the date of entry of this Order. Discovery shall be completed within 120 days from the date of entry of this Order. Dispositive Motions must be filed no later than 30 days after the Court files its decision with respect to the hearing required under Nev. Rev. Stat. 40.457. Proposed Joint Pretrial Order to be filed 30 days after the date set for filing dispositive motions. Signed by Judge Edward C. Reed, Jr on 12/29/10. (Copies have been distributed pursuant to the NEF - MMM) (Entered: 12/30/2010)
382011-01-18 AMENDED COMPLAINT FIRST AMENDED COMPLAINT (Deficiency) against Cristen J McCormick, Thomas H McCormick, McCormick Family Trust, Monument Capital, Inc., filed by Bank of the West. No changes to parties. Proof of service due by 5/18/2011.(Nork, Jeremy) (Entered: 01/18/2011)
392011-01-19 EXHIBIT(s) 1-5 To First Amended Complaint to 38 Amended Complaint, ; filed by Plaintiff Bank of the West. (Attachments: # 1 Exhibit 2, # 2 Exhibit 3, # 3 Exhibit 4, # 4 Exhibit 5)(Nork, Jeremy) (Entered: 01/19/2011)
402011-07-05 ORDER that counsel for parties shall file a Joint Pretrial Order no later than 7/19/11. Signed by Magistrate Judge Peggy A. Leen on 7/5/11. (Copies have been distributed pursuant to the NEF - EDS) (Entered: 07/05/2011)
412011-07-08 STIPULATION of Dismissal STIPULATION AND ORDER FOR DISMISSAL WITH PREJUDICE by Plaintiff Bank of the West, Defendants Cristen J McCormick, Thomas H McCormick, IV, McCormick Family Trust, Monument Capital, Inc.. (Nork, Jeremy) (Entered: 07/08/2011)
422011-07-13 ORDER DISMISSING CASE re 41 Stipulation for Dismissal with Prejudice. Signed by Judge Edward C. Reed, Jr on 7/12/11. (Copies have been distributed pursuant to the NEF - EDS) (Entered: 07/13/2011)