part 2:
1/27/00 29 SUPPLEMENTAL RESPONSE by pla Connie L Gillaspie to motion
to compel arbitration by dft Jeanette B Wilcher, dft Life
Foundation Trst [20-2], motion to compel arbitration (based
on mandatory arbitration clause in Joint Venture/Profit
Agreement) by dft Sansea Limited LLC, dft Robert Ponikvar
[14-1] (ld) [Entry date 01/28/00]
2/22/00 30 ANSWER by dft Richard B Gonzales, dft Royalty Products Inc
(dmt) [Entry date 02/24/00]
3/10/00 31 SECOND SUPPLEMENTAL by pla Connie L Gillaspie to [24-1] to
plas response to Sansea Limited, LLC's and Robert Ponikvars
mtn to compel ICC arbitration and JD Surbers demand for ICC
Arbitration (rg) [Entry date 03/14/00]
3/15/00 33 AMENDED MAILING CERTIFICATE (of response to motion to
compel ICC arbitration and demand for ICC arbitration) by
pla Connie L Gillaspie (ld) [Entry date 03/16/00]
3/16/00 32 MINUTE ORDER IT IS ORDERED setting motion to strike
affidavit of Larry A Carr by dft Jeanette B Wilcher, dft
Life Foundation Trst [22-1]; setting motion to dismiss (as
to dfts Jeanette B Wilcher, single woman and trustee; and
Life Foundation Trust Inc) by dft Jeanette B Wilcher, dft
Life Foundation Trst [20-1]; motion to compel arbitration
by dft Jeanette B Wilcher, dft Life Foundation Trst [20-2];
motion to compel arbitration (based on mandatory
arbitration clause Joint Venture/Profit Sharing Agreement)
by dft Sansea Limited LLC, dft Robert Ponikvar [14-1] at
1:30 5/15/00; motion to set aside default by dft Jeanette B
Wilcher, dft Life Foundation Trst [11-1] at 1:30 p.m. on
5/15/00 before the Honorable Roslyn O. Silver, U.S.
District Court, Phoenix, Arizona. If this date is not
satisfactory, counsel shall file a written motion to
continue. (cc: all counsel; CD) [32-1] (ksr)
[Entry date 03/16/00]
4/3/00 34 RESPONSE by pla Connie L Gillaspie to motion to strike
affidavit of Larry A Carr by dft Jeanette B Wilcher, dft
Life Foundation Trst [22-1] (ld) [Entry date 04/07/00]
4/3/00 34 3RD SUPPLEMENT by pla Connie L Gillaspie to response to
motion to dismiss [20-1] (ld) [Entry date 04/07/00]
4/4/00 35 MOTION to withdraw as attorney of record (Gregg Clark
Gibbons) by dft Sansea Limited LLC, dft Robert Ponikvar
[35-1] (Sansea Ltd and Robert Ponkvar, 4080 Paradise Road,
#15-144, Las Vegas, Nevada 89109) (ld) [Entry date 04/07/00]
4/4/00 36 MOTION to accelerate ruling on motion to withdraw as
attorney of record (Gregg Clark Gibbons) by dft Sansea
Limited LLC, dft Robert Ponikvar [35-1] (Sansea Ltd and
Robert Ponkvar, 4080 Paradise Road, #15-144, Las Vegas,
Nevada 89109) by dft Sansea Limited LLC, dft Robert
Ponikvar [36-1] (ld) [Entry date 04/07/00]
4/14/00 37 MINUTE ENTRY Hearing on defendant's motion to withdraw is
held before Judge Roslyn O. Silver Crt Rptr: Gary Moll
Appearances: Gregg Clarke Gibbons is present
telephonically for defendant. IT IS ORDERED granting
motion to accelerate ruling on motion to withdraw as
attorney of record (Gregg Clark Gibbons) by dft Sansea
Limited LLC, dft Robert Ponikvar [36-1]. IT IS FURTHER
ORDERED counsel for dft is to set forth in a certification
that he has sent a certified letter to defendant with
return receipt the following: The corporation must be
represented by counsel. The Court will apply sanctions if
failure to comply with the Local Rules and the Federal
Rules of Civil Procedure. Consequences for failure to
comply with above, may result in that the motions could be
ruled on adversely against the defendant. Counsel is to
assist in any way to effectuate an orderly transition which
will not interrupt the discovery schedule and hearings set.
The Court is not inclined, at this time, to change any of
the discovery or hearing dates, including the hearing set
on motions for 5/15/00. As soon as the Court has received
certification from defense counsel, the Court will rule on
the motion to withdraw. If the certification is
appropriate, it is anticipated that the Court will grant
the motion to withdraw. [cc: counsel; cd] [37-1] (ksr)
[Entry date 04/17/00]
4/17/00 38 REPLY by dft Jeanette B Wilcher, dft Life Foundation Trst
to response to motion to strike affidavit of Larry A Carr
by dft Jeanette B Wilcher, dft Life Foundation Trst [22-1]
(ld) [Entry date 04/18/00]
4/17/00 38 REPLY by dft Jeanette B Wilcher, dft Life Foundation Trst
to 3rd supplement to motion to dismiss (as to dfts Jeanette
B Wilcher, single woman and trustee; and Life Foundation
Trust Inc) by dft Jeanette B Wilcher, dft Life Foundation
Trst [20-1] (ld) [Entry date 04/18/00]
4/19/00 39 NOTICE by dft Sansea Limited LLC, dft Robert Ponikvar of
(service) re motion to withdraw as attorney of record (ld)
[Entry date 04/20/00]
4/25/00 40 ORDER by Judge Roslyn O. Silver granting motion to
withdraw as attorney of record (Gregg Clark Gibbons) by dft
Sansea Limited LLC, dft Robert Ponikvar [35-1] (Sansea Ltd
and Robert Ponkvar, 4080 Paradise Road, #15-144, Las Vegas,
Nevada 89109) (cc: all counsel) (rg) [Entry date 04/25/00]
5/8/00 41 MINUTE ORDER Due to the Court's calendar, IT IS ORDERED
vacating the hearing set for 5/15/00 and resetting same for
5/31/00 at 1:30 p.m. on the following motions: motion to
strike affidavit of Larry A Carr by dft Jeanette B Wilcher,
dft Life Foundation Trst [22-1]; motion to dismiss (as to
dfts Jeanette B Wilcher, single woman and trustee; and Life
Foundation Trust Inc) by dft Jeanette B Wilcher, dft Life
Foundation Trst [20-1] ; motion to compel arbitration by
dft Jeanette B Wilcher, dft Life Foundation Trst [20-2];
motion to compel arbitration (based on mandatory
arbitration clause Joint Venture/Profit Sharing Agreement)
by dft Sansea Limited LLC, dft Robert Ponikvar [14-1];
motion to set aside default by dft Jeanette B Wilcher, dft
Life Foundation Trst [11-1]. Counsel notified
telephonically by division staff of the the hearing
resetting. (cc: all counsel; cd) [41-1] (ksr)
[Entry date 05/08/00]
5/24/00 42 MINUTE ORDER Due to the Court's calendar, IT IS ORDERED
vacating the hearing on motions set for 5/31/00 and re
setting same on 6/14/00 at 8:30 a.m. before Judge Silver.
(cc: all counsel; cd) [42-1] (ksr) [Entry date 05/24/00]
6/14/00 43 MINUTE ENTRY before Judge Roslyn O. Silver Crt Rptr: Gary
Moll Appearances: Michael Anthony for plaintiff. Robert
Ponikvar telephonically on his own behalf. Jerry Cochran
for defendant Surber. Mitchell Resnick for defendants Life
Foundation, Jeanette Wilcher and Trustee Wilcher. Peter
Spiess for defendants Gonzales and Royalty Products. Oral
argument on motions: IT IS ORDERED taking under advisement
on 6/14/00 the motion to strike affidavit of Larry A Carr
by dft Jeanette B Wilcher, dft Life Foundation Trst [22-1];
the motion to dismiss (as to dfts Jeanette B Wilcher,
single woman and trustee; and Life Foundation Inc) by dft
Jeanette B Wilcher, dft Life Foundation Trst [20-1]; the
motion to compel arbitration by dft Jeanette B Wilcher, dft
Life Foundation Trst [20-2]; the motion to compel
arbitration (based on mandatory arbitration clause in Joint
Venture/Profit Sharing Agreement) by dft Sansea Limited
LLC, dft Robert Ponikvar [14-1]; the motion to set aside
default by dft Jeanette B Wilcher, dft Life Trst [11-1]. IT
IS ORDERED counsel meet and confer as soon as possible to
attempt joint resolution of arbitration issues and inform
the Court of the status by 5:00 p.m. on 6/23/00. [cc:
counsel; CD] [43-1] (ksr) [Entry date 06/15/00]
6/23/00 44 NOTICE by pla Connie L Gillaspie of agreement to binding
arbitration of all issues as to all parties (ld)
[Entry date 06/26/00]
7/6/00 45 ORDER by Judge Roslyn O. Silver denying as moot the motion
to compel arbitration (based on mandatory arbitration
clause in Joint Venture/Profit Sharing Agreement) by dft
Sansea Limited dft Robert Ponikvar [14-1]; denying as moot
the motion to dismiss (as to dfts Jeanette B Wilcher,
single woman and trustee; and Life Foundation Trust Inc) by
dft Jeanette B Wilcher, dft Life Foundation Trst [20-1],
denying as moot the motion to compel by dft Jeanette B
Wilcher, dft Life Foundation Trst [20-2]; denying
application for entry of default; denying as moot the
motion to set aside default by dft Jeanette B Wilcher, dft
Life Foundation Trst [11-1]; granting the motion to strike
affidavit of Larry A Carr by dft Jeanette B Wilcher, dft
Life Foundation Trst [22-1]; stay deadline set for 11/3/00
; case stayed as to all proceedings pending arbitration
(cc: all counsel) (ld) [Entry date 07/06/00]
7/13/00 46 NOTICE by pla Connie L Gillaspie of commencement of
arbitration proceedings (ld) [Entry date 07/19/00]
11/29/00 47 The Court has ORDERED that effective December 1, 2000, the
above captioned matter is reassigned to Judge Susan R.
Bolton for all further proceedings. Any hearing,
conference, or trial scheduled on or after 12/1/00 in this
action is vacated and will be reset by the Court. All
further pleadings and papers filed in this action should
bear the complete case number and judge's initials, as
shown above. (cc: all counsel) [47-1] (rg)
[Entry date 11/29/00]
12/4/00 48 MINUTE ORDER IT IS ORDERED setting status hearing on
1/4/01 at 10:00 a.m. before Judge Bolton, Courtroom 2, 7th
Floor. Counsel are directed to file a written Status
Report as set forth in the attached Order. (cc: all
counsel) [48-2] (maw) [Entry date 12/04/00]
12/6/00 49 MINUTE ORDER Upon request of counsel, IT IS ORDERED
vacating status hearing on 1/4/01 at 10:00 a.m. and
resetting same to 1/11/01 at 2:30 p.m. before Judge
Bolton. (cc: all counsel) [49-2] (maw) [Entry date 12/06/00]
12/21/00 50 STATUS REPORT by pla Connie L Gillaspie, dfts Richard B
Gonzales, Royalty Products Inc, Life Foundation Trst,
Jeanette B Wilcher, J D Surber, Robert Ponikvar, Sansea
Limited LLC (ld) [Entry date 12/22/00]
12/22/00 51 MINUTE ORDER The Court, having reviewed the Status Report,
notes that the parties have stipulated to binding
arbitration. Therefore, IT IS ORDERED vacating Status
Hearing on 1/11/01 at 2:30 p.m. (cc: all counsel; SRB)
[51-2] (maw) [Entry date 12/22/00]
3/30/01 52 ANSWER AND CROSSCLAIM by dft Sansea Limited LLC, dft Robert
Ponikvar, dft Jane Doe Ponikvar, dft J D Surber, dft Jane
Doe Surber against dft Life Foundation Trst, dft Jeanette B
Wilcher (jrh) [Entry date 04/03/01]
4/12/01 53 NOTICE of service of discovery by dfts Jeanette B Wilcher,
Life Foundation Trst . (ld) [Entry date 04/13/01]
4/12/01 54 NOTICE of service of discovery by dft Jeanette B Wilcher,
dft Life Foundation Trst . (ld) [Entry date 04/13/01]
4/13/01 55 STIPULATION by dfts Jeanette B Wilcher, Life Foundation
Trst, J Surber, Robert Ponikvar, Sansea Limited LLC to
extend time to file answer to cross-complaint [52-1] (that
cross-dfts Wilcher and Life Foundation Trust may have up to
and including 5/11/01 to respond) (proposed response not
provided) (ld) [Entry date 04/16/01]
4/17/01 56 ORDER by Judge Susan R. Bolton granting stipulation re:
crossclaim (cross-complaint) [52-2]; ORDERED that dfts
Jeanette B Wilcher, trustee, Jeanette B Wilcher and Life
Foundation Trust shall have up to and including 5/11/01 to
respond by motion, answer or otherwise (cc: all counsel) (ld)
[Entry date 04/17/01]
4/25/01 57 STIPULATION for entry of judgment against dft Sansea
Limited LLC (in the amount of $4,864,000.00) by pla Connie
L Gillaspie, dft Sansea Limited LLC (ld)
[Entry date 04/27/01]
4/25/01 58 NOTICE by pla Connie L Gillaspie of lodging form of
judgment against dft Sansea Limited LLC (ld)
[Entry date 04/27/01]
4/25/01 59 STIPULATION for entry of judgment against dfts Ponikvar and
Surber by pla Connie L Gillaspie, dft Robert Ponikvar, dft
J D Surber (ld) [Entry date 04/27/01]
4/25/01 60 NOTICE by pla Connie L Gillaspie of lodging form of
judgment against dfts Ponikvar and Surber (ld)
[Entry date 04/27/01]
5/11/01 61 STIPULATION to extend time to answer cross-complaint by
cross-claimant Sansea Limited LLC, cross-claimant Robert
Ponikvar, cross-claimant J D Surber, cross-defendant
Jeanette B Wilcher, cross-defendant Life Foundation Trst
[61-1] (proposed answer/response) (ld) [Entry date 05/15/01]
5/15/01 62 ORDER by Judge Susan R. Bolton granting stipulation to
extend time to answer cross-complaint by cross-claimant
Sansea Limited LLC, cross-claimant Robert Ponikvar,
cross-claimant J D Surber, cross-defendant Jeanette B
Wilcher, cross-defendant Life Foundation Trst [61-1]
(proposed answer/response); ORDERED that dfts Jeanette B
Wilcher, Trustee, Jeanette B Wilcher and Life Foundation
Trust, shall have up to and including 5/31/01 to respond to
the cross-complaint/crossclaim [52-1] by motion, answer or
otherwise (cc: all counsel) (ld) [Entry date 05/15/01]
5/16/01 63 CONSENT JUDGMENT: by Judge Susan R. Bolton dismissing dft
Sansea Limited LLC granting stipulation, HEREBY ORDERED
that this final, non-appealable judgment is entered in
favor of pla Gillaspie and against dft Sansea in the amount
of $4,846,000.00 together with interest thereon at the
statutory rate of 10 percent per annum from 6/25/99 until
paid plus any and all costs of collection determined as
follows: (a) on counts 1, 2, 4, 7 and 8 -- in the amount of
$4,567,000.00 together with interest thereon at the
statutory rate of 10 percent per annum from 6/25/99 until
paid and any and all costs of collection; and (b) on count
9 -- in the amount of $297,000.00 together with interest
thereon at the statutory rate of 10 percent per annum from
6/25/01 until paid and any and all costs of collections;
FURTHER ORDERED that Gillaspie and Sansea further stipulate
and agree that Gillaspie and Sansea shall bear her/its own
costs, attorneys' fees and expenses as regards Gillaspie's
claims against Sansea, exclusive of any and all costs and
fees of collection (cc: all counsel/jgm drawer) (ld)
[Entry date 05/16/01]
5/16/01 64 CONSENT JUDGMENT: by Judge Susan R. Bolton dismissing
dfts Robert Ponikvar, J D Surber; granting stipulation; IT
IS HEREBY ORDERED that final, non-appealable judgment is
entered in favor of pla Gillaspie and against dfts (Robert)
Ponikvar and (JD) Surber, jointly and severally, on counts
2, 4, 7, 8 and 9 in the amount of $297,000.00, together
with interest thereon at the statutory rate of 10 percent
per annum from 6/25/99 until paid and any and all costs of
collection; FURTHER ORDERED that pla Gillaspie and dfts
Ponikvar and Surber shall bear their own costs, attorneys'
fees and expenses as regards Ms Gillaspie's claims against
dfts Ponikvar and Surber, exclusive of any and all costs
and fees of collection (cc: all counsel/jgm drawer) (ld)
[Entry date 05/16/01]
8/3/01 65 ORDER by Judge Susan R. Bolton scheduling conf set for
9:15 9/17/01, before Judge Susan R. Bolton (cc: all
counsel) (ld) [Entry date 08/03/01]
8/14/01 66 ORDER by Judge Susan R. Bolton status hearing set for
11:00 8/27/01; affirming prel scheduling conf set for 9:15
9/17/01 (cc: all counsel) (ms) [Entry date 08/14/01]
8/27/01 67 MINUTE ENTRY before Judge Susan R. Bolton . Crt Rptr: Kim
Myrick. Appearances: Michael Anthony for pla; Jerry
Cochran, Mitchell Resnick and George Spiess for dfts.
Status hearing held. Counsel advise all parties stipulated
to AAA arbitration. Discussion held. IT IS ORDERED
continuing the stay until further order of the Court. IT IS
FURTHER ORDERED directing counsel to file a status report
on 11/1/01 re: arbitration and every four months
thereafter. IT IS FURTHER ORDERED directing counsel not to
file pleadings with the court relating to presently pending
claims but are directed to file stipulated judgments with
the court. [cc: SRB] [67-2] (maw) [Entry date 08/27/01]
11/2/01 68 2ND STATUS REPORT by pla Connie L Gillaspie (ld)
[Entry date 11/02/01]
Case Flags:
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