McGraw et al ANSWER filed 1/26/07 FULL DOCUMENT
 

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resigned PostPosted: Sun Aug 26, 2007 7:15 am

doc wrote:
resigned wrote:
doc wrote:

Defendants want to know whether Skeeters' estate will be substituted as a party ... that's the only way to keep him in the suit. K2 don't want to designate the estate as a party yet, and they dont want to dismiss him either. They are delaying basically. The motion is filed by attorneys representing Skeeters' interest, in essence his estaste.


Thank you for the summation. That does help me to understand what is going on better....some of it anyway. I guess some of it is legal "strategy".


You're welcome. There's certainly some strategy or posturing going on .. K2 lawyers say they won't submit Deepak for depositions until all parties are named. Then they intentionally delay naming Skeeters' estate as a party. There's really no reason to delay .. they can always dismiss him later if they want to. They say they are evaluating whether to name him and collect from his insurance company, but again there's no reason not to name him other than delaying/avoiding depositions.



Will the Judge hear this motion on the 30th?

If so, do you think he'll rule from the bench or more waiting?

---------

Do you know what the Hearing scheduled/conference in Sept. (I think) re: Beth & Dave and The Kalpoe's suit is concerning? I thought that the wrongful death suit was dismissed flat out for lack of jurisdiction in CA.
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doc PostPosted: Sat Sep 01, 2007 1:11 pm

I think he heard the motion on the 30th and I believe Skeeters was dismissied from the suit. Still trying to confirm whether there was a ruling on the Motion to Compel.
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resigned PostPosted: Sat Sep 01, 2007 2:41 pm

doc wrote:
I think he heard the motion on the 30th and I believe Skeeters was dismissied from the suit. Still trying to confirm whether there was a ruling on the Motion to Compel.


Thank You, doc. I would appreciate it if you could post any confirmation when you find out. Also, if you know anything about the Dec. 5th date regarding the wrongful death case-management conference:

Future Hearings
12/05/2007 at 08:30 am in department 33 at 111 North Hill Street, Los Angeles, CA 90012
Conference-Case Management


Is this a date that was scheduled prior to dismissal of the suit and just hasn't been removed, or something else? TIA
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doc PostPosted: Sat Sep 01, 2007 3:06 pm

Dont hold me to this but I believe the Dec 5 date was mentioned in the minute order when the court ruled there was no personal jurisdiction over K2. To be honest, I dont know what it is and I dont know why there are still live pleadings or issues if the case was dismissed. I'm not sure the whole case was dismissed - there was the ruling that there is no personal jurisdiction over K2 but perhaps there's still an issue about whether the wrongful death and defamation cases are related enough to give rise to some kind of ancillary jurisdiction. That's just speculation - I cant imagine what else there is to decide unless it's an issue of awarding attorney's fees.
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resigned PostPosted: Sat Sep 01, 2007 7:19 pm

doc wrote:
Dont hold me to this but I believe the Dec 5 date was mentioned in the minute order when the court ruled there was no personal jurisdiction over K2. To be honest, I dont know what it is and I dont know why there are still live pleadings or issues if the case was dismissed. I'm not sure the whole case was dismissed - there was the ruling that there is no personal jurisdiction over K2 but perhaps there's still an issue about whether the wrongful death and defamation cases are related enough to give rise to some kind of ancillary jurisdiction. That's just speculation - I cant imagine what else there is to decide unless it's an issue of awarding attorney's fees.


I'm not going to pretend that I know all of what you just said, but I'll look into it to the best of my ability. Interesting.

Thank You.
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doc PostPosted: Sat Sep 01, 2007 8:26 pm

resigned wrote:
doc wrote:
Dont hold me to this but I believe the Dec 5 date was mentioned in the minute order when the court ruled there was no personal jurisdiction over K2. To be honest, I dont know what it is and I dont know why there are still live pleadings or issues if the case was dismissed. I'm not sure the whole case was dismissed - there was the ruling that there is no personal jurisdiction over K2 but perhaps there's still an issue about whether the wrongful death and defamation cases are related enough to give rise to some kind of ancillary jurisdiction. That's just speculation - I cant imagine what else there is to decide unless it's an issue of awarding attorney's fees.


I'm not going to pretend that I know all of what you just said, but I'll look into it to the best of my ability. Interesting.

Thank You.


Short answer -- I dont know.
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doc PostPosted: Sun Sep 02, 2007 11:55 pm

Looks like the Motion to Compel and the Motion to Dismiss were both heard on the 30th and have been submitted for consideration but no ruling yet:

http://homepage.mac.com/mcgraw.kalpoe.docs/.Public/Kalpoe_v_McGraw/minuteorder.pdf
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resigned PostPosted: Mon Sep 03, 2007 1:59 am

doc wrote:
Looks like the Motion to Compel and the Motion to Dismiss were both heard on the 30th and have been submitted for consideration but no ruling yet:

http://homepage.mac.com/mcgraw.kalpoe.docs/.Public/Kalpoe_v_McGraw/minuteorder.pdf


Thanks. Just out of curiosity, in the last sentence of the pdf.

"CASE MANAGEMENT CONFERENCE is called for hearing and trails ruling on the submitted motions"


Is the word trails a legal term? Or is that a misspelling of trials? Confused
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doc PostPosted: Mon Sep 03, 2007 2:12 am

No clue. Wondered that myself. "Trails" is no legal term of art that I'm aware of. Laughing

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gwen PostPosted: Thu Sep 20, 2007 6:08 am

Motion to Dismiss denied; Motion to Compel Granted

Entered 09-07-2007


http://homepage.mac.com/mcgraw.kalpoe.docs/.Public/Kalpoe_v_McGraw/0907_ruling_order.pdf
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JamiJo PostPosted: Tue Nov 27, 2007 5:44 pm

So will the latest in Aruba have any play on this?
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sandraK PostPosted: Sun Dec 23, 2007 4:55 am

doc wrote:
No clue. Wondered that myself. "Trails" is no legal term of art that I'm aware of. Laughing

Happy Trials!


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resigned PostPosted: Tue Jan 22, 2008 9:59 pm

Notice of Ruling Re: Plaintiff Failure to Appear Filed 12-11-7

http://homepage.mac.com/mcgraw.kalpoe.docs/.Public/kalpoemcgraw/noticeofruling.pdf


Declaration of Siegfert in Response to Motion for Sanctions for Failure to Appear Filed 12-12-07

http://homepage.mac.com/mcgraw.kalpoe.docs/.Public/kalpoemcgraw/3.pdf


Defendant's Second Supplement to Motion to Dismiss for Discovery Abuse Filed 12-26-07

http://homepage.mac.com/mcgraw.kalpoe.docs/.Public/kalpoemcgraw/secondsuppdef.pdf


Continuance of Hearings on Stay and Sanctions until 2-5-08 Entered 1-3-08

http://homepage.mac.com/mcgraw.kalpoe.docs/.Public/kalpoemcgraw/103minute.pdf
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resigned PostPosted: Tue Feb 12, 2008 10:38 am

Declaration of Satish Kalpoe re:Discovery Documents 2/08/08

http://homepage.mac.com/mcgraw.kalpoe.docs/.Public/kalpoemcgraw/020808_SK_Discovery.pdf

Declaration of Deepak Kalpoe re:Discovery Documents02/08/08

http://homepage.mac.com/mcgraw.kalpoe.docs/.Public/kalpoemcgraw/020808_DK_Discovery.pdf

Declaration of William Cremer, Esq, re: Discovery Documents/Fee-Privileged 02/08/08

http://homepage.mac.com/mcgraw.kalpoe.docs/.Public/kalpoemcgraw/020808_CremerDeclaration.pdf
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resigned PostPosted: Fri Feb 22, 2008 1:25 am

Latest from McGraw/Kalpoe posted 02/22/08

http://homepage.mac.com/mcgraw.kalpoe.docs/.Public/kalpoemcgraw/021408D_MTDismiss.pdf


http://homepage.mac.com/mcgraw.kalpoe.docs/.Public/kalpoemcgraw/021508P_DKCompelResp.pdf


http://homepage.mac.com/mcgraw.kalpoe.docs/.Public/kalpoemcgraw/021508P_SKCompelResp.pdf
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dugo PostPosted: Sun Sep 07, 2008 2:19 am

links died
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sarge PostPosted: Wed Sep 24, 2008 4:40 pm

Case Number: BC363201
DEEPAK KALPOE VS PHILLIP C MCGRAW
Filing Date: 12/13/2006
Case Type: Defamation (Slander/Libel) (General Jurisdiction)
Status: Pending

Future Hearings
10/15/2008 at 08:30 am in department 69 at 111 North Hill Street, Los Angeles, CA 90012
Motion to Strike (Complaint Pursuant to CCP 425.162) Second Motion to Dismiss andRequest for Terminating Sanctions3) Case Management Conference)

12/04/2008 at 08:30 am in department 69 at 111 North Hill Street, Los Angeles, CA 90012
Motion to Compel ((4))

SEPTEMBER ACTIVITY

09/11/2008 Proof of Service (RE MOTION TO COMPEL, ETC. )
Filed by Attorney for Plaintiff/Petitioner

09/10/2008 Miscellaneous-Other (UNOPPOSED APPLICATION FOR COMMISSION TO TAKE ORAL DEPOSITION OF A NON-PARTY IN FLORIA )Filed by Attorney for Defendant/Respondent

09/10/2008 Motion to Compel (DEFT TO PROVIDE FURTHER INTERROGATORY RESPONSES, ETC. SET: 12-4-0Cool
Filed by Attorney for Plaintiff/Petitioner

09/10/2008 Motion to Compel (DEFT. TO PROVIDE FURTHER INTERROGATORY RESPONSES, ETC. SET: 12-4-0Cool
Filed by Attorney for Plaintiff/Petitioner

09/10/2008 Motion to Compel (DEFT TO PROVIDE FURTHER FURTHER INTERROGATORY RESPONSES, ETC. SET: 12-4-0Cool
Filed by Attorney for Plaintiff/Petitioner

09/10/2008 Motion to Compel (DEFT. McGRAW TO PROVIDE FURTHER INTERROGATORY RESPONSES, ETC. SET: 12-4-0Cool
Filed by Attorney for Plaintiff/Petitioner




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