Free Motion to Expedite - District Court of Arizona - Arizona

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8 UNITED STATES DISTRICT COURT
9 FOR THE DISTRICT OF ARIZONA
10 KAHALA CORP., et al, ) Case No.: CV’()3-2160PHX JAT (lead)
) CV’04-1543PHX-JAT (cons)
l l Plaintiffs, )
v. ' ) [PROPOSED] ORDER
12 RILWALA GROUP, INC., et al, i Judge: HON. JAMES A. TEIl.BORG
13 Defendants. i
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16 Plaintiffs ("Kahala, et al.") have pending a Motion to Renew Request for Terminating
17 Sanctions and/or Monetary Sanctions against Defendants (Docket #153) to which no response was
18 filed by Defendants. Also pending is Plaintiffs’ Motion to Dismiss for Failureto Prosecute (Docket
19 #142) to which no response was filed by Defendants.
20 The Court previously concluded that Defendants failure to provide timely and complete
21 responses, including the failure to timely respond to Plaintiffs’ Motions for Sanctions, and the
22 failure to properly serve documents in accordance with Federal Rules of Civil Procedure 5(a) were
23 done in bad faith, without substantial justification, and for the purpose of delaying the progress of
24 this litigation.
25 In light of their failure to follow this Court’s previous Orders as well as their failure to
26 respond to the pending motions,
27 IT IS ORDERED that Plaintiffs’ Motion to Dismiss with Prejudice for Failure to Prosecute
28 is GRANTED as to Counter-Defendants Kevin Blackwell, David Guarino, Charles Randazzo and
Case 2:03-cv-02160-JAT Document 156621géR Filed 08/23/2005 Page 1 of 2

1 Gold Financial.
2 IT IS FURTHER ORDERED that Counter—Plaintiffs’ 26th, 27th, and 28th causes of action
3 alleging RICO violations be dismissed with prejudice.
4 IT IS FURTHER ORDERED that Defendants’ Answer to the First Amended Complaint be
5 struck and Judgment entered in favor the Kahala, et al. Plaintiffs (CV ’03-2160PHX-JAT).
6 IT IS FURTHER ORDERED that Counter·Plaintiffs’ Second Amended Counter-Claim be
7 dismissed and judgment entered in favor of the remaining Kahala, et al. Counter-Defendants (CV
8 ’03 -2 1 60PHX-J AT). A
9 IT IS FURTHER ORDERED that the H. Rilwala Complaint (CV ’04-1543PHX-JAT [The
10 Consolidated Action]) be dismissed with prejudice for failure to prosecute and judgment entered in
ll favor of the remaining Kahala, et al. Defendants.
12 IT IS FURTHER ORDERED that Kahala, et al. Plaintiffs be permitted to submit proof of its
13 damages recoverable under the First Amended Complaint within 45 days of the date of the Court’s
14 entry of Judgment. ‘
15 IT IS FURTHER ORDERED that the Kahala, et al. Counter-Defendants be permitted to
16 submit proof of its damages recoverable under the Second Amended Counter—Claim within 45 days
17 of the date of the Court’s entry of Judgment
0 18 IT IS FURTHER ORDERED that the Kahala, et al.‘Defendants be permitted to submit
19 proof of its damages recoverable under the H. Rilwala Complaint (CV ’04—l543PHX—JAT [The
20 Consolidated Action]) within 45 days of the date of the Court’s entry of Judgment
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22 IT IS SO ORDERED:
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DATED this j day 0f 2005
24 Hon. James A. Teilborg
25 United Sates District Court
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Case 2:03-cv-02160-JAT

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Case 2:03-cv-02160-JAT

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