United States District Court, D. Montana, Helena Division
WEH Magic Valley Holdings, LLC, a limited liability corporation, Plaintiff,
EIH Parent, LLC, a limited liability company and James Carkulis, an individual, Defendants.
HADDON, United States District Judge
hearing on January 18, 2017, the parties were directed to:
"(1) brief certain specific issues outlined by the Court
[on January 18, 2017]; (2) stipulate to the content and file
the complete text of the Purchase and Sale Agreement
("PSA") [of August 1, 2014]; and (3) for the Court
to be notified if the parties did not fully agree upon the
content of the PSA to be filed."
motions filed after the January 18, 2017, hearing were: (1)
Plaintiffs Notice of Dispute Re: Full Contents of Contract
and Motion for Judicial Determination; and (2)
Plaintiffs Motion in Limine to Exclude Expert
Testimony of James Carkulis, " both of which were filed by
Kimberly Beatty, Esq. "Three briefs directed to related
issues were also filed, " two of which were submitted by
7, 2017, the Court issued its Memorandum which addressed in
detail: 1) the contentions of the parties; 2) the
parties' written contract of August 1, 2014; and 3) the
unresolved "Data Room" issue. After the June 7,
2017, Memorandum was entered, the Court vacated an existing
pretrial order deadline and established a briefing scheduling
for any remaining claims, which included allowing each party
the option to refile motions for summary judgment. On
September 22, 2017, Defendants filed a renewed motion for
summary judgmenton Counts II through V of the Second
Order of November 29, 2017, the Court set hearing for
December 5, 2017, at 1:00 p.m. on:
(1) Defendants' Renewed Motion for Summary Judgment on
Counts II through V of Plaintiff s Second Amended Complaint
[Opposed]; (2) unresolved issues in Count I (Breach
of Contract Against EIH and Carkulis); (3) waiver or
limitation on claims for recovery of consequential damages
under Section 9.12 of the Purchase and Sale Agreement; (4) a
proposed schedule for the preparation and submission of a
final pretrial order prepared in compliance with Fed.R.Civ.P.
26(a)(3)(A) and L.R. 16.4 and the Orders of this Court; (5)
time reasonably required and to be requested by counsel to
prepare and submit the final pretrial order; (6) time
reasonably required and to be requested by counsel and
allowed by the Court to address and decide issues that may
remain for pretrial resolution after the proposed pretrial
order is filed; and (7) to consider any such and further
pretrial issues as may be presented to the
November 30, 2017, Ms. Beatty filed an Unopposed Motion and
Brief in Support to Vacate and Reset Status
Conference that requested on behalf of pro hac
vice James D. Benak, Esq. that the hearing scheduled for
December 5, 2017, be vacated.
Benak has appeared, with leave of Court, as pro hac
vice in this case. The Court's Order admitting Mr.
Benak recites, inter alia:
Mr. Benak must do his own work. He must do his own writing,
sign his own pleadings, motions, briefs and other documents
served or filed by him, and, if designated co-lead counsel,
must appear and participate personally in all proceedings
before the Court.
noted, the current motion for continuance was not filed by
Mr. Benak but by Ms. Beatty.
Court is satisfied that Ms. Beatty is capable of representing
WEH's interests before this Court and will do so. If Mr.
Benak is unable to attend the hearing set for December 5,
2017, his presence at the hearing in this instance will be
hearing set for December 5, 2017, will proceed as scheduled.
Unopposed Motion to Vacate and Reset Status