Case: Balvage v. Ryderwood Improvement and Service Association

COMPLAINT against defendant(s) Ryderwood Improvement and Service Association, Inc. (Summons(es) issued)(Receipt # SEA27435), filed by Raymond T. Balvage, Deborah A. Balvage, Charles E. Weaver, Susan M. Weaver. (Attachments: # 1 Civil Cover Sheet)(TG) (Entered: 07/09/2009)

2 Civil Cover Sheet

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MINUTE ORDER REGARDING DISCOVERY AND DEPOSITIONS by Judge Benjamin H Settle. (TG) (Entered: 07/09/2009)

MINUTE ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT by Judge Benjamin H Settle: Joint Status Report due by 11/6/2009, FRCP 26f Conference Deadline is 10/16/2009, Initial Disclosure Deadline is 10/30/2009. (TG) (Entered: 07/09/2009)

AFFIDAVIT of Service of Summons and Complaint on Sally Gene DeBriae--Registered Agent on 7/9/2009, filed by Plaintiffs Raymond T. Balvage, Deborah A. Balvage, Charles E. Weaver, Susan M. Weaver. (Attachments: # 1 Certificate of Service)(Lynam, Joseph) (Entered: 07/14/2009)

2 Certificate of Service

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NOTICE of Appearance by attorney Steven Goldstein on behalf of Defendant Ryderwood Improvement and Service Association, Inc.. (Goldstein, Steven) (Entered: 07/17/2009)

ANSWER to Complaint Affirmative Defenses, COUNTERCLAIM against plaintiff all plaintiffs by Ryderwood Improvement and Service Association, Inc..(Goldstein, Steven) (Entered: 08/04/2009)

STIPULATION AND PROPOSED ORDER RE AMENDED COMPLAINT by parties. (Lynam, Joseph) (Entered: 11/03/2009)

JOINT STATUS REPORT signed by all parties Filed by Plaintiffs Raymond T. Balvage, Deborah A. Balvage, Charles E. Weaver, Susan M. Weaver.(Lynam, Joseph) (Entered: 11/06/2009)

MINUTE ORDER SETTING TRIAL AND PRETRIAL DATES; *TEN DAY* Bench Trial is set for 11/2/2010 at 9:00 AM in Courtroom E before Judge Benjamin H. Settle: Joinder of Parties due by 12/10/2009; Amended Pleadings due by 12/21/2009; Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 4/26/2010; Rebuttal Expert Disclosure/Reports due by 5/26/2010; Motions due by 6/7/2010; Discovery completed by 7/6/2010; Dispositive motions due by 8/4/2010; Settlement conference to be held by 9/3/2010; 39.1 mediation to be completed by 9/23/2010; 39.1 Settlement Report due by 10/4/2010; Motions in Limine due by 10/4/2010; Pretrial Order due by 10/12/2010; Trial briefs to be submitted by 10/12/2010; Pretrial Conference set for 10/18/2010 at 1:30 PM in Courtroom E before Judge Benjamin H. Settle. Authorized by Judge Benjamin H. Settle. (MGC) (Entered: 11/10/2009)

STIPULATION AND ORDER by Judge Benjamin H Settle re 7 Stipulation filed by Charles E. Weaver, Deborah A. Balvage, Raymond T. Balvage, Susan M. Weaver. (Attachments: # 1 Exhibit A)(TG) (Entered: 11/10/2009)

2 Exhibit A

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AMENDED COMPLAINT --CLASS ACTION FOR VIOLATION OF FEDERAL FAIR HOUSING ACT AND OTHER CLAIMS against defendant(s) Ryderwood Improvement and Service Association, Inc., filed by Raymond T. Balvage, Deborah A. Balvage, Charles E. Weaver, Susan M. Weaver.(Lynam, Joseph) (Entered: 11/11/2009)

Stipulated MOTION AND ORDER TO CONTINUE PLAINTIFFS' LRCR 23(i)(3) DEADLINE by Plaintiffs Raymond T. Balvage, Deborah A. Balvage, Charles E. Weaver, Susan M. Weaver. Noting Date 11/12/2009, (Lynam, Joseph) (Entered: 11/12/2009)

STIPULATION AND ORDER by Judge Benjamin H Settle re 12 Stipulated MOTION AND ORDER TO CONTINUE PLAINTIFFS' LRCR 23(i)(3) DEADLINE filed by Charles E. Weaver, Deborah A. Balvage, Raymond T. Balvage, Susan M. Weaver. Plaintiffs must file motion for class certification on or before 4/30/09. (TG) (Entered: 11/13/2009)

MOTION for Partial Summary Judgment Re Defendant's Violation for FHA and Non-Compliance with HOPA Exception by Plaintiffs Raymond T. Balvage, Deborah A. Balvage, Charles E. Weaver, Susan M. Weaver. (Attachments: # 1 Proposed Order Granting Plaintiffs' Motion for Partial Summary Judgment Re Defendant's Violation of FHA and Non-Compliance with HOPA Exception) Noting Date 4/2/2010, (Lynam, Joseph) (Entered: 03/11/2010)

2 Proposed Order Granting Plaintiffs' Motion for Partial Summary Judgment Re

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DECLARATION of Charles E. Weaver in Support of Plaintiffs' Motion for Partial Summary Judgment filed by Plaintiffs Raymond T. Balvage, Deborah A. Balvage, Charles E. Weaver, Susan M. Weaver re 14 MOTION for Partial Summary Judgment Re Defendant's Violation for FHA and Non-Compliance with HOPA Exception (Attachments: # 1 Exhibit A to Declaration of Charles E. Weaver, # 2 Exhibit B to Declaration of Charles E. Weaver, # 3 Exhibit C to the Declaration of Charles E. Weaver, # 4 Exhibit D to the Declaration of Charles E. Weaver, # 5 Exhibit E to the Declaration of Charles E. Weaver)(Lynam, Joseph) (Entered: 03/11/2010)

2 Exhibit A to Declaration of Charles E. Weaver

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3 Exhibit B to Declaration of Charles E. Weaver

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4 Exhibit C to the Declaration of Charles E. Weaver

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5 Exhibit D to the Declaration of Charles E. Weaver

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6 Exhibit E to the Declaration of Charles E. Weaver

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DECLARATION of Joseph E. Lynam in Support of Plaintiffs' Motion for Partial Summary Judgment filed by Plaintiffs Raymond T. Balvage, Deborah A. Balvage, Charles E. Weaver, Susan M. Weaver re 14 MOTION for Partial Summary Judgment Re Defendant's Violation for FHA and Non-Compliance with HOPA Exception (Attachments: # 1 Exhibit A to the Declaration of Joseph E. Lynam, # 2 Exhibit B to the Declaration of Joseph E. Lynam, # 3 Exhibit C to the Declaration of Joseph E. Lynam, # 4 Exhibit D to the Declaration of Joseph E. Lynam)(Lynam, Joseph) (Entered: 03/11/2010)

2 Exhibit A to the Declaration of Joseph E. Lynam

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3 Exhibit B to the Declaration of Joseph E. Lynam

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4 Exhibit C to the Declaration of Joseph E. Lynam

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5 Exhibit D to the Declaration of Joseph E. Lynam

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RESPONSE, by Defendant Ryderwood Improvement and Service Association, Inc., to 14 MOTION for Partial Summary Judgment Re Defendant's Violation for FHA and Non-Compliance with HOPA Exception. Oral Argument Requested. (Goldstein, Steven) (Entered: 03/29/2010)

DECLARATION of Richard D. Ross filed by Defendant Ryderwood Improvement and Service Association, Inc. re 14 MOTION for Partial Summary Judgment Re Defendant's Violation for FHA and Non-Compliance with HOPA Exception (Goldstein, Steven) (Entered: 03/29/2010)

DECLARATION of Sally Gene DeBriae filed by Defendant Ryderwood Improvement and Service Association, Inc. re 14 MOTION for Partial Summary Judgment Re Defendant's Violation for FHA and Non-Compliance with HOPA Exception (Goldstein, Steven) (Entered: 03/29/2010)

REPLY, filed by Plaintiffs Raymond T. Balvage, Deborah A. Balvage, Charles E. Weaver, Susan M. Weaver, TO RESPONSE to 14 MOTION for Partial Summary Judgment Re Defendant's Violation for FHA and Non-Compliance with HOPA Exception (Lynam, Joseph) (Entered: 04/01/2010)

Second DECLARATION of Joseph E. Lynam in Support of Plaintiffs' Motion for Partial SJ filed by Plaintiffs Raymond T. Balvage, Deborah A. Balvage, Charles E. Weaver, Susan M. Weaver re 14 MOTION for Partial Summary Judgment Re Defendant's Violation for FHA and Non-Compliance with HOPA Exception (Attachments: # 1 Exhibit A to Second Lynam Decl, # 2 Exhibit B to Second Lynam Decl, # 3 Exhibit C to Second Lynam Decl)(Lynam, Joseph) (Entered: 04/01/2010)

2 Exhibit A to Second Lynam Decl

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3 Exhibit B to Second Lynam Decl

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4 Exhibit C to Second Lynam Decl

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MOTION for Summary Judgment by Defendant Ryderwood Improvement and Service Association, Inc.. Oral Argument Requested. Noting Date 4/23/2010, (Goldstein, Steven) (Entered: 04/01/2010)

Second DECLARATION of Richard D. Ross filed by Defendant Ryderwood Improvement and Service Association, Inc. re 22 MOTION for Summary Judgment (Goldstein, Steven) (Entered: 04/01/2010)

DECLARATION of Sally Gene DeBriae filed by Defendant Ryderwood Improvement and Service Association, Inc. re 22 MOTION for Summary Judgment (Goldstein, Steven) (Entered: 04/01/2010)

NOTICE that the following is RE-NOTED: 22 MOTION for Summary Judgment. Filed by Defendant Ryderwood Improvement and Service Association, Inc.. Noting Date 4/30/2010, (Attachments: # 1 Corrected Defendants' Motion for Partial Summary Judgment)(Goldstein, Steven) (Entered: 04/05/2010)

2 Corrected Defendants' Motion for Partial Summary Judgment

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PRAECIPE re 25 Notice of Motion Re-Noted, changing noting date and name of document to Defendants' Motion for Partial Summary Judgment by Defendant Ryderwood Improvement and Service Association, Inc.. (Goldstein, Steven) (Entered: 04/05/2010)

PROPOSED ORDER (Unsigned) re 22 MOTION for Summary Judgment. (Goldstein, Steven) (Entered: 04/05/2010)

PRAECIPE to attach the Notice to the Court by Ed & Doris Ritzman that do not wish to be a part of this lawsuit. (CMG) (Entered: 04/08/2010)

RESPONSE, by Plaintiffs Raymond T. Balvage, Deborah A. Balvage, Charles E. Weaver, Susan M. Weaver, to 22 MOTION for Summary Judgment. Oral Argument Requested. (Attachments: # 1 Proposed Order Denying Defendant's Motion for Partial Summary Judgment)(Lynam, Joseph) (Entered: 04/26/2010)

2 Proposed Order Denying Defendant's Motion for Partial Summary Judgment

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DECLARATION of Joyce Adams in Opposition to Defendant's Motion for Partial Summary Judgment filed by Plaintiffs Raymond T. Balvage, Deborah A. Balvage, Charles E. Weaver, Susan M. Weaver re 22 MOTION for Summary Judgment (Lynam, Joseph) (Entered: 04/26/2010)

DECLARATION of Joseph E. Lynam in Opposition to Defendant's Motion for Partial Summary Judgment & Exhibit filed by Plaintiffs Raymond T. Balvage, Deborah A. Balvage, Charles E. Weaver, Susan M. Weaver re 22 MOTION for Summary Judgment (Lynam, Joseph) (Entered: 04/26/2010)

DECLARATION of Abraham K. Lorber in Opposition to Defendant's Motion for Partial Summary Judgment & Exhibits filed by Plaintiffs Raymond T. Balvage, Deborah A. Balvage, Charles E. Weaver, Susan M. Weaver re 22 MOTION for Summary Judgment (Lynam, Joseph) (Entered: 04/26/2010)

DECLARATION of Charles E. Weaver in Opposition to Defendant's Motion for Partial Summary Judgment filed by Plaintiffs Raymond T. Balvage, Deborah A. Balvage, Charles E. Weaver, Susan M. Weaver re 22 MOTION for Summary Judgment (Attachments: # 1 Exhibit A, pp 12-100, # 2 Exhibit A, pp 101-200, # 3 Exhibit A, pp 201-294; B & C)(Lynam, Joseph) (Entered: 04/26/2010)

2 Exhibit A, pp 12-100

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3 Exhibit A, pp 101-200

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4 Exhibit A, pp 201-294; B & C

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MOTION for Extension of Time PLAINTIFFS' MOTION TO EXTEND LRCR 23(i)(3) DEADLINE by Plaintiffs Raymond T. Balvage, Deborah A. Balvage, Charles E. Weaver, Susan M. Weaver. (Attachments: # 1 Proposed Order Granting Plaintiffs' Motion to Extend LRCR 23(i)(3) Deadline) Noting Date 5/5/2010, (Lorber, Abraham) (Entered: 04/26/2010)

2 Proposed Order Granting Plaintiffs' Motion to Extend LRCR 23(i)(3) Deadline

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NOTICE that the following is RE-NOTED: 34 MOTION for Extension of Time PLAINTIFFS' MOTION TO EXTEND LRCR 23(i)(3) DEADLINE. Filed by Plaintiffs Raymond T. Balvage, Deborah A. Balvage, Charles E. Weaver, Susan M. Weaver. Noting Date 5/7/2010, (Lynam, Joseph) (Entered: 04/27/2010)

MOTION to Amend Complaint and for Voluntary Dismissal of Class Action Claims by Plaintiffs Raymond T. Balvage, Deborah A. Balvage, Charles E. Weaver, Susan M. Weaver. (Attachments: # 1 Exhibit A to Plaintiffs' Motion to Amend Complaint, # 2 Proposed Order Granting Plaintiffs' Motion to Amend Complaint and for Voluntary Dismissal of Class Action Claims) Noting Date 5/14/2010, (Lynam, Joseph) (Entered: 04/28/2010)

2 Exhibit A to Plaintiffs' Motion to Amend Complaint

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3 Proposed Order Granting Plaintiffs' Motion to Amend Complaint and for Volun

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REPLY, filed by Defendant Ryderwood Improvement and Service Association, Inc., TO RESPONSE to 22 MOTION for Summary Judgment (Goldstein, Steven) (Entered: 04/30/2010)

Second DECLARATION of Richard D. Ross filed by Defendant Ryderwood Improvement and Service Association, Inc. re 22 MOTION for Summary Judgment (Attachments: # 1 Exhibit Exhibits C through N)(Goldstein, Steven) (Entered: 04/30/2010)

2 Exhibit Exhibits C through N

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ORDER by Judge Benjamin H Settle GRANTING 34 MOTION for Extension of Time PLAINTIFFS' MOTION TO EXTEND LRCR 23(i)(3) DEADLINE filed by Charles E. Weaver, Deborah A. Balvage, Raymond T. Balvage, Susan M. Weaver. (TG) (Entered: 05/17/2010)

ORDER by Judge Benjamin H Settle granting 36 Motion to Amend. Counsel is directed to e-file their Amended Complaint. (TG) (Entered: 05/27/2010)

Second AMENDED COMPLAINT for Violation of Federal Fair Housing Act and Other Claims against defendant(s) Ryderwood Improvement and Service Association, Inc., filed by Raymond T. Balvage, Deborah A. Balvage, Charles E. Weaver, Susan M. Weaver.(Lynam, Joseph) (Entered: 06/02/2010)

ORDER by Judge Benjamin H Settle granting in part and denying in part 14 Plaintiffs' Motion for Partial Summary Judgment; denying 25 Defendant's Motion for Summary Judgment.(TG) (Entered: 06/04/2010)

PRAECIPE by Gary Balch asking not to be included in class action lawsuit. (CMG) (Entered: 06/15/2010)

PRAECIPE by Lisa Balch asking not to be included in class action lawsuit. (CMG) (Entered: 06/15/2010)

PRAECIPE by Nathan Ablamis asking to not be included in the class action lawsuit. (CMG) (Entered: 06/15/2010)

PRAECIPE by Dorothy Ablamis asking to not be included in the class action lawsuit. (CMG) (Entered: 06/15/2010)

RETURN RECEIPT (Green Card) re service by certified mail executed upon Lane Powell and SWIFFT (CMG) (Entered: 06/15/2010)

MOTION for Preliminary Injunction by Plaintiffs Raymond T. Balvage, Deborah A. Balvage, Charles E. Weaver, Susan M. Weaver. (Attachments: # 1 Proposed Order Imposing Preliminary Injunction) Noting Date 7/9/2010, (Lynam, Joseph) (Entered: 06/17/2010)

2 Proposed Order Imposing Preliminary Injunction

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DECLARATION of Charles Weaver In Support Of Plaintiff's Motion For Preliminary Injunction filed by Plaintiffs Raymond T. Balvage, Deborah A. Balvage, Charles E. Weaver, Susan M. Weaver re 48 MOTION for Preliminary Injunction (Lynam, Joseph) (Entered: 06/17/2010)

MOTION for Reconsideration re 42 Order on Motion for Partial Summary Judgment, Order on Motion for Summary Judgment by Defendant Ryderwood Improvement and Service Association, Inc.. Oral Argument Requested. Noting Date 6/18/2010, (Goldstein, Steven) (Entered: 06/18/2010)

DECLARATION of Richard D. Ross filed by Defendant Ryderwood Improvement and Service Association, Inc. re 50 MOTION for Reconsideration re 42 Order on Motion for Partial Summary Judgment, Order on Motion for Summary Judgment (Goldstein, Steven) (Entered: 06/18/2010)

ORDER denying 50 Motion for Reconsideration and setting deadlines. Signed by Judge Benjamin H. Settle. (MGC) (Entered: 06/23/2010)

MOTION for Attorney Fees by Plaintiffs Raymond T. Balvage, Deborah A. Balvage, Charles E. Weaver, Susan M. Weaver. (Attachments: # 1 Proposed Order Granting Plaintiffs' Motion for Attorneys Fees) Noting Date 7/9/2010, (Lynam, Joseph) (Entered: 06/24/2010)

2 Proposed Order Granting Plaintiffs' Motion for Attorneys Fees

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DECLARATION of Charles E. Weaver In Support Of Plaintiffs' Motion For Attorneys Fees filed by Plaintiffs Raymond T. Balvage, Deborah A. Balvage, Charles E. Weaver, Susan M. Weaver re 53 MOTION for Attorney Fees (Lynam, Joseph) (Entered: 06/24/2010)

MOTION to Continue Motion For Continuance by Defendant Ryderwood Improvement and Service Association, Inc.. (Attachments: # 1 Proposed Order) Noting Date 7/16/2010, (Goldstein, Steven) (Entered: 06/30/2010)

2 Proposed Order

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DECLARATION of Steven Goldstein filed by Defendant Ryderwood Improvement and Service Association, Inc. re 55 MOTION to Continue Motion For Continuance (Goldstein, Steven) (Entered: 06/30/2010)

RESPONSE, by Defendant Ryderwood Improvement and Service Association, Inc., to 48 MOTION for Preliminary Injunction. Oral Argument Requested. (Goldstein, Steven) (Entered: 07/06/2010)

DECLARATION of Richard D. Ross filed by Defendant Ryderwood Improvement and Service Association, Inc. re 48 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N)(Goldstein, Steven) (Entered: 07/06/2010)

2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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7 Exhibit F

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8 Exhibit G

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9 Exhibit H

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10 Exhibit I

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11 Exhibit J

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12 Exhibit K

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13 Exhibit L

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14 Exhibit M

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15 Exhibit N

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DECLARATION of Sally-Gene Debriae filed by Defendant Ryderwood Improvement and Service Association, Inc. re 48 MOTION for Preliminary Injunction (Goldstein, Steven) (Entered: 07/06/2010)

RESPONSE, by Defendant Ryderwood Improvement and Service Association, Inc., to 53 MOTION for Attorney Fees. Oral Argument Requested. (Goldstein, Steven) (Entered: 07/06/2010)

RESPONSE, by Plaintiffs Raymond T. Balvage, Deborah A. Balvage, Charles E. Weaver, to 50 MOTION for Reconsideration re 42 Order on Motion for Partial Summary Judgment, Order on Motion for Summary Judgment. (Lynam, Joseph) (Entered: 07/07/2010)

DECLARATION of Charles E. Weaver In Opposition to RISA'S Motion for Leave to File for Discretionary Appeal filed by Plaintiffs Raymond T. Balvage, Deborah A. Balvage, Charles E. Weaver re 50 MOTION for Reconsideration re 42 Order on Motion for Partial Summary Judgment, Order on Motion for Summary Judgment (Lynam, Joseph) (Entered: 07/07/2010)

REPLY, filed by Plaintiffs Raymond T. Balvage, Deborah A. Balvage, Charles E. Weaver, Susan M. Weaver, TO RESPONSE to 48 MOTION for Preliminary Injunction (Lynam, Joseph) (Entered: 07/09/2010)

DECLARATION of Joseph E. Lynam in Support of Plaintiffs' Motion for Preliminary Injunction filed by Plaintiffs Raymond T. Balvage, Deborah A. Balvage, Charles E. Weaver, Susan M. Weaver re 48 MOTION for Preliminary Injunction (Lynam, Joseph) (Entered: 07/09/2010)

Second DECLARATION of Charles E. Weaver in Support of Plaintiffs' Motion for Preliminary Injunction filed by Plaintiffs Raymond T. Balvage, Deborah A. Balvage, Charles E. Weaver, Susan M. Weaver re 48 MOTION for Preliminary Injunction (Lynam, Joseph) (Entered: 07/09/2010)

PROPOSED ORDER (Unsigned) re 48 MOTION for Preliminary Injunction Amended Order Improsing Preliminary Injunction (Lynam, Joseph) (Entered: 07/09/2010)

REPLY, filed by Plaintiffs Raymond T. Balvage, Deborah A. Balvage, Charles E. Weaver, Susan M. Weaver, TO RESPONSE to 53 MOTION for Attorney Fees (Lynam, Joseph) (Entered: 07/09/2010)

REPLY, filed by Defendant Ryderwood Improvement and Service Association, Inc., TO RESPONSE to 50 MOTION for Reconsideration re 42 Order on Motion for Partial Summary Judgment, Order on Motion for Summary Judgment (Goldstein, Steven) (Entered: 07/09/2010)

DECLARATION of Richard D. Ross filed by Defendant Ryderwood Improvement and Service Association, Inc. re 50 MOTION for Reconsideration re 42 Order on Motion for Partial Summary Judgment, Order on Motion for Summary Judgment (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Goldstein, Steven) (Entered: 07/09/2010)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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RESPONSE, by Plaintiffs Deborah A. Balvage, Raymond T. Balvage, Charles E. Weaver, Susan M. Weaver, to 55 MOTION to Continue Motion For Continuance. (Lynam, Joseph) (Entered: 07/12/2010)

DECLARATION of Joseph E. Lynam in Opposition to RISA's Motion for Continuance filed by Plaintiffs Deborah A. Balvage, Raymond T. Balvage, Charles E. Weaver, Susan M. Weaver re 55 MOTION to Continue Motion For Continuance (Lynam, Joseph) (Entered: 07/12/2010)

REPLY, filed by Defendant Ryderwood Improvement and Service Association, Inc., TO RESPONSE to 55 MOTION to Continue Motion For Continuance (Goldstein, Steven) (Entered: 07/14/2010)

STIPULATION AND PROPOSED ORDER TO CONTINUE DISPOSITIVE MOTIONS CUTOFF DATE by parties. (Goldstein, Steven) (Entered: 08/03/2010)

STIPULATION AND ORDER by Judge Benjamin H Settle re 73 Stipulation filed by Ryderwood Improvement and Service Association, Inc. Dispositive motions due by 8/18/2010. (TG) (Entered: 08/04/2010)

ORDER by Judge Benjamin H Settle GRANTING 48 Motion for Preliminary Injunction; and DENYING 53 Motion for Attorney Fees.(TG) (Entered: 08/11/2010)

NOTICE of Hearing: Status Conference/In-court Hearing set for 8/26/2010 at 1:30 PM in Courtroom E before Judge Benjamin H. Settle. (MGC) (Entered: 08/12/2010)

MOTION for Partial Summary Judgment Regarding Authority to Enforce Bylaws by Defendant Ryderwood Improvement and Service Association, Inc.. Oral Argument Requested. Noting Date 9/3/2010, (Goldstein, Steven) (Entered: 08/12/2010)

DECLARATION of Richard D. Ross filed by Defendant Ryderwood Improvement and Service Association, Inc. re 77 MOTION for Partial Summary Judgment Regarding Authority to Enforce Bylaws (Attachments: # 1 Exhibit A-E, # 2 Exhibit F-J, # 3 Exhibit K-O, # 4 Exhibit P-T, # 5 Exhibit U-X)(Goldstein, Steven) (Entered: 08/12/2010)

1 Exhibit A-E

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2 Exhibit F-J

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3 Exhibit K-O

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4 Exhibit P-T

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5 Exhibit U-X

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NOTICE OF APPEAL #10-35714 as to 75 Order on Motion for Preliminary Injunction, Order on Motion for Attorney Fees, 42 Order on Motion for Partial Summary Judgment, Order on Motion for Summary Judgment by Defendant Ryderwood Improvement and Service Association, Inc.. Filing Fee $455, Receipt number 0981-2157041. (Attachments: # 1 Exhibit, # 2 Exhibit)(Goldstein, Steven) Modified on 8/26/2010-add appeal number (MW). (Entered: 08/13/2010)

1 Exhibit

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2 Exhibit

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REPRESENTATION STATEMENT, by Defendant Ryderwood Improvement and Service Association, Inc., (re: 79 Notice of Appeal,.) (Goldstein, Steven) (Entered: 08/13/2010)

CERTIFICATE re 80 Representation Statement, 79 Notice of Appeal, CERTIFICATE NO TRANSCRIPT WILL BE ORDERED by Defendant Ryderwood Improvement and Service Association, Inc.. (Goldstein, Steven) (Entered: 08/13/2010)

ERRATA re 77 MOTION for Partial Summary Judgment Regarding Authority to Enforce Bylaws by Defendant Ryderwood Improvement and Service Association, Inc.. (Attachments: # 1 Errata)(Goldstein, Steven) (Entered: 08/13/2010)

1 Errata

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PROPOSED ORDER (Unsigned) re 77 MOTION for Partial Summary Judgment Regarding Authority to Enforce Bylaws. (Goldstein, Steven) (Entered: 08/13/2010)

APPEAL NOTIFICATION packet sent to US Court of Appeals re 79 Notice of Appeal, (Attachments: # 1 docket report)(MW) (Entered: 08/13/2010)

1 docket report

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ORDER of USCA as to 79 Notice of Appeal #10-35714, filed by Ryderwood Improvement and Service Association, Inc.; appeal filed 8/13/10 is a preliminary injunction appeal; parties to make arrangements to obtain transcript; BRIEFING SCHEDULE: opening brief is due by 9/10/10; answering brief is due 10/8/10; opt reply due w/in 14 days; if aplt fails to file timely opening brief, appeal will be dismissed (MW) (Entered: 08/26/2010)

MOTION for Partial Summary Judgment Regarding Punitive Damages by Defendant Ryderwood Improvement and Service Association, Inc.. (Attachments: # 1 Proposed Order) Noting Date 9/10/2010, (Goldstein, Steven) (Entered: 08/18/2010)

1 Proposed Order

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DECLARATION of Richard D. Ross filed by Defendant Ryderwood Improvement and Service Association, Inc. re 85 MOTION for Partial Summary Judgment Regarding Punitive Damages (Goldstein, Steven) (Entered: 08/18/2010)

MINUTE ENTRY for Status Conference held on 8/26/2010 before Judge Benjamin H. Settle - Dep Clerk: G. Craft; Pla Counsel: Joseph Lynam; Def Counsel: Steven Goldstein, Richard Ross; CR: Teri Hendrix; Time of Hearing: 1:30; Courtroom: E; Court grants RISA's motion for discretionary appeal; this case is STAYED, with the exception of 77 - pending motion for summary judgment; the Court will schedule a settlement conference for the parties. (MGC) (Entered: 08/27/2010)

RESPONSE, by Plaintiffs Joyce Marie Adams, Luvern Harland Allen, Edgar Ames, Darla Jean Baker, James Alvin Baker, Deborah A. Balvage, Raymond T. Balvage, Sharon Marie Banta, Ralph Alvin Barfell, Jr, Janie Kay Bodine, Ray Bodine, Margaret Louise Braga, Richard Anthony Braga, Jr, Charles Thomas Caldwell, Sandi Kay Caldwell, Karen Campbell, Laren Willbur Coleman, Pamela Denise Coleman, Alvin Dee Colpitts, Corabelle Colpitts, Betty Gene Donoghue, Elizabeth Elaine Dupree, Joyce Elain Fischer, Jeannette H Headen, Carol Nadine Huestis, Glenn Richard Huestis, Barbara Jean Joy, Miriam Margaret Kennedy-Allen, Ethel May Kolb, Gerald Blair Kolb, Alfred Wesley Leach, Gloria Eileen Leach, Carolyn L Morris, Raymond Ernest Morris, Arnold Nadeau, Barbara Louise Pepper, Bob Pistone, Doris Pistone, Sharon Powell, Vern Powell, Earleen M Rutherford, Charles John Santineau, Lucas John Shimmin, Diane Smith, Don Smith, Donald Neil Stroud, Sharon Lee Stroud, Charles E. Weaver, Susan M. Weaver, Janet Marie West, Walter Gordon West, Beverly White, Bob White, Diane White, to 77 MOTION for Partial Summary Judgment Regarding Authority to Enforce Bylaws. (Attachments: # 1 Proposed Order)(Lynam, Joseph) (Entered: 08/30/2010)

1 Proposed Order

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DECLARATION of Charles E. Weaver in Opposition to RISA's Motion for Partial Summary Judgment Re Authority to Enforce Bylaws and Exhibits filed by Plaintiffs Joyce Marie Adams, Luvern Harland Allen, Edgar Ames, Darla Jean Baker, James Alvin Baker, Deborah A. Balvage, Raymond T. Balvage, Sharon Marie Banta, Ralph Alvin Barfell, Jr, Janie Kay Bodine, Ray Bodine, Margaret Louise Braga, Richard Anthony Braga, Jr, Charles Thomas Caldwell, Sandi Kay Caldwell, Karen Campbell, Laren Willbur Coleman, Pamela Denise Coleman, Alvin Dee Colpitts, Corabelle Colpitts, Betty Gene Donoghue, Elizabeth Elaine Dupree, Joyce Elain Fischer, Jeannette H Headen, Carol Nadine Huestis, Glenn Richard Huestis, Barbara Jean Joy, Miriam Margaret Kennedy-Allen, Ethel May Kolb, Gerald Blair Kolb, Alfred Wesley Leach, Gloria Eileen Leach, Carolyn L Morris, Raymond Ernest Morris, Arnold Nadeau, Barbara Louise Pepper, Bob Pistone, Doris Pistone, Sharon Powell, Vern Powell, Earleen M Rutherford, Charles John Santineau, Lucas John Shimmin, Diane Smith, Don Smith, Donald Neil Stroud, Sharon Lee Stroud, Charles E. Weaver, Susan M. Weaver, Janet Marie West, Walter Gordon West, Beverly White, Bob White, Diane White re 77 MOTION for Partial Summary Judgment Regarding Authority to Enforce Bylaws (Lynam, Joseph) (Entered: 08/30/2010)

DECLARATION of Abraham K. Lorber in Opposition to RISA's Motion for Partial Summary Judgment Re Authority to Enforce Bylaws filed by Plaintiffs Joyce Marie Adams, Luvern Harland Allen, Edgar Ames, Darla Jean Baker, James Alvin Baker, Deborah A. Balvage, Raymond T. Balvage, Sharon Marie Banta, Ralph Alvin Barfell, Jr, Janie Kay Bodine, Ray Bodine, Margaret Louise Braga, Richard Anthony Braga, Jr, Charles Thomas Caldwell, Sandi Kay Caldwell, Karen Campbell, Laren Willbur Coleman, Pamela Denise Coleman, Alvin Dee Colpitts, Corabelle Colpitts, Betty Gene Donoghue, Elizabeth Elaine Dupree, Joyce Elain Fischer, Jeannette H Headen, Carol Nadine Huestis, Glenn Richard Huestis, Barbara Jean Joy, Miriam Margaret Kennedy-Allen, Ethel May Kolb, Gerald Blair Kolb, Alfred Wesley Leach, Gloria Eileen Leach, Carolyn L Morris, Raymond Ernest Morris, Arnold Nadeau, Barbara Louise Pepper, Bob Pistone, Doris Pistone, Sharon Powell, Vern Powell, Earleen M Rutherford, Charles John Santineau, Lucas John Shimmin, Diane Smith, Don Smith, Donald Neil Stroud, Sharon Lee Stroud, Charles E. Weaver, Susan M. Weaver, Janet Marie West, Walter Gordon West, Beverly White, Bob White, Diane White re 77 MOTION for Partial Summary Judgment Regarding Authority to Enforce Bylaws (Attachments: # 1 Exhibit Ex A, # 2 Exhibit Ex B Part 1, # 3 Exhibit Ex B Part 2)(Lynam, Joseph) (Entered: 08/30/2010)

1 Exhibit Ex A

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2 Exhibit Ex B Part 1

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3 Exhibit Ex B Part 2

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ORDER by Judge Benjamin H Settle granting Defendant's motion for discretionary appeal and granting in part Defendant's request for a stay pending appeal. Hearings, deadlines and motions terminated except for Dkt. 77 (RISA's pending motion for partial summary judgment). Court to schedule settlement conference before U.S. Magistrate Judge. (TG) (Entered: 09/01/2010)

SCHEDULING ORDER for Settlement Conference: This matter has been referred to Judge Arnold to conduct a SETTLEMENT CONFERENCE. Settlement briefs/memorandums are due in chambers on 9/27/2010 by 4:00 PM. The briefs should contain a statement of the facts, issues for trial, the law, strengths and weaknesses of the parties' case, each party's position after mediation held in this matter and a settlement figure. The briefs/memorandums should be delivered to Judge Arnold's chambers or submitted by fax to (253)882-3861 or submitted by e-mail to allyson_swan@wawd.uscourts.gov. BRIEFS ARE TO BE CONFIDENTIAL AND NOT FILED WITH THE COURT OR SERVED ON OPPOSING COUNSEL. In addition to counsel, parties and representatives who have authority to settle are directed to be present in person. Settlement Conference set for 9/30/2010 at 09:00 AM in C Courtroom before Judge J. Kelley Arnold; by Judge J. Kelley Arnold. (AS) (Entered: 09/02/2010)

REPLY, filed by Defendant Ryderwood Improvement and Service Association, Inc., TO RESPONSE to 77 MOTION for Partial Summary Judgment Regarding Authority to Enforce Bylaws (Goldstein, Steven) (Entered: 09/03/2010)

DECLARATION of Richard D. Ross filed by Defendant Ryderwood Improvement and Service Association, Inc. re 77 MOTION for Partial Summary Judgment Regarding Authority to Enforce Bylaws (Attachments: # 1 Exhibit A-E, # 2 Exhibit F-J, # 3 Exhibit K-O, # 4 Exhibit P-T, # 5 Exhibit U-Y, # 6 Exhibit Z-DD, # 7 Exhibit EE-GG)(Goldstein, Steven) (Entered: 09/03/2010)

1 Exhibit A-E

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2 Exhibit F-J

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3 Exhibit K-O

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4 Exhibit P-T

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5 Exhibit U-Y

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6 Exhibit Z-DD

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7 Exhibit EE-GG

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ORDER of USCA as to 79 Notice of Appeal #10-35714, filed by Ryderwood Improvement and Service Association, Inc.; this is a preliminary injunction appeal; aplt's mtn to stay pending appeal the district court's 8/11/10 preliminary injunction is granted; aples' mtn to dismiss will be addressed by separate order (MW) (Entered: 09/07/2010)

MINUTE ORDER referring case for settlement conference on 9/30/10. (MGC) (Entered: 09/08/2010)

AMENDED SCHEDULING ORDER for Settlement Conference: This matter has been referred to Judge Arnold to conduct a SETTLEMENT CONFERENCE. Settlement briefs/memorandums are due in chambers on 9/29/2010 by 4:00 PM. The briefs should contain a statement of the facts, issues for trial, the law, strengths and weaknesses of the parties' case, each party's position after mediation held in this matter and a settlement figure. The briefs/memorandums should be delivered to Judge Arnold's chambers or submitted by fax at (253)882-3881 or submitted by e-mail to allyson_swan@wawd.uscourts.gov. BRIEFS ARE TO BE CONFIDENTIAL AND NOT FILED WITH THE COURT OR SERVED ON OPPOSING COUNSEL. In addition to counsel, parties and representatives who have authority to settle are directed to be present in person. Settlement Conference set for 10/5/2010 at 09:00 AM in C Courtroom before Judge J. Kelley Arnold. by Judge J. Kelley Arnold. (AS) (Entered: 09/08/2010)

Appeal Remark: ltr from CCA re petition for permission to appeal under 1292(b) #10-80186(MW) (Entered: 09/17/2010)

ORDER by Judge Benjamin H Settle GRANTING 77 Motion for Partial Summary Judgment.(TG) (Entered: 09/21/2010)