Charles Garcia
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Entered | Case | Description |
|---|---|---|
| 12/20/24 | ORDER REGARDING AMOUNT OF SANCTIONS [247] by Judge Mark C. Scarsi: On July 9, 2024, the Court issued an order imposing sanctions on Plaintiff, Upstream Holdings and its counsel under 28 U.S.C. § 1927. (Order, ECF No. 244.). Defendants Steven C. Brekunitch, Eric J. Mortenson, Brek Leasing, LLC, Charles Garcia, Martin Lopez Sr., Carlos Lopez, and M&M Machinery then filed a statement of costs.("Statement," ECF No. 247.) Upstream filed objections to the Statement ECF No. 249).1 The Court considers the reasonableness of the Statement below (SEE DOCUMENT FOR SPECIFICS). Mr. Vegh's billing rate of $400/hour is reasonable and the remaining time entries include sufficient detail. ECF No. 247-1 3 (disclosing rate of $400/hour). The billing rates for the Stream Kim attorneys are also reasonable. ECF No. 247-6 4 (disclosing rates from $240 to $550 /hour). Accordingly, the adjusted amount of fees is appropriate. Upstream and its counsel shall reimburse Defendants $48,240 incurred in bringing the summary judgment motion, the six motions involving misrepresentations about the video footage, and the fee motion. (lc) (Entered: 12/20/2024) | |
| 12/17/24 | ORDER from Federal Circuit Court of Appeals filed. CCA # 2024-1924, 2024-2143. IT IS ORDERED THAT: (1) The motion, ECF No. 29, is granted to the extent that the briefing schedule in these appeals remains stayed. (2) Appellants premature opening briefs, ECF No. 27 and 30, are not accepted for filing. (3) Within 30 days from the date of entry of this order, or 14 days from the date of entry of the district courts sanctions calculation, whichever is sooner, the parties are directed to inform this court how they believe these appeals should proceed. [See document for all details.](mat) (Entered: 12/17/2024) | |
| 09/06/24 | ORDER DENYING PLAINTIFFS' MOTION FOR RECONSIDERATION [248] by Judge Mark C. Scarsi: Defendants Steven C. Brekunitch, Eric J. Mortenson, Brek Leasing, LLC,Charles Garcia, Martin Lopez Sr., Carlos Lopez, and M&M Machinery moved to recover fees and costs from Plaintiff, Upstream Holdings, LLC as well as the counterclaim defendants (the "Bachmans"), and Upstream's counsel. ("Fee Motion," ECF No. 238.) The Court granted the Fee Motion in part, imposing sanctions under 28 U.S.C. § 1927, but declining to award fees or sanctions under either Fed. R. Civ. P. 11 or 35 U.S.C. § 285. ("Fee Order," ECF No. 244.) Upstream then filed a motion for reconsideration of the Fee Order. ("Motion," ECF No. 248). Defendants filed an opposition. ("Opp'n," ECF No. 252). Upstream did not file a reply. The Court DENIES Upstream's Motion (SEE DOCUMENT SPECIFICS). (lc) (Entered: 09/06/2024) | |
| 08/27/24 | MINUTES of Motion for Reconsideration re: Order on Motion for Attorney Fees (ECF No. [248] ) hearing held before Judge Mark C. Scarsi. Counsel NOT present. Court will issue ruling on the papers. Attorney for Plaintiff(s): NOT Present. Attorney for Defendant(s): NOT Present. Courtroom Deputy: Stephen Montes Kerr. Time in Court: 1 min. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. Court Reporter: CourtSmart. (smo) (Entered: 08/27/2024) | |
| 08/26/24 | RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: Miscellaneous Document (Motion to Continue) [253] by Judge Mark C. Scarsi. The document is stricken. (smo) (Entered: 08/26/2024) | |
| 08/26/24 | NOTICE TO FILER OF DEFICIENCIES in Electronic Filed Document RE: Miscellaneous Document, [253] by Upstream Holdings, LLC, by and through counsel and James E.Bachman, pro se. The following error(s) was/were found: Proposed document was not submitted or was not submitted as a separate attachment. Incorrect event selected. Correct event to be used is: Request: Order. incorrect event does not provide the relief sought. Missing proposed order which should have been an attachment. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lc) (Entered: 08/26/2024) | |
| 08/25/24 | Motion to Continue Hearing filed by Counter Defendants Adella Bachman, Andrew Bachman, Eric Bachman, James Bachman, Contractor Metals, LLC, Midway Metals LLC, Upstream Holdings, LLC, Plaintiff Upstream Holdings, LLC re: NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion for Attorney Fees,, [244] [248] , Objection [249] (Bachman, James) (Entered: 08/25/2024) | |
| 08/05/24 | MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion for Attorney Fees,, 244 248 filed by Defendants Brek Leasing, LLC, Steven C. Brekunitch, Charles Garcia, Carlos Lopez, Martin Lopez, Sr., M and M Machinery, Eric J. Mortenson, Counter Claimants Brek Leasing, LLC, Steven C. Brekunitch, Charles Garcia, Carlos Lopez, Eric J. Mortenson. (Vegh, Stephen) (Entered: 08/05/2024) | |
| 08/05/24 | MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion for Attorney Fees,, 244 248 filed by Defendants Brek Leasing, LLC, Steven C. Brekunitch, Charles Garcia, Carlos Lopez, Martin Lopez, Sr., M and M Machinery, Eric J. Mortenson, Counter Claimants Brek Leasing, LLC, Steven C. Brekunitch, Charles Garcia, Carlos Lopez, Eric J. Mortenson. (Vegh, Stephen) (Entered: 08/05/2024) | |
| 07/31/24 | NOTIFICATION from Federal Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 2024-2143 assigned to Notice of Appeal to Federal Circuit Court of Appeals, 250 as to counter defendants Adella Bachman, Andrew Bachman, Eric Bachman, James Bachman, Contractor Metals, LLC, Midway Metals LLC, Upstream Holdings, LLC. (mat) (Entered: 07/31/2024) |