Baluma, S.A. v. Chow

2:20-cv-01752 | Nevada District Court

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Division Las Vegas
Judge Judge Kent J. Dawson
Filed Sept. 21, 2020
Terminated March 24, 2022
Case Flags CLOSED
Magistrate Magistrate Judge Elayna J. Youchah
Nature of Suit 190 Contract - Other
Cause 28:1332 Diversity-Breach of Contract
Jury Demand Defendant
Last Updated: 5 months ago Show Interactive Timeline
Filing Date # Docket Text
3/20/2023
  • Motion for Judgment
JUDGMENT on Attorney Fees in favor of Baluma, S.A. against Johnny Chun-Yu Chow in the amount of $332,771.50, the total of the attorneys fees, costs and interest. Signed by Clerk of Court Debra K. Kempi on 3/20/2023. (Copies have been distributed pursuant to the NEF - TRW) (Entered: 03/20/2023)
3/20/2023
  • Motion for Attorney FeesGranted
ORDER Granting 29 Motion for Attorney Fees. IT IS FURTHER ORDERED that the Clerk of the Court enter JUDGMENT for Plaintiff and against Defendant in the amount of $332,771.50, the total of the attorneys fees, costs and interest. Signed by Judge Kent J. Dawson on 3/20/2023. (Copies have been distributed pursuant to the NEF - TRW) (Entered: 03/20/2023)
5/5/2022COSTS TAXED in the amount of $3,526.60 against Defendant Johnny Chun-Yu Chow re 30 Bill of Costs. BILL OF COSTS by Plaintiff Baluma, S.A. Objection to Bill of Costs due by 5/19/2022. Tax Bill of Costs by 5/26/2022. (YAW) Modified type of document, text and terminated incorrect deadline on 5/9/2022. NEF regenerated. (YAW). Modified on 5/9/2022 (YAW). (Entered: 05/06/2022)
4/12/2022 CERTIFICATE OF SERVICE for 30 Bill of Costs, 29 Motion for Attorney Fees, by Plaintiff Baluma, S.A., Counter Defendant Baluma, S.A.. (Miltenberger, Christopher) (Entered: 04/12/2022)
4/7/2022 BILL OF COSTS by Plaintiff Baluma, S.A., Counter Defendant Baluma, S.A.. Objection to Bill of Costs due by 4/21/2022. Tax Bill of Costs by 4/28/2022. (Attachments: # 1 Exhibit 1 - Spreadsheet of Costs, # 2 Exhibit 2 - Cost Related Invoices) (Miltenberger, Christopher) (Entered: 04/07/2022)
4/7/2022
  • Motion for Attorney Feesby Π
MOTION for Attorney Fees Costs and Interest re 28 Judgment, by Plaintiff Baluma, S.A., Counter Defendant Baluma, S.A.. Responses due by 4/21/2022. (Attachments: # 1 Exhibit 1 - Credit Fact Sheet, # 2 Exhibit 2 - Draw Requests, # 3 Exhibit 3 - Declaration of Christopher R. Miltenberger, # 4 Exhibit 4 - Fees Spreadsheet, # 5 Exhibit 5 - Biographies, # 6 Exhibit 6 - Markers) (Miltenberger, Christopher) (Entered: 04/07/2022)
3/24/2022
  • Motion for Judgment
JUDGMENT is entered in the amount of $550,000.00 in favor of Plaintiff/Counterdefendant Baluma, S.A. dba Enjoy Punta del Este & Casino, and against Defendant/Counterclaimant Johnny Chun-Yu Chow. Signed by Clerk of Court Debra K. Kempi on 3/24/2022. (Copies have been distributed pursuant to the NEF - YAW) (Entered: 03/24/2022)
3/24/2022
  • Order
ORDER. IT IS HEREBY ORDERED that Plaintiff/Counterdefendant's Motion for Summary Judgment (ECF No. 17 ) is GRANTED; IT IS FURTHER ORDERED that the Clerk of the Court enter JUDGMENT in the amount of $550,000.00 in favor of Plaintiff and against Defendant. Signed by Judge Kent J. Dawson on 3/24/2022. (Copies have been distributed pursuant to the NEF - YAW) (Entered: 03/24/2022)
11/24/2021
  • Motion to Withdraw as CounselGranted
ORDER granting 25 Motion to Withdraw as Attorney - Michael Edwards and Nicholas Hamilton withdrawn from the case. Signed by Magistrate Judge Elayna J. Youchah on 11/24/2021. (Copies have been distributed pursuant to the NEF - DRS) (Entered: 11/24/2021)
11/15/2021
  • Motion to Withdraw as Counselby Δ
MOTION to Withdraw as Attorney by Michael M. Edwards for Defendant Johnny Chun-Yu Chow. (Edwards, Michael) (Entered: 11/15/2021)
11/15/202124 CLERK'S NOTICE. Attorney Action Required to ECF No. 23 . Document was not filed pursuant to LR IC 2-2(c). The wrong event was selected. The title of the docket entry does not match the title of the document. Counsel is advised to refile ECF No. 23 using the appropriate docket entry title Motion withdraw as attorney" event located under the Representation and Appearance category. Document 23 terminated as filed in error.
(no image attached) (DKJ) (Entered: 11/15/2021)
11/15/2021 ERROR Wrong event selected. Attorney advised to refile correctly.

MOTION Motion To Withdraw As Counsel For Defendant Johnny Chun-Yu Chow by Defendant Johnny Chun-Yu Chow. Responses due by 11/29/2021. (Edwards, Michael) (Entered: 11/15/2021)

6/17/2021
  • Motion for Summary Judgmentby Π
REPLY to Response to 17 Motion for Summary Judgment,, by Plaintiff Baluma, S.A., Counter Defendant Baluma, S.A.. (Miltenberger, Christopher) (Entered: 06/17/2021)
5/24/2021
  • Motion for Summary Judgmentby Δ
RESPONSE to 17 Motion for Summary Judgment,, by Defendant Johnny Chun-Yu Chow, Counter Claimant Johnny Chun-Yu Chow. Replies due by 6/7/2021. (Attachments: # 1 Exhibit A - Part 1, # 2 Exhibit A - Part 2, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D) (Edwards, Michael) (Entered: 05/24/2021)
5/12/2021
  • Motion to Extend TimeGranted
ORDER Granting 19 Stipulation for Extension of Time (First Request) re 17 Motion for Summary Judgment by Defendant Johnny Chun-Yu Chow. Responses due by 5/24/2021. Replies due by 6/17/2021. Signed by Judge Kent J. Dawson on 5/12/2021. (Copies have been distributed pursuant to the NEF - YAW) (Entered: 05/13/2021)
5/7/2021
  • Motion to Extend Timeby Δ
First STIPULATION FOR EXTENSION OF TIME (First Request) re 17 Motion for Summary Judgment,, by Defendant Johnny Chun-Yu Chow. (Edwards, Michael) (Entered: 05/07/2021)
4/21/2021 DECLARATION of Christopher R. Miltenberger re 17 Motion for Summary Judgment,, by Plaintiff Baluma, S.A., Counter Defendant Baluma, S.A.. (Miltenberger, Christopher) (Entered: 04/21/2021)
4/21/2021
  • Motion for Summary Judgmentby Π
MOTION for Summary Judgment by Plaintiff Baluma, S.A., Counter Defendant Baluma, S.A.. Responses due by 5/12/2021. (Attachments: # 1 Exhibit 1 - Credit Application, # 2 Exhibit 2 - Defendant's Response to First Request for Admissions, # 3 Exhibit 3 - Credit Fact Sheet, # 4 Exhibit 4 - Excerpts of Defendant's Deposition, # 5 Exhibit 5 - Draw Requests, # 6 Exhibit 6 - Markers, # 7 Exhibit 7 - Declaration of Juan Carlos Bayeto, # 8 Exhibit 8 - Independent Agent Contract) (Miltenberger, Christopher) (Entered: 04/21/2021)
4/7/2021
  • Motion to Appear Pro Hac ViceGranted
ORDER Granting 12 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Jon Polenberg for Johnny Chun-Yu Chow and approving Designation of Local Counsel Michael Edwards. Signed by Judge Kent J. Dawson on 4/7/2021.
Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website www.nvd.uscourts.gov
(Copies have been distributed pursuant to the NEF - MR) (Entered: 04/07/2021)
3/15/2021
  • Answerby Π
Baluma, S.A.'s ANSWER to 14 Answer to Complaint,, Counterclaim, filed by Baluma, S.A..(Miltenberger, Christopher) (Entered: 03/15/2021)
2/22/2021
  • Answer
ANSWER to Complaint (, Discovery Plan/Scheduling Order due by 4/8/2021.), COUNTERCLAIM against All Plaintiffs by Johnny Chun-Yu Chow. filed by Johnny Chun-Yu Chow.(Edwards, Michael)

NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. (Entered: 02/22/2021)

2/8/2021
  • Motion to Dismiss (Demurrer)Denied
ORDER Denying 3 Motion to Dismiss. Signed by Judge Kent J. Dawson on 2/8/2021. (Copies have been distributed pursuant to the NEF - DRS) (Entered: 02/08/2021)
2/8/2021
  • Motionby Δ
MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Jon Polenberg and DESIGNATION of Local Counsel Michael Edwards (Filing fee $ 250 receipt number 0978-6360641) by Defendant Johnny Chun-Yu Chow. (Edwards, Michael) (Entered: 02/08/2021)
10/20/2020
  • Motion to Dismiss (Demurrer)by Δ
REPLY to Response to 3 Motion to Dismiss by Defendant Johnny Chun-Yu Chow. (Edwards, Michael) (Entered: 10/20/2020)
10/16/202010 NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC § 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - www.nvd.uscourts.gov. AO 85 Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (A copy of form AO 85 has been mailed to parties not receiving electronic service.) (no image attached) (JM) (Entered: 10/16/2020)
10/16/2020
  • Scheduling OrderGranted
SCHEDULING ORDER granting 8 Discovery Plan and Scheduling Order. Discovery due by 3/22/2021. Motions due by 4/21/2021. Proposed Joint Pretrial Order due by 5/21/2021. Signed by Magistrate Judge Elayna J. Youchah on 10/16/2020.(Copies have been distributed pursuant to the NEF - JM) (Entered: 10/16/2020)
10/15/2020Joint Proposed Discovery Plan and Scheduling Order by Plaintiff Baluma, S.A.. (Miltenberger, Christopher) (Entered: 10/15/2020)
10/15/2020 Joint STATUS REPORT by Plaintiff Baluma, S.A.. (Miltenberger, Christopher) (Entered: 10/15/2020)
10/13/2020 CERTIFICATE of Interested Parties by Baluma, S.A. that identifies all parties that have an interest in the outcome of this case. Corporate Parent Enjoy Consultora S.A.,, Corporate Parent Enjoy Guarantee Trust, Corporate Parent Enjoy Gestion Limitada, Other Affiliate TMF Trust Company (Uruguay) S.A., Other Affiliate UMB Bank, N.A. for Baluma, S.A. added. (Miltenberger, Christopher) (Entered: 10/13/2020)
10/13/2020
  • Motion to Dismiss (Demurrer)by Π
RESPONSE to 3 Motion to Dismiss by Plaintiff Baluma, S.A.. Replies due by 10/20/2020. (Attachments: # 1 Exhibit 1 - Credit Fact Sheet, # 2 Exhibit 2 - Draw Request, July 18, 2019, # 3 Exhibit 3 - Draw Request, July 21, 2019, # 4 Exhibit 4 - Draw Request, July 22, 2019, # 5 Exhibit 5 - Draw Request, August 5, 2019) (Miltenberger, Christopher) (Entered: 10/13/2020)
10/8/2020 STATEMENT REGARDING REMOVAL by Defendant Johnny Chun-Yu Chow. (Edwards, Michael) (Entered: 10/08/2020)
9/28/2020
  • Motion to Dismiss (Demurrer)by Δ
MOTION to Dismiss by Defendant Johnny Chun-Yu Chow. Responses due by 10/12/2020. (Edwards, Michael) (Entered: 09/28/2020)
9/23/2020
  • Order
MINUTE ORDER IN CHAMBERS of the Honorable Judge Kent J. Dawson on 9/23/2020. Statement regarding removed action is due by 10/8/2020. Joint Status Report regarding removed action is due by 10/23/2020. (Copies have been distributed pursuant to the NEF - JM) (Entered: 09/23/2020)
9/22/2020
  • Motion
PETITION FOR REMOVAL by Johnny Chun-Yu Chow. (Attachments: # 1 Complaint, # 2 Receipt #NVLAS071954) (JM) (Entered: 09/23/2020)
9/21/2020Case randomly assigned to Judge Kent J. Dawson and Magistrate Judge Elayna J. Youchah. (JM) (Entered: 09/23/2020)