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ESTATE OF MICHAEL COHEN, 21-4-00122-9, #56712610 (Washington State, Pierce County, Superior Court Mar. 18, 2022)
Type of Case: EST Estimated Trial (days): Track Assignment: Court Review - 12 Months Assigned Department: 23 - Judge ANDRE M. PENALVER 04/15/22 09:00 Mandatory-Court Review Hrg Unless otherwise instructed, ALL Attorneys/Parties shall report to the trial court at 9:00 AM on.
All attorneys and parties shall make themselvesfamiliar with the Pierce County Local Rules, particularly thoserelating to case scheduling.
Compliance with the scheduling rules is mandatory and failure to comply shall result in sanctions appropriate to the violation.
Type of Case: EST Estimated Trial (days): Track Assignment: Court Review - 12 Months Assigned Department: 23 - Judge ANDRE M. PENALVER
STUART CHARLES MORGAN, Atty Y Page 1 of 1
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ESTATE OF MICHAEL COHEN, 21-4-00122-9, #56712610 (Washington State, Pierce County, Superior Court Mar. 18, 2022)
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ESTATE OF MICHAEL COHEN, 21-4-00122-9, #56712610 (Washington State, Pierce County, Superior Court Mar. 18, 2022)
Type of Case: EST Estimated Trial (days): Track Assignment: Court Review - 12 Months Assigned Department: 23 - Judge ANDRE M. PENALVER 04/15/22 09:00 Mandatory-Court Review Hrg Unless otherwise instructed, ALL Attorneys/Parties shall report to the trial court at 9:00 AM on.
All attorneys and parties shall make themselvesfamiliar with the Pierce County Local Rules, particularly thoserelating to case scheduling.
Compliance with the scheduling rules is mandatory and failure to comply shall result in sanctions appropriate to the violation.
Type of Case: EST Estimated Trial (days): Track Assignment: Court Review - 12 Months Assigned Department: 23 - Judge ANDRE M. PENALVER
STUART CHARLES MORGAN, Atty Y Page 1 of 1
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ESTATE OF MICHAEL COHEN, 21-4-00122-9, #56712610 (Washington State, Pierce County, Superior Court Mar. 18, 2022)
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Dreamscapes Landscape & Design LLC v. Bell's Machine Shop Ltd, 3:21-cv-05159, No. 18 (W.D.Wash. Mar. 1, 2022)
Motion to Dismiss (Demurrer)Partial
Plaintiff Dreamscapes Landscaping and Design, LLC is a Washington company that agreed to purchase an 8000 Series Circular Saw Firewood Processor from Eastonmade in May 2020 for $161,300.
Dreamscapes amended its complaint, dropping the CPA claims, and adding facts and allegations regarding its satisfaction of its own contractual obligations and Eastonmade’s breaches.
Although the court must accept as true the Complaint’s well-pled facts, conclusory allegations of law and unwarranted inferences will not defeat an otherwise proper 12(b)(6) motion to dismiss.
It is reasonable to infer based on these facts that the parties orally modified the contract to allow Dreamscapes to pay the remaining balance via a payment plan.
While these assurances may have formed contractual obligations, they do not amount to express warranties under RCW 62A.2-313, which contemplate whether the goods “conform” to the seller’s affirmation, promise, description, sample, or model.
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Dreamscapes Landscape & Design LLC v. Bell's Machine Shop Ltd, 3:21-cv-05159, No. 18 (W.D.Wash. Mar. 1, 2022)
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Shafer v. Lightning eMotors, Inc et al, 1:21-cv-02774, No. 120 (D.Colo. Apr. 11, 2024)
JUSTIN COHEN, Individually and On Behalf of All Others Similarly Situated, Plaintiffs,
Plaintiffs hereby give notice of their intent to file a motion to amend their Consolidated Complaint on or before May 10, 2024.
On February 20, 2024, Magistrate Judge Kathryn A. Starnella issued her Recommendation that the motions to dismiss be granted without prejudice.
On March 26, 2024, this Court adopted the Recommendation of a without prejudice dismissal, holding in part: Given the nature of the pleading deficiencies at issue, the Court—without commenting on the merits of a potential motion for leave to amend—will not preclude Plaintiffs from filing a motion for leave to amend.
After due consideration of the Court’s order, and in consultation with their counsel, Plaintiffs have decided to seek to amend their Consolidated Complaint.
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Shafer v. Lightning eMotors, Inc et al, 1:21-cv-02774, No. 120 (D.Colo. Apr. 11, 2024)
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ESTATE OF MICHAEL COHEN, 21-4-00122-9, #56635848 (Washington State, Pierce County, Superior Court Feb. 25, 2022)
Through undersigned counsel, the parties stipulate and agree to the requested modifications to the Order Setting Bond entered February 15, 2022.
Carol Vaughn, WSBA #16579 Successor Personal Representative Approvedas to form;notice of presentation waived; copy received: LEDGER SQUARE LAw,P.S.
Carol Vaughn, WSBA #16579 Successor Personal Representative Approved as to form; notice of presentation waived; copy received:
greatest extent possiblein the discretion ofthe Personal Representative, and by priororder is authorized to hire attomeys, accountants, and other professionals she deems necessary
The Personal Representative is authorized to apply to the Court for an order requiring the Estate to pay for a supplementalrider to her malpractice coverage relating to this appointmentifshe deems that necessary in the future.
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ESTATE OF MICHAEL COHEN, 21-4-00122-9, #56635848 (Washington State, Pierce County, Superior Court Feb. 25, 2022)
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ESTATE OF MICHAEL COHEN, 21-4-00122-9, #56635845 (Washington State, Pierce County, Superior Court Feb. 25, 2022)
Andrew P. Valentine qualifies for Pro Hac Vice Admission and has complied withall of the requirements of APR (8)(b);
David Freeburg, an active member in good standing of the Washington State Bar Association, will be the lawyer of record in this proceeding and will be responsible for the conduct of Andrew P. Valentine and present at proceedings in this matter unless excused by the Court;
Andrew P. Valentine has provided evidence establishing that he has submitted a copy of the motion and the required fee to the Washington State Bar Association.
It is hereby ORDEREDthat Andrew P. Valentine is admitted to practice as a lawyerin this proceeding pursuant to APR 8(b).
David Freeburg, an active memberin good standing of the Washington State Bar Association, will be the lawyer of record in this proceeding and will be responsible for the conduct of Andrew P. Valentine and present at proceedings in this matter unless excused by the Court.
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ESTATE OF MICHAEL COHEN, 21-4-00122-9, #56635845 (Washington State, Pierce County, Superior Court Feb. 25, 2022)
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Construction Laborers Pension Trust of Greater St. Louis, et al. v. Funko, Inc., et al., 2:23-cv-00824, No. 24 (W.D.Wash. Aug. 1, 2023)
Funko is a pop culture consumer products company that creates vinyl figures, action toys, plush, accessories, apparel, and homewares relating to movies, TV shows, video games, musicians, and sports teams.
However, the complaint filed in this action alleges that throughout the Class Period, Defendants made materially false and/or misleading statements, as well as failed to disclose material adverse facts about the Company’s business, operations, and prospects, including that the move to Funko’s distribution center, accompanied by the delay in implementation of the ERP rollout, was disastrous, resulting in substantially increased selling, general, and administrative expenses (“SG&A”) and dramatically lower profit margins.
As a result of Defendants’ wrongful acts and omissions, and the precipitous decline in the market value of Funko’s stock, Haddock and other class members have suffered significant losses and damages.
At the time of this filing, Haddock believes that he has the largest financial interest among Class members who filed timely applications for appointment as lead plaintiff and accordingly is presumed to be the “most adequate plaintiff.” Haddock purchased Funko securities during the Class Period at prices alleged to be artificially inflated by Defendants’ misstatements and omissions and, as a result, suffered financial harm of approximately $314,333.90.
Like all members of the class, Haddock alleges that Defendants violated federal securities laws by disseminating materially misleading statements concerning Funko’s operations and financial prospects.
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Construction Laborers Pension Trust of Greater St. Louis, et al. v. Funko, Inc., et al., 2:23-cv-00824, No. 24 (W.D.Wash. Aug. 1, 2023)
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ESTATE OF MICHAEL COHEN, 21-4-00122-9, #56613185 (Washington State, Pierce County, Superior Court Feb. 17, 2022)
Sale of Boat and Deposit of Fundsin Registry of Court and the Court (the Petition), and on Peoples , Bank’s request for imposition of sanctions, and having heard the arguments of counsel, the appointed but not yet qualified Successor Personal Representative appearing for the hearing, and .
having considered the files and records contained herein including the submissionsof the parties the Court, It is hereby ORDERED, ADJUDGED AND DECREEDthat Loren Cohen’s Petition to confirm the sale of the yacht DAME DE LA MERis DENIED.
Atthe time of filing of the Petition Loren Cohen had been removed as Personal Representative of the estate and lacked standingto petition the Court to compel thesale of an estate asset.
Rather, Loren Cohen,as a beneficiary of the cstatc has standingonlyto petition the Successor Personal Representative, who has been appointed but not yet issued Letters Testamentary, to pursue a sale or other disposition of an estate asset, andit is =
LAlan present Uoos NUO PR , Cavol NOuahn
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ESTATE OF MICHAEL COHEN, 21-4-00122-9, #56613185 (Washington State, Pierce County, Superior Court Feb. 17, 2022)
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ESTATE OF MICHAEL COHEN, 21-4-00122-9, #56608813 (Washington State, Pierce County, Superior Court Feb. 15, 2022)
In the Matter of the Estate of
THIS MATTERcameonfor hearing on the Loren Cohen’s Motion for Order Shortening
15||Time for hearing on Loren Cohen’s Motion for Order Approving Bond Amount for 16||Administrator With Will Annexed Vaugh and the Court having reviewed the motion and the 17||pleadings in this case and beingfully advised in the premises, now,therefore,it is hereby ORDERED, ADJUDGED, AND DECREED that Mr. Cohen’s Motion for Order 19||Approving Bond Amount for Administrator Vaughn With Will Annexed will be heard on 20||February 15, 2022, at 9:00 a.m. DONEIN OPEN COURTthis 15th day of February 2022.
ay) uh oS Cy cr Ow wt ms by: Aapersrecd4~Coo~ Presented by:
C. Morgan, WSBA #2636 Stuart Grady R. Heins, WSBA #54262 Attorneys for Loren Cohen wanBOMNl OooOoNNDN “TeAS
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ESTATE OF MICHAEL COHEN, 21-4-00122-9, #56608813 (Washington State, Pierce County, Superior Court Feb. 15, 2022)
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ESTATE OF MICHAEL COHEN, 21-4-00122-9, #56608814 (Washington State, Pierce County, Superior Court Feb. 15, 2022)
Clerk’s Action: Paragraph 4 THIS MATTER camebefore the Court pursuant to the Motion for Order Approving Bond 13 .
The Court considered the Motion and the 14 || Declaration of Successor Personal Representative Carol Vaughn, any timely filed responses and } 15|}replies, and the court records and file, NOW, THEREFORE,IT IS HEREBY ORDERED: 1.
The Personal Representative is authorized to utilize the services of attorneys, paralegals and clerical staff of the law office of Thompson Howle Vaughn to perform necessary administrative work, at her request, in order to minimize administrative costs to the
greatest extent possible in the discretion ofthe Personal Representative, and by prior order is authorized to hire attorneys, accountants, and other professionals she deems necessary to discharge her duties.
The Personal Representative is authorized to apply to the Court for an order requiring |
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ESTATE OF MICHAEL COHEN, 21-4-00122-9, #56608814 (Washington State, Pierce County, Superior Court Feb. 15, 2022)
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ESTATE OF MICHAEL COHEN, 21-4-00122-9, #56587750 (Washington State, Pierce County, Superior Court Feb. 11, 2022)
COMES NOW the former Personal Representative Loren Cohen, by and through his attorneys of record, Stuart C. Morgan of Ledger Square Law, P.S., and hereby respectfully requests that the Court enter an order approving the posting of a $1,000,000 probate bond by Carol Vaughn so that Letters of Administration can be issued to her promptly.
Michael’s son Loren was appointed Personal Representative on January 15, 2021, and his Letters Testamentary were issued on February 1, 2021.
Through counsel, Mr. Cohen asked Ms. Vaughn to provide a copy of the declarations page of her policy to him for review in order to determine the nature and extent of the coverage.
In paragraph 2 of the proposed Stipulation and Order, the language refers to Ms. Vaughn as the “named” Personal Representative and states that she “provided proof of malpractice insurance coverage.” Morgan Declaration, Exhibit B. Mr. Cohen’s only suggested change to the stipulation was to clarify that Ms. Vaughn provided a “statement regarding insurance coverage” which is what she actually provided.
For the reasons set forth above, Mr. Cohen requests that the Court enter a simple order confirming the agreement of Ms. Vaughn and the parties that she may post a probate/personal representative’s bond in the amount of $1,000,000 so letters of administration can be issued to her.
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ESTATE OF MICHAEL COHEN, 21-4-00122-9, #56587750 (Washington State, Pierce County, Superior Court Feb. 11, 2022)
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Shafer v. Lightning eMotors, Inc et al, 1:21-cv-02774, No. 115 (D.Colo. Mar. 19, 2024)
Far short of unambiguous factual support, Plaintiffs’ allegations are based entirely on three CWs, none of whom were employed at Lightning when the challenged statement was made.
Although Plaintiffs assert that Amazon “shuttered the program” and had “pulled the plug,” none of the CWs actually alleged that Amazon ended the pilot program or ceased business 8 Case No. 1:21-cv-02774-RMR-KAS Document 115 ...
That is because there is none: “The Tenth Circuit has not recognized a ‘duty to update,’ and other courts have refused to do so.” Erber v. Williams Cos., Inc., 2017 WL 930828, at *4 (N.D. Okla. Mar. 8, 2017), aff’d sub nom.
... held that Plaintiffs had not alleged how conduct disclosed to investors could form the basis of a fraudulent scheme, 9 Case No. 1:21-cv-02774-RMR-KAS Document 115 filed 03/19/24 USDC Colorado pg 14 of 16 R&R 51, and none ...
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Shafer v. Lightning eMotors, Inc et al, 1:21-cv-02774, No. 115 (D.Colo. Mar. 19, 2024)
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Shafer v. Lightning eMotors, Inc et al, 1:21-cv-02774, No. 116 (D.Colo. Mar. 19, 2024)
Prior to the Merger, none of the Gig3 Defendants was an insider at Lightning, and after the Merger, Katz, Dinu, and Miotto served only as outside directors. None of Plaintiffs’ Confidential Witness allegations concern the Gig3 Defendants ...
The Objection states the Magistrate Judge recommended dismissal based on the “mistaken belief” that “Plaintiffs had pled only that ‘none of Gig3’s representatives on Lightning’s Board … remained directors beyond October 2021.’” Obj. ...
See Obj. at 16-17.5 5 In Lorenzo, the Supreme Court held that a person who did not “make” a false statement under Rule 10b-5(b) may nonetheless be liable under Rule 10b-5(a) or (c) if he or she disseminates a false statement with ...
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Shafer v. Lightning eMotors, Inc et al, 1:21-cv-02774, No. 116 (D.Colo. Mar. 19, 2024)
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ESTATE OF MICHAEL COHEN, 21-4-00122-9, #56560899 (Washington State, Pierce County, Superior Court Feb. 1, 2022)
THIS MATTER came on for hearing on the Loren Cohen’s Petition For Order Requiring Sale of Boat and Deposit of Funds in Registry of Court and the Court, having heard the arguments of counsel, and having considered the files and records contained herein, it is ORDERED, ADJUDGED AND DECREED that the hearing on the Petition shall be set over to 1:30 pm on February 17, 2022.
4:30 pm; It is further ORDERED, ADJUDGED, AND DECREEDthat the Court notes Mr. Cohen was removed as Personal Representative for reasons stated in Williams Newcomer's motion to remove Personal Representative.
2021 Order granting that motion enzilthe Court WANS Caro!
asks Treat She atienn hecarve of possible anajog ~~Tile om, TESponse she May MOVE Me = = = — .
Stuart C. Morgan, WSBA #26368 Grady R. Heins, WSBA #54262 Attorneys for Loren Cohen Por es INCA VMO6 PR +0 bee Gwen aco Pr oO TNs Orcdkere
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ESTATE OF MICHAEL COHEN, 21-4-00122-9, #56560899 (Washington State, Pierce County, Superior Court Feb. 1, 2022)
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ESTATE OF MICHAEL COHEN, 21-4-00122-9, #56532086 (Washington State, Pierce County, Superior Court Jan. 26, 2022)
Exparte Mail January 26 2022 4:04 PM Pierce County Clerk TO: Webster, Jess
Without agreement of the parties this will need to be heard on record after notice given to all parties.
Please give notice and set a hearing in ex parte.
Ex parte hearings are by zoom, so contact CSD to schedule.
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ESTATE OF MICHAEL COHEN, 21-4-00122-9, #56532086 (Washington State, Pierce County, Superior Court Jan. 26, 2022)
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