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3AN-06-13577CI Neal and Company Inc et al vs. Elaine S Baker & Associates Inc et al JS

Court Case Details

Case Number: 3AN-06-13577CI
Case Type: Civil Superior Ct (3AN)
Case Status: Closed
Action: Claim by Buyer against Seller of Goods/Services
Case Judge: Suddock, John
File Date: 15 Dec 2006

Parties

Name Role
Neal and Company Inc Plaintiff
Quiet Creek Community, LLC Plaintiff
ELAINE S. BAKER & ASSOCIATES, INC. Defendant
Baker, Elaine S Defendant
ELAINE S. BAKER & ASSOCIATES, INC. Third-Party Plaintiff
Neal, Tony Third-Party Defendant
Hartford Fire Insurance Company Third-Party Defendant
Neal, III, Paul Third-Party Defendant
Neal Family Limited Partnership Third-Party Defendant
SPENARD BUILDERS SUPPLY LLC Third-Party Defendant

Dispositions

Disposition Date Case Judge
Administrative Judicial Reassignment 2008-01-31 Spaan, Michael R
Dismissed - Other. Case Closed. 2008-08-31 Suddock, John

Receipts

Receipt Number Date Amount
222468 2006-12-15 $150.00
373556 2008-09-05 $13.00

Events

Date Location Type Result Event Judge
2008-03-26 Courtroom 301, Nesbett Courthouse Pre-Trial Conference Superior Court Civil Hearing Vacated Spaan, Michael R
2008-03-31 Courtroom 301, Nesbett Courthouse Scheduled Trial Week Hearing Vacated Spaan, Michael R
2008-05-20 Courtroom 401, Nesbett Courthouse Motion Hearing Hearing Held Suddock, John
2008-08-06 Courtroom 401, Nesbett Courthouse Pre-Trial Conference Superior Court Civil Hearing Reset Suddock, John
2008-08-18 Courtroom 401, Nesbett Courthouse Scheduled Trial Week Hearing Reset Suddock, John
2008-10-08 Courtroom 401, Nesbett Courthouse Trial Call Superior Court Civil Hearing Vacated Suddock, John
2008-10-13 Courtroom 401, Nesbett Courthouse Scheduled Trial Week Hearing Vacated Suddock, John
2009-03-03 Courtroom 26, Boney Courthouse Judgment Debtor Examination Hearing Held Duggan, John E

Financial

Cost Type Amount Owned Amount Paid Amount Adjusted Amount Outstanding
Total $163.00 $163.00 $0.00 $0.00
Filing Fee $150.00 $150.00 $0.00 $0.00
Miscellaneous Revenue $13.00 $13.00 $0.00 $0.00

Docket

Date Text
2006-12-15
                                    Complaint for Claim Against Seller of Goods/Services
            Elaine S Baker & Associates Inc (Defendant);  Receipt: 222468  Date: 12/15/2006
                                
2006-12-15
                                    Summons Issued
                                
2006-12-15
                                    Case Flagged for Civil Rule 4(j) Tracking (3AN)
            Elaine S Baker & Associates Inc (Defendant); Elaine S Baker (Defendant);
                                
2006-12-15
                                    Attorney Information
            Attorney Choquette, William L representing Plaintiff Neal and Company Inc as of 12/15/2006
                                
2006-12-15
                                    Attorney Information
            Attorney Choquette, William L representing Plaintiff Quiet Creek Community, LLC as of 12/15/2006
                                
2007-01-04
                                    Supplemental Summons and Notice to Both Parties of Judicial Assignment
                                
2007-01-04
                                    Entry of Appearance
            Attorney: Tervooren, Steven S (7910085)
            Elaine S Baker & Associates Inc (Defendant);
                                
2007-01-05
                                    Entry of Appearance
            Attorney: Tervooren, Steven S (7910085)
            Elaine S Baker (Defendant);
                                
2007-01-05
                                    Demand Jury Trial
            Attorney: Tervooren, Steven S (7910085)
                                
2007-01-05
                                    Defendants' Answer, Counterclaim, and Third-Party Complaint
            Elaine S Baker & Associates Inc (Defendant); Elaine S Baker (Defendant);
                                
2007-01-09
                                    Initial Pretrial Order Issued
                                
2007-01-24
                                    Entry of Appearance
            Attorney: Choquette, William L (7410066)
            Tony Neal (Third-Party Defendant);
                                
2007-01-24
                                    Entry of Appearance
            Attorney: Choquette, William L (7410066)
            Hartford Fire Insurance Company 34BSBCA803 (Third-Party Defendant);
                                
2007-01-24
                                    Demand Jury Trial
                                
2007-01-24
                                    Answer to Counterclaim and Third party Company
            Tony Neal (Third-Party Defendant); Hartford Fire Insurance Company 34BSBCA803 (Third-Party Defendant);
                                
2007-01-26
                                    Joint Report with Proposed Three Alternative Trial Dates
                                
2007-01-31
                                    Administrative Judicial Reassignment
                                
2007-02-09
                                    Stipulation for Extending Date of Initial Disclosures
            Attorney: Tervooren, Steven S (7910085)
            Attorney: Choquette, William L (7410066)
            Neal and Company Inc (Plaintiff); Quiet Creek Community, LLC (Plaintiff); Elaine S Baker & Associates Inc (Defendant); Elaine S Baker (Defendant); Elaine S. Baker and Associates, inc. (Third-Party Plaintiff); Tony Neal (Third-Party Defendant); Hartford Fire Insurance Company 34BSBCA803 (Third-Party Defendant);
            Case Motion #1
                                
2007-02-13
                                    Order Granting Stipulation for extending date of intitial disclosure, Exchange of initial disclosure is due February 26, 2007
            Case Motion #1: Stipulation
                                
2007-03-12
                                    Motion to Amend Answer, Counterclaim and Third Party Complaint
            Attorney: Tervooren, Steven S (7910085)
            Elaine S Baker & Associates Inc (Defendant); Elaine S Baker (Defendant); Elaine S. Baker and Associates, inc. (Third-Party Plaintiff); ; Steven S Tervooren (Attorney) on behalf of Elaine S. Baker and Associates, inc. (Third-Party Plaintiff), Elaine S Baker & Associates Inc, Elaine S Baker (Defendant)
            Case Motion #2
                                
2007-03-27
                                    Plaintiffs' Non-Opposition to Motion to Amend Answer, Counterclaim and Third-Party Complaint
            Attorney: Choquette, William L (7410066)
            Neal and Company Inc (Plaintiff); Quiet Creek Community, LLC (Plaintiff); ; William L Choquette (Attorney) on behalf of Neal and Company Inc, Quiet Creek Community, LLC (Plaintiff)
            Case Motion #2: Standard Motion
                                
2007-03-29
                                    Miscellaneous
             
                  Elaine S Baker & Associates Inc
                                
2007-03-29
                                    Order Granting Proposed order to defendant's motion to amend. The amended answer, counterclaim, and third party complaint submitted as Exhibit A to the memorandum in support shall be treated as the amended pleading that shall be deemed as filed as of the date of this order.
            Case Motion #2: Standard Motion
                                
2007-03-29
                                    Attorney Information
            Attorney Choquette, William L representing Third-Party Defendant Neal III, Paul as of 03/29/2007
                                
2007-04-13
                                    Entry of Appearance
            William L Choquette (Attorney) on behalf of Hartford Fire Insurance Company 34BSBCA803 (Third-Party Defendant)
                                
2007-04-13
                                    Attorney Information
            Attorney Choquette, William L representing Third-Party Defendant Neal Family Limited Partnership as of 04/13/2007
                                
2007-08-29
                                    Routine Pretrial Order Issued
                                
2007-10-24
                                    Plaintiff's and Third Party Defendants' Preliminary Witness List
            William L Choquette (Attorney) on behalf of Neal and Company Inc (Plaintiff)
                                
2007-10-31
                                    Combined Preliminary Witness List and Other Expert Opinion Testimony Summary of Defendants/Thrid-Party Plaintiff Elaine S. Baker & Associates, Inc., and Elaine S. Baker
            Steven S Tervooren (Attorney) on behalf of Elaine S Baker & Associates Inc (Defendant)
                                
2007-12-14
                                    Motion for Expedited Consideration of: Motion for Order Quashing (changing date) of Depositions
            Attorney: Tervooren, Steven S (7910085)
            Elaine S Baker & Associates Inc (Defendant); Elaine S Baker (Defendant);
            Case Motion #3
                                
2007-12-14
                                    Motion for Order Quashing (changing date) of Depositions
            Attorney: Tervooren, Steven S (7910085)
            Elaine S Baker & Associates Inc (Defendant); Elaine S Baker (Defendant);
            Case Motion #4
                                
2007-12-14
                                    Miscellaneous
             
                  Elaine S Baker & Associates Inc
                                
2007-12-17
                                    Response to Motion for Order Quashing (Changing Date) of Depositions and Motion to Continue Trial Date and Deadlines
            Attorney: Choquette, William L (7410066)
            Neal and Company Inc (Plaintiff); Quiet Creek Community, LLC (Plaintiff); Tony Neal (Third-Party Defendant);
            Case Motion #4: Standard Motion
                                
2007-12-17
                                    Order Granting Motion for Order Quashing (changing date) of Depositions
            Case Motion #4: Standard Motion
                                
2007-12-20
                                    Joinder in Motion to Continue Trial Date and Deadlines
            Steven S Tervooren (Attorney) on behalf of Elaine S Baker & Associates Inc (Defendant)
            Case Motion #1: Stipulation
                                
2007-12-24
                                    Amended Routine Pretrial Order Issued
                                
2008-01-31
                                    Administrative Judicial Reassignment From Judge Spaan to Judge Suddock.
                                
2008-03-14
                                    Motion to Compel Discovery and for an Award of Costs
            Attorney: Choquette, William L (7410066)
            Neal and Company Inc (Plaintiff);
            Case Motion #5
                                
2008-03-17
                                    Defendant's/ Third Party Plaintiff's Combined Preliminary  Witness List and Other Expert Opinion Testimony Summary
            Elaine S Baker & Associates Inc (Defendant); Elaine S Baker (Defendant);
                                
2008-03-18
                                    Errata Re: Combined Preliminary Witness List and Other Expert Opinion Testimony Summary
            Steven S Tervooren (Attorney) on behalf of Elaine S Baker & Associates Inc (Defendant)
                                
2008-03-19
                                    Stipulation for Extension of Time to File Opposition to Motion to Compel Discovery and for Expenses Until 3-28-08 and Reply Due 4-10-08
            Attorney: Choquette, William L (7410066)
            Neal and Company Inc (Plaintiff);
            Case Motion #6
                                
2008-03-21
                                    Miscellaneous
             
                  Neal and Company Inc
                                
2008-04-01
                                    Stipulation and Order for Extension of Time 
            Attorney: Choquette, William L (7410066)
            Neal and Company Inc (Plaintiff);
            Case Motion #7
                                
2008-04-02
                                    Opposition to Motion to Compel Discovery and for Award of costs
            Steven S Tervooren (Attorney) on behalf of Elaine S Baker & Associates Inc (Defendant)
            Case Motion #5: Standard Motion
                                
2008-04-03
                                    Order Granting Stipulation for Extension of Time
            Case Motion #7: Stipulation
                                
2008-04-10
                                    Reply Memorandum in Support of Motion to Compel Discovery and for an Award of Costs
            Attorney: Choquette, William L (7410066)
            Neal and Company Inc (Plaintiff);
            Case Motion #5: Standard Motion
                                
2008-04-11
                                    Request for Oral Argument  Re:  Motion to Compel Discovery and for an Award of Costs
            Attorney: Tervooren, Steven S (7910085)
            Elaine S Baker & Associates Inc (Defendant); Elaine S Baker (Defendant);
            Case Motion #5: Standard Motion
                                
2008-04-16
                                    Motion for Protective Order
            Attorney: Tervooren, Steven S (7910085)
            Elaine S Baker & Associates Inc (Defendant);
            Case Motion #8
                                
2008-05-02
                                    Opposition to Motion for Protective Order
            Attorney: Choquette, William L (7410066)
            Case Motion #8: Standard Motion
                                
2008-05-09
                                    Stipulation and Order for Extension of Time to Take the Depositions of Lay Witnesses  Until6-13-008
            Attorney: Choquette, William L (7410066)
            Neal and Company Inc (Plaintiff);
            Case Motion #9
                                
2008-05-19
                                    Supplemental Opposition to Motion to Compel
            Attorney: Tervooren, Steven S (7910085)
            Case Motion #5: Standard Motion
                                
2008-05-20
                                    Miscellaneous
             
                  Neal and Company Inc
                                
2008-05-21
                                    Order Granting Mtn to Compel
            Case Motion #5: Standard Motion
                                
2008-05-21
                                    Order Granting Stipulationfor Extension of Time
            Case Motion #9: Stipulation
                                
2008-05-21
                                    Motion Deemed Moot
            Case Motion #8: Standard Motion
                                
2008-05-23
                                    Proposed Order Compelling Discovery (Held for Objection)
            Attorney: Choquette, William L (7410066)
            Case Motion #10
                                
2008-06-11
                                    Order Granting Proposed Order Compelling Discovery
            Case Motion #10: Proposed  Order
                                
2008-07-15
                                    Stipulation and Order for Extension of Pretrial Deadlines.  Dispositive and Rule of Law Motions due on 7/31/08. Lay Witness Depositions due on 8/18/08. (In Motion Tracking)
            Attorney: Tervooren, Steven S (7910085)
            Neal and Company Inc (Plaintiff); Quiet Creek Community, LLC (Plaintiff); Elaine S Baker & Associates Inc (Defendant); Elaine S Baker (Defendant); Elaine S. Baker and Associates, inc. (Third-Party Plaintiff); Paul Neal III (Third-Party Defendant); Neal Family Limited Partnership (Third-Party Defendant);
            Case Motion #11
                                
2008-07-17
                                    Order Granting Stipulation for Extension of Pretrial Deadlines
            Case Motion #11: Stipulation
                                
2008-07-28
                                    Motion for Ruling of Law Regarding Inapplicability of AS 08.18.151 to ESBA's Claims
            Attorney: Tervooren, Steven S (7910085)
            Elaine S Baker & Associates Inc (Defendant); Elaine S Baker (Defendant); Elaine S. Baker and Associates, inc. (Third-Party Plaintiff);
            Case Motion #12
                                
2008-07-31
                                    Motion for Summary Judgment
            Attorney: Choquette, William L (7410066)
            Neal and Company Inc (Plaintiff);
            Case Motion #13
                                
2008-07-31
                                    ESBA's Evidentiary and in Limine Motions Re:  The Conduct of Trial  And  to Exclude and Limit Certain Items of Evidence, Testimony and Argument 
            Attorney: Tervooren, Steven S (7910085)
            Elaine S Baker & Associates Inc (Defendant); Elaine S Baker (Defendant);
            Case Motion #14
                                
2008-08-04
                                    Opposition to Motion for Ruling of Law Regarding Inapplicability of AS 08.18.151 to ESBA's Claims
            Case Motion #12: Standard Motion
                                
2008-08-06
                                    Stipulation and Order for Extension of Time for Reply in Support of Motion for Ruling of Law as Part of Consolidated Brief in Opposition to Plaintiff's Motion for Summary Judgment until 8/18/08
            Attorney: Tervooren, Steven S (7910085)
            Attorney: Choquette, William L (7410066)
            Steven S Tervooren (Attorney) on behalf of Elaine S. Baker and Associates, inc. (Third-Party Plaintiff), Elaine S Baker & Associates Inc, Elaine S Baker (Defendant); William L Choquette (Attorney) on behalf of Tony Neal (Third-Party Defendant), Neal and Company Inc, Quiet Creek Community, LLC (Plaintiff)
            Case Motion #15
                                
2008-08-07
                                    Order Granting Stipulation and Order for Extension
            Case Motion #15: Stipulation
                                
2008-08-12
                                    Limited Opposition to ESBA's Evidentiary and In Limine Motions Filed with Combined Motion in Limine
            William L Choquette (Attorney) on behalf of Neal and Company Inc (Plaintiff)
            Case Motion #14: Standard Motion
                                
2008-08-12
                                    Motion in Limine (Filed with Limited Opposition to ESBA's Evidentiary and in Limine Motions)
            Attorney: Choquette, William L (7410066)
            William L Choquette (Attorney) on behalf of Tony Neal, Hartford Fire Insurance Company, Paul Neal III, Neal Family Limited Partnership (Third-Party Defendant), Neal and Company Inc, Quiet Creek Community, LLC (Plaintiff)
            Case Motion #16
                                
2008-08-15
                                    Combined Motion for Extension of Time to File ESBA's Consolidated Opposition to Motion for Summary Judgment and Reply on Motion for Ruling of Law Regarding Inapplicability of AS 08.18.151 to ESBA's Claims and Motion for Rule 56(f) Extension of Time to File Opposition to Plaintiffs' Motion for Summary Judgment
            Attorney: Tervooren, Steven S (7910085)
            Steven S Tervooren (Attorney) on behalf of Elaine S. Baker and Associates, inc. (Third-Party Plaintiff), Elaine S Baker & Associates Inc, Elaine S Baker (Defendant)
            Case Motion #17
                                
2008-08-19
                                    Reply in Support of ESBA's Evidentiary and In Limine Motions
            Steven S Tervooren (Attorney) on behalf of Elaine S. Baker and Associates, inc. (Third-Party Plaintiff), Elaine S Baker & Associates Inc, Elaine S Baker (Defendant)
            Case Motion #14: Standard Motion
                                
2008-08-25
                                    Notice of Filing Offer of Judgment and Acceptance of Offer of Judgment and Proposed Final Judgment 
            Attorney: Choquette, William L (7410066)
            Neal and Company Inc (Plaintiff); Quiet Creek Community, LLC (Plaintiff); Tony Neal (Third-Party Defendant);
                                
2008-08-25
                                    Proposed Final Judgment
            Attorney: Choquette, William L (7410066)
            William L Choquette (Attorney) on behalf of Neal and Company Inc, Quiet Creek Community, LLC (Plaintiff)
            Case Motion #18
                                
2008-08-31
                                    Order Granting Final Judgment
            Case Motion #18: Proposed  Order
                                
2008-08-31
                                    Motion Deemed Moot
            Case Motion #12: Standard Motion, Case Motion #13: Dispositive Motion, Case Motion #14: Standard Motion, Case Motion #16: Standard Motion, Case Motion #17: Standard Motion
                                
2008-08-31
                                    Final Judgment Entered
            Neal and Company Inc (Plaintiff);
                                
2008-08-31
                                    Judgment Entered
             
            Judgment Amount:            100,000.00 
            Pre-Judgment Interest:          0.00 
            Attorney Fees:                          0.00 
            Court Costs:                              0.00 
            Other Fees:                                0.00 
            Judgment Total:                  100,000.00 
            Total Accrued Costs:                0.00 
            Total Accrued Interest:             0.00 
            
            Terms: @ 7.75% 
            
            Judgment Type: Judgment 
            Judge: Suddock, John 
            Judgment Date: 08/31/2008 
            Judgment Time: 4:20AM 
            Referee:  
            Recommendation Date:  
            
            Judgment Status: Judgment Entered 
             
            Judgment For: Elaine S Baker & Associates Inc - Defendant 
             
            Judgment Against: Neal and Company Inc - Plaintiff 
             
                                                ------------------------------------------- 
                                                Issuance 
                                                ------------------------------------------- 
                                                Writ Type:  
                                                Date Issued:  
                                                Accrued Interest:  
                                                Satisfied Amount:  
             
                                                ------------------------------------------- 
                                                Return 
                                                ------------------------------------------- 
                                                Processed By:  
                                                Received From:  
                                                Accrued Costs:     
                                                Satisfied Amount:  
                                                Date Returned:  
                                                Date Collected:  
                                                Date Paid:  
             
            Judgment Satisfied Amount:             0.00 
            Judgment Balance:                        100,000.00 
            Case Total:                                          0.00 
            Case Satisfied Amount:                    0.00 
            Case Balance:                                     0.00
                                
2008-09-05
                                    Certified Copies (Case)  Receipt: 373556  Date: 09/05/2008
                                
2008-10-02
                                    Information for Writ of Execution
                                
2008-10-02
                                    Creditor's Affidavit
                                
2008-11-18
                                    Writ of Execution (CIV-500) Issued
                                
2008-11-21
                                    Motion for Order Declaring Claims of Lien are Released and Discharged or, in the Alternative, for Amending the Final Judgment
            Attorney: Choquette, William L (7410066)
            William L Choquette (Attorney) on behalf of Neal and Company Inc, Quiet Creek Community, LLC (Plaintiff)
            Case Motion #19
                                
2008-11-29
                                    Return of Service on Execution - No Funds Received
            North Country - $110.50
                                
2008-12-03
                                    Opposition to Motion for Order Declaring Claims of Lien are Released and Discharged or, in the Alternative, for Amending Final Judgment
            Steven S Tervooren (Attorney) on behalf of Elaine S Baker & Associates Inc (Defendant)
            Case Motion #19: Standard Motion
                                
2008-12-04
                                    Motion and Order for Judgment Debtor to Appear
            Attorney: Odsen, Frederick (7906043)
            Elaine S Baker & Associates Inc (Defendant);
            Case Motion #20
                                
2008-12-05
                                    Order Granting Judgment Debtor to Appear
            Case Motion #20: Ex Parte Motion
                                
2008-12-10
                                    Return of Service on Execution - No Funds Received
            North Country - $130.00
                                
2008-12-12
                                    Reply to Opposition to Motion for Order Declaring Claims of Lien are Released and Discharged
            William L Choquette (Attorney) on behalf of Neal and Company Inc, Quiet Creek Community, LLC (Plaintiff)
            Case Motion #19: Standard Motion
                                
2009-01-09
                                    Notice of Filing Return of Service for Motion and Order for Judgment Debtor to Appear
            Attorney: Odsen, Frederick (7906043)
            Elaine S Baker & Associates Inc (Defendant);
            Case Motion #20: Ex Parte Motion
                                
2009-01-13
                                    Order Denying Motion as Moot
            Case Motion #19: Standard Motion
                                
2013-01-28
                                    Full Return of Service on Writ of Execution