Case: United States v. Indigo Investments, LLC

United States v. Indigo Investments

United States v. Indigo Investments, LLC.

COMPLAINT with Jury Demand against Indigo Investments, LLC, Edward L. Hamilton, Barbara A. Hamilton, filed by United States of America. (Attachments: # 1 Civil Cover Sheet)(avm) (Entered: 06/19/2009)

Summons Issued as to Indigo Investments, LLC, Edward L. Hamilton, Barbara A. Hamilton. (RLW) (Entered: 06/23/2009)

**NOTE: Disregard** SUMMONS Returned Executed by United States of America Barbara A. Hamilton served on 6/24/2009, answer due 7/14/2009. (Paige, Mitzi) Modified on 7/1/2009 (RLW). (Entered: 07/01/2009)

**NOTE: Disregard** SUMMONS Returned Executed by United States of America Edward L. Hamilton served on 6/24/2009, answer due 7/14/2009. (Paige, Mitzi) Modified on 7/1/2009 (RLW). (Entered: 07/01/2009)

SUMMONS Returned Executed by United States of America Barbara A. Hamilton served on 6/30/2009, answer due 7/20/2009. (Paige, Mitzi) (Entered: 07/01/2009)

SUMMONS Returned Executed by United States of America Edward L. Hamilton served on 6/30/2009, answer due 7/20/2009. (Paige, Mitzi) (Entered: 07/01/2009)

(Fax Copy) ANSWER to 1 Complaint by Edward L. Hamilton, Barbara A. Hamilton.(wld) (Entered: 07/20/2009)

Rule 16.1(A) Initial Order Telephonic Case Management Conference set for 8/18/2009 09:30 AM before Magistrate Judge Robert H. Walker (JR) (Entered: 07/21/2009)

ANSWER to 1 Complaint by Indigo Investments, LLC.(White, David) (Entered: 08/07/2009)

SUMMONS Returned Executed by United States of America Indigo Investments, LLC served on 7/28/2009, answer due 8/17/2009. (Paige, Mitzi) (Entered: 08/10/2009)

US Marshal's SUMMONS Returned Executed as to Indigo Investments, LLC. (wld) (Entered: 08/17/2009)

CASE MANAGEMENT ORDER: CJRA Track : Standard. Amended Pleadings due by 9/15/2009, Joinder of Parties due by 9/15/2009, Designate Experts Plaintiff Deadline due by 11/2/2009, Designate Experts for Defendant Deadline due by 12/2/2009, Discovery due by 3/1/2010, Motions due by 3/15/2010, Settlement Conference set for 6/8/2010 09:00 AM before Magistrate Judge Robert H. Walker, Final Pretrial Conference set for 8/11-13/2010 before District Judge Louis Guirola Jr., Jury Trial set for 9/13/2010 trial calendar before District Judge Louis Guirola Jr. ETT: 3 days. No conflicts. Parties do NOT consent. Signed by Magistrate Judge Robert H. Walker on August 18, 2009 (JR) (Entered: 08/18/2009)

NOTICE of Service of Plaintiff United States' Pre-Discovery Disclosure by United States of America (Richmond, Erin) (Entered: 08/20/2009)

NOTICE of Service of Pre-Discovery Disclosure by Indigo Investments, LLC (White, David) (Entered: 08/24/2009)

NOTICE of Service of First Set Of Interrogatories by Indigo Investments, LLC (White, David) (Entered: 10/01/2009)

NOTICE of Service of First Set Of Request for Production by Indigo Investments, LLC (White, David) (Entered: 10/01/2009)

NOTICE of Service of Interrogatories by United States of America (Richmond, Erin) (Entered: 10/06/2009)

NOTICE of Service of Request for Production by United States of America (Richmond, Erin) (Entered: 10/06/2009)

NOTICE of Service of United States' Response to Interrogatories by United States of America (Richmond, Erin) (Entered: 11/02/2009)

NOTICE of Service of United States' Response to Request for Production by United States of America (Richmond, Erin) (Entered: 11/02/2009)

NOTICE of Service of First Supplemental Pre-Discovery Disclosure by United States of America (Richmond, Erin) (Entered: 12/17/2009)

NOTICE of Appearance by Erin Meehan Richmond on behalf of United States of America (Richmond, Erin) (Entered: 12/22/2009)

NOTICE of Service of Response to Interrogatories by Indigo Investments, LLC (White, David) (Entered: 12/22/2009)

NOTICE of Service of Response to Request for Production by Indigo Investments, LLC (White, David) (Entered: 12/22/2009)

NOTICE of Service of Plaintiff United States' First Amended Response to Interrogatories by United States of America (Richmond, Erin) (Entered: 01/11/2010)

NOTICE of Service of Plaintiff United States' First Amended Response to Request for Production by United States of America (Richmond, Erin) (Entered: 01/11/2010)

MOTION to Appoint Counsel by Barbara A. Hamilton (wld) (Entered: 01/14/2010)

Joint MOTION for Extension of Time to Complete Discovery and Motions Deadlines by United States of America (Attachments: # 1 Good Faith Certificate)(Fregiato, Christopher) (Entered: 01/21/2010)

NOTICE of Appearance by David Jeffrey White on behalf of Edward L. Hamilton, Barbara A. Hamilton (White, David) (Entered: 01/21/2010)

AMENDED SCHEDULING ORDER: CJRA Track : Standard. Discovery due by 7/15/2010 Motions due by 7/29/2010 Settlement Conference set for 11/2/2010 09:30 AM before Magistrate Judge Robert H. Walker Pretrial Conference set for 12/8-10/2010 before District Judge Louis Guirola Jr. Jury Trial set for 1/10/2011 trial calendar before District Judge Louis Guirola Jr. Proposed Pretrial Order due by 12/8/2010. ETT: 3 days. No conflicts. Parties do NOT consent. Signed by Magistrate Judge Robert H. Walker on January 26, 2010 (JR) Modified on 10/18/2010 to correct a typographical error (JR). (Entered: 01/26/2010)

NOTICE of Service of Supplemental Response to Request for Production by Indigo Investments, LLC (White, David) (Entered: 04/08/2010)

CERTIFICATE OF SERVICE by United States of America Subpoena to BancorpSouth for Documents/Records (Paige, Mitzi) (Entered: 04/09/2010)

Subpoena Returned Executed as to Bancorp South. (Paige, Mitzi) (Entered: 04/12/2010)

NOTICE of Service of Second Supplemental Pre-Discovery Disclosure by United States of America (Richmond, Erin) (Entered: 04/13/2010)

NOTICE to Take Deposition of Indigo Investments, LLC by United States of America (Richmond, Erin) (Entered: 04/15/2010)

NOTICE to Take Deposition of Edward L. Hamilton by United States of America (Richmond, Erin) (Entered: 04/20/2010)

NOTICE to Take Deposition of Barbara A. Hamilton by United States of America (Richmond, Erin) (Entered: 04/20/2010)

Joint MOTION for Protective Order by United States of America (Fregiato, Christopher) (Entered: 04/21/2010)

AGREED PROTECTIVE ORDER. Signed by Magistrate Judge Robert H. Walker on April 23, 2010. (Joffe, Scherry) (Entered: 04/23/2010)

NOTICE to Take Deposition of Barbara A. Hamilton by United States of America (Richmond, Erin) (Entered: 05/05/2010)

NOTICE to Take Deposition of Edward L. Hamilton by United States of America (Richmond, Erin) (Entered: 05/05/2010)

NOTICE of Service of Supplemental Pre-Discovery Disclosure by Indigo Investments, LLC (White, David) (Entered: 05/14/2010)

NOTICE of Service of Pre-Discovery Disclosure by Edward L. Hamilton, Barbara A. Hamilton (White, David) (Entered: 05/14/2010)

NOTICE of Service of United States' Third Supplemental Pre-Discovery Disclosure by United States of America (Fregiato, Christopher) (Entered: 05/20/2010)

NOTICE of Appearance by Erin Meehan Richmond on behalf of United States of America (Richmond, Erin) (Entered: 06/02/2010)

NOTICE of Service of Second Supplemental Pre-Discovery Disclosure by Indigo Investments, LLC (White, David) (Entered: 06/04/2010)

NOTICE of Service of Second Supplemental Response to Interrogatories by Indigo Investments, LLC (White, David) (Entered: 06/04/2010)

NOTICE of Service of Supplemental Interrogatories by Indigo Investments, LLC (White, David) (Entered: 06/04/2010)

NOTICE of Service of Supplemental Request for Production by Indigo Investments, LLC (White, David) (Entered: 06/04/2010)

NOTICE of Service of Second Amended Response to Request for Production by United States of America (Richmond, Erin) (Entered: 06/04/2010)

NOTICE of Service of Second Amended Response to Interrogatories by United States of America (Richmond, Erin) (Entered: 06/10/2010)

NOTICE of Service of Request for Admissions by United States of America (Paige, Mitzi) (Entered: 06/10/2010)

NOTICE to Take Deposition of Barbara A. Hamilton by United States of America (Maranzano, Jennifer) (Entered: 06/14/2010)

NOTICE to Take Deposition of Edward L. Hamilton by United States of America (Maranzano, Jennifer) (Entered: 06/14/2010)

NOTICE to Take Deposition of Chris Hebert by United States of America (Maranzano, Jennifer) (Entered: 06/14/2010)

NOTICE to Take Deposition of Mary Hebert by United States of America (Maranzano, Jennifer) (Entered: 06/14/2010)

NOTICE to Take Deposition of Doug Hebert by United States of America (Maranzano, Jennifer) (Entered: 06/14/2010)

NOTICE of Service of Plaintiff United States' Second Sets of Interrogatories by United States of America (Fregiato, Christopher) (Entered: 06/15/2010)

NOTICE to Take Deposition of Mary Hebert by United States of America (Fregiato, Christopher) (Entered: 06/24/2010)

NOTICE to Take Deposition of Douglas Hebert by United States of America (Fregiato, Christopher) (Entered: 06/24/2010)

NOTICE to Take Deposition of Chris Hebert by United States of America (Maranzano, Jennifer) (Entered: 06/30/2010)

NOTICE to Take Deposition of Indigo Investments, LLC by United States of America (Fregiato, Christopher) (Entered: 07/01/2010)

NOTICE of Appearance by Melissa Batia Williams on behalf of Christopher S Hebert (Williams, Melissa) (Entered: 07/06/2010)

MOTION to Quash Subpoena by Christopher S Hebert (Attachments: # 1 Exhibit A)(Williams, Melissa) (Entered: 07/06/2010)

NOTICE of Service of Response to Interrogatories by United States of America (Fregiato, Christopher) (Entered: 07/07/2010)

NOTICE of Service of Response to Request for Production by United States of America (Fregiato, Christopher) (Entered: 07/09/2010)

NOTICE to Take Deposition of Thelton Moses by Indigo Investments, LLC (White, David) (Entered: 07/09/2010)

NOTICE of Service of Response to Request for Admissions by Barbara A. Hamilton (White, David) (Entered: 07/09/2010)

NOTICE of Service of Response to Request for Admissions by Edward L. Hamilton (White, David) (Entered: 07/09/2010)

NOTICE to Take Deposition of Barbara A. Hamilton by United States of America (Maranzano, Jennifer) (Entered: 07/13/2010)

NOTICE to Take Deposition of Edward L. Hamilton by United States of America (Maranzano, Jennifer) (Entered: 07/13/2010)

MOTION for Protective Order by Page, Mannino, Peresich & McDermott, PLLC (Attachments: # 1 Exhibit)(Prescott, Nathan) (Entered: 07/14/2010)

NOTICE to Take Deposition of Thelton Moses by Indigo Investments, LLC (White, David) (Entered: 07/14/2010)

Subpoena Returned Executed as to Thelton Moses. (White, David) (Entered: 07/14/2010)

Subpoena Returned Executed as to Thelton Moses. (White, David) (Entered: 07/14/2010)

NOTICE of Service of Response to Interrogatories by Barbara A. Hamilton, Edward L. Hamilton (White, David) (Entered: 07/15/2010)

NOTICE of Service of Response to Request for Production by Barbara A. Hamilton, Edward L. Hamilton (White, David) (Entered: 07/15/2010)

NOTICE of Service of Response to Interrogatories by Indigo Investments, LLC (White, David) (Entered: 07/15/2010)

NOTICE of Service of Third Supplemental Response to Interrogatories by Indigo Investments, LLC (White, David) (Entered: 07/15/2010)

NOTICE of Service of Third Supplemental Response to Request for Production by Indigo Investments, LLC (White, David) (Entered: 07/15/2010)

**NOTE: DISREGARD ENTRY. NOTICE of Service of Fourth Supplemental Pre-Discovery Disclosure by United States of America (Richmond, Erin); Modified to restrict entry and add docket text on 7/15/2010 (JCH). (Entered: 07/15/2010)

NOTICE of Service of Fourth Supplemental Pre-Discovery Disclosure by United States of America (Richmond, Erin) (Entered: 07/15/2010)

NOTICE of Service of Response to Interrogatories by United States of America (Richmond, Erin) (Entered: 07/15/2010)

NOTICE of Service of Response to Interrogatories by United States of America (Richmond, Erin) (Entered: 07/15/2010)

Subpoena Returned Executed as to Harrison County Sheriff's Department. (White, David) (Entered: 07/16/2010)

MOTION for Extension of Time to Complete Discovery (Motion Deadline) by Barbara A. Hamilton, Edward L. Hamilton, Christopher S Hebert, Indigo Investments, LLC (White, David) (Entered: 07/20/2010)

MOTION to Withdraw 72 MOTION for Protective Order by Page, Mannino, Peresich & McDermott, PLLC (Prescott, Nathan) (Entered: 07/29/2010)

MOTION to Dismiss by Barbara A. Hamilton, Edward L. Hamilton, Christopher S Hebert, Indigo Investments, LLC (White, David) (Entered: 08/09/2010)

MOTION for Summary Judgment by Barbara A. Hamilton, Edward L. Hamilton, Christopher S Hebert, Indigo Investments, LLC (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit)(White, David) (Entered: 08/09/2010)

MEMORANDUM in Support re 89 MOTION for Summary Judgment filed by Barbara A. Hamilton, Edward L. Hamilton, Christopher S Hebert, Indigo Investments, LLC (White, David) (Entered: 08/09/2010)

MOTION for Extension of Time to File Response/Reply to Defendants' Motion for Summary Judgment by United States of America (Maranzano, Jennifer) (Entered: 08/12/2010)

RESPONSE to Motion re 88 MOTION to Dismiss filed by United States of America (Fregiato, Christopher) (Entered: 08/26/2010)

Unopposed MOTION for Leave to File Excess Pages for Its Response to Defendants' Motion for Summary Judgment by United States of America (Fregiato, Christopher) (Entered: 09/09/2010)

RESPONSE to Motion re 89 MOTION for Summary Judgment, 90 Memorandum in Support of Motion filed by United States of America (Attachments: # 1 Exhibit Exhibit List, # 2 Exhibit Declaration of M. Johnson, # 3 Exhibit Declaration of J. Johnson, # 4 Exhibit Declaration of T. Samuel, # 5 Exhibit Declaration of T. Young, # 6 Exhibit Declaration of L. Reyes, # 7 Exhibit Declaration of W. Batey, # 8 Exhibit Declaration of D. Duong, # 9 Exhibit Declaration of C. Boose, # 10 Exhibit Declaration of B. Boose, # 11 Exhibit Declaration of P. Gale, # 12 Exhibit Declaration of K. Gale, # 13 Exhibit Declaration of B. Jefferson, # 14 Exhibit Declaration of M. Jefferson, # 15 Exhibit Declaration of N. Cooper, # 16 Exhibit Declaration of M.B. Harrison, # 17 Exhibit Declaration of R. Robinson, # 18 Exhibit Declaration of T. Vick, # 19 Exhibit Complaint, # 20 Exhibit Indigo Investments' Answers to Pl.'s First Set of Interrogatories, # 21 Exhibit Excerpts of Hebert 30(b)(6) Deposition 5/4/10, # 22 Exhibit Excerpts of Indigo 30(b)(6) Deposition 7/9/10, # 23 Exhibit Excerpts of Hebert Deposition 7/9/10, # 24 Exhibit Excerpts of B. Hamilton Deposition 6/1/10, # 25 Exhibit Excerpts of E. Hamilton Deposition 7/14/10, # 26 Exhibit Excerpts of B. Hamilton Deposition 7/14/10, # 27 Exhibit M. Barnes Written Warnings and Notice, # 28 Exhibit Homestead Park Rules, # 29 Exhibit M. Barnes Johnson Eviction Documents, # 30 Exhibit L. Reyes Eviction Documents, # 31 Exhibit C. Boose Written Warnings and Notice, # 32 Exhibit T. Vick Lease and Written Warnings, # 33 Exhibit M. Keel Lease and Written Warnings, # 34 Exhibit HUD Reasonable Cause Determination, # 35 Exhibit S. Reid Lease and Written Warnings, # 36 Exhibit I. Locke Lease and Written Warnings, # 37 Exhibit K. Perry Lease and Written Warnings, # 38 Exhibit GCFHC Testing Report, # 39 Exhibit R. Robinson Lease)(Fregiato, Christopher) (Entered: 09/09/2010)

MOTION for Extension of Time to File Response/Reply as to 94 Response to Motion,,,,,,, 89 MOTION for Summary Judgment by Barbara A. Hamilton, Edward L. Hamilton, Christopher S Hebert, Indigo Investments, LLC (White, David) (Entered: 09/17/2010)

ORDER granting Defendants' 95 Motion for Extension of Time to file a Reply in support of their 89 MOTION for Summary Judgment. The Replies are due by 9/30/2010. Signed by District Judge Louis Guirola, Jr., on September 20, 2010. (RH) (Entered: 09/20/2010)

Unopposed MOTION for Leave to File Excess Pages by Barbara A. Hamilton, Edward L. Hamilton, Christopher S Hebert, Indigo Investments, LLC (White, David) (Entered: 09/28/2010)

Rebuttal re 90 Memorandum in Support of Motion, 94 Response to Motion,,,,,,, 89 MOTION for Summary Judgment filed by Barbara A. Hamilton, Edward L. Hamilton, Christopher S Hebert, Indigo Investments, LLC (White, David) (Entered: 09/30/2010)

Response in Support re 94 RESPONSE to Motion re 89 MOTION for Summary Judgment, 90 Memorandum in Support of Motion filed by United States of America (Attachments: # 1 Exhibit Exhibit List, # 2 Exhibit Declaration of M. Johnson, # 3 Exhibit Declaration of J. Johnson, # 4 Exhibit Declaration of T. Samuel, # 5 Exhibit Declaration of T. Young, # 6 Exhibit Declaration of L. Reyes, # 7 Exhibit Declaration of W. Batey, # 8 Exhibit Declaration of D. Duong, # 9 Exhibit Declaration of C. Boose, # 10 Exhibit Declaration of B. Boose, # 11 Exhibit Declaration of P. Gale, # 12 Exhibit Declaration of K. Gale, # 13 Exhibit Declaration of B. Jefferson, # 14 Exhibit Declaration of M. Jefferson, # 15 Exhibit Declaration of N. Cooper, # 16 Exhibit Declaration of M.B. Harrison, # 17 Exhibit Declaration of R. Robinson, # 18 Exhibit Declaration of T. Vick, # 19 Exhibit Complaint, # 20 Exhibit Indigo Investments' Answers to Pl.'s First Set of Interrogatories, # 21 Exhibit Excerpts of Hebert 30(b)(6) Deposition 5/4/10, # 22 Exhibit Excerpts of Indigo 30(b)(6) Deposition 7/9/10, # 23 Exhibit Excerpts of Hebert Deposition 7/9/10, # 24 Exhibit Excerpts of B. Hamilton Deposition 6/1/10, # 25 Exhibit Excerpts of E. Hamilton Deposition 7/14/10, # 26 Exhibit Excerpts of B. Hamilton Deposition 7/14/10, # 27 Exhibit M. Barnes Written Warnings and Notice, # 28 Exhibit Homestead Park Rules, # 29 Exhibit M. Barnes Johnson Eviction Documents, # 30 Exhibit L. Reyes Eviction Documents, # 31 Exhibit C. Boose Written Warnings and Notice, # 32 Exhibit T. Vick Lease and Written Warnings, # 33 Exhibit M. Keel Lease and Written Warnings, # 34 Exhibit HUD Reasonable Cause Determination, # 35 Exhibit S. Reid Lease and Written Warnings, # 36 Exhibit I. Locke Lease and Written Warnings, # 37 Exhibit K. Perry Lease and Written Warnings, # 38 Exhibit GCFHC Testing Report, # 39 Exhibit R. Robinson Lease)(Fregiato, Christopher), 89 MOTION for Summary Judgment by Barbara A. Hamilton, Edward L. Hamilton, Christopher S Hebert, Indigo Investments, LLC (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit)(White, David), 98 Rebuttal re 90 Memorandum in Support of Motion, 94 Response to Motion,,,,,,, 89 MOTION for Summary Judgment filed by Barbara A. Hamilton, Edward L. Hamilton, Christopher S Hebert, Indigo Investments, LLC (White, David), 90 MEMORANDUM in Support re 89 MOTION for Summary Judgment filed by Barbara A. Hamilton, Edward L. Hamilton, Christopher S Hebert, Indigo Investments, LLC (White, David) filed by Barbara A. Hamilton, Edward L. Hamilton, Christopher S Hebert, Indigo Investments, LLC (Attachments: # 1 Exhibit Deposition Excerpts of B. Hamilton, # 2 Exhibit Deposition Excerpts of C. Hebert, # 3 Exhibit Deposition Excerpts of E. Hamilton, # 4 Exhibit Rose Robinson FEMA Lease, # 5 Exhibit Affidavit of Laurarance Newkirk, # 6 Exhibit Affidavit of Carl Stanton, # 7 Exhibit Deposition Excerpts of T. Moses, # 8 Exhibit Affidavit of Rose Stanton)(White, David) (Entered: 09/30/2010)

MOTION to Strike 99 Response in Support,,,,,,,,,,,, by United States of America (Attachments: # 1 Exhibit Notice of Electronic Filing of Text-Only Order, # 2 Exhibit Indigo's Answers to US' First Interrogatories, # 3 Exhibit Email from White supplementing disclosures, # 4 Exhibit Notice of Service of US' Response to Defs.' RFP, # 5 Exhibit Letter re: Moses depo transcript, # 6 Exhibit Email re: B. Hamilton depo transcript v.2, # 7 Exhibit Email re: B. Hamilton depo transcript v.1)(Fregiato, Christopher) (Entered: 10/07/2010)