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Opinions

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The District of Arizona offers a database of opinions for the years 2012 to current, listed by year and judge.

Judicial opinions from the District of Arizona, as well as other participating courts from throughout the nation, can also be accessed through the U.S. Government Publishing Office's United States Courts Opinions web page. To view judicial opinions on the GPO’s website, click here.

Date Description Judgesort ascending
10/27/06 Warfield V. Gmac (2:06-ap-00637-CGC) 10/27/06

Under Advisement Decision re: Motion for Summary Judgment and Motion to Compel Turnover and Approve Sale of Property Free and Clear of All Liens

Judge Charles G. Case II (retired)
08/16/10 American Express Bank, Fsb V. Quintana (2:09-ap-00899-CGC) 08/16/10

Under Advisement Decision Summary Judgment

Judge Charles G. Case II (retired)
08/26/11 Terry John Gardona And Janet Susan Gardona (2:10-bk-30863-CGC) 08/26/11

Memorandum Decision re: Fees

Judge Charles G. Case II (retired)
12/27/12 Namwest, LLC et al v. Namwest-Town Lakes, LLC et al (2:08-ap-00860-CGC) 12/27/12

Holding: Although the Court has the discretion to grant attorneys’ fees because the claims arose out of contract, the Court denies the Namwest Parties’ applications for attorneys’ fees. The Kohan Parties’ factually complex claims had merit. The $640,000 fees requested would create an extreme hardship that would discourage others who believe they have oral contracts from bringing tenable claims. Furthermore, the fees requested are unreasonable, and the Court cannot determine if they are directly tied to the claims.

Judge Charles G. Case II (retired)
10/27/10 Nutracea, A California Corporation (2:09-bk-28817-CGC) 10/27/10

Findings of Fact and Conclusions of Law on Confirmation of First Amended Plan of Reorganization Proposed by Debtor and the Unsecured Creditors Committee

Judge Charles G. Case II (retired)
10/28/09 Eurofresh, Inc. (2:09-bk-07970-CGC) 10/28/09

Findings of Fact and Conclusions of Law Regarding Debtors' First Amended Joint Plan of Reorganization and Order Thereon

Judge Charles G. Case II (retired)
01/27/12 Namwest, Llc Et Al V. Namwest-Town Lakes, Llc Et Al (2:08-ap-00860-CGC) 01/27/12

Under Advisement Decision

Judge Charles G. Case II (retired)
03/28/06 Caroline Niles (2:04-bk-06943-CGC) 03/28/06

Under Advisement Decision re: Trustee's Motion for Turnover

Judge Charles G. Case II (retired)
07/17/12 Mountainside Fitness Centers Of Gilbert, L.L.C. And Thomas John Hatten (2:10-bk-23734-CGC) 07/17/12

Order Approving Stipulated Briefing Schedule Pursuant to Under Advisement Decision

Judge Charles G. Case II (retired)
06/26/12 Mountainside Fitness Centers Of Gilbert, L.L.C. ; Thomas John Hatten (2:10-bk-23734-CGC) 06/26/12

Holding: Therefore, the landlord, R.S. Lots’ § 502(b)(6) damages consist of base rent and additional rent for the greater of one year or 15% of the remaining term of the Lease, calculated from the petition date. Any prepetition rent and damages awarded by this Court or the superior court not already paid are owed in full. R.S. Lots may recover from either Mountainside as lessor or Hatten as guarantor, but may recover only once. 

Judge Charles G. Case II (retired)

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