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Opinions
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 | Judge | |
|---|---|---|---|
| 10/15/12 |
Emerick v. Eckerdt (4:11-ap-02147-JMM) 10/15/12 Holding: Based upon the law and the evidence, the court finds and concludes that Plaintiff failed to prove a case of a non-dischargeable act by a preponderance of the evidence. Accordingly, judgment will be entered in favor of the Defendant, and dismissing Plaintiff's complaint against her. Similarly, as for Ms. Emerick's Proof of Claim, the court finds no reason to find that either Ms. Eckerdt or Ms. Webb owe her any money for breach of contract. |
Judge James M. Marlar (recalled) | |
| 10/15/12 |
Emerick V. Eckerdt (4:11-ap-02147-JMM) 10/15/12 Memorandum Decision |
Judge James M. Marlar (recalled) | |
| 10/01/12 |
Clarence J. Smith Testamentary Trust V. Day Et Al (2:11-ap-00529-SSC) 10/01/12 Order Incorporating Memorandum Decision Dated September 29, 2012 |
Judge Sarah S. Curley (retired) | |
| 09/27/12 |
Stone v. Central and Monroe, LLC (2:09-ap-00424-RJH) 09/27/12 Holding: On these facts, equitable subrogation is not necessary to prevent unjust enrichment of the contractors and subcontractors. To the contrary, even without equitable subrogation, the contractors will be paid far less than they are justly entitled to receive for their work, and it is entirely just and proper that Mortgages should bear a substantial portion of their loss, for which it is largely responsible in at least an equitable sense. The contractors and subcontractors are therefore entitled to a lien priority dating from October, 2005, and Mortgages Ltd. is entitled only to the priority dating from the recordation of its deed of trust on May 16, 2007. |
Judge Randolph J. Haines (retired) | |
| 09/27/12 |
Jeffrey C. Stone, Inc. D/B/A Summit Builders V. Arizona Control Specialists Et Al (2:09-ap-00424-RJH) 09/27/12 Opinion Re: Lien Priority |
Judge Randolph J. Haines (retired) | |
| 09/26/12 |
C&C Equipment Co. Doing Business As Professional L V. Bialowas (2:10-ap-01986-CGC) 09/26/12 Under Advisement Decision Re: Plaintiff's Non-Dischargeability Complaint |
Judge Charles G. Case II (retired) | |
| 09/26/12 |
C&C Equipment Co. v. Bialowas (2:10-ap-01986-CGC) 09/26/12 Holding: Plaintiff, C&C Equipment, objects to the discharge of Debtor and Defendant Bialowas on the grounds that: (1) the debt to C&C was incurred as a result of Bialowas’s misrepresentations, thus excepting the debt from discharge under section 523(a)(2)(A); (2) Bialowas concealed assets, thus preventing him from obtaining a discharge under section 727(a)(2); (3) Bialowas failed to maintain adequate records, thus preventing him from obtaining a discharge under section 727(a)(3); (4) Bialowas made false statements about his assets, thereby preventing him from obtaining a discharge under section 727(a)(4); and (5) that Bialowas did not satisfactorily explain the loss of his assets, thus preventing him from obtaining a discharge under section 727(a)(5). Judgment on all causes of action will be given to the defendant. |
Judge Charles G. Case II (retired) | |
| 09/21/12 |
Red Mountain Machinery Company v. Comerica Bank (2:09-ap-00941-CGC) 09/21/12 Holding: Dierich’s activities fall short of what they should have been and the Court has found that some of those activities breached his fiduciary duty to RMMC. Indeed, in the many ways, the facts are so egregious that ever recurring questions are -- can’t something be done about this? Isn’t there some remedy for what he did? How can it be right for him to "get a pass?" But the law requires more than bad acts. It insists that those bad acts be the cause of concrete damage to the plaintiff. And, in this case, the proof is just not there on this critical point, except to the extent Dierich was paid during 2009 by RMMC while at the same time acting in his own interests. For these reasons, judgment will be given to the Defendants on all claims other than for salary disgorgement during 2009. |
Judge Charles G. Case II (retired) | |
| 09/21/12 |
Red Mountain Machinery Company Et Al V. Comerica Bank Et Al (2:09-ap-00941-CGC) 09/21/12 Memorandum Decision, Findings of Fact and Conclusions of Law Under Fed. R. Bankr. Proc. 7052 |
Judge Charles G. Case II (retired) | |
| 09/20/12 |
Jeffrey C. Stone, Inc. D/B/A Summit Builders V. Arizona Control Specialists Et Al (2:09-ap-00424-RJH) 09/20/12 Draft Opinion Re: Lien Priority |
Judge Randolph J. Haines (retired) |