KABINS FAMILY LIMITED PARTNERSHIP v. CHAIN CONSORTIUM

Case No. 2:09-cv-01125-GMN-RJJ

KABINS FAMILY LIMITED PARTNERSHIP, et al., Plaintiffs, v. CHAIN CONSORTIUM, et al., Defendants.

United States District Court, D. Nevada.

March 30, 2012.


Attorney(s) appearing for the Case

Kabins Family Limited Partnership, a Nevada limited partnership, Plaintiff, represented by Steven A. Gibson , Dickinson Wright PLLC, Jodi Donetta Lowry , Dickinson Wright PLLC, Jonathan M.A. Salls , Dickinson Wright PLLC & Laura Lucero , Dickinson Wright PLLC.

Lori C. Kabins, as trustee for the Lori C. Kabins Separate Property Trust, a Nevada trust, Plaintiff, represented by Steven A. Gibson , Dickinson Wright PLLC, Jodi Donetta Lowry , Dickinson Wright PLLC, Jonathan M.A. Salls , Dickinson Wright PLLC & Laura Lucero , Dickinson Wright PLLC.

99th & Indian School, LLC, a Nevada limited-liability company, Defendant, represented by William Kerry Skaggs , Law Office of William Kerry Skaggs.

99th & Indian School Management, LLC, a Nevada limited-liability company, Defendant, represented by William Kerry Skaggs , Law Office of William Kerry Skaggs.

Benessere, LLC, a Nevada limited-liability company, Defendant, represented by Albert D Massi & Chad A Bowers , The Law Office of Chad A. Bowers, Ltd..

Todd W. Bergman, an individual, Defendant, represented by James J. Jimmerson , JIMMERSON HANSEN, P.C. & Mario P. Lovato , Lovato Law Firm, P.C..

Buckeye Canamex 77 One, LLC, a Nevada limited-liability company, Defendant, represented by Albert D Massi & Chad A Bowers , The Law Office of Chad A. Bowers, Ltd..

Buckeye 80 West Three, LLC, a Nevada limited-liability company, Defendant, represented by Albert D Massi & Chad A Bowers , The Law Office of Chad A. Bowers, Ltd..

Capri I, LLC, a Nevada limited-liability company, Defendant, represented by William Kerry Skaggs , Law Office of William Kerry Skaggs.

Capri II, LLC, a Nevada limited-liability company, Defendant, represented by William Kerry Skaggs , Law Office of William Kerry Skaggs.

Jeff Chain, an individual, Defendant, represented by Matthew L. Johnson , Matthew L. Johnson & Associates, P.C..

Linda Chain, an individual, Defendant, represented by Matthew L. Johnson , Matthew L. Johnson & Associates, P.C..

Linda Chain, as trustee for the Jeff & Linda Chain Family Trust, Defendant, represented by Matthew L. Johnson , Matthew L. Johnson & Associates, P.C..

Cipriani, LLC, a Nevada limited-liability company, Defendant, represented by Albert D Massi & Chad A Bowers , The Law Office of Chad A. Bowers, Ltd..

Cipriani Management, LLC, a Nevada limited-liability company, Defendant, represented by Barbara I Johnston , Johnston & Associates.

GEIII, LLC, a Nevada limited-liability company also known as GE III, Defendant, represented by Barbara I Johnston , Johnston & Associates.

Gila Bend 384, LLC, a Nevada limited-liability company, Defendant, represented by Albert D Massi & Chad A Bowers , The Law Office of Chad A. Bowers, Ltd..

Edward Gutzman, III, an individual, Defendant, represented by Barbara I Johnston , Johnston & Associates.

Esq. Gabriel Martinez, an individual, Defendant, represented by William Kerry Skaggs , Law Office of William Kerry Skaggs.

Phoenix 83rd, LLC, a Nevada limited-liability company, Defendant, represented by William Kerry Skaggs , Law Office of William Kerry Skaggs.

T.W.B. Enterprises, Inc., a Nevada corporation, Defendant, represented by Mario P. Lovato , Lovato Law Firm, P.C..

Benessere Management, LLC, Defendant, represented by Barbara I Johnston , Johnston & Associates.

Mark B. Kabins, Defendant, represented by Jodi Donetta Lowry , Dickinson Wright PLLC.

Gila Bend 384, LLC, a Nevada limited-liability company, Cross Claimant, represented by Albert D Massi & Chad A Bowers , The Law Office of Chad A. Bowers, Ltd..

Buckeye Canamex 77 One, LLC, a Nevada limited-liability company, Cross Claimant, represented by Albert D Massi & Chad A Bowers , The Law Office of Chad A. Bowers, Ltd..

Benessere, LLC, a Nevada limited-liability company, Cross Claimant, represented by Albert D Massi & Chad A Bowers , The Law Office of Chad A. Bowers, Ltd..

Buckeye 80 West Three, LLC, a Nevada limited-liability company, Cross Claimant, represented by Albert D Massi & Chad A Bowers , The Law Office of Chad A. Bowers, Ltd..

Cipriani, LLC, a Nevada limited-liability company, Cross Claimant, represented by Albert D Massi & Chad A Bowers , The Law Office of Chad A. Bowers, Ltd..

99th & Indian School, LLC, a Nevada limited-liability company, Cross Defendant, represented by William Kerry Skaggs , Law Office of William Kerry Skaggs.

Jeff Chain, as trustee for the Jeff & Linda Chain Family Trust, Cross Defendant, represented by Matthew L. Johnson , Matthew L. Johnson & Associates, P.C..

Linda Chain, as trustee for the Jeff & Linda Chain Family Trust, Cross Defendant, represented by Matthew L. Johnson , Matthew L. Johnson & Associates, P.C..

Linda Chain, an individual, Cross Defendant, represented by Matthew L. Johnson , Matthew L. Johnson & Associates, P.C..

Edward Gutzman, III, an individual, Cross Defendant, represented by Barbara I Johnston , Johnston & Associates.

T.W.B. Enterprises, Inc., a Nevada corporation, Cross Defendant, represented by Mario P. Lovato , Lovato Law Firm, P.C..

Cipriani Management, LLC, a Nevada limited-liability company, Cross Defendant, represented by Barbara I Johnston , Johnston & Associates.

Capri II, LLC, a Nevada limited-liability company, Cross Defendant, represented by William Kerry Skaggs , Law Office of William Kerry Skaggs.

Todd W. Bergman, an individual, Cross Defendant, represented by James J. Jimmerson , JIMMERSON HANSEN, P.C. & Mario P. Lovato , Lovato Law Firm, P.C..

GEIII, LLC, a Nevada limited-liability company, Cross Defendant, represented by Barbara I Johnston , Johnston & Associates.

Capri I, LLC, a Nevada limited-liability company, Cross Defendant, represented by William Kerry Skaggs , Law Office of William Kerry Skaggs.

Esq. Gabriel Martinez, an individual, Cross Defendant, represented by William Kerry Skaggs , Law Office of William Kerry Skaggs.

Benessere Management, LLC, Cross Defendant, represented by Barbara I Johnston , Johnston & Associates.

Phoenix 83rd, LLC, a Nevada limited-liability company, Cross Defendant, represented by William Kerry Skaggs , Law Office of William Kerry Skaggs.

Jeff Chain, an individual, Cross Defendant, represented by Matthew L. Johnson , Matthew L. Johnson & Associates, P.C..

99th & Indian School Management, LLC, a Nevada limited-liability company, Cross Defendant, represented by William Kerry Skaggs , Law Office of William Kerry Skaggs.

Gila Bend 384, LLC, a Nevada limited-liability company, Counter Claimant, represented by Albert D Massi & Chad A Bowers , The Law Office of Chad A. Bowers, Ltd..

Buckeye Canamex 77 One, LLC, a Nevada limited-liability company, Counter Claimant, represented by Albert D Massi & Chad A Bowers , The Law Office of Chad A. Bowers, Ltd..

Benessere, LLC, a Nevada limited-liability company, Counter Claimant, represented by Albert D Massi & Chad A Bowers , The Law Office of Chad A. Bowers, Ltd..

Buckeye 80 West Three, LLC, a Nevada limited-liability company, Counter Claimant, represented by Albert D Massi & Chad A Bowers , The Law Office of Chad A. Bowers, Ltd..

Cipriani, LLC, a Nevada limited-liability company, Counter Claimant, represented by Albert D Massi & Chad A Bowers , The Law Office of Chad A. Bowers, Ltd..

Lori C. Kabins, as trustee for the Lori C. Kabins Separate Property Trust, a Nevada trust, Counter Defendant, represented by Steven A. Gibson , Dickinson Wright PLLC & Jodi Donetta Lowry , Dickinson Wright PLLC.

Kabins Family Limited Partnership, a Nevada limited partnership, Counter Defendant, represented by Steven A. Gibson , Dickinson Wright PLLC & Jodi Donetta Lowry , Dickinson Wright PLLC.

Cipriani Management, LLC, a Nevada limited-liability company, Cross Claimant, represented by Barbara I Johnston , Johnston & Associates.

Benessere Management, LLC, Cross Claimant, represented by Barbara I Johnston , Johnston & Associates.

Edward Gutzman, III, an individual, Cross Claimant, represented by Barbara I Johnston , Johnston & Associates.

GEIII, LLC, a Nevada limited-liability company, Cross Claimant, represented by Barbara I Johnston , Johnston & Associates.

Cipriani, LLC, a Nevada limited-liability company, Cross Defendant, represented by Albert D Massi & Chad A Bowers , The Law Office of Chad A. Bowers, Ltd..

Jeff Chain, an individual, Cross Defendant, represented by Matthew L. Johnson , Matthew L. Johnson & Associates, P.C..

Cipriani Management, LLC, a Nevada limited-liability company, Counter Claimant, represented by Barbara I Johnston , Johnston & Associates.

Benessere Management, LLC, Counter Claimant, represented by Barbara I Johnston , Johnston & Associates.

Edward Gutzman, III, an individual, Counter Claimant, represented by Barbara I Johnston , Johnston & Associates.

GEIII, LLC, a Nevada limited-liability company, Counter Claimant, represented by Barbara I Johnston , Johnston & Associates.

Lori C. Kabins, as trustee for the Lori C. Kabins Separate Property Trust, a Nevada trust, Counter Defendant, represented by Steven A. Gibson , Dickinson Wright PLLC & Jodi Donetta Lowry , Dickinson Wright PLLC.

Kabins Family Limited Partnership, a Nevada limited partnership, Counter Defendant, represented by Steven A. Gibson , Dickinson Wright PLLC & Jodi Donetta Lowry , Dickinson Wright PLLC.

Buckeye Canamex 77 One, LLC, a Nevada limited-liability company, ThirdParty Plaintiff, represented by Albert D Massi & Chad A Bowers , The Law Office of Chad A. Bowers, Ltd..

Buckeye 80 West Three, LLC, a Nevada limited-liability company, ThirdParty Plaintiff, represented by Albert D Massi & Chad A Bowers , The Law Office of Chad A. Bowers, Ltd..

Cipriani, LLC, a Nevada limited-liability company, ThirdParty Plaintiff, represented by Albert D Massi & Chad A Bowers , The Law Office of Chad A. Bowers, Ltd..

Gila Bend 384, LLC, a Nevada limited-liability company, ThirdParty Plaintiff, represented by Albert D Massi & Chad A Bowers , The Law Office of Chad A. Bowers, Ltd..

Benessere, LLC, a Nevada limited-liability company, ThirdParty Plaintiff, represented by Albert D Massi & Chad A Bowers , The Law Office of Chad A. Bowers, Ltd..

Mark B. Kabins, ThirdParty Defendant, represented by Jodi Donetta Lowry , Dickinson Wright PLLC.

Benessere, LLC, a Nevada limited-liability company, Counter Claimant, represented by Albert D Massi & Chad A Bowers , The Law Office of Chad A. Bowers, Ltd..

Buckeye 80 West Three, LLC, a Nevada limited-liability company, Counter Claimant, represented by Albert D Massi & Chad A Bowers , The Law Office of Chad A. Bowers, Ltd..

Buckeye Canamex 77 One, LLC, a Nevada limited-liability company, Counter Claimant, represented by Albert D Massi & Chad A Bowers , The Law Office of Chad A. Bowers, Ltd..

Cipriani, LLC, a Nevada limited-liability company, Counter Claimant, represented by Albert D Massi & Chad A Bowers , The Law Office of Chad A. Bowers, Ltd..

Gila Bend 384, LLC, a Nevada limited-liability company, Counter Claimant, represented by Albert D Massi & Chad A Bowers , The Law Office of Chad A. Bowers, Ltd..

Lori C. Kabins, as trustee for the Lori C. Kabins Separate Property Trust, a Nevada trust, Counter Defendant, represented by Steven A. Gibson , Dickinson Wright PLLC & Jodi Donetta Lowry , Dickinson Wright PLLC.

Kabins Family Limited Partnership, a Nevada limited partnership, Counter Defendant, represented by Steven A. Gibson , Dickinson Wright PLLC & Jodi Donetta Lowry , Dickinson Wright PLLC.

Benessere, LLC, a Nevada limited-liability company, ThirdParty Plaintiff, represented by Albert D Massi & Chad A Bowers , The Law Office of Chad A. Bowers, Ltd..

Buckeye 80 West Three, LLC, a Nevada limited-liability company, ThirdParty Plaintiff, represented by Albert D Massi & Chad A Bowers , The Law Office of Chad A. Bowers, Ltd..

Buckeye Canamex 77 One, LLC, a Nevada limited-liability company, ThirdParty Plaintiff, represented by Albert D Massi & Chad A Bowers , The Law Office of Chad A. Bowers, Ltd..

Cipriani, LLC, a Nevada limited-liability company, ThirdParty Plaintiff, represented by Albert D Massi & Chad A Bowers , The Law Office of Chad A. Bowers, Ltd..

Gila Bend 384, LLC, a Nevada limited-liability company, ThirdParty Plaintiff, represented by Albert D Massi & Chad A Bowers , The Law Office of Chad A. Bowers, Ltd..

Mark B. Kabins, ThirdParty Defendant, represented by Jodi Donetta Lowry , Dickinson Wright PLLC & Jonathan M.A. Salls , Dickinson Wright PLLC.

Cipriani Management, LLC, a Nevada limited-liability company, Counter Claimant, represented by Barbara I Johnston , Johnston & Associates.

GEIII, LLC, a Nevada limited-liability company, Counter Claimant, represented by Barbara I Johnston , Johnston & Associates.

Edward Gutzman, III, an individual, Counter Claimant, represented by Barbara I Johnston , Johnston & Associates.

Lori C. Kabins, as trustee for the Lori C. Kabins Separate Property Trust, a Nevada trust, Counter Defendant, represented by Steven A. Gibson , Dickinson Wright PLLC & Jodi Donetta Lowry , Dickinson Wright PLLC.

Kabins Family Limited Partnership, a Nevada limited partnership, Counter Defendant, represented by Steven A. Gibson , Dickinson Wright PLLC & Jodi Donetta Lowry , Dickinson Wright PLLC.

Benessere, LLC, a Nevada limited-liability company, Cross Claimant, represented by Albert D Massi & Chad A Bowers , The Law Office of Chad A. Bowers, Ltd..

Buckeye 80 West Three, LLC, a Nevada limited-liability company, Cross Claimant, represented by Albert D Massi & Chad A Bowers , The Law Office of Chad A. Bowers, Ltd..

Buckeye Canamex 77 One, LLC, a Nevada limited-liability company, Cross Claimant, represented by Albert D Massi & Chad A Bowers , The Law Office of Chad A. Bowers, Ltd..

Cipriani, LLC, a Nevada limited-liability company, Cross Claimant, represented by Albert D Massi & Chad A Bowers , The Law Office of Chad A. Bowers, Ltd..

Gila Bend 384, LLC, a Nevada limited-liability company, Cross Claimant, represented by Albert D Massi & Chad A Bowers , The Law Office of Chad A. Bowers, Ltd..

Todd W. Bergman, an individual, Cross Defendant, represented by James J. Jimmerson , JIMMERSON HANSEN, P.C. & Mario P. Lovato , Lovato Law Firm, P.C..

T.W.B. Enterprises, Inc., a Nevada corporation, Cross Defendant, represented by Mario P. Lovato , Lovato Law Firm, P.C..

Cipriani, LLC, a Nevada limited-liability company, Counter Claimant, represented by Albert D Massi & Chad A Bowers , The Law Office of Chad A. Bowers, Ltd..

Buckeye Canamex 77 One, LLC, a Nevada limited-liability company, Counter Claimant, represented by Albert D Massi & Chad A Bowers , The Law Office of Chad A. Bowers, Ltd..

Buckeye 80 West Three, LLC, a Nevada limited-liability company, Counter Claimant, represented by Albert D Massi & Chad A Bowers , The Law Office of Chad A. Bowers, Ltd..

Benessere, LLC, a Nevada limited-liability company, Counter Claimant, represented by Albert D Massi & Chad A Bowers , The Law Office of Chad A. Bowers, Ltd..

Gila Bend 384, LLC, a Nevada limited-liability company, Counter Claimant, represented by Albert D Massi & Chad A Bowers , The Law Office of Chad A. Bowers, Ltd..

Lori C. Kabins, as trustee for the Lori C. Kabins Separate Property Trust, a Nevada trust, Counter Defendant, represented by Steven A. Gibson , Dickinson Wright PLLC & Jodi Donetta Lowry , Dickinson Wright PLLC.

Kabins Family Limited Partnership, a Nevada limited partnership, Counter Defendant, represented by Steven A. Gibson , Dickinson Wright PLLC & Jodi Donetta Lowry , Dickinson Wright PLLC.

Benessere, LLC, a Nevada limited-liability company, Cross Claimant, represented by Albert D Massi & Chad A Bowers , The Law Office of Chad A. Bowers, Ltd..

Buckeye 80 West Three, LLC, a Nevada limited-liability company, Cross Claimant, represented by Albert D Massi & Chad A Bowers , The Law Office of Chad A. Bowers, Ltd..

Cipriani, LLC, a Nevada limited-liability company, Cross Claimant, represented by Albert D Massi & Chad A Bowers , The Law Office of Chad A. Bowers, Ltd..

Gila Bend 384, LLC, a Nevada limited-liability company, Cross Claimant, represented by Albert D Massi & Chad A Bowers , The Law Office of Chad A. Bowers, Ltd..

Buckeye Canamex 77 One, LLC, a Nevada limited-liability company, Cross Claimant, represented by Albert D Massi & Chad A Bowers , The Law Office of Chad A. Bowers, Ltd..

Todd W. Bergman, an individual, Cross Defendant, represented by James J. Jimmerson , JIMMERSON HANSEN, P.C. & Mario P. Lovato , Lovato Law Firm, P.C..

T.W.B. Enterprises, Inc., a Nevada corporation, Cross Defendant, represented by Mario P. Lovato , Lovato Law Firm, P.C..

Buckeye Canamex 77 One, LLC, a Nevada limited-liability company, ThirdParty Plaintiff, represented by Albert D Massi & Chad A Bowers , The Law Office of Chad A. Bowers, Ltd..

Buckeye 80 West Three, LLC, a Nevada limited-liability company, ThirdParty Plaintiff, represented by Albert D Massi & Chad A Bowers , The Law Office of Chad A. Bowers, Ltd..

Cipriani, LLC, a Nevada limited-liability company, ThirdParty Plaintiff, represented by Albert D Massi & Chad A Bowers , The Law Office of Chad A. Bowers, Ltd..

Benessere, LLC, a Nevada limited-liability company, ThirdParty Plaintiff, represented by Albert D Massi & Chad A Bowers , The Law Office of Chad A. Bowers, Ltd..

Gila Bend 384, LLC, a Nevada limited-liability company, ThirdParty Plaintiff, represented by Albert D Massi & Chad A Bowers , The Law Office of Chad A. Bowers, Ltd..

Mark B. Kabins, ThirdParty Defendant, represented by Jodi Donetta Lowry , Dickinson Wright PLLC & Jonathan M.A. Salls , Dickinson Wright PLLC.

James D Main, ThirdParty Defendant, represented by Lisa J Zastrow , Kaempfer Crowell Renshaw Gronauer & Fiorentino.

Main Amundson & Associates LLC, ThirdParty Defendant, represented by Lisa J Zastrow , Kaempfer Crowell Renshaw Gronauer & Fiorentino.


ORDER

GLORIA M. NAVARRO, District Judge.

This case was initiated in June 2009, and was originally filed by two entity plaintiffs — Kabins Family Limited Partnership, a Nevada limited partnership, and Lori C. Kabins, as trustee for the Lori C. Kabins Separate Property Trust, a Nevada trust (collectively, "the Kabins Entities") — against thirty-two individual and entity defendants on forty-six causes of action related to alleged securities fraud...

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