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Idaho Military Historical Society V. Maslen Clerk's Record V. 5 Dckt UIdaho Law Digital Commons @ UIdaho Law Idaho Supreme Court Records & Briefs 1-28-2013 Idaho Military Historical Society v. Maslen Clerk's Record v. 5 Dckt. 39909 Follow this and additional works at: https://digitalcommons.law.uidaho.edu/ idaho_supreme_court_record_briefs Recommended Citation "Idaho Military Historical Society v. Maslen Clerk's Record v. 5 Dckt. 39909" (2013). Idaho Supreme Court Records & Briefs. 4094. https://digitalcommons.law.uidaho.edu/idaho_supreme_court_record_briefs/4094 This Court Document is brought to you for free and open access by Digital Commons @ UIdaho Law. It has been accepted for inclusion in Idaho Supreme Court Records & Briefs by an authorized administrator of Digital Commons @ UIdaho Law. For more information, please contact [email protected]. q ( PLEM RE ORD) T HO HI Plaintiff- unt rd ft ndant­ Re p nd nt fendan - unt rclaiman - pp llan . i trice J. a hie Be ker I 20 11 m-:~ f, r Re pond-:nt . Dinius and i ha I J. Han y 11 I L ·. Franklin Rd .. t . 13 6 7 IN THE SUPREME COURT OF THE STATE OF IDAHO IDAHO MILITARY HISTORICAL, ) SOCIETY, INC., ) ) Plaintiff-Counterdefendant­ ) Respondent, ) ) Supreme Court No. 39909-2012 -vs- ) ) HOLBROOK MASLEN, an individual; ) AEROPLANES OVER IDAHO, INC. an ) Idaho corporation; DOES I-V; and ) ABC CORPORATIONS I-V, ) ) Defendant-Counterclaimants­ ) Appellants. ) ) Appeal from the Third Judicial District, Canyon County, Idaho. HONORABLE JUNEAL C. KERRICK, Presiding J. Kahle Becker, 1020 W. Main St., Ste. 400, Boise ID 83702 Attorney for Respondent Kevin E. Dinius and Michael.J. Hanby II, DINIUS LAW, 5680 E. Franklin Rd., Ste.130, Nampa, ID 83687 Attorneys for Appellants TABLE OF CONTENTS Page No. Register of Actions 1-14 Idaho Military Historical Society, Inc's Post Trial Brief, filed 4-6-11 15-37 Defendants' Closing Brief, filed 4-6-11 38-57 Objection to the Settling of the Clerk's Record and Request for Additions, Filed 8-9-12 s8- 6o Order to Augment the Clerk's Record, filed 10-4-12 61-63 Certificate of Exhibits 64-66 Certificate of Clerk 67 Certificate of Service 68 INDEX Page No. Certificate of Clerk 67 Certificate of Exhibits 64-66 Certificate of Service 68 Defendants' Closing Brief, filed 4-6-n 38-57 Idaho Military Historical Society, Inc's Post Trial Brief, filed 4-6-n 15-37 Objection to the Settling of the Clerk's Record and Request for Additions, Filed 8-9-12 s8- 6o Order to Augment the Clerk's Record, filed 10-4-12 61-63 Register of Actions 1-14 Date: 12/27/2012 Thi ial District Court - Canyon County User: RANDALL Time: 08:20AM ROA Report Page 1 of 14 Case: CV-2009-0004047-C Current Judge: Juneal C. Kerrick Idaho Military Historical Society Inc vs. Holbrook Maslen, etal. Idaho Military Historical Society Inc vs. Holbrook Maslen, Aeroplanes Over Idaho Inc, ABC Corporations, Idaho Aviation Hall Of Fame Inc Other Claims Date Judge 4/16/2009 New Case Filed-Other Claims Juneal C. Kerrick Summons Issued x2 Juneal C. Kerrick Filing: E- Claim And Delivery Paid by: Becker, J Kahle (attorney for Idaho Juneal C. Kerrick Military Historical Society Inc,) Receipt number: 0384185 Dated: 4/16/2009 Amount: $88.00 (Check) For: Idaho Military Historical Society Inc, {plaintiff) 4/28/2009 Notice Of Hearing 5-7-09 Juneal C. Kerrick Hearing Scheduled (Motion Hearing 05/07/2009 09:00AM) proceed on Juneal C. Kerrick claim & delivery 5/5/2009 Affidavit Of Service Juneal C. Kerrick 5/6/2009 Hearing result for Motion Hearing held on 05/07/2009 09:00AM: Hearing Juneal C. Kerrick Vacated proceed on claim & delivery 5/11/2009 Filing: 17 -All Other Cases Paid by: Dinius, Kevin Receipt number: Juneal C. Kerrick 0389663 Dated: 5/11/2009 Amount: $58.00 {Check) For: Maslen, Holbrook (defendant) Notice Of Appearance and Intent to Defend-Kevin Dinius for Def Holbrook Juneal C. Kerrick Maslen and Aeroplanes Over Idaho 5/19/2009 Hearing Scheduled (Order to Show Cause 06/01/2009 01:30PM) Juneal C. Kerrick Order To Show Cause Issued 6-1-09 Juneal C. Kerrick 5/27/2009 Response to order to show cause (fax) Juneal C. Kerrick Affidavit of holbrook malsen (fax) Juneal C. Kerrick 5/29/2009 Motion to quash subpoena (fax) Juneal C. Kerrick 6/1/2009 Hearing result for Order to Show Cause held on 06/01/2009 01:30 PM: Juneal C. Kerrick District Court Hearing Held Court Reporter: Kathy Klemetson Number of Transcript Pages for this hearing estimated: Less than 100 Hearing result for Order to Show Cause held on 06/01/2009 01:30 PM: Juneal C. Kerrick Hearing Held 8/6/2009 Amended Complaint Filed Juneal C. Kerrick 812812009 Filing: K3 -Third party complaint- This fee is in addition to any fee filed as Juneal C. Kerrick a plaintiff initiating the case or as a defendant appearing in the case. Paid by: Dinius, Kevin E (attorney for Aeroplanes Over Idaho Inc) Receipt number: 0413252 Dated: 8/28/2009 Amount: $14.00 (Check) For: ABC Corporations (defendant), Aeroplanes Over Idaho Inc (defendant) and Maslen, Holbrook (defendant) Answer and Counterclaim, Third Party Complaint and Demand for Jury Juneal C. Kerrick Trial Summons Issued Juneal C. Kerrick 9/3/2009 Acceptance of Service (fax) Juneal C. Kerrick 9/15/2009 Idaho Military Historical Society's Reply to Counterclaim Juneal C. Kerrick Idaho Aviation Hall of Fame, Inc's Reply to Aeroplanes Over Idaho, Inc's Juneal C. Kerrick Third Party Complaint and Demand for Jury Trial Notice Of Service Juneal C. Kerrick 10/19/2009 Notice of Service Re: Discovery (fax) Juneal C. Kerrick Date: 12/27/2012 Thi udicial District Court- Canyon County User: RANDALL Time: 08:20AM ROAReport Page 2 of 14 Case: CV-2009-0004047-C Current Judge: Juneal C. Kerrick Idaho Military Historical Society Inc vs. Holbrook Maslen, eta I. Idaho Military Historical Society Inc vs. Holbrook Maslen, Aeroplanes Over Idaho Inc, ABC Corporations, Idaho Aviation Hall Of Fame Inc Other Claims Date 11/6/2009 Motion for Partial Summary Judgment Juneal C. Kerrick First Affidavit of J Kahle Becker Juneal C. Kerrick First Affidavit of John Steele Juneal C. Kerrick First Affidavit of Russell J Trebby Juneal C. Kerrick Memorandum in support of Mo for Partial Sum Judgment Juneal C. Kerrick Notice Of Hearing 12-1 0-09 Juneal C. Kerrick Hearing Scheduled (Motion Hearing 12/10/2009 09:00AM) Partial Sum Juneal C. Kerrick Judgment 11/25/2009 defendants holbrook maslen and aeroplanes response to pltfs motion for Juneal C. Kerrick partial summary judgment (fax) 12/10/2009 Hearing result for Motion Hearing held on 12/10/2009 09:00AM: District Juneal C. Kerrick Court Hearing Held Court Reporter: Kathy Klemetson Number of Transcript Pages for this hearing estimated: Less than 100 Hearing result for Motion Hearing held on 12/10/2009 09:00 AM: Motion Juneal C. Kerrick Held Partial Sum Judgment- Court to render written ruling 12/11/2009 Notice Of Service Juneal C. Kerrick Response to Request for Trial Setting (fax) Juneal C. Kerrick 12/14/2009 Request For Trial Setting Juneal C. Kerrick 12/16/2009 Plaintiffs Motion to compel Juneal C. Kerrick Affidavit of kahle becker Juneal C. Kerrick Brief in support of motion Juneal C. Kerrick Notice Of Hearing 1/7/2010 Juneal C. Kerrick Hearing Scheduled (Motion Hearing 01/07/2010 09:00AM) pltf motn Juneal C. Kerrick compel 12/21/2009 Order on Motion for Partial Summary Judgment Juneal C. Kerrick 12/30/2009 Notice Of Service of a DiscovefY Document (fax) Juneal C. Kerrick 1/5/2010 Notice Of Service of a Discovery Document (fax) Juneal C. Kerrick 1/6/2010 Hearing result for Motion Hearing held on 01/07/2010 09:00AM: Hearing Juneal C. Kerrick Vacated pltf motn compel - per Karisa at Kahle Becker's office 1/8/2010 Notice Of Service of a Discovery Document (fax) Juneal C. Kerrick 1/11/2010 Notice Of Service of a Discovery Document (fax) Juneal C. Kerrick 1/28/2010 Plaintiffs second Motion to compel Juneal C. Kerrick Brief in support of Plaintiffs second motion to compel Juneal C. Kerrick First Affidavit of j. Kahle Becker in support of second Motion to compel Juneal C. Kerrick Notice Of Hearing Juneal C. Kerrick Hearing Scheduled (Motion Hearing 02/11/2010 09:00AM) Pit second Juneal C. Kerrick Motion to compel 2/9/2010 Notice Of Service Juneal C. Kerrick Notice Of Service Juneal C. Kerrick 2/10/2010 Notice Of Service of a Discovery Document Juneal C. Kerrick Date: 12/27/2012 al District Court - Canyon County User: RANDALL Time: 08:20AM ROAReport Page 3 of 14 Case: CV-2009-0004047-C Current Judge: Juneal C. Kerrick Idaho Military Historical Society Inc vs. Holbrook Maslen, etal. Idaho Military Historical Society Inc vs. Holbrook Maslen, Aeroplanes Over Idaho Inc, ABC Corporations, Idaho Aviation Hall Of Fame Inc Other Claims Date Judge 2/11/2010 Hearing result for Motion Hearing held on 02/11/2010 09:00AM: District Juneal C. Kerrick Court Hearing Held Court Reporter: Kathy Klemetson Number of Transcript Pages for this hearing estimated: Less than 100 Hearing result for Motion Hearing held on 02/11/2010 09:00AM: Motion Juneal C. Kerrick Held Pit second Motion to compel Hearing result for Motion Hearing held on 02/11/2010 09:00AM: Motion Juneal C. Kerrick Granted Pit second Motion to compel as amended- Mr. Becker to prepare the appropriate order 2/17/2010 Stipulation for Protective Order Regarding Confidential Information Juneal C. Kerrick 2/18/2010 Notice of Service Re: Discovery (fax) Juneal C. Kerrick 2/25/2010 Notice Of Service (fax) Juneal C.
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