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CINTHYA AZUCENA PAGUAGA, a minor child, by and through GLORIA VALEE TOLEDO, her grandmother and next friend, and GLORIA VALEE TOLEDO, individually; and SARAHY BRINGAS, JACKELYN PAGUAGA, and NOELIA SARAHY PAGUAGA, by and through GLORIA VALEE TOLEDO, their next friend and Guardian, Administrator, Conservator of the estates v. MARIAN PODGORNI, an individual; WEST WIND EXPRESS, INC., an Illinois corporation; MARTEN TRANSPORT, LTD., a Delaware corporation; and DONALD STEVENS, an individual,

Case Heading (S-07-0198)
Case Number:S-07-0198Case Docketed On:08/24/2007
Status:Closed
Original Court:Second Judicial District Albany CountyCase Type:Direct Appeal - Civil - Code of Civil Procedure (Title 1)
Short Title:CINTHYA AZUCENA PAGUAGA, a minor child, by and through GLORIA VALEE TOLEDO, her grandmother and next friend, and GLORIA VALEE TOLEDO, individually; and SARAHY BRINGAS, JACKELYN PAGUAGA, and NOELIA SARAHY PAGUAGA, by and through GLORIA VALEE TOLEDO, their next friend and Guardian, Administrator, Conservator of the estates v. MARIAN PODGORNI, an individual; WEST WIND EXPRESS, INC., an Illinois corporation; MARTEN TRANSPORT, LTD., a Delaware corporation; and DONALD STEVENS, an individual,
Full Title:CINTHYA AZUCENA PAGUAGA, a minor child, by and through GLORIA VALEE TOLEDO, her grandmother and next friend, and GLORIA VALEE TOLEDO, individually; and SARAHY BRINGAS, JACKELYN PAGUAGA, and NOELIA SARAHY PAGUAGA, by and through GLORIA VALEE TOLEDO, their next friend and Guardian, Administrator, Conservator of the estates, Appellants (Plaintiffs), v. MARIAN PODGORNI, an individual; WEST WIND EXPRESS, INC., an Illinois corporation; MARTEN TRANSPORT, LTD., a Delaware corporation; and DONALD STEVENS, an individual, Appellees (Defendants).

- Party Information
RoleParty NameAttorney(s)
AppellantCynthya Azucena PaguagaTony S. Lopez
AppellantGloria Valee ToledoTony S. Lopez
AppellantSarahy BringasTony S. Lopez
AppellantJackelyn PaguagaTony S. Lopez
AppellantNoelia Sarahy PaguagaTony S. Lopez
AppelleeMarian PodgorniRonald E. Triggs
AppelleeWest Wind Express, Inc.Ronald E. Triggs
AppelleeMarten Transport, Ltd.Heather Anne Zadina
G.G. Greg Greenlee
AppelleeDonald StevensHeather Anne Zadina
G.G. Greg Greenlee

- Case Decision Information
Issues:
Opinion Number:
Citation:

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Docket Information
Filing DateDocument DescriptionDocket Entry TypeDocket Entry SubtypeStatus
08/24/2007Event - Docketed and indexedEventDocketed and indexedFinal
08/24/2007Fees - Docket fee receivedFeesDocket fee receivedFinal
08/24/2007Notice-Incoming - Record completion notice from district courtNotice-IncomingRecord completion notice from district courtFinal
08/24/2007Order - Sanction - notice of appeal, appellant did not attach order from which appeal was takenOrderSanction - notice of appealFinal
08/24/2007Notice-Outgoing - Docketing letterNotice-OutgoingDocketing letterFinal
08/28/2007Record - Court Reporter's certificate of completionRecordCourt Reporter's certificate of completionFinal
08/30/2007Motion - Dismiss - involuntary by Marten Transport, Inc. and Donald R. StevensMotionDismiss - involuntaryFinal
08/30/2007Memorandum - In support of motion to dismissMemorandumIn support of motionFinal
09/25/2007Order - Dismiss - involuntaryOrderDismiss - involuntaryFinal
09/27/2007Event - Phone Call - Contacted Mr. Lopez's office regarding nonpayment of sanction. She'll send check. Had conversation regarding requirements of notice of appeal.EventPhone CallFinal
10/04/2007Event - Phone Call - contacted Mr. Lopez' office regarding late sanction. Secretary indicated that he is out of town, but will be back on Monday and they will get a check sent then.EventPhone CallFinal
10/12/2007Event - Phone Call -Contacted Mr. Lopez' office regarding overdue sanction. Secretary said she thought he had taken care of it, but she'll make sure a check is sent today if it hasn't already been sent.EventPhone CallFinal
10/18/2007Event - Phone Call - contacted Mr. Lopez' office - Pam said she put the check in the mail yesterday.EventPhone CallFinal
10/25/2007Order - Show cause - Order to show cause why counsel for appellants should not be held in contempt of courtOrderShow causeFinal
11/07/2007Event - Phone Call - contacted Mr. Lopez' office on another matter. Asked about the show cause order and the sanction still unpaid. Secretary said she had not picked up any certified mail. She said she would Fed-X over a check today. She asked if that was enough to satisfy order - I told her I'd ask the court after the check was received.EventPhone CallFinal
11/13/2007Event - Phone Call - contacted office and requested to speak with Mr. Lopez. Mr. Lopez not in. Requested that he call this afternoon, and asked secretary if there was anything she wanted to tell me about why there has been no response or sanction received after repeated assertions that it was in the mail. She said no.EventPhone CallFinal
11/15/2007Fees - Sanctions received - NOAFeesSanctions received - NOAFinal
11/15/2007Event - Case closedEventCase closedFinal
11/19/2007Service - Mail returned. Order to Show Cause sent by certified mail returned unclaimed.ServiceMail returnedFinal