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Filed: 10/20/2006, Entered: 10/23/2006 |
Summons Issued as to AUSA |
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SUMMONS (3) Issued as to CARLOS GUTIERREZ, U.S. Attorney and U.S. Attorney General (lc, )
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 1 |
Filed: 10/20/2006, Entered: 10/23/2006 |
Complaint |
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COMPLAINT against CARLOS GUTIERREZ ( Filing fee $ 350 receipt number 139694.)filed by NORTH CAROLINA FISHERIES ASSOCIATION, INC., JEFF ODEN, JOSEPH ANDREW HIGH, AVON SEAFOOD. (Attachments: # (1) Civil Cover Sheet)(lc, )
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| 2 |
Filed: 10/20/2006, Entered: 10/23/2006 |
LCvR 7.1 Certificate of Disclosure - Corporate Aff |
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LCvR 7.1 - CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by NORTH CAROLINA FISHERIES ASSOCIATION, INC. (lc, )
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| 3 |
Filed: 10/20/2006, Entered: 10/23/2006 |
LCvR 7.1 Certificate of Disclosure - Corporate Aff |
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LCvR 7.1 - CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AVON SEAFOOD (lc, )
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| 4 |
Filed: 11/29/2006, Entered: 11/29/2006 |
Summons Returned Executed as to Attorney General |
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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on Attorney General. Date of Service Upon Attorney General 10-24-06. (Frulla, David)
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| 5 |
Filed: 11/29/2006, Entered: 11/29/2006 |
Summons Returned Executed as to Federal Defendant |
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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to CARLOS GUTIERREZ served on 10/24/2006, answer due 12/26/2006. (Frulla, David)
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| 6 |
Filed: 11/29/2006, Entered: 11/29/2006 |
Summons Returned Executed as to US Attorney for DC |
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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the US Attorney. (Frulla, David)
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| 7 |
Filed: 12/6/2006, Entered: 12/6/2006 |
Notice (Other) |
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ENTERED IN ERROR.....NOTICE of Filing the Administrative Record by CARLOS GUTIERREZ (Attachments: # (1) Exhibit)(Williams, Robert) Modified on 12/7/2006 (lc, ).
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| 8 |
Filed: 12/6/2006, Entered: 12/7/2006 |
Description not available |
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ADMINISTRATIVE RECORD by CARLOS GUTIERREZ. (lc, )
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| -- |
Filed: 12/7/2006, Entered: 12/7/2006 |
Notice of Corrected Docket Entry |
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NOTICE OF CORRECTED DOCKET ENTRY: re [7] Notice (Other) was entered in error and has been filed correctly by the Court in docket entry #8. (lc, )
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| 9 |
Filed: 12/8/2006, Entered: 12/8/2006 |
Answer to Complaint |
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ANSWER to Complaint by CARLOS GUTIERREZ. Related document: [1] Complaint filed by NORTH CAROLINA FISHERIES ASSOCIATION, INC.,, JEFF ODEN,, JOSEPH ANDREW HIGH,, AVON SEAFOOD,.(Williams, Robert)
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| 10 |
Filed: 12/15/2006, Entered: 12/15/2006 |
Notice of Appearance |
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NOTICE of Appearance by Shaun Michael Gehan on behalf of all plaintiffs (Gehan, Shaun)
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| 11 |
Filed: 1/2/2007, Entered: 1/2/2007 |
Order |
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ORDER directing parties to confer and submit proposed briefing schedule for the filing of dispositive motions by not later than 1/24/2007. See text of order for details. Signed by Judge John D. Bates on 1/2/2007. (lcjdb1)
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Filed: 1/10/2007, Entered: 1/10/2007 |
Set/Reset Deadlines/Hearings |
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Set Deadlines/Hearings: Summary Judgment motions due by 2/16/2007. Response to Motion for Summary Judgment due by 3/19/2007. Reply to Motion for Summary Judgment due by 4/3/2007. Cross Motions due by 3/19/2007. Response to Cross Motions due by 4/3/2007. Reply to Cross Motions due by 4/18/2007. Motions Hearing set for 4/26/2007 at 9:30 AM before Judge John D. Bates. (lcjdb1)
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| 12 |
Filed: 1/10/2007, Entered: 1/10/2007 |
Meet and Confer Statement |
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MEET AND CONFER STATEMENT. (Gehan, Shaun)
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| 13 |
Filed: 1/10/2007, Entered: 1/10/2007, Terminated: 1/10/2007 |
Motion to Expedite |
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Unopposed MOTION to Expedite Consideration and Resolution of this Matter by NORTH CAROLINA FISHERIES ASSOCIATION, INC., JEFF ODEN, JOSEPH ANDREW HIGH, AVON SEAFOOD. (Gehan, Shaun)
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| 14 |
Filed: 1/10/2007, Entered: 1/10/2007 |
Order on Motion to Expedite |
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ORDER adopting the parties' Joint Proposed Case Management Plan, setting a briefing schedule and motions hearing, and granting plaintiffs' unopposed motion to expedite consideration and resolution of this case. Signed by Judge John D. Bates on 1/10/2007. (lcjdb1)
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| -- |
Filed: 2/12/2007, Entered: 2/12/2007 |
Set/Reset Deadlines/Hearings |
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Set Deadlines/Hearings: Summary Judgment motions due by 3/19/2007. Response to Motion for Summary Judgment due by 4/18/2007. Reply to Motion for Summary Judgment due by 5/3/2007. Cross Motions due by 4/18/2007. Response to Cross Motions due by 5/3/2007. Reply to Cross Motions due by 5/18/2007. Motions Hearing set for 6/14/2007 at 9:30 AM before Judge John D. Bates. (lcjdb1)
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| 15 |
Filed: 2/12/2007, Entered: 2/12/2007, Terminated: 2/12/2007 |
Motion to Amend/Correct |
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Joint MOTION to Amend/Correct Scheduling Order by NORTH CAROLINA FISHERIES ASSOCIATION, INC., JEFF ODEN, JOSEPH ANDREW HIGH, AVON SEAFOOD. (Gehan, Shaun)
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| 16 |
Filed: 2/12/2007, Entered: 2/12/2007 |
Order on Motion to Amend/Correct |
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ORDER granting [15] the joint motion to amend the scheduling order. SEE ORDER FOR DETAILS. Signed by Judge John D. Bates on 2/12/2007. (lcjdb1)
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| 17 |
Filed: 3/8/2007, Entered: 3/8/2007 |
Description not available |
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ADMINISTRATIVE RECORD Notice of Lodging of Supplement to Administrative Record by CARLOS GUTIERREZ. (Attachments: # (1) Notice of Bulky Exhibit Attachment)(Williams, Robert)
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| 18 |
Filed: 3/16/2007, Entered: 3/16/2007 |
Administrative Record |
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ADMINISTRATIVE RECORD Notice of Lodging of Second Supplement to Administrative Record by CARLOS GUTIERREZ. (Attachments: # (1) Notice Regarding Bulky Exhibit Attachment)(Williams, Robert)
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| 19 |
Filed: 3/19/2007, Entered: 3/19/2007, Terminated: 8/17/2007 |
Motion for Summary Judgment |
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MOTION for Summary Judgment by NORTH CAROLINA FISHERIES ASSOCIATION, INC., JEFF ODEN, JOSEPH ANDREW HIGH, AVON SEAFOOD (Gehan, Shaun)
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| 20 |
Filed: 4/18/2007, Entered: 4/18/2007 |
Memorandum in Opposition |
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Memorandum in opposition to re [19] MOTION for Summary Judgment filed by CARLOS GUTIERREZ. (Attachments: # (1) Washington Farm Bureau v. NMFS, No. C06-388Z (W.D. Wash. Dec. 20, 2006)# (2) Text of Proposed Order)(Williams, Robert)
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| 21 |
Filed: 4/18/2007, Entered: 4/18/2007, Terminated: 8/17/2007 |
Motion for Summary Judgment |
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Cross MOTION for Summary Judgment by CARLOS GUTIERREZ (Attachments: # (1) Washington Farm Bureau v. NMFS, No. C06-388Z (W.D. Wash. Dec. 20, 2006)# (2) Text of Proposed Order)(Williams, Robert)
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Filed: 5/2/2007, Entered: 5/2/2007 |
Order on Motion for Leave to File Excess Pages |
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MINUTE ORDER: Upon consideration of [22] plaintiffs' unopposed motion to extend the page limit for their opposition to defendant's motion for summary judgment and reply in support of their motion for summary judgment, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that plaintiffs' opposition and reply shall not exceed thirty (30) pages. SO ORDERED. Signed by Judge John D. Bates on 5/2/2007. (lcjdb1)
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| 22 |
Filed: 5/2/2007, Entered: 5/2/2007, Terminated: 5/2/2007 |
Motion for Leave to File Excess Pages |
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Unopposed MOTION for Leave to File Excess Pages by NORTH CAROLINA FISHERIES ASSOCIATION, INC., JEFF ODEN, JOSEPH ANDREW HIGH, AVON SEAFOOD (Gehan, Shaun)
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| 23 |
Filed: 5/3/2007, Entered: 5/3/2007 |
Reply to opposition to Motion |
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REPLY to opposition to motion re [21] Cross MOTION for Summary Judgment and Memorandum in Opposition to Defendant's Cross Motion for Summary Judgment filed by NORTH CAROLINA FISHERIES ASSOCIATION, INC., JEFF ODEN, JOSEPH ANDREW HIGH, AVON SEAFOOD. (Gehan, Shaun)
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| 24 |
Filed: 5/3/2007, Entered: 5/4/2007 |
Memorandum in Opposition |
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Memorandum in opposition to re [21] Cross MOTION for Summary Judgment filed by NORTH CAROLINA FISHERIES ASSOCIATION, INC., JEFF ODEN, JOSEPH ANDREW HIGH, AVON SEAFOOD.(see docket entry [23] for document image). (lc, )
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| 25 |
Filed: 5/3/2007, Entered: 5/7/2007 |
Motion for Leave to File |
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MOTION for Leave to File Amicus Curiae Brief by STATE OF NORTH CAROLINA, NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES (Attachments: # (1) Exhibit Proposed Amicus Brief# (2) Text of Proposed Order)(nmw, )
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| 26 |
Filed: 5/11/2007, Entered: 5/11/2007, Terminated: 5/14/2007 |
Motion for Extension of Time to File Response/Repl |
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Unopposed MOTION for Extension of Time to File Response/Reply by CARLOS GUTIERREZ (Attachments: # (1) Text of Proposed Order)(Williams, Robert)
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Filed: 5/14/2007, Entered: 5/14/2007 |
Order on Motion for Extension of Time to File Resp |
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MINUTE ORDER: Upon consideration of [26] defendant's unopposed motion for an extension of time to file a reply in support of his motion for summary judgment and for the parties to submit the joint appendix, it is hereby ORDERED that the motion is GRANTED; it is further ORDERED that defendant shall submit his reply by not later than May 25, 2007; and it is further ORDERED that the parties shall file the joint appendix containing hard copies of all record documents cited in their summary judgment memoranda by not later than May 25, 2007. SO ORDERED. Signed by Judge John D. Bates on 5/14/2007. (lcjdb1)
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Filed: 5/14/2007, Entered: 5/14/2007 |
Set/Reset Deadlines |
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Set/Reset Deadlines: Reply to Cross Motions due by 5/25/2007. Joint Appendix due by 5/25/2007. (lcjdb1)
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Filed: 5/14/2007, Entered: 5/14/2007 |
Order on Motion for Leave to File |
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MINUTE ORDER: Upon consideration of [25] the motion of the State of North Carolina for leave to file an amicus curiae brief, it is hereby ORDERED that the motion is GRANTED, and it is further ORDERED that the Clerk of the Court shall docket the brief forthwith. SO ORDERED. Signed by Judge John D. Bates on 5/14/2007. (lcjdb1)
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| 27 |
Filed: 5/14/2007, Entered: 5/15/2007 |
Amicus Brief |
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AMICUS BRIEF by STATE OF NORTH CAROLINA, NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES. (lc, )
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Filed: 5/21/2007, Entered: 5/21/2007 |
Order |
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MINUTE ORDER: In light of the representations of counsel, and upon consideration of the entire record herein, it is hereby ORDERED that the parties may submit on a CD-ROM the Joint Appendix required by [16] the scheduling order entered on February 12, 2007; and it is further ORDERED that the parties shall submit at least two (2) copies of the CD-ROM containing the Joint Appendix. SO ORDERED. Signed by Judge John D. Bates on 5/21/2007. (lcjdb1)
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| 28 |
Filed: 5/25/2007, Entered: 5/25/2007 |
Reply to opposition to Motion |
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REPLY to opposition to motion re [21] Cross MOTION for Summary Judgment filed by CARLOS GUTIERREZ. (Attachments: # (1) Notice Regarding Bulky Exhibit Attachment)(Williams, Robert)
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| 29 |
Filed: 5/25/2007, Entered: 5/30/2007 |
Memorandum in Opposition |
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Memorandum in opposition to re [19] MOTION for Summary Judgment filed by CARLOS GUTIERREZ. (See Docket Entry [28] to view document). (lc, )
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Filed: 6/14/2007, Entered: 6/14/2007 |
Motion Hearing |
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Minute Entry. Motion Hearing held on 6/14/2007 before Judge John D. Bates : re [19] MOTION for Summary Judgment filed by AVON SEAFOOD, NORTH CAROLINA FISHERIES ASSOCIATION, INC., JOSEPH ANDREW HIGH, JEFF ODEN, [21] Cross MOTION for Summary Judgment filed by CARLOS GUTIERREZ. Motions heard and takened under advistment. (Court Reporter Bryan Wayne) (tb, )
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| 30 |
Filed: 6/14/2007, Entered: 6/14/2007 |
Order |
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ORDER requiring the parties to file supplemental briefs by not later than June 29, 2007. SEE ORDER FOR DETAILS. Signed by Judge John D. Bates on 6/14/2007. (lcjdb1)
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| 31 |
Filed: 6/29/2007, Entered: 6/29/2007 |
Supplemental Memorandum |
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SUPPLEMENTAL MEMORANDUM to re [30] Order filed by CARLOS GUTIERREZ. (Russell, Lisa)
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| 32 |
Filed: 6/29/2007, Entered: 6/29/2007 |
Supplemental Memorandum |
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SUPPLEMENTAL MEMORANDUM to re [30] Order filed by NORTH CAROLINA FISHERIES ASSOCIATION, INC., JEFF ODEN, JOSEPH ANDREW HIGH, AVON SEAFOOD. (Gehan, Shaun)
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| 33 |
Filed: 8/17/2007, Entered: 8/17/2007, Terminated: 8/17/2007 |
Order on Motion for Summary Judgment |
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ORDER granting in part and denying in part [19] plaintiffs' motion for summary judgment; granting in part and denying in part [21] defendant's motion for summary judgment. Signed by Judge John D. Bates on 8/17/2007. (lcjdb1)
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| 34 |
Filed: 8/17/2007, Entered: 8/17/2007 |
Memorandum & Opinion |
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MEMORANDUM OPINION accompanying [33] Order granting in part and denying in part [19] plaintiffs' motion for summary judgment, and granting in part and denying in part [21] defendant's motion for summary judgment. Signed by Judge John D. Bates on 8/17/2007. (lcjdb1)
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| 35 |
Filed: 9/17/2007, Entered: 9/17/2007 |
Memorandum |
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MEMORANDUM by CARLOS GUTIERREZ. (Attachments: # (1) Declaration # (2) NMFS' Technical Guidance# (3) Text of Proposed Order)(Williams, Robert)
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| 36 |
Filed: 9/17/2007, Entered: 9/17/2007 |
Memorandum |
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MEMORANDUM re [34] Memorandum & Opinion, by NORTH CAROLINA FISHERIES ASSOCIATION, INC., JEFF ODEN, JOSEPH ANDREW HIGH, AVON SEAFOOD. (Attachments: # (1) Exhibit)(Gehan, Shaun)
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| 37 |
Filed: 10/2/2007, Entered: 10/2/2007 |
Order |
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ORDER: Upon consideration of the Defendant's Remedy Proposal and Plaintiff North Carolina Fisheries Association's Brief on Remedy, and the entire record herein, it is hereby ORDERED that the Court adopts Defendant's Remedy Proposal with modifications. See Order for more details. SO ORDERED. Signed by Judge John D. Bates on 10/2/07. (lcjdb1) Modified on 10/3/2007 (lcjdb1).
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| 38 |
Filed: 11/29/2007, Entered: 11/30/2007 |
Notice of Appeal |
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NOTICE OF APPEAL as to [37] Order, by NORTH CAROLINA FISHERIES ASSOCIATION, INC., JEFF ODEN, JOSEPH ANDREW HIGH, AVON SEAFOOD. Filing fee $ 455, receipt number 4616008662. Fee Status: Fee Paid. Parties have been notified. (lc, )
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Filed: 11/30/2007, Entered: 11/30/2007 |
Transmission of Notice of Appeal and Docket Sheet |
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Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re [38] Notice of Appeal (lc, )
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| 39 |
Filed: 11/30/2007, Entered: 11/30/2007 |
Notice of Appeal |
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NOTICE OF APPEAL as to [37] Order, [33] Order on Motion for Summary Judgment, [34] Memorandum & Opinion, by CARLOS GUTIERREZ. Fee Status: No Fee Paid. Parties have been notified. (Attachments: # (1) Exhibit October 2, 2007 Order# (2) Exhibit August 17, 2007 Memorandum Opinion# (3) Exhibit August 17, 2007 Order)(Williams, Robert)
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Filed: 12/3/2007, Entered: 12/3/2007 |
Transmission of Notice of Appeal and Docket Sheet |
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Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re [39] Notice of Appeal, (lc, )
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Filed: 12/4/2007, Entered: 12/5/2007 |
USCA Case Number |
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USCA Case Number 07-5389 for [38] Notice of Appeal filed by AVON SEAFOOD, NORTH CAROLINA FISHERIES ASSOCIATION, INC., JOSEPH ANDREW HIGH, JEFF ODEN. (lc, )
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Filed: 12/13/2007, Entered: 12/14/2007 |
USCA Case Number |
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USCA Case Number 07-5395 for [39] Notice of Appeal, filed by CARLOS GUTIERREZ. (lc, )
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| 40 |
Filed: 1/16/2008, Entered: 1/16/2008 |
Transcript |
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TRANSCRIPT of Motions Hearing held on June 14, 2007 before Judge John D. Bates. Court Reporter: Bryan A. Wayne. The public may view the document in the Clerk's Office between the hours of 9:00 a.m. and 4:00 p.m, Monday through Friday. (lc, )
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| 41 |
Filed: 3/17/2008, Entered: 3/17/2008 |
Notice (Other) |
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NOTICE Defendant's Notice of Compliance with Court's October 2, 2007 Order by CARLOS GUTIERREZ re [37] Order, (Attachments: # (1) Exhibit March 14, 2008 Letter Approving Amendment 15A)(Williams, Robert)
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| 42 |
Filed: 7/14/2008, Entered: 7/15/2008 |
USCA Order |
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ORDER of USCA (certified copy) as to [38] Notice of Appeal filed by AVON SEAFOOD, NORTH CAROLINA FISHERIES ASSOCIATION, INC., JOSEPH ANDREW HIGH, JEFF ODEN,upon consideration of appellee's motion to dismiss cross-appeal No. 07-5396, and the joint consent motion to amend briefing schedule, it is ORDERED that the motions be granted, and that No. 07-5396 be dismissed; further directing that the consolidation of Nos. 07-5389 and 07-5396 be terminated; further directing that the following revised briefing schedule will now apply in No. 07-5389: Brief for Appellee due 4/22/2008, Reply Brief for Appellants due 9/5/2008, Deferred Appendix due 9/12/2008, Final Briefs due 9/19/2008. (kb, )
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