| -- |
Filed: 2/14/2002, Entered: 2/25/2002 |
Filing Fee Received |
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FILING FEE PAID in the amount of $ 150.00, receipt # 207025 (fe)
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| 1 |
Filed: 2/14/2002, Entered: 2/25/2002 |
Complaint |
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Verified COMPLAINT in rem and in personam; exhibit a (fe)
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| 2 |
Filed: 2/14/2002, Entered: 2/25/2002 |
Summons Issued |
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SUMMONS issued (fe)
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| 3 |
Filed: 2/14/2002, Entered: 2/25/2002 |
Order |
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ORDER by Judge David A. Ezra rule 16 conference set for 9:00 5/13/02 before Mag Judge Leslie E. Kobayashi (fe)
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| 4 |
Filed: 2/14/2002, Entered: 2/25/2002 |
Request |
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REQUEST by plaintiff for Clerk Under Rule E.5, Local Rules of practice for the United States District Court for the District of Hawaii, to hold in abeyance issuance of summons and process of arrest (fe)
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| 5 |
Filed: 2/28/2002, Entered: 3/1/2002 |
Waiver - Miscellaneous |
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WAIVER OF SERVICE OF SUMMONS by defendant Madee, F/V, and Kiribati Seafood Co. on 2/22/02, defendant understands that a judgment may be entered if an answer or motion under Rule 12 is not served within 60 days after 4/25/02 or within 90 days if the request was sent outside the United States (fe)
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| 6 |
Filed: 3/12/2002, Entered: 3/13/2002 |
Answer to Complaint |
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ANSWER to verified complaint [1-1] and COUNTERCLAIM by defendant Kiribati Seafood Co. against plaintiff Marisco, Ltd.; certificate of service (fe)
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| 7 |
Filed: 3/28/2002, Entered: 3/29/2002 |
Reply |
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REPLY by plaintiff Marisco, Ltd. to counterclaim re [6-1]; certificate of service (fe)
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| 8 |
Filed: 4/11/2002, Entered: 4/12/2002 |
Minutes - Miscellaneous |
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EO :Continued : [Rule 16 Scheduling Conference] from 05/13/2002 09:00:00 AM to 05/22/2002 09:00:00 AM, LEK. cc: all counsel ( Ct Rptr : ) Mag Judge Leslie E. Kobayashi (fe)
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| 9 |
Filed: 4/19/2002, Entered: 4/19/2002 |
Notice of Change of Address |
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NOTICE of change of address for counsel; certificate of service - Michael L. Freed & Associates changed to: 737 Bishop St., Ste 2350, Hono,. HI 96813; telephone and FAX remain the same (fe)
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| 10 |
Filed: 4/23/2002, Entered: 4/24/2002 |
Minutes - Miscellaneous |
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EO :Continued : [Rule 16 Scheduling Conference] from 05/22/2002 09:00:00 AM to 05/29/2002 09:00:00 AM, LEK. Laverne of John Lacy's office to notify Michael L. Freed. ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (fe)
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| 11 |
Filed: 4/29/2002, Entered: 4/29/2002 |
Report of Planning Meeting |
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REPORT OF PARTIES PLANNING MEETING by plaintiff Marisco, Ltd.; certificate of service (fe)
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| 12 |
Filed: 5/1/2002, Entered: 5/1/2002 |
Scheduling Conference Statement |
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SCHEDULING CONFERENCE STATEMENT by defendant Kiribati Seafood Co.; certificate of service (fe)
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| 13 |
Filed: 5/29/2002, Entered: 5/30/2002 |
Minutes - Miscellaneous |
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EP : Rule 16 Scheduling Conference held. Michael Siboni and Richard C. Wootton participated by phone. Wootton is plaintiff's counsel in a related action Civil No. 02-00272SPK-BMK. 1. Non-jury trial on April 8, 2003 at 9:00.a.m. before DAE 2. Final Pretrial Conference on February 25, 2003 at 9:00a.m. before LEK 3. Final Pretrial Conference before District Judge N/A 4. Final Pretrial Statement by February 18, 2003 5. File motions to Join/Add Parties/Amend Pleadings by September 6, 2002 6. File other Non-Dispositive Motions by January 8, 2003 7. File Dispositive Motions by November 6, 2002 8a. File Motions in Limine by March 18, 2003 8b. File opposition memo to a Motion in Limine by March 25, 2003 11a. Plaintiff's Expert Witness Disclosures by October 7, 2002 11b. Defendant's Expert Witness Disclosures by November 6, 2002 12. Discovery deadline February 7, 2003 13. Settlement Conference set for November 5, 2002 at 2:00 p.m. before LEK 14. Settlement Conference statements by October 29, 2002 20. Submit Voir Dire Questions, Special Verdict Form, Concise Statement of Case and Jury Instructions by N/A 21. File Final witness list by March 18, 2003 24. Exchange Exhibit and Demonstrative aids by March 11, 2003 25. Stipulations re: Authenticity/Admissibility of Proposed Exhibits by March 18, 2003 26. File objections to the Exhibits by March 25, 2003 28a. File Deposition Excerpt Designations by March 18, 2003 28b. File Deposition Counter Designations and Objections by March 25, 2003 29. File Trial Brief by March 25, 2003 30. File Findings of Fact & Conclusions of Law by March 25, 2003 Other Matters: LR 56.1 Memorandum given to parties. A copy of the Rule 16 Scheduling Order mailed to all parties. Stipulation to Consolidate Civil No. 02-00093DAE-LEK with Civil No. 02-00272SPK-BMK to be submitted. Parties are instructed to contact the Court in 3 months regarding the status of discovery. rule 16 conference held on 9:00 5/29/02 before Mag Judge Leslie E. Kobayashi , Trial set for 9:00 4/8/03 before Judge David A. Ezra , final pretrial conference set for 9:00 2/25/03; Discovery ddl set for 2/7/03; Motion filing ddl set for 11/6/02; settlement conference set for 2:00 11/5/02 before Mag Judge Leslie E. Kobayashi ( Ct Rptr : No Record) JUDGE Mag Judge Leslie E. Kobayashi (fe)
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| 14 |
Filed: 5/30/2002, Entered: 5/31/2002 |
Scheduling Order |
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Rule 16 SCHEDULING ORDER Mag Judge Leslie E. Kobayashi (cc: all counsel) (fe)
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| 15 |
Filed: 6/6/2002, Entered: 6/7/2002 |
Stipulation and Order |
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STIPULATION regarding initial disclosures and ORDER by Mag Judge Leslie E. Kobayashi : plaintiff Marisco, Ltd and defendant Kiribati Seafood Co., LLC have until 7/1/02 to submit initial rule 26 disclosures (fe)
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| 16 |
Filed: 7/1/2002, Entered: 7/2/2002 |
Ex Parte Motion and order |
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EX PARTE MOTION and Order by Mag Judge Leslie E. Kobayashi by defendant Kiribati Seafood Co. for attorney Michael C. Siboni to appear pro hac vice ; declaration of John R. Lacy and Michael C. Siboni (fe)
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| 17 |
Filed: 7/1/2002, Entered: 7/2/2002 |
Stipulation and Order |
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Second STIPULATION and ORDER by Mag Judge Leslie E. Kobayashi : re initial disclosures [15-1] - Plaintiff and defendant may have up to and including 8/1/02 to submit iniitial disclosures (fe)
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| 18 |
Filed: 7/2/2002, Entered: 7/3/2002 |
Certificate of Service |
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CERTIFICATE of service by defendant Kiribati Seafood Co. (fe)
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| 19 |
Filed: 8/1/2002, Entered: 8/1/2002 |
Initial Disclosure |
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INITIAL DISCLOSURE by defendant/counter-claimant Kiribati Seafood Co. (fe)
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| 20 |
Filed: 8/2/2002, Entered: 8/2/2002 |
Initial Disclosure |
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INITIAL DISCLOSURE by plaintiff Marisco, Ltd.; certificate of service (fe)
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| 21 |
Filed: 10/17/2002, Entered: 10/17/2002 |
Certificate of Service |
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CERTIFICATE of service by plaintiff Marisco, Ltd. (fe)
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| 22 |
Filed: 10/22/2002, Entered: 10/23/2002 |
Minutes - Miscellaneous |
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EO :Continued : [Settlement Conference] from 11/05/2002 02:00:00 PM to 12/18/2002 02:00:00 PM, LEK. John Lacy to notify Michael L. Freed. Confidential Settlement Conference statements are now due 12/11/02. settlement conference set for 2:00 12/18/02 before Mag Judge Leslie E. Kobayashi ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (fe)
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| 23 |
Filed: 11/5/2002, Entered: 11/6/2002 |
Minutes - Miscellaneous |
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EO :Status Conference Re: Trial Deadlines set for 11/07/2002 09:30:00 AM, LEK. Parties notified via conference call. status conference set for 9:30 11/7/02 before Mag Judge Leslie E. Kobayashi ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (fe)
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| 27 |
Filed: 11/5/2002, Entered: 12/2/2002 |
Stipulation |
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STIPULATION requesting order joining related cases - parties request the court to join the related cases with cv 02-00272 (fe)
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| 24 |
Filed: 11/7/2002, Entered: 11/7/2002 |
Minutes - Miscellaneous |
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EP :Status Conference Re: Trial Date and Deadlines held. New trial date and deadlines given. Amended Rule 16 Scheduling Order to be issued. 1. Non-jury trial on July 8, 2003 at 9:00 a.m. before DAE 2. Final Pretrial Conference on May 27, 2003 at 9:00 a.m. before LEK 3. Final Pretrial Conference before District Judge N/A 4. Final Pretrial Statement by May 20, 2003 5. File motions to Join/Add Parties/Amend Pleadings by N/A 6. File other Non-Dispositive Motions by April 9, 2003 7. File Dispositive Motions by February 5, 2003 8a. File Motions in Limine by June 17, 2003 8b. File opposition memo to a Motion in Limine by June 24, 2003 11a. Plaintiff's Expert Witness Disclosures by January 6, 2003 11b. Defendant's Expert Witness Disclosures by February 5, 2003 12. Discovery deadline May 9, 2003 13. Settlement Conference set for December 18, 2002 at 2:00 p.m. before LEK 14. Settlement Conference statements by December 11, 2002 20. Submit Voir Dire Questions, Special Verdict Form, Concise Statement of Case and Jury Instructions by N/A 21. File Final witness list by June 17, 2003 24. Exchange Exhibit and Demonstrative aids by June 10, 2003 25. Stipulations re: Authenticity/Admissibility of Proposed Exhibits by June 17, 2003 26. File objections to the Exhibits by June 24, 2003 28a. File Deposition Excerpt Designations by June 17, 2003 28b. File Deposition Counter Designations and Objections by June 24, 2003 29. File Trial Brief by June 24, 2003 30. File Findings of Fact & Conclusions of Law by June 24, 2003 Other Matters: Stipulation for Consolidation of Cases to submitted for Court approval. Parties to meet and confer re: scope and timing of discovery, written interrogatories, oral depositions, bifurcation, etc. Parties to meet and confer by 11/21/02. If necessary, parties to contact the Court to schedule letter briefing schedule. Discovery Conference will be scheduled if necessary. A copy of the Amended Rule 16 Scheduling Order mailed to all parties. status conference held 11/7/02 before Mag Judge Leslie E. Kobayashi , Trial set for 9:00 before Judge David A. Ezra , final pretrial conference set for 9:00 5/27/03 ; Discovery ddl set for 5/9/03 ; filing ddl set for 2/5/03 ; settlement/status conference for 2:00 12/18/02 before Mag Judge Leslie E. Kobayashi ( Ct Rptr : No Record) JUDGE Mag Judge Leslie E. Kobayashi (fe)
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| 25 |
Filed: 11/8/2002, Entered: 11/12/2002 |
Scheduling Order |
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Amended Rule 16 SCHEDULING ORDER Mag Judge Leslie E. Kobayashi (cc: all counsel) (fe)
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| 26 |
Filed: 12/2/2002, Entered: 12/2/2002 |
Minutes - Miscellaneous |
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EO :Continued : [Settlement Conference] from 12/18/2002 02:00:00 PM to 01/10/2003 02:00:00 PM before LEK. Confidential Settlement Conference Statements are now due 1/3/03. Michael L. Freed to notify all parties. settlement conference set for 2:00 1/10/03 before Mag Judge Leslie E. Kobayashi ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (fe)
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| 28 |
Filed: 12/2/2002, Entered: 12/3/2002 |
Order |
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ORDER by Mag Judge Leslie E. Kobayashi consolidating cases 1:02-cv-93 with member cases 1:02-cv-272 (cc: all counsel) (fe)
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| 29 |
Filed: 12/3/2002, Entered: 12/3/2002 |
Notice of Hearing |
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NOTICE by plaintiff Marisco, Ltd. in 1:02-cv-00093, defendant Marisco Co., Ltd. in 1:02-cv-00272 of hearing ; settlement conference set for 2:00 1/10/03 in 1:02-cv-00093, in 1:02-cv-00272 before Mag Judge Leslie E. Kobayashi ; certificate of service (fe)
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| 30 |
Filed: 12/13/2002, Entered: 12/13/2002 |
Certificate of Service |
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CERTIFICATE of service by plaintiff Marisco, Ltd. in 1:02-cv-00093, third-party plaintiff Marisco Co., Ltd. in 1:02-cv-00272 (fe)
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| 31 |
Filed: 12/26/2002, Entered: 12/27/2002 |
Certificate of Service |
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CERTIFICATE of service by defendant Kiribati Seafood Co. in 1:02-cv-00093, counter-claimant Kiribati Seafood Co. in 1:02-cv-00093, defendant Kiribati Seafood in 1:02-cv-00272 (fe)
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| 32 |
Filed: 12/27/2002, Entered: 12/27/2002 |
Certificate of Service |
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Amended CERTIFICATE of service by defendant/ counter-claimant Kiribati Seafood Co. in 1:02-cv-00093, defendant/4th party plaintiff Kiribati Seafood in 1:02-cv-00272 (fe)
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| 33 |
Filed: 1/2/2003, Entered: 1/3/2003 |
Answer to Complaint |
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ANSWER by defendant Sullivan & Curtis In in 1:02-cv-00272 to Kiribati Seafood Co.'s fourth-party complaint [13-1]; certificate of service (lmg)
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| 34 |
Filed: 1/2/2003, Entered: 1/3/2003 |
Certificate of Service |
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CERTIFICATE of service by defendant Sullivan & Curtis In in 1:02-cv-00272 (lmg)
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| 35 |
Filed: 1/2/2003, Entered: 1/3/2003 |
Certificate of Service |
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CERTIFICATE of service by defendant Sullivan & Curtis In in 1:02-cv-00272 (lmg)
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| 36 |
Filed: 1/2/2003, Entered: 1/3/2003 |
Certificate of Service |
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CERTIFICATE of service by defendant Sullivan & Curtis In in 1:02-cv-00272 (lmg)
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| 37 |
Filed: 1/3/2003, Entered: 1/7/2003 |
Ex Parte Motion and order |
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EX PARTE MOTION for enlargement of time; declaration of Emiliy Reber Porter; and Order granting ex parte motoin for enlargement of time; certificate of service by Mag Judge Leslie E. Kobayashi on behalf of defendants Kiribati Seafood Co. in 1:02-cv-00093, counter-claimant Kiribati Seafood Co. in 1:02-cv-00093, defendant Kiribati Seafood in 1:02-cv-00272, 4th party plaintiff Kiribati Seafood in 1:02-cv-00272 expert witness disclosure report & confidential settlement conference statement due 1/7/03 (eps) Modified on 01/07/2003
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| 39 |
Filed: 1/6/2003, Entered: 1/8/2003 |
Minutes - Miscellaneous |
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EO : Status Conference Re: Trial Date and Deadlines set for 02/03/03 9:30 AM before LEK; cc: all counsel ;Status conference set for 9:00 2/3/03 in 1:02-cv-00272, in 1:02-cv-00093 before Mag Judge Leslie E. Kobayashi ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (lmg)
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| 40 |
Filed: 1/6/2003, Entered: 1/8/2003 |
Minutes - Miscellaneous |
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EO : Status Conference Re: Trial Date and Deadlines set for 02/03/03 9:30 AM before LEK; cc: all counsel; ;status conference set for 9:30 2/3/03 in 1:02-cv-00272, in 1:02-cv-00093 before Mag Judge Leslie E. Kobayashi ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (lmg)
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| 38 |
Filed: 1/7/2003, Entered: 1/8/2003 |
Description not available |
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DISCLOSURE OF EXPERT WITNESSES by defendant Kiribati Seafood Co. in 1:02-cv-00093, counter-claimant Kiribati Seafood Co. in 1:02-cv-00093, defendant Kiribati Seafood in 1:02-cv-00272, 4th party plaintiff Kiribati Seafood in 1:02-cv-00272; certificate of service (gab)
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| 41 |
Filed: 1/7/2003, Entered: 1/8/2003 |
Description not available |
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DISCLOSURE OF EXPERT WITNESSES by plaintiff International Specialty, Inc. in 1:02-cv-00272, plaintiff in 1:02-cv-00093 (lmg)
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| 42 |
Filed: 1/7/2003, Entered: 1/8/2003 |
Initial Disclosure |
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INITIAL EXPERT WITNESSES REPORT (J. Arther Waddington) by plaintiff in 1:02-cv-00272, plaintiff in 1:02-cv-00093 (lmg)
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| 43 |
Filed: 1/7/2003, Entered: 1/8/2003 |
Initial Disclosure |
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INITIAL EXPERT WITNESS REPORT (Robert W. Ball) by plaintiff Internat'l Specialty in 1:02-cv-00272, plaintiff in 1:02-cv-00093 (lmg)
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| 44 |
Filed: 1/10/2003, Entered: 1/14/2003 |
Minutes - Miscellaneous |
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EP :Settlement Conference held. Further Settlement Conference on call, subject to mediation settlement conference held 1/10/03 before Mag Judge Leslie E. Kobayashi ( Ct Rptr : No JUDGE Mag Judge Leslie E. Kobayashi (fe)
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| 45 |
Filed: 1/24/2003, Entered: 1/27/2003 |
Certificate of Service |
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CERTIFICATE of service by plaintiff Marisco, Ltd. in 1:02-cv-00093, defendant Marisco Co., Ltd. in 1:02-cv-00272 (fe)
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| 46 |
Filed: 1/24/2003, Entered: 1/29/2003 |
Miscellaneous Document |
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Withdrawal and SUBSTITUTION of counsel; certificate of service - terminating attorney Blake T. Okimoto for Sullivan & Curtis In in 1:02-cv-00272 and adding attorney Keith K. Hiraoka (lmg)
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| 47 |
Filed: 1/29/2003, Entered: 1/29/2003 |
Miscellaneous Document |
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Status Conference STATEMENT by 4th party defendant Sullivan & Curtis Insurance Brokers of Washington, LLC's in 1:02-cv-00272 [13-1] (lmg)
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| 48 |
Filed: 1/31/2003, Entered: 1/31/2003 |
Certificate of Service |
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CERTIFICATE of service by plaintiff Marisco, Ltd. in 1:02-cv-00093, third-party plaintiff Marisco Co., Ltd. in 1:02-cv-00272 (fe)
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| 49 |
Filed: 1/31/2003, Entered: 2/3/2003, Terminated: 3/20/2003 |
Motion to Bifurcate |
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NOTICE OF MOTION and motion by defendant/counter-claimant Kiribati Seafood Co. in 1:02-cv-00093, plaintiff Internat'l Specialty in 1:02-cv-00272 to bifurcate/separate trial ; memorandum in support of motion; certificate of service - set for 10:00 3/4/03 in 1:02-cv-00093, in 1:02-cv-00272 before Mag Judge Leslie E. Kobayashi (fe)
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| 50 |
Filed: 2/3/2003, Entered: 2/3/2003 |
Scheduling Conference Statement |
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STATUS CONFERENCE STATEMENT by plaintiff Marisco, Ltd. in 1:02-cv-00093, defendant Marisco Co., Ltd. in 1:02-cv-00272; certificate of service (fe)
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| 51 |
Filed: 2/3/2003, Entered: 2/3/2003 |
Miscellaneous Document |
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Status conference STATEMENT by defendant/counter-claimant Kiribati Seafood Co. in 1:02-cv-00093, defendant Kiribati Seafood in 1:02-cv-00272; certificate of service (fe)
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| 52 |
Filed: 2/3/2003, Entered: 2/3/2003 |
Minutes - Miscellaneous |
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EP : Status Conference Re: Trial Date and Deadlines held. Michael C. Siboni and Richard C. Wootton participated by phone. Marisco's Expert Witness Reports are now due 3/7/03. Parties to submit a confidential packet/position re: expert reports relating to liability and damages by 2/18/03. Further Status Conference Re: Trial Date and Deadlines to follow hearing on Joint Motion for Bifurcation/Separate Trial set for 3/4/03 at 10:00 a.m., LEK. cc: all parties before Mag Judge Leslie E. Kobayashi setting hearing on motion to bifurcate/separate trial [49-1] in 1:02-cv-00093, 1:02-cv-00272 10:00 3/4/03 in 1:02-cv-00093, in 1:02-cv-00272 ( Ct Rptr : No Record) JUDGE Mag Judge Leslie E. Kobayashi (fe)
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| 53 |
Filed: 2/3/2003, Entered: 2/4/2003 |
Certificate of Service |
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CERTIFICATE of service by plaintiff Marisco, Ltd. in 1:02-cv-00093, third-party plaintiff Marisco Co., Ltd. in 1:02-cv-00272 (fe)
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| 54 |
Filed: 2/4/2003, Entered: 2/4/2003, Terminated: 4/4/2003 |
Motion for Summary Judgment |
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NOTICE OF MOTION and motion by plaintiff Internat'l Specialty in 1:02-cv-00272 for summary adjudication - set for 9:45 3/31/03 in 1:02-cv-00093, in 1:02-cv-00272 before Judge David A. Ezra (fe)
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| 55 |
Filed: 2/4/2003, Entered: 2/4/2003 |
Memorandum in Support of Motion |
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MEMORANDUM of points and authorities by plaintiff Internat'l Specialty in 1:02-cv-00272 in support of motion for summary adjudication [54-1] in 1:02-cv-00093, [49-1] in 1:02-cv-00272 (fe)
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| 56 |
Filed: 2/4/2003, Entered: 2/4/2003 |
Miscellaneous Document |
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Separate concise STATEMENT of facts by plaintiff Internat'l Specialty in 1:02-cv-00272 in support of motion for summary adjudication [54-1] in 1:02-cv-00093, [49-1] in 1:02-cv-00272 (fe)
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| 57 |
Filed: 2/4/2003, Entered: 2/4/2003 |
Description not available |
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DECLARATION of Linda Windham in support of motion for summary adjudication by plaintiff Internat'l Specialty in 1:02-cv-00272 re [54-1] in 1:02-cv-00093, re [49-1] in 1:02-cv-00272 (fe)
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| 58 |
Filed: 2/4/2003, Entered: 2/4/2003 |
Description not available |
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DECLARATION of Susan K. Lamkin in support of motion for summary adjudication by plaintiff Internat'l Specialty in 1:02-cv-00272 re [54-1] in 1:02-cv-00093, re [49-1] in 1:02-cv-00272 (fe)
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| 59 |
Filed: 2/4/2003, Entered: 2/4/2003 |
Description not available |
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DECLARATION of Max L. Kelley in support of plaintiff's motion for summary adjudication by plaintiff Internat'l Specialty in 1:02-cv-00272 re [54-1] in 1:02-cv-00093, re [49-1] in 1:02-cv-00272 (fe)
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| 60 |
Filed: 2/4/2003, Entered: 2/4/2003 |
Miscellaneous Document |
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PROPOSED Order granting plaintiff International Specialty, Inc.'s motion for summary adjudication re [54-1] in 1:02-cv-00093, re [49-1] in 1:02-cv-00272 (fe)
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| 61 |
Filed: 2/5/2003, Entered: 2/6/2003 |
Certificate of Service |
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CERTIFICATE of service by plaintiff Marisco, Ltd. in 1:02-cv-00093, third-party plaintiff Marisco Co., Ltd. in 1:02-cv-00272 (fe)
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| 62 |
Filed: 2/5/2003, Entered: 2/6/2003 |
Motion for Partial Summary Judgment |
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NOTICE OF MOTION and motion by defendant/counter-claimant Kiribati Seafood Co. in 1:02-cv-00093, defendant/4th party plaintiff Kiribati Seafood in 1:02-cv-00272 for partial summary judgment as to liability of Marisco ; memorandum in support of motion; certificate of service - set for 9:45 3/31/03 in 1:02-cv-00093, in 1:02-cv-00272 before Judge David A. Ezra (fe)
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| 63 |
Filed: 2/5/2003, Entered: 2/6/2003 |
Miscellaneous Document |
|
Separate and concise STATEMENT of facts by defendant/ counter-claimant Kiribati Seafood Co. in 1:02-cv-00093, defendant Kiribati Seafood/ 4th party plaintiff Kiribati Seafood in 1:02-cv-00272 in support of its motion for partial summary judgment as to liability of Marisco [62-1] in 1:02-cv-00093, [57-1] in 1:02-cv-00272; declaration of Emily Reber Porter; exhibits a-i; certificate of service (fe)
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| 64 |
Filed: 2/6/2003, Entered: 2/7/2003 |
Original Signature submitted |
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SUBMISSION by defendant/counter-claimant Kiribati Seafood Co. in 1:02-cv-00093, defendant/4th party plaintiff Kiribati Seafood in 1:02-cv-00272 of original signature(s) to status conference statement [51-1] in 1:02-cv-00093, [45-1] in 1:02-cv-00272; certificate of service (bbb) Modified on 02/19/2003
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| 281 |
Filed: 2/6/2003, Entered: 2/10/2004 |
Minutes - Miscellaneous |
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EO : DOCUMENTS SUBMITTED BY John O'Kane for in camera review by the Court ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi - one copy of Documents received are in case No. CV 02-00093 DAE-LEK [SEALED] (fe)
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| 65 |
Filed: 2/11/2003, Entered: 2/11/2003 |
Original Signature submitted |
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SUBMISSION by plaintiff Internat'l Specialty in 1:02-cv-00272 of original signature of Linda Windham's declaration in support of defendant's motion for summary adjudication [54-1] in 1:02-cv-00093, to motion for summary adjudication [49-1] in 1:02-cv-00272 (fe)
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| 67 |
Filed: 2/11/2003, Entered: 2/13/2003 |
Certificate of Service |
|
CERTIFICATE of service by 4th party defendant Sullivan & Curtis In in 1:02-cv-00272 (lmg)
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| 68 |
Filed: 2/11/2003, Entered: 2/13/2003 |
Certificate of Service |
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CERTIFICATE of service by 4th party defendant Sullivan & Curtis In in 1:02-cv-00272 (lmg)
|
|
|
| 66 |
Filed: 2/12/2003, Entered: 2/12/2003 |
Certificate of Service |
|
CERTIFICATE of service by defendant/counter-claimant Kiribati Seafood Co. in 1:02-cv-00093, defendant/ 4th party plaintiff Kiribati Seafood in 1:02-cv-00272 (fe)
|
|
|
| 69 |
Filed: 2/14/2003, Entered: 2/18/2003 |
Motion to Bifurcate |
|
|
NOTICE OF MOTION and motion by 4th party defendant Sullivan & Curtis Insurance Brokers of Washington, LLC's in 1:02-cv-00272 for bifurcation/separate trial, or in the alternative to continue trial ; memorandum in support of motion; consent of client; certificate of service - set for 10:00 3/4/03 in 1:02-cv-00272, in 1:02-cv-00093 before Mag Judge Leslie E. Kobayashi (lmg)
|
|
|
| 70 |
Filed: 2/14/2003, Entered: 2/18/2003 |
Memorandum in Support of Motion |
|
MEMORANDUM by 4th party defendant Sullivan & Curtis Insurance Brokers of Washington, LLC's memorandum in support of Kiribati Seafood Co., LLC's and International Specialty, Inc.'s JOINT motion for bifurcation/separate trial, filed on January 31, 2003 [44-1] in 1:02-cv-00272, of motion for bifurcation/separate trial [49-1] in 1:02-cv-00093 (lmg)
|
|
|
| 71 |
Filed: 2/14/2003, Entered: 2/19/2003 |
Memorandum in Opposition to Motion |
|
MEMORANDUM by plaintiff Marisco, Ltd. in 1:02-cv-00093, in 1:02-cv-00272 in opposition to Kiribati Seafood Co., LLC's & International Specialty, Inc.'s joint motion for bifurcation/separate trial, [69-1] in 1:02-cv-00093, [64-1] in 1:02-cv-00272; declaration of counsel; certificate of service (fe)
|
|
|
| 72 |
Filed: 2/18/2003, Entered: 2/19/2003 |
Errata |
|
ERRATA to Max L. Kelley's declaration in support of plaintiff's motion for summary adjudication by plaintiff Internat'l Specialty in 1:02-cv-00272 to [54-1] in 1:02-cv-00093, to [49-1] in 1:02-cv-00272 (fe)
|
|
|
| 73 |
Filed: 2/18/2003, Entered: 2/19/2003 |
Original Signature submitted |
|
SUBMISSION of original signature of Susan K. Lamkin's declaration in support of defendant's motion for summary judgment/adjudication by plaintiff Internat'l Specialty to [54-1] in 1:02-cv-00093, to [49-1] in 1:02-cv-00272 (fe)
|
|
|
| 74 |
Filed: 2/18/2003, Entered: 2/19/2003 |
Original Signature submitted |
|
SUBMISSION by defendant/ counter-claimant Kiribati Seafood Co. in 1:02-cv-00093, defendant/ 4th party plaintiff Kiribati Seafood in 1:02-cv-00272 of original signature(s) pages of affidavit of Richard D. Carmack to Kiribati Seafoods Co., L.L.C.'s separate and concise statement of facts in support of its motion for partial summary judgment as to liability of Marisco filed 2/5/03 [63-1] in 1:02-cv-00093, [58-1] in 1:02-cv-00272; certificate of service (fe)
|
|
|
| 75 |
Filed: 2/18/2003, Entered: 2/19/2003 |
Original Signature submitted |
|
SUBMISSION by defendant/counter-claimant Kiribati Seafood Co. in 1:02-cv-00093, defendant/ 4th party plaintiff Kiribati Seafood in 1:02-cv-00272 of original signature(s)i pages of affidavit of Captain Kurt Ochsner to Kiribati's concise statement of facts in support of its motion for partial summary judgment as to liability of Marisco [63-1] in 1:02-cv-00093, [58-1] in 1:02-cv-00272; certificate of service (fe)
|
|
|
| 76 |
Filed: 2/20/2003, Entered: 2/21/2003 |
Joinder |
|
JOINDER by Marisco Co., Ltd. in Sullivan & Curtis Insurance Brokers of Washington, LLC's alternative motion to continue trial; certificate of service [64-1] in 1:02-cv-00272, re motion for bifurcation/separate trial, or in the alternative to continue trial [69-1] in 1:02-cv-00093 (lmg)
|
|
|
| 77 |
Filed: 2/21/2003, Entered: 2/24/2003 |
Memorandum in Support of Motion |
|
Joint Reply MEMORANDUM by defendant/ counter-claimant Kiribati Seafood Co. in 1:02-cv-00093, defendant/4th party plaintiff Kiribati Seafood in 1:02-cv-00272 in support of motion for bifurcation/separate trial, or in the alternative to continue trial [69-1] in 1:02-cv-00093, [64-1] in 1:02-cv-00272; certificate of service (fe)
|
|
|
| 78 |
Filed: 2/25/2003, Entered: 2/26/2003 |
Notice of Appearance |
|
Notice of COUNSEL APPEARANCE; certificate of service - for third-party plaintiff in 1:02-cv-00272, plaintiff in 1:02-cv-00093 by Davor Z. Pevec (lmg)
|
|
|
| 79 |
Filed: 2/27/2003, Entered: 2/28/2003 |
Minutes - Miscellaneous |
|
|
EO : 1) Kiribati Seafood Co., L.L.C.'s and International Specialty, Inc.'s Joint Motion for Bifurcation/Separate Trial; 2) 4th Party Defendant Sullivan and Curtis Insurance Brokers of Washington, LLC's Motion for Bifurcation/Separate Trial or in the Alternative to Continue Trial; 3) Third-Party Plaintiff Marsico, Ltd.'s Joinder in #2 4) Status Conference Re: Trial Date and Deadlines are all continued from 03/04/2003 10:00:00 AM to 03/06/2003 10:30:00 AM before LEK. Discovery Conference is also set for 3/6/03 at 10:30 AM before LEK. cc: all counsel - setting hearing on motion for bifurcation/separate trial, or in the alternative to continue trial [69-1] in 1:02-cv-00093, [44-1] in 1:02-cv-00272, 10:30 3/6/03 in 1:02-cv-00093, in 1:02-cv-00272 ; status conference set for 10:30 3/6/03 in 1:02-cv-00093, in 1:02-cv-00272 before Mag Judge Leslie E. Kobayashi ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (fe)
|
|
|
| 80 |
Filed: 2/27/2003, Entered: 2/28/2003 |
Minutes - Miscellaneous |
|
|
EO :Hearing continued: ;[consolidated with civil no. 02-00093DAE-LEK] from 03/04/03 10:00 AM to 03/05/03 10:30 AM before Mag Judge Leslie E. Kobayashi ; cc: all counsel ( Ct Rptr : C7 CD) JUDGE Mag Judge Leslie E. Kobayashi (lmg)
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|
|
| 81 |
Filed: 3/3/2003, Entered: 3/4/2003 |
Miscellaneous Document |
|
Consent of Client to Sullivan & Curtis Insurance Brokers of Washington, LLC's by 4th party defendant Sullivan & Curtis In in 1:02-cv-00272 in support of motion for bifurcation/separate trial, or in the alternative to continue trial [64-1] in 1:02-cv-00272, [69-1] in 1:02-cv-00093; certificate of service (fe)
|
|
|
| 82 |
Filed: 3/6/2003, Entered: 3/7/2003 |
Minutes - Miscellaneous |
|
|
EP : 1) Kiribati Seafood Co., L.L.C.'s and International Specialty, Inc.'s Joint Motion for Bifurcation/Separate Trial; 2) 4th Party Defendant Sullivan and Curtis Insurance Brokers of Washington, LLC's Motion for Bifurcation/Separate Trial or in the Alternative to Continue Trial; 3) Third-Party Plaintiff Marsico, Ltd.'s Joinder in #2 - Michael C. Siboni and Richard C. Wootton participated by phone. Arguments heard. Further Briefing re: motions is due 3/13/03 by 4:00 p.m. Motions will be taken under Advisement thereafter. Written Order to be issued by the Court. [Off the Record] 4) Status Conference Re: Trial Date and Deadlines not held, pending ruling by the Court. Status Conference will probably be set during the first week of April 2003. 5) Discovery Conference held. Over the objections of 4th Party Defendant Sullivan and Curtis Insurance Brokers of Washington, LL's, Marisco's Expert Reports are now due 3/21/03. Michael C. Siboni and Richard C. Wootton's clients will be given the opportunity to submit rebuttal witnesses. Regarding written discovery requests, Kiribati Seafood Co., LLC is to respond to the requests as outlined by the Court. Parties are to meet and confer on the matter, if no agreement can be reached, parties are to contact Magistrate Judge Leslie E. Kobayashi's Courtroom Manager for a briefing schedule and letter briefs are to be submitted. cc: all counsel - taking under advisement on the motion to bifurcate/separate trial [49-1] in 1:02-cv-00093, 1:02-cv-00272, taking under advisement on the motion for bifurcation/separate trial, or in the alternative to continue trial [69-1] in 1:02-cv-00093, ( Ct Rptr : FTR CD 14, C-7 (10:33-11:05)) JUDGE Mag Judge E. Kobayashi (fe)
|
|
|
| 83 |
Filed: 3/12/2003, Entered: 3/13/2003 |
Certificate of Service |
|
CERTIFICATE of service by plaintiff Marisco, Ltd. in 1:02-cv-00093 (fe)
|
|
|
| 84 |
Filed: 3/13/2003, Entered: 3/13/2003 |
Minutes - Miscellaneous |
|
|
EO :Continued : [Final Pretrial Conference] from 05/27/2003 09:05:00 AM to 06/02/2003 09:35:00 AM before LEK. Emily Reber Porter to notify all parties. final pretrial conference set for 9:35 6/2/03 in 1:02-cv-00093, in 1:02-cv-00272 before Mag Judge Leslie E. Kobayashi ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (fe)
|
|
|
| 85 |
Filed: 3/13/2003, Entered: 3/13/2003 |
Minutes - Miscellaneous |
|
|
EO :Status Conference Re: Trial Date and Deadlines set for 03/14/2003 09:00:00 AM before LEK. Michael L. Freed to notify all parties. status conference set for 9:00 3/14/03 in 1:02-cv-00093, in 1:02-cv-00272 before Mag Judge Leslie E. Kobayashi ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (fe)
|
|
|
| 86 |
Filed: 3/13/2003, Entered: 3/13/2003 |
Response - Miscellaneous |
|
Position MEMORANDUM by 4th party defendant Sullivan & Curtis In in 1:02-cv-00272 concerning International Specialty, Inc.'s motion for summary adjudication [54-1] in 1:02-cv-00093, [49-1] in 1:02-cv-00272; declaration of Jody Manago; certificate of service (fe)
|
|
|
| 87 |
Filed: 3/13/2003, Entered: 3/13/2003 |
Miscellaneous Document |
|
Separate and concise STATEMENT of material facts by 4th party defendant Sullivan & Curtis In in 1:02-cv-00272 concerning International Specialty, Inc.'s motion for summary adjudication [54-1] in 1:02-cv-00093, [49-1] in 1:02-cv-00272; certificate of service (fe)
|
|
|
| 88 |
Filed: 3/13/2003, Entered: 3/13/2003 |
Miscellaneous Document |
|
Notice of WITHDRAWAL OF MOTION by defendant/counter-claimant Kiribati Seafood Co. in 1:02-cv-00093 and plaintiff Internat'l Specialty in 1:02-cv-00272 withdrawing motion to bifurcate/separate trial [49-1] in 1:02-cv-00093, 1:02-cv-00272; certificate of service (fe)
|
|
|
| 89 |
Filed: 3/13/2003, Entered: 3/13/2003 |
Miscellaneous Document |
|
STATEMENT of no opposition and no position by defendant/ counter-claimant Kiribati Seafood Co. in 1:02-cv-00093, defendant/ 4th party plaintiff Kiribati Seafood in 1:02-cv-00272 as to International Specialty, Inc. as authorized agents for National Casualty Co.'s motion for summary adjudication [54-1] in 1:02-cv-00093, [49-1] in 1:02-cv-00272; certificate of service (fe)
|
|
|
| 90 |
Filed: 3/13/2003, Entered: 3/14/2003 |
Memorandum in Opposition to Motion |
|
MEMORANDUM by plaintiff Marisco, Ltd. in 1:02-cv-00093, third-party plaintiff Marisco Co., Ltd. in 1:02-cv-00272 in opposition to International Specialty, Inc. as authorized agents for National Casualty Co.'s motion for summary adjudication [54-1] in 1:02-cv-00093, [49-1] in 1:02-cv-00272; certificate of service (fe)
|
|
|
| 91 |
Filed: 3/13/2003, Entered: 3/14/2003 |
Miscellaneous Document |
|
Separate and concise STATEMENT of material facts by plaintiff Marisco, Ltd. in 1:02-cv-00093, third-party plaintiff Marisco Co., Ltd. in 1:02-cv-00272 in support of plaintiff Marisco, Ltd.'s opposition to plaintiff International Specialty, Inc.;s motion for summary adjuciation [90-1] in 1:02-cv-00093, [85-1] in 1:02-cv-00272 (fe)
|
|
|
| 92 |
Filed: 3/13/2003, Entered: 3/14/2003 |
Memorandum in Opposition to Motion |
|
MEMORANDUM by plaintiff Marisco, Ltd. in 1:02-cv-00093, 1:02-cv-00272 in opposition to Kiribati Seafood Co. LLC's motion for partial summary judgment as to liability of Marisco [62-1] in 1:02-cv-00093, [57-1] in 1:02-cv-00272; certificate of service (fe)
|
|
|
| 93 |
Filed: 3/13/2003, Entered: 3/14/2003 |
Miscellaneous Document |
|
Separate and concise STATEMENT of facts by plaintiff Marisco, Ltd. in 1:02-cv-00093, 1:02-cv-00272 in support of plaintiff Marisco, Ltd.'s opposition to Kiribati Seafood Co., LLC's motion for partial summary judgment as to liability of Marisco [92-1] in 1:02-cv-00093, [87-1] in 1:02-cv-00272 (fe)
|
|
|
| 94 |
Filed: 3/13/2003, Entered: 3/14/2003 |
Memorandum in Support of Motion |
|
SUPPLEMENTAL MEMORANDUM by 4th party defendant Sullivan & Curtis Insurance Brokers of Washington, LLC's concerning motion for bifurcation/separate trial, or in the alternative to continue trial filed on February 14, 2003 [64-1]; certificate of service - in 1:02-cv-00272, of [69-1] in 1:02-cv-00093 (lmg)
|
|
|
| 95 |
Filed: 3/13/2003, Entered: 3/14/2003 |
Miscellaneous Document |
|
STATEMENT of no position facts by 4th party defendant Sullivan & Curtis Insurance Brokers of Washington, LLC's to Kiribati Seafood Co., L.L.C.'s motion for partial judgment as to liability of Marisco filed February 5, 2003 [57-1]; certificate of service [62-1] in 1:02-cv-00093 (lmg)
|
|
|
| 96 |
Filed: 3/14/2003, Entered: 3/14/2003 |
Minutes - Miscellaneous |
|
|
EP :Status Conference Re: Trial Date and Deadlines held. Richard C. Wootton and Michael C. Siboni participated by phone. Kiribati Seafood Co., L.L.C. Orally Withdraws their Withdrawal of Motion filed on 3/13/03. Therefore, Kiribati Seafood Co., L.L.C.'s Motion to Bifurcate/Separate Trial filed on 1/31/03 [Document # 49 in Civil No. 02-00093DAE-LEK and Document # 44 in Civil No. 02-00272DAE-LEK] are still pending and under Advisement with Magistrate Judge Leslie E. Kobayashi. Clerk's Office, please un-terminate said Motion. Trial date and all deadline are hereby Vacated. Status Conference Re: Trial Date and Deadlines to be set several weeks after the hearings set before Judge David Alan Ezra on 3/31/03. status conference held 3/14/03 ; Trial ; final pretrial conference; Discovery ddl; Motion filing ddl vacated reinstating motion to bifurcate/separate trial [49-1] in 1:02-cv-00093, [44-1] in 1:02-cv-00272, ( Ct Rptr : No Record, C7) Mag Judge Leslie E. Kobayashi (fe)
|
|
|
| 97 |
Filed: 3/14/2003, Entered: 3/17/2003 |
Certificate of Service |
|
CERTIFICATE of service by Sullivan & Curtis In in 1:02-cv-00272 (lmg)
|
|
|
| 98 |
Filed: 3/18/2003, Entered: 3/18/2003 |
Reply |
|
REPLY by defendant, counter-claimant in 1:02-cv-00093, defendant, 4th party plaintiff Kiribati Seafood in 1:02-cv-00272 to Marisco's memorandum in oppostion to motion for partial summary judgment as to liability of Marisco re [92-1] in 1:02-cv-00093, re [87-1] in 1:02-cv-00272; certificate of service (fe)
|
|
|
| 99 |
Filed: 3/19/2003, Entered: 3/20/2003 |
Description not available |
|
DECLARATION of Jody Managa in support of fourth-party defendant Sullivan & Curtis Insurance Brokers of Washington, LLC's Position Memorandum concerning International Specialty, Inc.'s motion for summary adjudication - by 4th party defendant Sullivan & Curtis In in 1:02-cv-00272 re [81-1] in 1:02-cv-00272, re [86-1] in 1:02-cv-00093; certificate of service (fe)
|
|
|
| 100 |
Filed: 3/20/2003, Entered: 3/21/2003 |
Order |
|
|
ORDER by Mag Judge Leslie E. Kobayashi granting Kiribati Seafood Co., L.L.C.'s and International Specialty, Inc.'s joint motion to bifurcate/separate trial [49-1] in 1:02-cv-00093, [44-1] in 1:02-cv-00272; Order granting Sullivan & Curtis Insurance Brokers of Washington, LLC's motion for bifurcation/separate trial, or in the alternative to continue trial [69-1] in 1:02-cv-00093, [64-1] in 1:02-cv-00272 (cc: all counsel) (fe)
|
|
|
| 101 |
Filed: 3/21/2003, Entered: 3/24/2003 |
Request |
|
REQUEST by plaintiff Internat'l Specialty in 1:02-cv-00272 for Judicial Notice pursuant to F.R.E. 201, exhibits a and b (fe)
|
|
|
| 102 |
Filed: 3/21/2003, Entered: 3/24/2003 |
Reply |
|
REPLY by plaintiff Internat'l Specialty to defendant Marisco Ltd.'s opposition to plaintiff's motion for summary judgment in 1:02-cv-00272 re [90-1] in 1:02-cv-00093, re [85-1] in 1:02-cv-00272 (fe)
|
|
|
| 103 |
Filed: 3/24/2003, Entered: 3/24/2003 |
Errata |
|
Correction by plaintiff Internat'l Specialty to its separate concise statement of material facts in 1:02-cv-00272 to [56-1] in 1:02-cv-00093, to [51-1] in 1:02-cv-00272 (fe)
|
|
|
| 104 |
Filed: 3/24/2003, Entered: 3/24/2003 |
Minutes - Miscellaneous |
|
|
EO : Defendant Kiribati Seafood Co., LLC's motion for partial summary judgment as to liability of Marisco set for 03/31/03 9:45 AM has been continued to 9:45 AM 4/3/03 [57-1] in 1:02-cv-00272, in 1:02-cv-00093 ( Ct Rptr : Cynthia Fazio) JUDGE Judge David A. Ezra (lmg)
|
|
|
| 105 |
Filed: 3/24/2003, Entered: 4/1/2003 |
Minutes - Miscellaneous |
|
|
EO :Defendant Kiribati Seafood Co., LLC's Motion for Partial Summary Judgment as to Liability of Marisco Plaintiff International Specialty Motion for Summary Adjudication set for 03/31/2003 09:45:00 AM has been continued to 04/03/2003 09:45:00 AM before DAE [62-1] [54-1] ( Ct Rptr : ) JUDGE Judge David A. Ezra (fe)
|
|
|
| 106 |
Filed: 3/28/2003, Entered: 3/31/2003 |
Response/Reply - Miscellaneous |
|
OBJECTIONS by Marisco, Ltd. in 1:02-cv-00093, in 1:02-cv-00272 to plaintiff's request for judicial notice [101-1] in 1:02-cv-00093, to [96-1] in 1:02-cv-00272; certificate of service (fe) Modified on 04/01/2003
|
|
|
| 107 |
Filed: 4/3/2003, Entered: 4/4/2003 |
Minutes - Miscellaneous |
|
|
EP :Defendant Kiribati Seafood Co., LLC's Motion for Partial Summary Judgment as to Liability of Marisco. Plaintiff International Specialty Motion for Summary Adjudication. Defendant Kiribati Seafood Co., LLC's Motion for Partial Summary Judgment as to Liability of Marisco-TAKEN UNDER ADVISEMENT. Plaintiff International Specialty Motion for Summary Adjudication-TAKEN UNDER ADVISEMENT. [62-1] in 1:02-cv-00093, [57-1] in 1:02-cv-00272, [54-1] in 1:02-cv-00093, [49-1] in 1:02-cv-00272 ( Ct Rptr : Cynthia Fazio) Judge David A. Ezra (fe)
|
|
|
| 108 |
Filed: 4/4/2003, Entered: 4/7/2003 |
Order |
|
|
ORDER by Judge David A. Ezra granting in part and denying in part ISI's motion for summary adjudication [54-1] in 1:02-cv-00093, 1:02-cv-00272; order granting in part and denying in part Kiribati's motion for partial summary judgment [62-1] in 1:02-cv-00093, 1:02-cv-00272; order denying request for judicial notice [101-1] in 1:02-cv-00093, 1:02-cv-00272 (cc: all counsel) (fe)
|
|
|
| 109 |
Filed: 4/15/2003, Entered: 4/15/2003 |
Certificate of Service |
|
CERTIFICATE of service by defendant/counter-claimant Kiribati Seafood Co. in 1:02-cv-00093, defendant/4th party plaintiff Kiribati Seafood in 1:02-cv-00272 (fe)
|
|
|
| 110 |
Filed: 4/17/2003, Entered: 4/18/2003 |
Minutes - Miscellaneous |
|
|
EO :Status Conference Re: Trial Date and Deadlines set for 04/21/2003 11:00:00 AM before LEK. Emily Reber Porter to notify all parties. status conference set for 11:00 4/21/03 in 1:02-cv-00093, in 1:02-cv-00272 before Mag Judge Leslie E. Kobayashi ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (fe)
|
|
|
| 111 |
Filed: 4/21/2003, Entered: 4/22/2003 |
Minutes - Miscellaneous |
|
|
EP :Status Conference Re: Trial Date and Deadlines held. Further Status Conference Re: Trial Date and Deadlines set for 9:30 5/2/03, LEK. Counsel to be prepared to discuss: 1) Status of production of documents and 2) Status of Discovery and possible trial dates. status conference held 4/21/03 ; status conference set for 9:30 5/2/03 in 1:02-cv-00093, in 1:02-cv-00272 before Mag Judge Leslie E. Kobayashi ( Ct Rptr : No Record) JUDGE Mag Judge Leslie E. Kobayashi (fe)
|
|
|
| 112 |
Filed: 4/28/2003, Entered: 4/28/2003 |
Certificate of Service |
|
CERTIFICATE of service by defendant/counter-claimant Kiribati Seafood Co. in 1:02-cv-00093, defendant/4th party plaintiff Kiribati Seafood in 1:02-cv-00272 (fe)
|
|
|
| 113 |
Filed: 4/28/2003, Entered: 4/28/2003 |
Certificate of Service |
|
CERTIFICATE of service by defendant/counter-claimant Kiribati Seafood Co. in 1:02-cv-00093, defendant/ 4th party plaintiff Kiribati Seafood in 1:02-cv-00272 (fe)
|
|
|
| 114 |
Filed: 4/28/2003, Entered: 4/28/2003 |
Certificate of Service |
|
CERTIFICATE of service by defendant/counter-claimant Kiribati Seafood Co. in 1:02-cv-00093, defendant Kiribati Seafood/4th party plaintiff Kiribati Seafood in 1:02-cv-00272 (fe)
|
|
|
| -- |
Filed: 4/29/2003, Entered: 4/29/2003 |
Transcript |
|
TRANSCRIPT of Proceedings - 4/3/03 - ORIG - ( Cynthia Tando Fazio) - pp 5 (fe) Modified on 04/29/2003
|
|
|
| 115 |
Filed: 5/2/2003, Entered: 5/5/2003 |
Minutes - Miscellaneous |
|
|
EP : Further Status Conference Re: Trial Date and Deadlines held. Richard C. Wootton participated by phone. New trial date and deadlines given. Amended Rule 16 Scheduling Order to be issued. 1. Non-jury trial on March 16, 2004 at 9:00 a.m. before DAE 2. Final Pretrial Conference on February 3, 2004 at 9:00 a.m. before LEK 3. Final Pretrial Conference before District Judge N/A 4. Final Pretrial Statement by January 27, 2004 5. File motions to Join/Add Parties/Amend Pleadings by N/A 6. File other Non-Dispositive Motions by December 17, 2003 7. File Dispositive Motions by October 15, 2003 8a. File Motions in Limine by February 24, 2004 8b. File opposition memo to a Motion in Limine by March 2, 2004 11a. Plaintiff's Expert Witness Disclosures by September 15, 2003 11b. Defendant's Expert Witness Disclosures by October 15, 2003 12. Discovery deadline January 16, 2004 13. Further Settlement Conference set for October 23, 2003 at 2:00 p.m. before LEK 14. Updated Settlement Conference statements by October 17, 2003 20. Submit Voir Dire Questions, Special Verdict Form, Concise Statement of Case and Jury Instructions by N/A 21. File Final witness list by February 24, 2004 24. Exchange Exhibit and Demonstrative aids by February 17, 2004 25. Stipulations re: Authenticity/Admissibility of Proposed Exhibits by February 24, 2004 26. File objections to the Exhibits by March 2, 2004 28a. File Deposition Excerpt Designations by February 24, 2004 28b. File Deposition Counter Designations and Objections by March 2, 2004 29. File Trial Brief by March 2, 2004 30. File Findings of Fact & Conclusions of Law by March 2, 2004 Other Matters: Parties to meet and confer re: deposition scheduling by 5/7/03. A copy of the Amended Rule 16 Scheduling Order mailed to all parties. ;further status conference held 5/2/03 before Mag Judge Leslie E. Kobayashi , ;non-jury Trial set for 9:00 3/16/04 before Judge David A. Ezra , ; final pretrial conference set for 9:00 2/3/04 before Mag Judge Leslie E. Kobayashi , ; settlement conference set for 2:00 10/23/03 Mag Judge Leslie E. Kobayashi , ; Discovery ddl set for 1/16/04 ;file dispositive motions for 10/15/03 ( Ct Rptr : Courtroom 7-no record) JUDGE Mag Judge Leslie E. Kobayashi (lmg)
|
|
|
| 116 |
Filed: 5/2/2003, Entered: 5/5/2003 |
Certificate of Service |
|
CERTIFICATE of service by defendant/counter-claimant/4th - party plaintiff Kiribati Seafood Co. LLC in 1:02-cv-00093, 1:02-cv-00272 (afc)
|
|
|
| 117 |
Filed: 5/8/2003, Entered: 5/8/2003 |
Certificate of Service |
|
CERTIFICATE of service by defendant Kiribati Seafood Co. in 1:02-cv-00093, in 1:02-cv-00272 (afc)
|
|
|
| 118 |
Filed: 5/8/2003, Entered: 5/9/2003 |
Scheduling Order |
|
|
AMENDED RULE 16 SCHEDULING ORDER Mag Judge Leslie E. Kobayashi (cc: all counsel) (afc)
|
|
|
| 119 |
Filed: 5/19/2003, Entered: 5/20/2003 |
Certificate of Service |
|
CERTIFICATE of service by plaintiff Marisco, Ltd. in 1:02-cv-00093, 1:02-cv-00272 (sm)
|
|
|
| 120 |
Filed: 5/21/2003, Entered: 5/21/2003 |
Certificate of Service |
|
CERTIFICATE of service by plaintiff Marisco, Ltd. in 1:02-cv-00093, defendant Marisco Co., Ltd. in 1:02-cv-00272 (lmg)
|
|
|
| 121 |
Filed: 5/22/2003, Entered: 5/22/2003 |
Certificate of Service |
|
CERTIFICATE of service by plaintiff Marisco, Ltd. in 1:02-cv-00093, third-party plaintiff Marisco Co., Ltd. in 1:02-cv-00272 (fe)
|
|
|
| -- |
Filed: 6/5/2003, Entered: 6/9/2003 |
Filing Fee Received |
|
FILING FEE PAID in the amount of $ 100.00, receipt # 216147 - for PHV attorney Dennis M. Moran (fe)
|
|
|
| 122 |
Filed: 6/5/2003, Entered: 6/5/2003 |
Certificate of Service |
|
CERTIFICATE of service by defendant/ counter-claimant Kiribati Seafood Co. in 1:02-cv-00093, defendant/ 4th party plaintiff Kiribati Seafood in 1:02-cv-00272 (fe)
|
|
|
| 123 |
Filed: 6/5/2003, Entered: 6/5/2003 |
Certificate of Service |
|
CERTIFICATE of service by defendant/counter-claimant Kiribati Seafood Co. in 1:02-cv-00093, defendant/ 4th party plaintiff Kiribati Seafood in 1:02-cv-00272 (fe)
|
|
|
| 124 |
Filed: 6/6/2003, Entered: 6/6/2003 |
Certificate of Service |
|
CERTIFICATE of service by defendant and counter-claimant Kiribati Seafood Co. in 1:02-cv-00093, defendant and 4th party plaintiff Kiribati Seafood in 1:02-cv-00272 (fe)
|
|
|
| 125 |
Filed: 6/9/2003, Entered: 6/9/2003 |
Ex Parte Motion and order |
|
|
EX PARTE MOTION and Order {GRANTING} by Mag Judge Leslie E. Kobayashi by defendant/counter-claimant Kiribati Seafood Co. in 1:02-cv-00093, defendant/4th party plaintiff Kiribati Seafood in 1:02-cv-00272 for attorney Dennis M. Moran to appear pro hac vice ; declarations of John R. Lacy and Dennis M. Moran; certificate of service (fe)
|
|
|
| 126 |
Filed: 6/13/2003, Entered: 6/16/2003 |
Certificate of Service |
|
CERTIFICATE of service by defendant/ counter-claimant Kiribati Seafood Co. in 1:02-cv-00093, defendant/ 4th party plaintiff Kiribati Seafood in 1:02-cv-00272 (fe)
|
|
|
| 127 |
Filed: 6/13/2003, Entered: 6/16/2003 |
Original Signature submitted |
|
SUBMISSION by defendant/counter-claimant Kiribati Seafood Co. in 1:02-cv-00093, defendant/ 4th party plaintiff Kiribati Seafood in 1:02-cv-00272 of original signature of attorney Dennis M. Moran to to ex parte application for admission pro hac vice [125-1] in 1:02-cv-00093, [122-2] in 1:02-cv-00272; certificate of service (fe)
|
|
|
| 128 |
Filed: 7/10/2003, Entered: 7/11/2003 |
Certificate of Service |
|
CERTIFICATE of service by defendant/ counter-claimant Kiribati Seafood Co. in 1:02-cv-00093, defendant/ 4th party plaintiff Kiribati Seafood in 1:02-cv-00272 (fe)
|
|
|
| 129 |
Filed: 7/11/2003, Entered: 7/11/2003 |
Certificate of Service |
|
CERTIFICATE of service by defendant/ counter-claimant Kiribati Seafood Co. in 1:02-cv-00093, defendant/ 4th party plaintiff Kiribati Seafood in 1:02-cv-00272 (fe)
|
|
|
| 130 |
Filed: 7/14/2003, Entered: 7/14/2003, Terminated: 11/12/2003 |
Motion for Summary Judgment |
|
|
NOTICE OF MOTION and motion by plaintiff Internat'l Specialty in 1:02-cv-00272 for summary judgment ; certificate of service - set for 9:00 8/11/03 in 1:02-cv-00093, in 1:02-cv-00272 before Judge David A. Ezra (fe) Modified on 09/17/2003
|
|
|
| 131 |
Filed: 7/14/2003, Entered: 7/14/2003 |
Memorandum in Support of Motion |
|
MEMORANDUM of points and authorities by plaintiff Internat'l Specialty in 1:02-cv-00272 in support of motion for summary judgment [130-1] in 1:02-cv-00093, [127-1] in 1:02-cv-00272 (fe)
|
|
|
| 132 |
Filed: 7/14/2003, Entered: 7/14/2003 |
Miscellaneous Document |
|
Separate concise STATEMENT of material facts by plaintiff Internat'l Specialty in 1:02-cv-00272 in support of motion for summary judgment [130-1] in 1:02-cv-00093, [127-1] in 1:02-cv-00272 (fe)
|
|
|
| 133 |
Filed: 7/14/2003, Entered: 7/14/2003 |
Description not available |
|
DECLARATION of Linda Windham in support of motion for summary judgment in 1:02-cv-00272 re [130-1] in 1:02-cv-00093, re [127-1] in 1:02-cv-00272 (fe)
|
|
|
| 134 |
Filed: 7/14/2003, Entered: 7/14/2003 |
Description not available |
|
DECLARATION of Susan K. Lamkin in support of motion for summary adjudication re [130-1] in 1:02-cv-00093, re [127-1] in 1:02-cv-00272 (fe)
|
|
|
| 135 |
Filed: 7/14/2003, Entered: 7/14/2003 |
Description not available |
|
DECLARATION of Max L. Kelley in support of plaintiff's motion for summary adjudication re [130-1] in 1:02-cv-00093, re [127-1] in 1:02-cv-00272 (fe)
|
|
|
| 136 |
Filed: 7/14/2003, Entered: 7/14/2003 |
Miscellaneous Document |
|
PROPOSED Order granting plaintiff International Specialty, Inc.'s motion for summary adjudication re [130-1] in 1:02-cv-00093, re [127-1] in 1:02-cv-00272 (fe)
|
|
|
| 137 |
Filed: 7/14/2003, Entered: 7/14/2003 |
Certificate of Service |
|
CERTIFICATE of service by defendant/ counter-claimant Kiribati Seafood Co. in 1:02-cv-00093, defendant/ 4th party plaintiff Kiribati Seafood in 1:02-cv-00272 (fe)
|
|
|
| 138 |
Filed: 7/24/2003, Entered: 7/24/2003 |
Certificate of Service |
|
CERTIFICATE of service by plaintiff Marisco, Ltd. in 1:02-cv-00093, third-party plaintiff Marisco Co., Ltd. in 1:02-cv-00272 (fe)
|
|
|
| 139 |
Filed: 7/24/2003, Entered: 7/25/2003 |
Memorandum in Opposition to Motion |
|
MEMORANDUM by defendant/ counter-claimant Kiribati Seafood Co. in 1:02-cv-00093, defendant/ 4th party plaintiff Kiribati Seafood in 1:02-cv-00272 in opposition to International Specialty's motion for summary judgment [130-1] in 1:02-cv-00093, [127-1] in 1:02-cv-00272; certificate of service (fe)
|
|
|
| 140 |
Filed: 7/24/2003, Entered: 7/25/2003 |
Miscellaneous Document |
|
Separate and concise STATEMENT of facts by defendant/ counter-claimant Kiribati Seafood Co. in 1:02-cv-00093, defendant/ 4th party plaintiff Kiribati Seafood in 1:02-cv-00272 in support of its memorandum in opposition to International Specialty's motion for summary adjudication [139-1] in 1:02-cv-00093, [136-1] in 1:02-cv-00272; declaration of Emily Reber Porter; {FAXED} declaration of Michael C. Siboni; exhibits a-k; certificate of service (fe)
|
|
|
| 141 |
Filed: 7/25/2003, Entered: 7/25/2003 |
Joinder |
|
JOINDER by plaintiff Marisco, Ltd. in 1:02-cv-00093, third-party plaintiff Marisco Co., Ltd. in 1:02-cv-00272 re Kiribati Seafood Co., LLC opposition to International Specialty, Inc.'s motion for summary adjudication [139-1] in 1:02-cv-00093, [136-1] in 1:02-cv-00272; certificate of service (fe)
|
|
|
| 142 |
Filed: 7/28/2003, Entered: 7/29/2003 |
Description not available |
|
DECLARATION of Emily Reber Porter; exhibit l; certificate of service - by defendant/ counter-claimant Kiribati Seafood Co. in 1:02-cv-00093, defendant/ 4th party plaintiff Kiribati Seafood in 1:02-cv-00272 (fe)
|
|
|
| 143 |
Filed: 7/29/2003, Entered: 7/29/2003 |
Stipulation and Order |
|
|
Rule 41(a)(1) STIPULATION of dismissal with prejudice of the fourth-party complaint against Sullivan and Custis Insurance Brokers of Washington, LLC and ORDER by Judge David A. Ezra : dismissing party Sullivan & Curtis In in 1:02-cv-00272 (fe)
|
|
|
| 144 |
Filed: 7/31/2003, Entered: 7/31/2003 |
Minutes - Miscellaneous |
|
|
EO :Motion for Summary Adjudication has been continued from 08/11/2003 09:00:00 AM to 10/27/2003 10:30:00 AM before DAE Emily Reber Porter to prepare stip. - setting hearing on motion for summary judgment [130-1] in 1:02-cv-00093, 1:02-cv-00272 10:30 10/27/03 ( Ct Rptr : ) JUDGE Judge David A. Ezra (fe)
|
|
|
| 145 |
Filed: 7/31/2003, Entered: 7/31/2003 |
Description not available |
|
DECLARATION of Max L. Kelley in support of plaintiff Internat'l Specialty's ex parte application for an order enlarging the time for it to file its reply brief in 1:02-cv-00272 (fe)
|
|
|
| 146 |
Filed: 7/31/2003, Entered: 7/31/2003 |
Service - Miscellaneous |
|
PROOF OF SERVICE by plaintiff Internat'l Specialty in 1:02-cv-00272 of plaintiff ISI's ex parte application and order enlarging time to file reply brief and declaration [145-1] (fe)
|
|
|
| 147 |
Filed: 7/31/2003, Entered: 8/1/2003 |
Description not available |
|
Submission of DECLARATION of Michael C. Siboni by defendant/ counter-claimant Kiribati Seafood Co. in 1:02-cv-00093, defendant/4th party plaintiff Kiribati Seafood in 1:02-cv-00272 to opposition to International Specialty, Inc. as authorized agents for National Casualty Co.'s motion for summary judgment adjudication re [139-1] in 1:02-cv-00093, re [139-1] in 1:02-cv-00272; certificate of service (fe)
|
|
|
| 148 |
Filed: 8/8/2003, Entered: 8/11/2003 |
Stipulation and Order |
|
|
STIPULATION to continue hearing date on International Specialty, Inc. as authorized agents for National Casualty Co.'s motion for summary adjudication filed July 14, 2003; withdrawal of ISI's Ex parte motion filed July 31, 2003 and ORDER by Judge David A. Ezra : setting hearing on motion for summary judgment [130-1] in 1:02-cv-00093, 1:02-cv-00272 10:30 10/27/03 (fe)
|
|
|
| 149 |
Filed: 8/27/2003, Entered: 8/27/2003 |
Certificate of Service |
|
CERTIFICATE of service by defendant/ counter-claimant Kiribati Seafood Co. in 1:02-cv-00093, defendant/ 4th party plaintiff Kiribati Seafood in 1:02-cv-00272 (fe)
|
|
|
| 150 |
Filed: 8/28/2003, Entered: 8/29/2003 |
Motion to Dismiss |
|
|
NOTICE OF MOTION and motion by defendant/counter-claimant Kiribati Seafood Co. in 1:02-cv-00093, defendant/4th party plaintiff Kiribati Seafood in 1:02-cv-00272 to dismiss International Specialty Inc. as authorized agents for National Casualty Co.'s claim against Marisco, Ltd. for failure to name the real party in interest ; memorandum in support of motion; certificate of service set for 10:30 10/27/03 in 1:02-cv-00093, in 1:02-cv-00272 before Judge David A. Ezra (fe) Modified on 09/17/2003
|
|
|
| 151 |
Filed: 9/12/2003, Entered: 9/15/2003 |
Minutes - Miscellaneous |
|
|
EO :Continued : [Further Settlement Conference] from 10/23/2003 02:00:00 PM to 10/28/2003 02:00:00 PM before LEK. Emily Reber Porter to notify all parties. settlement/status conference set for 2:00 10/28/03 in 1:02-cv-00093, in 1:02-cv-00272 before Mag Judge Leslie E. Kobayashi ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (fe)
|
|
|
| 152 |
Filed: 9/15/2003, Entered: 9/15/2003 |
Description not available |
|
Amended DISCLOSURE OF EXPERT WITNESSES by defendant and counter-claimant Kiribati Seafood Co. in 1:02-cv-00093, defendant and 4th party plaintiff Kiribati Seafood in 1:02-cv-00272; exhibits a-b; certificate of service (fe)
|
|
|
| 153 |
Filed: 9/22/2003, Entered: 9/22/2003 |
Certificate of Service |
|
CERTIFICATE of service by defendant and counter-claimant Kiribati Seafood Co. in 1:02-cv-00093, defendant and 4th party plaintiff Kiribati Seafood in 1:02-cv-00272 (fe)
|
|
|
| 154 |
Filed: 9/22/2003, Entered: 9/23/2003 |
Joinder |
|
JOINDER by plaintiff Marisco, Ltd. in 1:02-cv-00093, in 1:02-cv-00272 re Kiribati Seafood CP., L.L.C.'s motion to dismiss International Specialty Inc. as agents for National Casualty Co.'s claim against Marisco, Ltd. for failure to name the real party in interest [150-1] in 1:02-cv-00093, [147-1] in 1:02-cv-00272; certificate of service (fe)
|
|
|
| 155 |
Filed: 9/26/2003, Entered: 9/26/2003 |
Certificate of Service |
|
CERTIFICATE of service by plaintiff Marisco, Ltd. in 1:02-cv-00093, third-party plaintiff Marisco Co., Ltd. in 1:02-cv-00272 (fe)
|
|
|
| 156 |
Filed: 9/26/2003, Entered: 9/26/2003 |
Certificate of Service |
|
CERTIFICATE of service by plaintiff Marisco, Ltd. in 1:02-cv-00093, third-party plaintiff Marisco Co., Ltd. in 1:02-cv-00272 (fe)
|
|
|
| 158 |
Filed: 9/29/2003, Entered: 9/30/2003 |
Description not available |
|
DISCLOSURE OF EXPERT WITNESSES of plaintiff Internat'l Specialty in 1:02-cv-00272 (eps)
|
|
|
| 157 |
Filed: 9/30/2003, Entered: 9/30/2003 |
Certificate of Service |
|
CERTIFICATE of service by plaintiff Marisco, Ltd. in 1:02-cv-00272, plaintiff in 1:02-cv-00093 (lmg)
|
|
|
| 159 |
Filed: 10/2/2003, Entered: 10/3/2003 |
Miscellaneous Document |
|
|
EX PARTE MOTION by plaintiff Marisco, Ltd. in 1:02-cv-00093, in 1:02-cv-00272 to shorten time for hearing on Marisco, Ltd.'s motion to extend deadlines for filing dispositive motions and exchanging expert reports ; declaration of Leslie C. Maharaj in support of motion; exhibit A - referred to Mag Judge Leslie E. Kobayashi before Mag Judge Leslie E. Kobayashi (afc)
|
|
|
| 160 |
Filed: 10/7/2003, Entered: 10/8/2003 |
Description not available |
|
DISCLOSURE OF EXPERT WITNESSES of plaintiff Internat'l Specialty in 1:02-cv-00272; 1:02-00093 (lmg)
|
|
|
| 161 |
Filed: 10/7/2003, Entered: 10/8/2003 |
Ex Parte Motion and order |
|
|
ORDER granting plaintiff Marisco, Ltd.'s ex parte motion to shorten time for hearing on plaintiff Marisco, Ltd.'s motion to extend deadlines for filing dispositive motions and exchanging expert reports by Mag Judge Leslie E. Kobayashi - hearing set for 2:00 10/14/03 before Mag Judge Leslie E. Kobayashi; memorandum in opposition and counter affidavits, if any, shall be served by ASAP; Marisco, the movant, shall file and serve its replies, if any by ASAP - in 1:02-cv-00093 in 02-00272 - on behalf of plaintiff counsel) (lmg)
|
|
|
| 162 |
Filed: 10/7/2003, Entered: 10/8/2003 |
Motion for Miscellaneous Relief |
|
|
NOTICE OF MOTION and motion by plaintiff Marisco, Ltd.'s to extend deadlines for filing dispositive motions and exchanging expert reports ; memorandum in support of motion; declaration of Davor Pevec; declaration of Dirk Von Guenthner; exhibits A-B; certificate of service - set for 2:00 10/14/03 before Mag Judge Leslie E. Kobayashi - in 1:02-cv-00093, in 1:02-cv-00272 (lmg)
|
|
|
| 163 |
Filed: 10/8/2003, Entered: 10/8/2003 |
Ex Parte Motion and order |
|
|
EX PARTE MOTION to shorten time for hearing on Kiribati Seafood Co., L.L.C.'s motion to quash and/or modify subpoena duces tecum issued September 30, 2003; declaration of counsel; ORDER by Mag Leslie E. Kobayashi - granting ex parte motion to shorten time for hearing on Kiribati Seafood Co., L.L.C.'s motion to quash and/or modify subpoena duces tecum issued September 30, 2003 ; certificate of service in 1-02-cv-00093, in 1-02-cv-00272 - hearing set for 9:00 10/10/03 before Mag Judge Leslie E. Kobayashi (lmg) Modified on 10/08/2003
|
|
|
| 164 |
Filed: 10/8/2003, Entered: 10/8/2003, Terminated: 10/10/2003 |
Motion to Quash |
|
|
NOTICE OF MOTION and motion by defendant Kiribati Seafood Co., L.L.C.'s to quash and/or modify subpoena duces tecum issued September 30, 2003 ; memorandum in support of motion; declaration of counsel; exhibits A-C; certificate of service - hearing set for 9:00 10/10/03 in 1:02-cv-00093, in 1:02-cv-00272 before Mag Judge Leslie E. Kobayashi (lmg)
|
|
|
| 165 |
Filed: 10/9/2003, Entered: 10/9/2003 |
Memorandum in Opposition to Motion |
|
MEMORANDUM OF POINTS AND AUTHORITIES by plaintiff International Specialty, Inc. in 1:02-cv-00272 IN OPPOSITION to Marisco and Kiribati's MOTION TO DISMISS [150-1] in 1:02-cv-00093, [147-1] in 1:02-cv-00272; [declaration of Max L. Kelley in support of opposition; exhibits A, B; proof of service] (afc)
|
|
|
| 166 |
Filed: 10/9/2003, Entered: 10/10/2003 |
Memorandum in Opposition to Motion |
|
OPPOSITION by plaintiff Marisco, Ltd. in 1:02-cv-00093, in 1:02-cv-00272 to Kiribati Seafood Co., L.L.C.'s motion to quash and/or modify subpoena duces tecum September 30, 2003; declaration of counsel (exhibit A); certificate of service [161-1] [164-1] (lmg)
|
|
|
| 167 |
Filed: 10/9/2003, Entered: 10/10/2003 |
Certificate of Service |
|
CERTIFICATE of service by plaintiff in 1:02-cv-00093, in 1:02-cv-00272 (lmg)
|
|
|
| 168 |
Filed: 10/10/2003, Entered: 10/14/2003 |
Minutes - Miscellaneous |
|
|
EO : Motion for Summary Adjudication Kiribati Seafood Co., LLC's Motion to Dismiss Plaintiff Marisco, LTD.'s Joinder In Kiribati Seafood CP., L.L.C.'s Motion to Dismiss The time for these motions have been changed from 10:30am to 9:00am on 10/27/2003DAE. cc: All counsel [150-1] in 1:02-cv-00093, 1:02-cv-00272 [154-1] ( Ct Rptr : Cynthia Fazio) JUDGE Judge David A. Ezra (eps)
|
|
|
| 169 |
Filed: 10/10/2003, Entered: 10/20/2003 |
Minutes - Miscellaneous |
|
|
EO :Plaintiff Marisco, Ltd.'s Motion to Extend Deadlines for Filing Dispositive Motions and Exchanging Expert Reports set for 10/14/2003 02:00:00 PM before LEK is Vacated. - vacating [162-1] 1:02-cv-00093, vacating [159-1] in 1:02-cv-00272, vacating [156-1] motion to shorten time for hearing on Marisco, Ltd.'s motion to extend deadlines for filing dispositive motions and exchanging expert in 1:02-cv-00272, vacating [159-1] motion to shorten time for hearing on Marisco, Ltd.'s motion to extend deadlines for filing dispositive motions and exchanging expert in 1:02-cv-00093 ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (fe)
|
|
|
| 170 |
Filed: 10/10/2003, Entered: 10/20/2003 |
Minutes - Miscellaneous |
|
|
EP : Kiribati Seafood Co., LLC's Motion to Quash and/or to Modify Subpoena Duces Tecum - Dennis C. Moran and Richard C. Wootton participated by phone. Arguments heard. Motion Denied. Leslie C. Maharaj to prepare Order. [164-1] in 1:02-cv-00093, [161-1] in 1:02-cv-00272 ( Ct Rptr : C5, Tape 1180) JUDGE Mag Judge Leslie E. Kobayashi (fe)
|
|
|
| 171 |
Filed: 10/10/2003, Entered: 10/20/2003 |
Minutes - Miscellaneous |
|
|
EO : Plaintiff Marisco, Ltd.'s Motion to Extend Deadlines for Filing Dispositive Motions and Exchanging Expert Reports, filed on October 7, 2003, is considered non-hearing pursuant to Local Rule 7.2(d), and HEREBY DENIED. [162-1] in 1:02-cv-00093, 1:02-cv-00272 ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (fe)
|
|
|
| 172 |
Filed: 10/16/2003, Entered: 10/20/2003 |
Certificate of Service |
|
CERTIFICATE of service by plaintiff/counter-defendant Marisco, Ltd. in 1:02-cv-00093, defendant/ third-party plaintiff Marisco Co., Ltd. in 1:02-cv-00272 (fe)
|
|
|
| 173 |
Filed: 10/16/2003, Entered: 10/20/2003 |
Memorandum in Support of Motion |
|
Reply MEMORANDUM by defendant/counter-claimant Kiribati Seafood Co. in 1:02-cv-00093, defendant/4th party plaintiff Kiribati Seafood in 1:02-cv-00272 in support of motion to dismiss International Specialty Inc. authorized agents for National Casualty Co.'s claim against Marisco, Ltd. for failure to name the real party in interest [150-1] in 1:02-cv-00093, [147-1] in 1:02-cv-00272; memorandum in support of motion; certificate of service (fe)
|
|
|
| 174 |
Filed: 10/16/2003, Entered: 10/20/2003 |
Reply |
|
REPLY by plaintiff Internat'l Specialty in 1:02-cv-00272 to defendant Matisco Ltd.'s oppositionto ISI's motion for summary adjudication; declaration of counsel; exhibit a and b; proof of service (fe)
|
|
|
| 175 |
Filed: 10/17/2003, Entered: 10/20/2003 |
Minutes - Miscellaneous |
|
|
EO :Motion for Summary Adjudication Kiribati Seafood Co., LLC's Motion to Dismiss Plaintiff Marisco, LTD.'s Joinder In Kiribati Seafood CP., L.L.C.'s Motion to Dismiss These motions have been continued from 10/27/2003 09:00:00 AM to 10/28/2003 10:30:00 AM before DAE - setting hearing on motion for summary judgment [130-1] [150-1] in 1:02-cv-00093, 1:02-cv-00272 10:30 10/28/03 ( Ct Rptr : ) JUDGE Judge David A. Ezra (fe)
|
|
|
| 176 |
Filed: 10/22/2003, Entered: 10/23/2003 |
Response - Miscellaneous |
|
Supplemental MEMORANDUM by defendant/counter-claimant Kiribati Seafood Co. in 1:02-cv-00093, defendant/ 4th party plaintiff Kiribati Seafood in 1:02-cv-00272 RE: choice of law [174-1] in 1:02-cv-00093, [171-1] in 1:02-cv-00272; certificate of service (fe)
|
|
|
| 177 |
Filed: 10/24/2003, Entered: 10/24/2003 |
Certificate of Service |
|
CERTIFICATE of service by plaintiff/counter-defendant Marisco, Ltd. in 1:02-cv-00093, defendant/ third-party plaintiff Marisco Co., Ltd. in 1:02-cv-00272 (fe)
|
|
|
| 178 |
Filed: 10/27/2003, Entered: 10/27/2003 |
Order |
|
|
ORDER by Mag Judge Leslie E. Kobayashi denying Kiribati Seafood Co., L.L.C.'s motion to quash and/or modify subpoena duces tecum issued September 30, 2003 [164-1] in 1:02-cv-00093, 1:02-cv-00272 - on behalf of Marisco, Ltd. (fe)
|
|
|
| 179 |
Filed: 10/27/2003, Entered: 10/28/2003 |
Response - Miscellaneous |
|
Supplemental MEMORANDUM by plaintiff Internat'l Specialty regarding choice of law in 1:02-cv-00272 RE: motion for summary judgment [130-1] in 1:02-cv-00093, [127-1] in 1:02-cv-00272; proof of service (fe)
|
|
|
| 180 |
Filed: 10/28/2003, Entered: 10/29/2003 |
Minutes - Miscellaneous |
|
|
EP :Motion for Summary Adjudication. Kiribati Seafood Co., LLC's Motion to Dismiss. Motion for Summary Adjudication- TAKEN UNDER ADVISEMENT. Kiribati Seafood Co., LLC's Motion to Dismiss- TAKEN UNDER ADVISEMENT. [130-1] in 1:02-cv-00093, [127-1] in 1:02-cv-00272, [150-1] in 1:02-cv-00093, [147-1] in 1:02-cv-00272 ( Ct Rptr : Lisa Groulx) JUDGE Judge David A. Ezra (fe)
|
|
|
| 181 |
Filed: 10/28/2003, Entered: 10/29/2003 |
Request |
|
REQUEST by defendant/counter-claimant Kiribati Seafood Co. in 1:02-cv-00093, defendant/4th party plaintiff Kiribati Seafood in 1:02-cv-00272 for judicial notice; exhibit a; certificate of service (fe)
|
|
|
| 182 |
Filed: 10/28/2003, Entered: 10/29/2003 |
Minutes - Miscellaneous |
|
|
EP : further status conference held 10/28/03 before Mag Judge Leslie E. Kobayashi ( Ct Rptr : no JUDGE Mag Judge Leslie E. Kobayashi (fe)
|
|
|
| 183 |
Filed: 10/29/2003, Entered: 10/29/2003 |
Certificate of Service |
|
CERTIFICATE of service by plaintiff /counter-defendant Marisco, Ltd. in 1:02-cv-00093, defendant/ 1:02-cv-00272, third-party plaintiff Marisco Co., Ltd. in 1:02-cv-00272 (fe)
|
|
|
| 184 |
Filed: 10/30/2003, Entered: 10/30/2003, Terminated: 9/29/2004 |
Motion to Compel |
|
|
NOTICE OF MOTION and motion by plaintiff/ counter-defendant Marisco, Ltd. in 1:02-cv-00093, defendant/ third-party plaintiff Marisco Co., Ltd. in 1:02-cv-00272 compel compliance with Fed. R. Civ. P. 45 subpoena ; memorandum in support of motion; declaration of counsel (exhibits a-d); certificate of service - set for 10:00 12/2/03 in 1:02-cv-00093, in 1:02-cv-00272 before Mag Judge Leslie E. Kobayashi (fe)
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| 185 |
Filed: 10/31/2003, Entered: 11/3/2003 |
Certificate of Service |
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CERTIFICATE of service by plaintiff/ counter-defendant Marisco, Ltd. in 1:02-cv-00093, defendant Marisco Co., Ltd./ third-party plaintiff Marisco Co., Ltd. in 1:02-cv-00272 (fe)
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| 186 |
Filed: 10/31/2003, Entered: 11/3/2003 |
Order |
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COURT ORDER: ORDER DIRECTING MEDIATION This Court, in an attempt to encourage an expeditious and voluntary settlement between the parties, WHEREAS, the factual and legal issues, and the amount in controversy in this matter indicate that mediation may well serve to expedite settlement of this case; and NOW THEREFORE, pursuant to the findings and directives of Congress in the Alternative Dispute Resolution Act of 1998, 28 U.S.C. 61, et seq., and LR88.1, IT IS HEREBY ORDERED that this matter be submitted to mediation on the following conditions: 1. The Court will appoint a mediator by the selection process. Specifically, each party shall simultaneously submit by telecopier to the Court at 541-1386, at 9:00 a.m. (H.S.T.) on November 7,2003, a list of three (3) names as proposed mediators who are qualified and acceptable to that party. If one of the names on the lists proposed by the parties matches, then that person will be appointed as the mediator. If none of the names match, then the Court will submit the list of names to the parties for each to rank the proposed mediators. The proposed mediator with the highest total ranking will be appointed as mediator. In case of a tie or if one or more of the parties fail to submit names of proposed mediators, then the Court will select a mediator. If the parties agree upon a mediator, then the parties will notify the Court. 2. The Court will issue an Order appointing the mediator in the above-entitled case. 3. The mediator shall be compensated at an hourly rate and be reimbursed for any incidental costs approved by the Court. The parties are directed to pay the mediator the amounts approved by the Court with the parties paying their pro rata share of the mediator's fees and costs, unless the mediator and/or the Court determines that one party has not mediated in good faith. 4. All parties, any insurance company having an interest, and their counsel, are ordered to attend, in person, all mediation sessions scheduled by the mediator. At least one such person for each party and insurance company shall have full settlement authority. Such persons and entities are further ordered to participate in and prepare for the mediation in objective good faith. Such persons or entities are warned that the Court may impose sanctions, including, but not limited to, dismissal of a claim or defense, monetary sanctions, or other sanction as may be appropriate, in the same manner that a party or a lawyer might be sanctioned under Fed. R. Civ. P. 16(f) should such persons or entities fail to comply with this order in objective good faith. 5. Participation in scheduled mediation sessions by telephonic means SHALL NOT be permitted. 6. Discovery may continue throughout mediation, or the parties may agree to delay or defer discovery. IT IS SO ORDERED. by Mag Judge Leslie E. Kobayashi (cc: all counsel) (fe)
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| 187 |
Filed: 11/4/2003, Entered: 11/4/2003, Terminated: 12/3/2003 |
Motion to Compel |
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NOTICE OF MOTION and motion by defendant/ counter-claimant Kiribati Seafood Co. in 1:02-cv-00093, defendant/ 4th party plaintiff Kiribati Seafood in 1:02-cv-00272 to compel responses and documents to Kiribati Seafood Co., LLC's first set of interrogatories and requests for production of documents to Marisco, Ltd., served on 6/13/03, for a ruling that objections have been waived, and for attorneys' fees and costs ; memorandum in support of motion; declaration of counsel; exhibits a-h; certificate of service - set for 10:00 12/2/03 in 1:02-cv-00093, in 1:02-cv-00272 before Mag Judge Leslie E. Kobayashi (fe)
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| 188 |
Filed: 11/6/2003, Entered: 11/6/2003 |
Original Signature submitted |
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SUBMISSION by plaintiff Internat'l Specialty in 1:02-cv-00272 of original signature(s) to supplemental memorandum regarding choice of law [179-1] in 1:02-cv-00093, to [176-1] in 1:02-cv-00272; certificate of service (fe)
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| 189 |
Filed: 11/6/2003, Entered: 11/6/2003 |
Certificate of Service |
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CERTIFICATE of service by plaintiff/ counter-defendant Marisco, Ltd. in 1:02-cv-00093, defendant/ third-party plaintiff Marisco Co., Ltd. in 1:02-cv-00272 (fe)
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| 190 |
Filed: 11/10/2003, Entered: 11/11/2003 |
Certificate of Service |
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CERTIFICATE of service by Marisco, Ltd. in 1:02-cv-00093, in 1:02-cv-00272 (afc)
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| 191 |
Filed: 11/12/2003, Entered: 11/13/2003 |
Order |
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ORDER by Judge David A. Ezra denying ISI's motion for summary adjudication without prejudice [130-1] in 1:02-cv-00093, [147-1] in 1:02-cv-00272, (cc: all counsel) (fe)
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| 192 |
Filed: 11/13/2003, Entered: 11/13/2003 |
Certificate of Service |
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CERTIFICATE of service by defendant/counter-claimant Kiribati Seafood Co. in 1:02-cv-00093, defendant/ 4th party plaintiff Kiribati Seafood in 1:02-cv-00272 (fe)
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| 193 |
Filed: 11/13/2003, Entered: 11/14/2003 |
Certificate of Service |
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CERTIFICATE of service by plaintiff/ counter-defendant Marisco, Ltd. in 1:02-cv-00093, defendant/ third-party plaintiff Marisco Co., Ltd. in 1:02-cv-00272 (fe)
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| 194 |
Filed: 11/13/2003, Entered: 11/14/2003 |
Order |
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|
ORDER DIRECTING MEDIATION AND APPOINTING MEDIATOR: This Court, in an attempt to encourage an expeditious and voluntary settlement between the parties, has determined that the complexity of the factual and legal issues in the instant matter indicate that mediation may well serve to expedite settlement of this case; and the parties have notified the Court that they are agreed to the Honorable Judge Harry McCue serving as the mediator in this action; NOW THEREFORE, pursuant to the findings and directives of Congress in the Alternative Dispute Resolution Act of 1998, 28 U.S.C. 651, et seq., and Local Rule 88.1, IT IS HEREBY ORDERED that this matter be submitted to mediation on the following conditions: 1. The Court HEREBY APPOINTS Judge McCue as mediator in the above-entitled case. The mediator is specifically directed to notify the parties in writing of the date, time, and place of the first mediation conference. Procedures within the mediation, including, but not limited to, the form and content of any submission, shall be determined by the mediator. The mediator shall periodically inform this Court of the progress of the mediation. 2. The mediator shall be compensated at his customary hourly rate and be reimbursed for any incidental costs approved by the Court. The parties are directed to pay the mediator the amounts approved by the Court with Plaintiffs and Defendants paying one-half each, respectively, of the mediator's fees and costs, unless the mediator and/or the Court determines that one party has not mediated in good faith. Further the parties shall deposit the amount of $500.00 each with the mediator by no later than November 28, 2003 and these sums shall be applied as payment towards the mediator's fees and reimbursable costs. 3. All parties, principles, insurance adjusters and/or representatives with settlement authority, and their counsel, are ordered to attend all mediation sessions scheduled by the mediator. At least one such person for each party shall have full settlement authority. Such persons and principals are further ordered to participate in and prepare for the mediation in objective good faith. Such persons or principals are warned that the Court may impose sanctions, including, but not limited to, dismissal of a claim or defense, monetary sanctions, or other sanction as may be appropriate, in the same manner that a party or a lawyer might be sanctioned under Fed. R. Civ. P. 16(f) should such persons or principals fail to comply with this order in objective good faith. 4. Participation in scheduled mediation sessions by telephonic means shall not be permitted, unless pre-approved by the mediator. 5. Discovery may continue throughout mediation, or the parties may agree to delay or defer discovery. 6. Unless otherwise ordered by this Court, the mediation may only be terminated by a written notice submitted by the mediator. IT IS SO ORDERED. by Mag Judge Leslie E. Kobayashi for appointment of mediator Harry McCue to case(s) 1:02-cv-00093, 1:02-cv-00272. (cc: all counsel) (fe)
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| 195 |
Filed: 11/14/2003, Entered: 11/14/2003 |
Certificate of Service |
|
CERTIFICATE of service by plaintiff/ counter-defendant Marisco, Ltd. in 1:02-cv-00093, defendant/ third-party plaintiff Marisco Co., Ltd. in 1:02-cv-00272 (fe)
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| 196 |
Filed: 11/14/2003, Entered: 11/17/2003 |
Memorandum in Opposition to Motion |
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MEMORANDUM in opposition to Marisco, Ltd.'s motion to compel compliance with Fed.R.Civ.P.45 subpoena; affidavit of John O'Kane, Jr.; attachment 1; certificate of service [184-1] in 1:02-cv-00093, [181-1] in 1:02-cv-00272 (fe)
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| 197 |
Filed: 11/14/2003, Entered: 11/17/2003 |
Memorandum in Opposition to Motion |
|
MEMORANDUM by plaintiff Marisco, Ltd. in 1:02-cv-00093, defendant/third-party plaintiff Marisco Co., Ltd. in 1:02-cv-00272 in opposition to motion to compel responses and documents to Kiribati Seafood Co., LLC's first set of interrogatories and for production of documents to Marisco, Ltd., served on 6/13/03, for a ruling that objections have been waived, and for attorneys' fees and costs [187-1] in 1:02-cv-00093, [184-1] in 1:02-cv-00272; declaration of counsel; exhibits a-b; certificate of service (fe)
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| 198 |
Filed: 11/18/2003, Entered: 11/18/2003 |
Certificate of Service |
|
CERTIFICATE of service by plaintiff/counter-defendant Marisco, Ltd. in 1:02-cv-00093, defendant/ third-party plaintiff Marisco Co., Ltd. in 1:02-cv-00272 (fe)
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|
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| 199 |
Filed: 11/21/2003, Entered: 11/21/2003 |
Memorandum in Support of Motion |
|
Reply MEMORANDUM by defendant and counter-claimant Kiribati Seafood Co. in 1:02-cv-00093, defendant and 4th party plaintiff Kiribati Seafood in 1:02-cv-00272 in support of motion to compel responses and documents to Kiribati Seafood Co., LLC's first set of interrogatories requests for production of documents to Marisco, Ltd., served on 6/13/03, for a ruling that objections have been waived, and for attorneys' fees and costs [187-1] in 1:02-cv-00093, [184-1] in 1:02-cv-00272; certificate of service (fe)
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|
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| 200 |
Filed: 11/26/2003, Entered: 11/28/2003 |
Certificate of Service |
|
CERTIFICATE of service by plaintiff/ counter-defendant Marisco, Ltd. in 1:02-cv-00093, defendant/ third-party plaintiff Marisco Co., Ltd. in 1:02-cv-00272 (fe)
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| 201 |
Filed: 12/1/2003, Entered: 12/1/2003 |
Certificate of Service |
|
CERTIFICATE of service by plaintiff/ counter-defendant Marisco, Ltd. in 1:02-cv-00093, defendant/ third-party plaintiff Marisco Co., Ltd. in 1:02-cv-00272 (fe)
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|
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| 202 |
Filed: 12/2/2003, Entered: 12/2/2003 |
Ex Parte Motion and order |
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|
EX PARTE MOTION and Order by Mag Judge Leslie E. Kobayashi by plaintiff/ counter-defendant Marisco, Ltd. in 1:02-cv-00093, defendant /third-party plaintiff Marisco Co., Ltd. in 1:02-cv-00272 shorten time for hearing on Marisco, Ltd.'s motion to compel compliance with Marisco, Ltd.'s Fed. R.Civ.P. 34 First Request for the production of documents, compliance with Fed.R.Civ.P.26 initial disclosures or for evidentiary preclusion order, for discovery sanctions, to continue trial and/or discovery cutoff deadline and for other relaated relief ; declaration of counsel (exhibit a); Order Granting motion; certificate of service (fe)
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| 203 |
Filed: 12/2/2003, Entered: 12/2/2003, Terminated: 12/12/2003 |
Motion to Compel |
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|
NOTICE OF MOTION and motion by plaintiff/ counter-defendant Marisco, Ltd. in 1:02-cv-00093, defendant/ third-party plaintiff Marisco Co., Ltd. in 1:02-cv-00272 to compel compliance with Marisco, Ltd's Fed.R.Civ.P.34 first request for the production of documents, compliance with Fed.R.Civ.P.26 initial disclosures or for evidentiary preclusion order, for discovery sanctions, to continue trial and/or discovery cutoff deadline and for other related relief ; declaration of counsel (exhibits a-w); declaration of Dirk Von Guenthner (exhibit aa); apendix 1 set for 1:30 12/12/03 in 1:02-cv-00093, in 1:02-cv-00272 before Mag Judge Leslie E. Kobayashi (fe) Modified on 12/10/2003
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| 204 |
Filed: 12/2/2003, Entered: 12/3/2003 |
Minutes - Miscellaneous |
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|
EP : Marisco, Ltd.'s Motion to Compel Compliance with Fed.R.Cv.P. 45 Subpoena; Kiribati Seafood Co., LLC's Motion to Compel Responses and Documents to Kiribati Seafood Co. LLC's First Set of Interrogatories and Requests for Production of Documents to Marisco, Ltd. Served on June 13, 2003, For A Ruling that Objections Have Been Waived, and For Attorneys' Fees and Costs. Richard C. Wootton participated by phone. Also present, Atty John O'Kane (respondent to subpoena). Arguments heard. Court to issue entering Order. Discovery Conference held (off the record) - Parties to meet and confer re: documents. Discussion held re: depositions, appointment of discovery master, continuance of trial, etc. - re [184-1] in 1:02-cv-00093, 1:02-cv-00272, re [187-1] in 1:02-cv-00093, 1:02-cv-00272 ( Ct Rptr : FTR C7,CD17 (10:13-10:38)) JUDGE Mag Judge Leslie E. Kobayashi (fe)
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|
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| 205 |
Filed: 12/3/2003, Entered: 12/4/2003 |
Minutes - Miscellaneous |
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|
EO : Defendant/Counter-Claimant/Third-Party Defendant Kiribati Seafood Co., LLC's ("Kiribati") Motion to Compel Responses and Documents to Kiribati's First Set of Interrogatories and Requests for Production of Documents to Marisco, Ltd., Served on June 13, 2003, for a Ruling that Objections have been Waived, and for Attorneys' Fees and Costs, filed November 4, 2003, is HEREBY GRANTED in part and DENIED in part. Marisco is ordered to produce to Kiribati answers and documents responsive to the June 13, 2003 discovery request by no later than December 5, 2003 at 4:00 p.m. Further, Kiribati is granted attorneys' fees and costs in the amount of $500, to be paid to Kiribati's counsel by no later than December 12, 2003 at 4:00 p.m. The Court denies the motion to the extent that Kiribati requests that Marisco's objections be deemed waived. Plaintiff Marisco, Ltd.'s Motion to Compel Compliance with Fed. R. Civ. P. 45 Subpoena, filed October 30, 2003, is HEREBY GRANTED in part and DENIED in part. The motion is denied to the extent that Marisco requests that John O'Kane, Jr., Esq.'s objection to the subpoena be deemed untimely and waived. The motion is granted to the extent that Mr. O'Kane is ordered to produce, by no later than December 8, 2003 at 4:00 p.m., documents responsive to the subpoena or a privilege log describing any documents withheld and the basis for any claimed privilege. Further, Mr. O'Kane is directed to make a good faith search between now and December 8, 2003 and submit to Marisco an affidavit, for those documents which he is not able to locate or produce, describing the attempts made to produce the same. [187-1] in 1:02-cv-00093,, [203-1] in 1:02-cv-00093, [181-1] in 1:02-cv-00272, ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (fe)
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|
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| 206 |
Filed: 12/4/2003, Entered: 12/4/2003 |
Notice of Hearing |
|
|
Amended NOTICE by plaintiff/ counter-defendant Marisco, Ltd. in 1:02-cv-00093, defendant/ third-party plaintiff Marisco Co., Ltd. in 1:02-cv-00272 of setting hearing on motion is set for 1:30 12/12/03 before Mag Judge Leslie E. Kobayashi [203-1] in 1:02-cv-00093, [184-1] in 1:02-cv-00272, (fe)
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|
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| 207 |
Filed: 12/4/2003, Entered: 12/4/2003 |
Certificate of Service |
|
CERTIFICATE of service by plaintiff/ counter-defendant Marisco, Ltd. in 1:02-cv-00093, defendant/ third-party plaintiff Marisco Co., Ltd. in 1:02-cv-00272 (fe)
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|
|
| 208 |
Filed: 12/4/2003, Entered: 12/4/2003 |
Certificate of Service |
|
CERTIFICATE of service by plaintiff/ counter-defendant Marisco, Ltd. in 1:02-cv-00093, defendant/ third-party plaintiff Marisco Co., Ltd. in 1:02-cv-00272 (fe)
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|
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| 209 |
Filed: 12/4/2003, Entered: 12/4/2003 |
Certificate of Service |
|
CERTIFICATE of service by plaintiff/ counter-defendant Marisco, Ltd. in 1:02-cv-00093, defendant/ third-party plaintiff Marisco Co., Ltd. in 1:02-cv-00272 (fe)
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|
|
| 210 |
Filed: 12/4/2003, Entered: 12/4/2003 |
Certificate of Service |
|
CERTIFICATE of service by plaintiff/ counter-defendant Marisco, Ltd. in 1:02-cv-00093, defendant/ third-party plaintiff Marisco Co., Ltd. in 1:02-cv-00272 (fe)
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|
|
| 211 |
Filed: 12/4/2003, Entered: 12/4/2003 |
Certificate of Service |
|
CERTIFICATE of service by plaintiff/ counter-defendant Marisco, Ltd. in 1:02-cv-00093, defendant/ third-party plaintiff Marisco Co., Ltd. in 1:02-cv-00272 (fe)
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|
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| 212 |
Filed: 12/4/2003, Entered: 12/4/2003 |
Certificate of Service |
|
Amended CERTIFICATE of service by plaintiff/ counter-defendant Marisco, Ltd. in 1:02-cv-00093, defendant/ third-party plaintiff Marisco Co., Ltd. in 1:02-cv-00272 (fe)
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|
|
| 213 |
Filed: 12/9/2003, Entered: 12/10/2003 |
Certificate of Service |
|
CERTIFICATE of service by defendant/ counter-claimant Kiribati Seafood Co. in 1:02-cv-00093, defendant/ 4th party plaintiff Kiribati Seafood in 1:02-cv-00272 (fe)
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|
|
| 214 |
Filed: 12/9/2003, Entered: 12/11/2003 |
Memorandum in Opposition to Motion |
|
MEMORANDUM by defendant/ counter-claimant Kiribati Seafood Co. in 1:02-cv-00093, defendant/ 4th party plaintiff Kiribati Seafood in 1:02-cv-00272 in opposition to Marisco, Ltd's motion to compel compliance with Marisco, Ltd.'s Fed.R.Civ.P. 34 first request for the production of documents, compliance with Fed. R. Civ. P. 26 initial disclosures or for evidentiary preclusion order, for discovery sanctions, to continue trial and/or discovery cutoff deadline and for other related relief [203-1] in 1:02-cv-00093, [200-1] in 1:02-cv-00272; declaration of counsel; exhibits a-f; certificate of service (fe)
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|
|
| 215 |
Filed: 12/10/2003, Entered: 12/11/2003 |
Certificate of Service |
|
CERTIFICATE of service by plaintiff/ counter-defendant Marisco, Ltd. in 1:02-cv-00093, defendant/ third-party plaintiff Marisco Co., Ltd. in 1:02-cv-00272 (fe)
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|
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| 216 |
Filed: 12/11/2003, Entered: 12/12/2003 |
Certificate of Service |
|
CERTIFICATE of service by plaintiffi/ counter-defendant Marisco, Ltd. in 1:02-cv-00093, defendant/ third-party plaintiff Marisco Co., Ltd. in 1:02-cv-00272 (fe)
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|
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| 217 |
Filed: 12/12/2003, Entered: 12/12/2003 |
Request |
|
REQUEST by defendant/ counter-claimant Kiribati Seafood Co. in 1:02-cv-00093, defendant/ 4th party plaintiff Kiribati Seafood in 1:02-cv-00272 for Judicial notice; exhibit a; certificate of service (fe)
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|
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| 218 |
Filed: 12/12/2003, Entered: 12/12/2003 |
Description not available |
|
DECLARATION of Alfred Anawati re: by plaintiff Marisco, Ltd.'s consent to filing of plaintiff Marisco, Ltd.'s motion to compel compliance with Marisco, Ltd.'s Fed.R.Civ.P. 34 first request for the production of documents, compliance with Fed.R.Civ.P. 26 initial disclosures or for evidentiary preclusion order, for discovery sanctions, to continue trial and/or discovery cutoff deadline and for other related relief by plaintiff/ counter-defendant in 1:02-cv-00093, defendant/third-party plaintiff in 1:02-cv-00272 re [203-1] in 1:02-cv-00093, re [200-1] in 1:02-cv-00272 (fe)
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|
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| 219 |
Filed: 12/12/2003, Entered: 12/15/2003 |
Minutes - Miscellaneous |
|
|
EP :Marisco, Ltd.'s Motion to Compel Compliance with Marisco, Ltd.'s Fed.R.Civ.P. 34 First Request for the Production of Documents, Compliance with Fed.R.Civ.P. 26 Initial Disclosures or for Evidentiary Preclusion Order, For Discovery Sanctions, to Continue Trial and/or Discovery Cutoff Deadline and For Other Related Relief - Max Kelly, Michael C. Siboni and Dennis M. Moran participated by phone. Arguments heard. Motion Granted in Part and Denied in Part. Court to issue Order. [203-1] [184-1] ( Ct Rptr : FTR C7, CD17 (1:39-2:37)) JUDGE Mag Judge Leslie E. Kobayashi (fe)
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|
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| 220 |
Filed: 12/15/2003, Entered: 12/15/2003 |
Certificate of Service |
|
CERTIFICATE of service by plaintiff/ counter-defendant Marisco, Ltd. in 1:02-cv-00093, defendant/ third-party plaintiff Marisco Co., Ltd. in 1:02-cv-00272 (fe)
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|
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| 221 |
Filed: 12/16/2003, Entered: 12/17/2003 |
Ex Parte Motion and order |
|
|
EX PARTE MOTION and Order by Mag Judge Leslie E. Kobayashi by plaintiff/ counter-defendant Marisco, Ltd. in 1:02-cv-00093, defendant/ third-party plaintiff Marisco Co., Ltd. in 1:02-cv-00272 for leave to file reply to defendant/counter-claimant/third-party defendant Kiribati Seafood Co., L.L.C.'s opposition to Marisco, Ltd.'s motion to compel compliance with Marisco, Ltd.'s Fed.R.Civ.P.34 first request for the production of documents, compliance with Fed.R.Civ.P. 26 initial disclosures or for evidentiary preclusion order, for discovery santions, to continue trial and/or discovery cutoff deadline and for other related relief ; declaration of Leslie C. Maharaj in support of ex parte motion; exhibit a; order {DENIED} by Mag Judge Leslie Kobayashi (fe)
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|
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| 222 |
Filed: 12/16/2003, Entered: 12/17/2003 |
Certificate of Service |
|
CERTIFICATE of service by plaintiff/ counter-defendant Marisco, Ltd. in 1:02-cv-00093, defendant/ third-party plaintiff Marisco Co., Ltd. in 1:02-cv-00272 (fe)
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|
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| 223 |
Filed: 12/17/2003, Entered: 12/18/2003 |
Response/Reply - Miscellaneous |
|
OBJECTIONS by John O'Kane, Jr. to Marisco, Ltd.'s ex parte motion shortening time for hearing on motion for order overruling claims of privilege and for sanctions [202-1] in 1:02-cv-00093, to [199-1] in 1:02-cv-00272; certificate of service (fe)
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|
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| 224 |
Filed: 12/17/2003, Entered: 12/18/2003 |
Reply |
|
REPLY by plaintiff/counter-defendant Marisco, Ltd. in 1:02-cv-00093, defendant/third-party plaintiff Marisco Co., Ltd. in 1:02-cv-00272 to John O'Kane, Jr.'s opposition to ex parte motion shortening time for hearing of motion for order overruling claims of privilege, and for sanctions re [223-1] in 1:02-cv-00093, re [220-1] in 1:02-cv-00272; certificate of service (fe)
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|
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| 225 |
Filed: 12/18/2003, Entered: 12/18/2003 |
Certificate of Service |
|
CERTIFICATE of service by plaintiff/ counter-defendant Marisco, Ltd. in 1:02-cv-00093, defendant/ third-party plaintiff Marisco Co., Ltd. in 1:02-cv-00272 (fe)
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|
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| 226 |
Filed: 12/18/2003, Entered: 12/19/2003 |
Certificate of Service |
|
CERTIFICATE of service by plaintiff/ counter-defendant Marisco, Ltd. in 1:02-cv-00093, defendant/ third-party plaintiff Marisco Co., Ltd. in 1:02-cv-00272 (fe)
|
|
|
| -- |
Filed: 12/19/2003, Entered: 12/19/2003 |
Transcript |
|
TRANSCRIPT of Proceedings - 10/28/03 - ORIG - (Lisa Groulx) - pp 72 (fe)
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|
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| 227 |
Filed: 12/22/2003, Entered: 12/22/2003 |
Ex Parte Motion and order |
|
|
EX PARTE MOTION and Order by Mag Judge Leslie E. Kobayashi by plaintiff/ counter-defendant Marisco, Ltd. in 1:02-cv-00093, defendant/ third-party plaintiff Marisco Co., Ltd. in 1:02-cv-00272 shorten time for hearing of motion for order overruling claims of privilege, and for sanctions ; declaration of counsel (exhibit a); Order {DENIED}; certificate of service (fe)
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|
|
| 228 |
Filed: 12/22/2003, Entered: 12/22/2003, Terminated: 2/6/2004 |
Motion for Miscellaneous Relief |
|
|
NOTICE OF MOTION and motion by plaintiff/counter-defendant Marisco, Ltd. in 1:02-cv-00093, defendant/ third-party plaintiff Marisco Co., Ltd. in 1:02-cv-00272 for order overruling claims of privilege, and for sanctions ; memorandum supporting motion; declaration of counsel (exhibits a-c); certificate of service - set for 10:00 1/30/04 in 1:02-cv-00093, in 1:02-cv-00272 before Mag Judge Leslie E. Kobayashi (fe)
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|
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| 229 |
Filed: 12/22/2003, Entered: 12/22/2003 |
Ex Parte Motion and order |
|
|
EX PARTE MOTION and Order by Mag Judge Leslie E. Kobayashi by plaintiff/counter-defendant Marisco, Ltd. in 1:02-cv-00093, defendant/ third-party plaintiff Marisco Co., Ltd. in 1:02-cv-00272 shorten time for hearing on Marisco, Ltd.'s motion to compel compliance with Marisco, Ltd.'s Fed. R. Civ. P. 34 second, third, fourth, fifth and sixth request for the production of documents, et. seq. ; declaration of counsel (exhibit a); certificate of compliance; Order {DENIED}; certificate of service (fe)
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|
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| 230 |
Filed: 12/22/2003, Entered: 12/22/2003, Terminated: 12/22/2003 |
Motion to Compel |
|
|
NOTICE OF MOTION and motion by plaintiff Marisco, Ltd. in 1:02-cv-00093, counter-defendant Marisco, Ltd. in 1:02-cv-00093, defendant Marisco Co., Ltd. in 1:02-cv-00272, third-party plaintiff Marisco Co., Ltd. in 1:02-cv-00272 to compel compliance with Marisco, Ltd.'s Fed.R.Civ.P 34 second, third, fourth, fifth and sixth request for the production of documents, compliance with Fed.R.Civ.P. 26 initial disclosures or for evidentiary preclusion order, for discovery sanctions, to continue trial and/or discovery sanctions, to continue trial and/or discovery cutoff deadline and for other related relief ; memorandum in support of motion; declaration of counsel (exhibits a-g); certificate of good faith; certificate of service - set for 10:00 1/30/04 in 1:02-cv-00093, in 1:02-cv-00272 before Mag Judge Leslie E. Kobayashi (fe)
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|
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| 231 |
Filed: 12/22/2003, Entered: 12/23/2003 |
Memorandum in Opposition to Motion |
|
Frame Formby & O'Kane's MEMORANDUM in opposition to Marisco Ltd.'s motion for order overruling claims of privilege, and for sanctions [228-1] in 1:02-cv-00093, [225-1] in 1:02-cv-00272; exhibit 1; certificate of service (fe)
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| 232 |
Filed: 12/22/2003, Entered: 12/23/2003 |
Memorandum in Opposition to Motion |
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MEMORANDUM by defendant/counter-claimant Kiribati Seafood Co. in 1:02-cv-00093, defendant/4th party plaintiff Kiribati Seafood in 1:02-cv-00272 in opposition to Marisco, Ltd.'s ex parte motion to shorten time for hearing on Marisco, Ltd.'s motion to compel compliance with Marisco, Ltd.'s Fed. R. Civ. P. 34 second, third, fourth, fifth and sixth request for the production of documents, et. seq. [229-1] in 1:02-cv-00093, [226-1] in 1:02-cv-00272; certificate of service (fe)
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| 233 |
Filed: 12/22/2003, Entered: 12/23/2003 |
Minutes - Miscellaneous |
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EO : Marisco, Ltd.'s ("Marisco") Motion to Compel Compliance with Marisco, Ltd.'s Fed. R. Civ. P. 34 First Request for the Production of Documents, Compliance with Fed. R. Civ. P. 26 Initial Disclosures or for Evidentiary Preclusion Order, for Discovery Sanctions, to Continue Trial and/or Discovery Cutoff Deadline and for other Related Relief, filed December 2, 2003, is HEREBY GRANTED in part and DENIED in part. Specifically, the motion is granted as to all requests set forth in Marisco's First Request for Production, attached to the motion as Exhibit "G", with the exception of request numbers 17 and 18 which are DENIED. Defendant/Counter-Claimant/Third-Party Defendant Kiribati Seafood Co., LLC's ("Kiribati") is ordered to produce all documents responsive to the First Request for Production by no later than December 22, 2003. Alternatively, Kiribati may submit, after conducting a diligent search, a declaration verifying that all documents in their possession have been produced and for those documents which they are not able to locate or produce, describing the attempts made to produce the same. Further, if documents are being withheld on the basis of privilege, a privilege log describing the documents and the basis for any claimed privilege must be produced by the same date. The motion is DENIED as to all other requests, including Marisco's request for a discovery master. Further, with regard to a deadline for any motions to strike witnesses, the Court will give the parties until January 26, 2004, to file the same. Any opposition thereto will be due by February 5, 2004; and any reply will be filed by no later than February 9, 2004 [230-1] in 1:02-cv-00093, 1:02-cv-00272, [200-1] in 1:02-cv-00272, 1:02-cv-00093 ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (fe)
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| 234 |
Filed: 12/23/2003, Entered: 12/23/2003 |
Certificate of Service |
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CERTIFICATE of service by defendant / counter-claimant Kiribati Seafood Co. in 1:02-cv-00093, defendant/ 4th party plaintiff Kiribati Seafood in 1:02-cv-00272 (fe)
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| 235 |
Filed: 12/23/2003, Entered: 12/23/2003 |
Certificate of Service |
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CERTIFICATE of service by defendant/ counter-claimant Kiribati Seafood Co. in 1:02-cv-00093, defendant/ 4th party plaintiff Kiribati Seafood in 1:02-cv-00272 (fe)
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|
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| 236 |
Filed: 12/29/2003, Entered: 12/31/2003 |
Motion for Miscellaneous Relief |
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NOTICE OF MOTION and motion by plaintiff and counter-defendant Marisco, Ltd. in 1:02-cv-00093, defendant and third-party plaintiff Marisco Co., Ltd. in 1:02-cv-00272 for order overruling claims of privilege, and for sanctions ; certificate of service - set for 10:00 1/30/04 in 1:02-cv-00093, in 1:02-cv-00272 before Mag Judge Leslie E. Kobayashi (fe)
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| 237 |
Filed: 12/29/2003, Entered: 12/31/2003 |
Motion to Compel |
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NOTICE OF MOTION and motion by plaintiff/ counter-defendant Marisco, Ltd. in 1:02-cv-00093, defendant/ third-party plaintiff Marisco Co., Ltd. in 1:02-cv-00272 to compel compliance with Marisco, Ltd.'s Fed.R.Civ.P.34 Second, third, fourth, fifth and sixth request for the production of documents, compliance with Fed. R.Civ.P.26 Initial disclosures or for evidentiary preclusion order, for discovery sanctions, to continue trial and/or discovery cutoff deadline and for other related relief ; certificate of service - set for 10:00 1/30/04 in 1:02-cv-00093, in 1:02-cv-00272 before Mag Judge Leslie E. Kobayashi (fe)
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| 238 |
Filed: 12/31/2003, Entered: 1/2/2004, Terminated: 2/6/2004 |
Appeal of Magistrate Judge Decision to District Co |
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APPEAL FROM MAGISTRATE'S ORDER granting in part and denying in part Marisco, Ltd.'s December 22, 2003 motion to compel compliance with Marisco, Ltd.'s Fed.R.Civ.P34 first request for the production of documents, et seq [229-2] in 1:02-cv-00093, 1:02-cv-00272, [199-2] in 1:02-cv-00272, 1:02-cv-00093 by plaintiff/ counter-defendant Marisco, in 1:02-cv-00093, defendant/third-party plaintiff Marisco Co., Ltd. 1:02-cv-00272; appendix a; certificate of service (fe) Modified on 02/09/2004
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|
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| 239 |
Filed: 1/9/2004, Entered: 1/12/2004 |
Supplement |
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SUPPLEMENTAL initial disclosures by defendant/ counter-claimant Kiribati Seafood Co. in 1:02-cv-00093, defendant/ 4th party plaintiff Kiribati Seafood in 1:02-cv-00272 re [152-1] in 1:02-cv-00093, re [149-1] in 1:02-cv-00272; certificate of service (fe) Modified on 01/30/2004
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| 240 |
Filed: 1/9/2004, Entered: 1/12/2004 |
Memorandum in Opposition to Motion |
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OPPOSITION by defendant/counter-claimant/third-party defendant Kiribati Seafood Co., L.L.C.'s to Marisco, Ltd.'s statement of APPEAL of MAGISTRATE JUDGE'S December 22, 2003 ORDER granting in part and denying in part Marisco, Ltd.'s December 2, 2003 motion to compel compliance with Marisco, Ltd.'s Fed.R.Civ.P34 first request for the production of documents, et seq [229-2]; certificate of service - in [238-1] [235-1] (lmg)
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| 241 |
Filed: 1/12/2004, Entered: 1/13/2004 |
Memorandum in Opposition to Motion |
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MEMORANDUM by defendant/ counter-claimant Kiribati Seafood Co. in 1:02-cv-00093, defendant/ 4th party plaintiff Kiribati Seafood in 1:02-cv-00272 in opposition to motion to compel compliance with Marisco, Ltd.'s Fed.R.Civ.P.34 Second, third, fourth, fifth and request for the production of documents, compliance with Fed. R.Civ.P.26 Initial disclosures or for evidentiary preclusion order, for discovery sanctions, to continue and/or discovery cutoff deadline and for other related relief, and request for sanctions [237-1] in 1:02-cv-00093, [234-1] in 1:02-cv-00272; certificate of service (fe)
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|
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| 242 |
Filed: 1/12/2004, Entered: 1/13/2004 |
Memorandum in Opposition to Motion |
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MEMORANDUM by defendant/ counter-claimant Kiribati Seafood Co. in 1:02-cv-00093, defendant/ 4th party plaintiff Kiribati Seafood in 1:02-cv-00272 in opposition to motion for order overruling claims of privilege, and for sanctions [236-1] in 1:02-cv-00093, [233-1] in 1:02-cv-00272; declaration of counsel; exhibits a-b; certificate of service (fe)
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| 243 |
Filed: 1/13/2004, Entered: 1/14/2004 |
Minutes - Miscellaneous |
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EO :Continued : [Marisco, Ltd.'s Motion for Order Overruling Claims of Privilege, and For Sanctions; Marisco, Ltd.'s Motion to Compel Compliance with Marisco, Ltd.'s Fed.R.Civ.P. 34 Second, Third, Fourth, Fifth and Sixth Request for Production of Documents, Compliance with Fed.R.Civ. P. 26 Initial Disclosures or for Evidentiary Preclusion Order, for Disocvery Sanctions, to Continue Trial and/or Discovery Cutoff Deadline and for Other Relief [Consolidated with CV 02-00272DAE-LEK]] from 01/30/2004 10:00:00 AM to 02/06/2004 10:00:00 AM before LEK. [236-1] in 1:02-cv-00093, [237-1] in 1:02-cv-00093, [225-1] in 1:02-cv-00272, [227-1] 1:02-cv-00272, ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (fe)
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| 244 |
Filed: 1/13/2004, Entered: 1/14/2004 |
Minutes - Miscellaneous |
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EO :Final Pretrial Conference set for 02/03/2004 09:00:00 AM is continued to 2/6/2004 at 10:00 AM before LEK. final pretrial conference set for 10:00 2/6/04 in 1:02-cv-00093, in 1:02-cv-00272 before Mag Judge Leslie E. Kobayashi ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (fe)
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| 245 |
Filed: 1/14/2004, Entered: 1/14/2004, Terminated: 3/29/2004 |
Order |
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Court Ruling re June 14, 2003 Letter from Mr. Siboni and ORDER by Mag Judge Leslie E. Kobayashi (cc: all counsel) - Marisco is hereby ordered to return the June 14 Letter and any copies made of it to ISI, and ISI is hereby ordered to redact the June 14 letter in compliance with the Court's instructions and produce the June 14 letter to Marisco in redacted form by no later than January 21, 2004 (fe)
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| 246 |
Filed: 1/16/2004, Entered: 1/16/2004 |
Reply |
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REPLY by plaintiff/ counter-defendant Marisco, Ltd. in 1:02-cv-00093, defendant/third-party plaintiff Marisco Co., Ltd. in 1:02-cv-00272 re John O'Kane, Jr.'s opposition to Marisco, Ltd.'s motion for order overruling claims of privilege and for sanctions [242-1] in 1:02-cv-00093, re [239-1] in 1:02-cv-00272; certificate of service (fe)
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|
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| 247 |
Filed: 1/16/2004, Entered: 1/20/2004 |
Reply |
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REPLY by plaintiff/ counter-defendant Marisco, Ltd. in 1:02-cv-00093, defendant/ third-party plaintiff Marisco Co., Ltd. in 1:02-cv-00272 in Kiribati Seafood Co., LLC's opposition to Marisco, Ltd's Motion for order overruling claims of privilege, and for sanctions re [242-1] in 1:02-cv-00093, re [239-1] in 1:02-cv-00272; declaration of counsel (exhibits a-b); certificate of service (fe) Modified on 01/30/2004
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| 248 |
Filed: 1/21/2004, Entered: 1/21/2004 |
Certificate of Service |
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CERTIFICATE of service by defendant/ counter-claimant Kiribati Seafood Co. in 1:02-cv-00093, defendant/ 4th party plaintiff Kiribati Seafood in 1:02-cv-00272 (fe)
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|
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| 249 |
Filed: 1/22/2004, Entered: 1/23/2004 |
Motion for Reconsideration |
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MOTION by plaintiff/ counter-defendant Marisco, Ltd. in 1:02-cv-00093, defendant/third-party plaintiff Marisco Co., Ltd. in 1:02-cv-00272 for reconsideration of court ruling re June 14, 2003 letter from Mr. Siboni [245-1] re 02-93, [242-1] re 02-272 ; declaration of counsel; certificate of service - referred Mag Judge Leslie E. Kobayashi (fe) Modified on 01/23/2004
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|
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| 250 |
Filed: 1/23/2004, Entered: 1/23/2004 |
Supplement |
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SUPPLEMENTAL disclosures by plaintiff Internat'l Specialty in 1:02-cv-00272 re [41-1] in 1:02-cv-00093, re [36-1] in 1:02-cv-00272; proof of service (fe)
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| 366 |
Filed: 1/25/2004, Entered: 10/27/2004 |
Miscellaneous Document |
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Separate CONCISE STATEMENT of facts in support of motion for partial summary judgment on pleaded defenses and un-pleaded affirmative defenses; declaration of Emily Reber Porter; exhibits A-F; certificate of service - by defendant Kiribati Seafood Co., [364-1] in 1:02-cv-00093, [361-1] in 1:02-cv-00272 (lmg)
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|
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| 251 |
Filed: 1/26/2004, Entered: 1/26/2004, Terminated: 3/9/2004 |
Motion in Limine |
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MOTION by plaintiff Internat'l Specialty in 1:02-cv-00272 in limine - exclusion of testimony of expert Dirk Von Guenthner referred to Judge David A. Ezra (fe)
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|
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| 252 |
Filed: 1/26/2004, Entered: 1/26/2004 |
Order |
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[PROPOSED] ORDER granting plaintiff's motion in limine - to exclude testimony of expert Dirk Von Guentner by Judge David A. Ezra re [251-1] in 1:02-cv-00093, re [248-1] in 1:02-cv-00272 (fe)
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|
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| 253 |
Filed: 1/26/2004, Entered: 1/27/2004 |
Reply |
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REPLY by plaintiff/ counter-defendant Marisco, Ltd. in 1:02-cv-00093, defendant/ third-party plaintiff Marisco Co., Ltd. in 1:02-cv-00272 to Kiribati Seafood Co., LLC's opposition to motion to compel compliance with Marisco, Ltd.'s Fed. R. Civ.P. 34 Second, third, fourth, fifth and sixth request for the production of documents, et seq re [241-1] in 1:02-cv-00093, re [238-1] in 1:02-cv-00272; dseclaration of counsel (fe)
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| 254 |
Filed: 1/26/2004, Entered: 1/27/2004 |
Motion to Strike |
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NOTICE OF MOTION and motion by defendant/counter-claimant Kiribati Seafood Co. in 1:02-cv-00093, defendant/4th party plaintiff Kiribati Seafood in 1:02-cv-00272 to strike Skip Naftel as expert witness or, in the alternative, for a Rule 104(a) hearing ; memorandum in support of motion; declaration of counsel; exhibits a-e; certificate of service - set for 9:30 2/27/04 in 1:02-cv-00093, in 1:02-cv-00272 before Mag Judge Leslie E. Kobayashi (fe) Modified on 09/29/2004
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| 255 |
Filed: 1/26/2004, Entered: 1/27/2004 |
Motion for Miscellaneous Relief |
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NOTICE OF MOTION and motion by defendant/ counter-claimant Kiribati Seafood Co. in 1:02-cv-00093, defendant/ 4th party plaintiff Kiribati Seafood in 1:02-cv-00272 for order to exclude testimony of Marisco's expert Jiro John Kaneko or, in the alternative for a Rule 104(a) hearing ; memorandum in support of motion; declaration of counsel; exhibits a-b; certificate of service - set for 9:30 2/27/04 in 1:02-cv-00093, in 1:02-cv-00272 before Mag Judge Leslie E. Kobayashi (fe)
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| 256 |
Filed: 1/26/2004, Entered: 1/27/2004 |
Motion to Strike |
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NOTICE OF MOTION and motion by defendant/counter-claimant Kiribati Seafood Co. in 1:02-cv-00093, defendant/ 4th party plaintiff Kiribati Seafood in 1:02-cv-00272 to strike Dirk Von Guenthner as expert witness or, in the alternative, for a Rule 104(a) Hearing ; memorandum in support of motion; declaration of counsel; exhibits a-c; certificate of service - set for 9:30 2/27/04 in 1:02-cv-00093, in 1:02-cv-00272 before Mag Judge Leslie E. Kobayashi (fe)
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| 257 |
Filed: 1/27/2004, Entered: 1/28/2004 |
Certificate of Service |
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CERTIFICATE of service by plaintiff/ counter-defendant Marisco, Ltd. in 1:02-cv-00093, defendant/ third-party plaintiff Marisco Co., Ltd. in 1:02-cv-00272 (fe)
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| 258 |
Filed: 1/27/2004, Entered: 1/28/2004 |
Miscellaneous Document |
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PRETRIAL STATEMENT by plaintiff/ counter-defendant Marisco, Ltd. in 1:02-cv-00093, defendant/ third-party plaintiff Marisco Co., Ltd. in 1:02-cv-00272; certificate of service (fe)
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| 259 |
Filed: 1/28/2004, Entered: 1/28/2004, Terminated: 2/3/2004 |
Miscellaneous Document |
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EX PARTE MOTION by plaintiff/counter-defendant Marisco, Ltd. in 1:02-cv-00093, defendant/ third-party plaintiff Marisco Co., Ltd. in 1:02-cv-00272 for order permitting expedited discovery assistance pursuant to Local Rule 37.1(c)(1) and allowing submission of letter brief (with enclosures) exceeding five (5) pages ; declaration of counsel (exhibits a-c); certificate of service - referred to Mag Judge Leslie E. Kobayashi (fe)
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| 260 |
Filed: 1/29/2004, Entered: 1/29/2004 |
Miscellaneous Document |
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Separate PRETRIAL STATEMENT by plaintiff Internat'l Specialty in 1:02-cv-00272; proof of service (fe)
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| 261 |
Filed: 1/29/2004, Entered: 1/30/2004 |
Order |
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Clarification of court ruling re June 14, 2003 letter from Mr. Siboni and ORDER by Mag Judge Leslie E. Kobayashi re [245-1] in 1:02-cv-00093, 1:02-cv-00272 (cc: all counsel) - Marisco is hereby ordered to return the June 14 letter and any copies made of it to Kiribati Seafood and Kiribati Seafood is hereby ordered to redact the June 14 letter in compliance with the court's instructions and produce the June 14 letter to Marisco in redacted form by no later than January 21, 2004 (fe) Modified on 03/04/2005
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| 262 |
Filed: 1/30/2004, Entered: 1/30/2004 |
Joinder |
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JOINDER by plaintiff Internat'l Specialty in 1:02-cv-00272 re Kiribati Seafoods, Inc.'s motion to strike Skip Naftel as expert witness [254-1] in 1:02-cv-00093, [251-1] in 1:02-cv-00272; proof of service (fe)
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| 263 |
Filed: 1/30/2004, Entered: 1/30/2004 |
Description not available |
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DECLARATION of Dennis M. Moran by defendant/ counter-claimant Kiribati Seafood Co. in 1:02-cv-00093, defendant/ 4th party plaintiff Kiribati Seafood in response to Marisco, Ltd.'s supplement to ex parte motion for order permitting expedited discovery assistance pursuant to LR 37.1(C)(1) and allowing submission of letter brief (with enclosures) exceeding five (5) pages 1:02-cv-00272 re [259-2] in 1:02-cv-00093, re [256-2] in 1:02-cv-00272; exhibits a-b; certificate of service (fe)
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| 264 |
Filed: 1/30/2004, Entered: 1/30/2004 |
Miscellaneous Document |
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PRETRIAL STATEMENT by defendant/ counter-claimant Kiribati Seafood Co. in 1:02-cv-00093, defendant/ 4th party plaintiff Kiribati Seafood in 1:02-cv-00272; certificate of service (fe)
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| 265 |
Filed: 2/2/2004, Entered: 2/3/2004 |
Motion for Reconsideration |
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NOTICE OF MOTION and motion by defendant/counter-claimant Kiribati Seafood Co. in 1:02-cv-00093, defendant/4th party plaintiff Kiribati Seafood in 1:02-cv-00272 for reconsideration of court ruling re June 14, 2003 letter from Mr. Siboni, request for sanctions and for order holding Marisco in contempt of this court's January 14, 2004 order ; declaration of counsel; exhibits a-b; certificate of service - referred to Mag Judge Leslie E. Kobayashi (fe) Modified on 04/26/2004
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| 266 |
Filed: 2/2/2004, Entered: 2/3/2004 |
Memorandum in Opposition to Motion |
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MEMORANDUM by defendant/ counter-claimant Kiribati Seafood Co. in 1:02-cv-00093, defendant/ 4th party plaintiff Kiribati Seafood in 1:02-cv-00272 in opposition to(1) Marisco, Ltd.'s ex parte motion for order permitting expedited discovery assistance pursuant to Loca Rule 37.1(C)(1), and allowing submission of letter brief with enclosures exceeding five (5) pages; (2) Marisco, Ltd.'s supplement to ex parte motion for order permitting expedited discovery assistance pursuant to Local Rule 37.1(C)(1), and allowing submission of letter brief (with enclosures) exceeding five (5) Pages; and (3) Marisco, Ltd's second ex parte motion for order permitting expedited discovery assistance pursuant to Local Rule 37.1(C)(1), and allowing submission of letter brief (with enclosures) exceeding five (5) pages; [259-2] in 1:02-cv-00093, [256-2] in 1:02-cv-00272; declaration of counsel; certificate of service (fe)
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| 267 |
Filed: 2/3/2004, Entered: 2/4/2004 |
Reply |
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REPLY by plaintiff/ counter-defendant Marisco, Ltd. in 1:02-cv-00093, defendant/ third-party plaintiff Marisco Co., Ltd. in 1:02-cv-00272 to declaration of Dennis M. Moran in response to Marisco's ex parte motion for order permitting expedited discovery assistance pursuant to Local Rule 37.1(C)(1), and allowing submission of letter brief (with enclosures) exceeding five (5) pages re [263-1] in 1:02-cv-00093, re [260-1] in 1:02-cv-00272; certificate of service (fe)
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| 268 |
Filed: 2/3/2004, Entered: 2/4/2004 |
Certificate of Service |
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Amended CERTIFICATE of service by plaintiff/ counter-defendant Marisco, Ltd. in 1:02-cv-00093, defendant/ third-party plaintiff Marisco Co., Ltd. in 1:02-cv-00272 (fe)
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| 269 |
Filed: 2/3/2004, Entered: 2/4/2004 |
Minutes - Miscellaneous |
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EO :The Court, having reviewed Marisco, Ltd.'s ("Marisco") Motion for Order Overruling Claims of Privilege, and for Sanctions ("Motion to Overrule Privilege"), filed December 22, 2003, and Marisco's Motion to Compel Compliance with Marisco's Fed. R. Civ. P. 34 Second, Third, Fourth, Fifth and Sixth Request for the Production of Documents, Compliance with Fed. R. Civ. P. 26 Initial Disclosures or for Evidentiary Preclusion Order, for Discovery Sanctions, to Continue Trial and/or Discovery Cutoff Deadline and for other Related Relief ("Motion to Compel"), filed December 22, 2003, hereby informs the parties of its inclinations thereto. With regard to Marisco's Motion to Overrule Privilege, the Court is inclined to grant in part and deny in part the motion. Specifically, based on the inadequate privilege log submitted by John O'Kane, Jr., Esq., the Court is inclined to order that the withheld documents be produced for an in camera review; and to further order that the records from the Ninth Circuit Court of Appeals, Civil No. 01-16447, be produced for copying at Marisco's cost. With regard to Marisco's Motion to Compel, the Court is inclined to not rule on the same and to, instead, order the parties to meet and confer regarding the production of requested documents. The Court is inclined to deny the motions in all other respects. Accordingly, the parties should appear at the February 6, 2004 hearing prepared to discuss these issues and/or to direct the Court to controlling case law that either supports or contradicts these matters. The Court notes, these inclinations are intended only to help the parties prepare for oral argument and are not the Court's final decisions on these matters. Rather, the parties are encouraged to raise relevant case law and/or facts to show the Court why its inclinations are mistaken or correct. re [228-1] in 1:02-cv-00093, 1:02-cv-00272, re [230-1] in 1:02-cv-00093, 1:02-cv-00272 ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (fe)
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| 270 |
Filed: 2/3/2004, Entered: 2/4/2004, Terminated: 2/13/2004 |
Minutes - Miscellaneous |
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EO :Before the Court are Marisco, Ltd.'s ("Marisco") (1) Ex Parte Motion for Order Permitting Expedited Discovery Assistance Pursuant to Local Rule 37.1(C)(1), and Allowing Submission of Letter Brief (With Enclosures) Exceeding Five (5) Pages, filed January 28, 2004, and (2) Second Ex Parte Motion for Order Permitting Expedited Discovery Assistance Pursuant to Local Rule 37.1(C)(1), and Allowing Submission of Letter Brief (With Enclosures) Exceeding Five (5) Pages, lodged January 30, 2004. Considering the limited issues that remain pending in this matter, the timing of Marisco's motions relative to the close of discovery, and the impending trial of this matter, Marisco's Ex Parte Motions and the requests therein for discovery assistance on both an expedited basis, as well as on the "regular discovery motion" basis are HEREBY DENIED. [259-1] in 1:02-cv-00093, 1:02-cv-00272, [256-2] in 1:02-cv-00272, [259-2] in 1:02-cv-00093 ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (fe)
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| 271 |
Filed: 2/3/2004, Entered: 2/4/2004 |
Minutes - Miscellaneous |
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EO : Before the Court is Marisco, Ltd.'s ("Marisco") Motion for Reconsideration of "Court Ruling Re June 14, 2003 Letter From Mr. Siboni," filed January 22, 2004, and Kiribati Seafood, Co., L.L.C.'s ("Kiribati") opposition thereto, filed February 2, 2004. In accord with Local Rule 7.2(e), the Court finds this matter suitable for disposition without hearing. Marisco objects to the Court's ruling on the basis that it was not provided an opportunity to respond to Kiribati's letter brief, and further, points out that no analysis regarding waiver of the privilege was set forth in the ruling. The Court finds Marisco's objections inapplicable. Here, the Court did not find that a waiver of the privilege occurred, but rather, that the information, with the exception of those portions which relate to factual information, was protected based on the common interest doctrine. Marisco's motion fails to set forth sufficient facts or law to induce the Court to reverse its prior decision and is, therefore, DENIED. Further, the Court DENIES Kiribati's requests to sanction Marisco. [245-1] re 02-93, [242-1] re 02-272 [249-1] in 1:02-cv-00093, 1:02-cv-00272 ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (fe)
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| 272 |
Filed: 2/3/2004, Entered: 2/4/2004 |
Ex Parte Motion and order |
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Second EX PARTE MOTION and Order by Mag Judge Leslie E. Kobayashi by plaintiff/counter-defendant Marisco, Ltd. in 1:02-cv-00093, defendant/ third-party plaintiff Marisco Co., Ltd. in 1:02-cv-00272 for order permitting expedited discovery assistance pursuant to Local Rule 37.1(C)(1), and allowing submission of letter brief (with enclosures) exceeding five (5) pages re [259-1] in 1:02-cv-00093,, re [256-2] in 1:02-cv-00272; declaration of counsel (exhibits a-c; {Proposed} order; certificate of service (fe)
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| 273 |
Filed: 2/4/2004, Entered: 2/5/2004 |
Miscellaneous Document |
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STATEMENT of appeal by plaintiff counter-defendant Marisco, Ltd. in 1:02-cv-00093, defendant/ third-party plaintiff Marisco Co., Ltd. in 1:02-cv-00272 under LR 74.1 as to Magistrate Leslie E. Kobayashi's January 14, 2004 Court ruling re June 14, 2003 letter from Mr. Siboni, called initial ruling (2) the Magistrate Judge's February 3, 2003 denial of Marisco Ltd's January 22, 2004 motion for reconsideration of the initial and (3) the Magistrate Judge's January 29, 2004 clarification of the Court's initial ruling called clarified ruling re [265-1] in 1:02-cv-00093, [262-1] in 1:02-cv-00272; certificate of service (fe)
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| 274 |
Filed: 2/5/2004, Entered: 2/5/2004, Terminated: 9/29/2004 |
Motion to Strike |
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NOTICE OF MOTION and motion by plaintiff/ counter-defendant Marisco, Ltd. in 1:02-cv-00093, defendant/ third-party plaintiff Marisco Co., Ltd. in 1:02-cv-00272 strike Skip Naftel as expert witness or, in the alternative, for a Rule 104(a) hearing ; declaration of counsel (exhibits a-e); certificate of service - set for 9:30 2/27/04 in 1:02-cv-00093, in 1:02-cv-00272 before Mag Judge Leslie E. Kobayashi (fe)
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| 275 |
Filed: 2/5/2004, Entered: 2/6/2004 |
Memorandum in Opposition to Motion |
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MEMORANDUM by plaintiff/ counter-defendant Marisco, Ltd. in 1:02-cv-00093, defendant/ third-party plaintiff Marisco Co., Ltd. in 1:02-cv-00272 in opposition to Kiribati Seafood Co. LLC's motion for order to exclude testimony of Marisco's expert Jiro Kaneko or, in the alternative for a Rule 104(a) hearing [255-1] in 1:02-cv-00093, [252-1] in 1:02-cv-00272; declaration of counsel (exhibits a-d); certificate of service (fe)
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| 276 |
Filed: 2/5/2004, Entered: 2/6/2004 |
Memorandum in Opposition to Motion |
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MEMORANDUM by plaintiff/counter-defendant Marisco, Ltd. in 1:02-cv-00093, defendant/ third-party plaintiff Marisco Co., Ltd. in 1:02-cv-00272 in opposition toKiribati Seafood Co., LLC's motion for order excluding testimony of Marisco's expert Dirk Von Guenthner or, in the alternative, for a Rule 104(a) Hearing [256-1] in 1:02-cv-00093, [253-1] in 1:02-cv-00272 and opposition to International Specialty, Inc's motion in limine and joinder; declaration of Dirk Von Guenthner (exhibits a-g) (KSC); declaration of Dirk Von Guenthner (exhibits a-e) (ISI); declaration of counsel (exhibit 1); certificate of service (fe)
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| 277 |
Filed: 2/6/2004, Entered: 2/9/2004 |
Order |
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|
ORDER by Judge David A. Ezra affirming Magistrate Judge's December 22, 2003 order granting in part and denying in part Marisco, Ltd.'s motion to compel compliance with Marisco, Ltd.'s Fed. R. Civ.P.34 First Request for the production of documents [238-1] in 1:02-cv-00093, [235-1] in 1:02-cv-00272 (cc: all counsel) (fe)
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| 278 |
Filed: 2/6/2004, Entered: 2/9/2004 |
Minutes - Miscellaneous |
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EP : Marisco, Ltd.'s Motion for Order Overruling Claims of Privilege, and For Sanctions. Richard C. Wootton, Michael C. Siboni and Dennis Moran participated by phone. Arguments heard. Motion Granted in Part and Denied in Part. Court to prepare Order. Marisco, Ltd.'s Motion to Compel Compliance with Marisco, Ltd.'s Fed.R.Civ.P. 34 Second, Third, Fourth, Fifth and Sixth Request for Production of Documents, Compliance with Fed.R.Civ. P. 26 Initial Disclosures or for Evidentiary Preclusion Order, for Discovery Sanctions, to Continue Trial and/or Discovery Cutoff Deadline and for Other Relief. Arguments heard. Motion Granted in Part and Denied in Part. Court to prepare Order. Updated responses, etc. are due 2/13/04. Final Pretrial Conference held (off the record) - As to Civil No. 02-00093DAE-LEK: Trial days: Marisco - 1, Kiribati - 5; Witnesses: Marisco - 2, Kiribati - 12. As to Civil No. 02-00272DAE-LEK: Trial days: ISI - 2, Marisco - 4 to 5; Witnesses: ISI - 12, Marisco - 8 to 10 live, 5 to 7 by deposition. Exhibits: Kiribati - 1 to 500 series, ISI - 600 series, Marisco - 700 to 1200 series. [236-1], [237-1] in 1:02-cv-00093, [225-1] in 1:02-cv-00272, [227-1] in 1:02-cv-00272 ( Ct Rptr : FTR, C7-CD18(10:01-10:20)) JUDGE Mag Judge Leslie E. Kobayashi (fe)
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| 279 |
Filed: 2/6/2004, Entered: 2/9/2004 |
Original Signature submitted |
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SUBMISSION by defendant/counter-claimant Kiribati Seafood Co. in 1:02-cv-00093, defendant/4th party plaintiff Kiribati Seafood in 1:02-cv-00272 of original signature(s) to declaration of Dennis M. Moran in response to Marisco Ltd.'s supplement to Marisco's ex parte motion for order permitting expedited discovery assistance pursuant to Local Rule 37.1(C)(1) and allowing submission of letter brief (with enclosures) exceeding five (5) pages, filed on 1/30/04 [263-1] in 1:02-cv-00093, [260-1] in 1:02-cv-00272; certificate of service (fe)
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| 280 |
Filed: 2/6/2004, Entered: 2/10/2004 |
Minutes - Miscellaneous |
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EO : MINUTE ORDER: Having reviewed in camera documents submitted on February 6, 2004, by John O'Kane, Jr., Esq. ("O'Kane"), in connection with Marisco, Ltd.'s ("Marisco") Motion for Order Overruling Claims of Privilege, and for Sanctions ("Motion to Overrule Privilege"), filed December 22, 2003, the Court HEREBY ORDERS O'Kane to produce the documents listed below, as these documents are neither protected by the attorney-client privilege nor work product doctrine. The remainder of the documents submitted contain communications between attorney and client for the purpose of rendering legal advice and/or contain the attorney's mental impressions. Further, the protected communication and/or mental impressions are so inextricably intertwined with portions dealing with facts so as to make partial redaction under the documents meaningless. O'Kane to produce to Marisco, by no later than 4:00 p.m. on February 12, 2004, the following documents (identified by the number assigned pursuant to O'Kane's privilege log): 001 (pp. 2, 4, and 5 only) 002 003 006 007 008 (p. 1 only) 014 015 018 020 022 025 (pp. 5-8 only) 026 (p. 5 only) 029 (p. 1 only) 031 (p. 1 only) 033 (p. 1 only) 034 (p. 1 only) 035 036 039 (p. 1 only) 041 (p. 1 only) Unless page numbers are specified above, the entire numbered document shall be produced. The documents provided for the Court's in camera review shall be filed under seal. re [228-1] in 1:02-cv-00093, re [233-1] in 1:02-cv-00272, ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (fe)
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| 282 |
Filed: 2/6/2004, Entered: 2/10/2004 |
Minutes - Miscellaneous |
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EO :MINUTE ORDER: Marisco, Ltd.'s ("Marisco") Motion for Order Overruling Claims of Privilege, and for Sanctions ("Motion to Overrule Privilege"), filed December 22, 2003, and Marisco's Motion to Compel Compliance with Marisco's Fed. R. Civ. P. 34 Second, Third, Fourth, Fifth and Sixth Request for the Production of Documents, Compliance with Fed. R. Civ. P. 26 Initial Disclosures or for Evidentiary Preclusion Order, for Discovery Sanctions, to Continue Trial and/or Discovery Cutoff Deadline and for other Related Relief ("Motion to Compel"), filed December 22, 2003, having come on for hearing on February 6, 2004, are GRANTED IN PART and DENIED IN PART as follows: 1) Marisco's Motion to Overrule Privilege is granted to the extent that the Court orders the documents withheld pursuant to John O'Kane, Jr., Esq.'s privilege log be produced for in camera review, and the records from the Ninth Circuit Court of Appeals, Civil No. 01-16447, be produced for copying at Marisco's cost; the motion is denied in all other respects. 2) Marisco's Motion to Compel is granted to the extent that Kiribati is compelled to provide updated discovery responses and supplements with signed objections by February 13, 2004; the motion is denied in all other respects. [228-1] in 1:02-cv-00093, [230-1] in 1:02-cv-00093, [233-1] in 1:02-cv-00272, [234-1] in 1:02-cv-00272 ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (fe)
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|
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| 283 |
Filed: 2/9/2004, Entered: 2/10/2004 |
Supplement |
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First SUPPLEMENT to pretrial statement by plaintiff/ counter-defendant Marisco, Ltd. in 1:02-cv-00093, defendant/ third-party plaintiff Marisco Co., Ltd. in 1:02-cv-00272 re statement filed 1/27/04 [258-1] in 1:02-cv-00093 [255-1] in 1:02-cv-00272 (fe)
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| 284 |
Filed: 2/9/2004, Entered: 2/10/2004 |
Certificate of Service |
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CERTIFICATE of service by plaintiff/ counter-defendant Marisco, Ltd. in 1:02-cv-00093, defendant/ third-party plaintiff Marisco Co., Ltd. in 1:02-cv-00272 (fe)
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|
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| 285 |
Filed: 2/9/2004, Entered: 2/10/2004 |
Memorandum in Support of Motion |
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MEMORANDUM by defendant /counter-claimant Kiribati Seafood Co. in 1:02-cv-00093, defendant/ 4th party plaintiff Kiribati Seafood in 1:02-cv-00272 in support of motion for order to exclude testimony of Marisco's expert Jiro John Kaneko [255-1] in 1:02-cv-00093, [252-1] in 1:02-cv-00272; certificate of service (fe)
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|
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| 286 |
Filed: 2/9/2004, Entered: 2/10/2004 |
Memorandum in Support of Motion |
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Reply MEMORANDUM by defendant/ counter-claimant Kiribati Seafood Co. in 1:02-cv-00093, defendant/ 4th party plaintiff Kiribati Seafood in 1:02-cv-00272 in support of motion to strike Skip Naftel as expert witness or, in the alternative, for a Rule104(a) hearing [274-1] in 1:02-cv-00093, [271-1] in 1:02-cv-00272; declaration of counsel; certificate of service (fe)
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|
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| 287 |
Filed: 2/9/2004, Entered: 2/10/2004 |
Memorandum in Support of Motion |
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Reply MEMORANDUM by defendant/ counter-claimant Kiribati Seafood Co. in 1:02-cv-00093, defendant/ 4th party plaintiff Kiribati Seafood in 1:02-cv-00272 in support of motion to strike Dirk Von Guenthner as expert witness or, in the alternative, for a Rule 104(a) Hearing [256-1] in 1:02-cv-00093, [253-1] in 1:02-cv-00272; declaration of counsel; exhibit a; certificate of service (fe)
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|
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| 288 |
Filed: 2/10/2004, Entered: 2/10/2004 |
Certificate of Service |
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Amended CERTIFICATE of service by defendant/ counter-claimant Kiribati Seafood Co. in 1:02-cv-00093, defendant/ 4th party plaintiff Kiribati Seafood in 1:02-cv-00272 (fe)
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|
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| 289 |
Filed: 2/12/2004, Entered: 2/13/2004 |
Certificate of Service |
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CERTIFICATE of service by defendant/ counter-claimant Kiribati Seafood Co. in 1:02-cv-00093, defendant/ 4th party plaintiff Kiribati Seafood in 1:02-cv-00272 (fe)
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|
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| 290 |
Filed: 2/13/2004, Entered: 2/17/2004 |
Memorandum in Opposition to Motion |
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MEMORANDUM by defendant/counter-claimant Kiribati Seafood Co. in 1:02-cv-00093, defendant/4th party plaintiff Kiribati Seafood in 1:02-cv-00272 in opposition to statement of appeal of Marisco, Ltd. under LR 741 as to Magistrate Judge Leslie E. Kobayashi's January 14, 2004 "Court rulingre June 14, 2003 letter from Mr. Siboni," called initial ruling, (2) The Magistrate Judge's February 3, 2003 denial of Marisco, Ltd.'s January 22, 2004 motion for reconsideration of the initial ruling, and (3) the Magistrate Judge's January 29, 2004 clarification of the Court's initial ruling, called clarified ruling [271-1] in 1:02-cv-00093, to minutes [268-1] in 1:02-cv-00272 (fe)
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|
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| 291 |
Filed: 2/13/2004, Entered: 2/17/2004, Terminated: 3/8/2004 |
Miscellaneous Document |
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|
STATEMENT of Appeal by plaintiff/ counter-defendant Marisco, Ltd. in 1:02-cv-00093, defendant/ third-party plaintiff Marisco Co., Ltd. in 1:02-cv-00272 iof Magistrate Judge's February 3, 2004 Order denying Marisco, Ltd.'s ex parte motion for order permitting expedited discovery assistance pursuant to L.R.37.1(C)(1), and allowing letter brief (with enclosure) exceeding five pages [270-1] in 1:02-cv-00093, [267-1] in 1:02-cv-00272; (exhibit a) certificate of service - referred to Judge David Ezra (fe)
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| 292 |
Filed: 2/17/2004, Entered: 2/18/2004 |
Minutes - Miscellaneous |
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EO :Status Conference Re: Trial Date and Deadlines [Consolidated with CV 02-00272DAE-LEK] set for 02/20/2004 09:00:00 AM before LEK. Michael L. Freed to notify all parties. status conference set for 9:00 2/20/04 in 1:02-cv-00093, in 1:02-cv-00272 before Mag Judge Leslie E. Kobayashi ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (fe)
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| 293 |
Filed: 2/20/2004, Entered: 2/20/2004 |
Minutes - Miscellaneous |
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EP : Status Conference Re: Trial Deadlines held. Max Kelly and Dennis Moran participated by phone. Re: Documents re: attorney client privilege. Letter Briefing Schedule given. Atty Michael L. Freed's Letter brief is due 2/27/04. Any Responsive Letter brief is due 3/5/04. Discs and copies are to be delivered to Magistrate Judge Leslie E. Kobayashi for retention until the matter is resolved. Parties are to contact Harry McCue re: Further mediation. Letters re: status of mediation to be submitted to the Court by 2/27/04. Atty Michael L. Freed allowed 250 additional exhibits for his clients. status conference held 2/20/04 before Mag Judge Leslie E. Kobayashi ( Ct Rptr : No JUDGE Mag Judge Leslie E. Kobayashi (fe)
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| 294 |
Filed: 2/24/2004, Entered: 2/24/2004, Terminated: 3/9/2004 |
Motion in Limine |
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NOTICE OF MOTION and motion by plaintiff Internat'l Specialty in 1:02-cv-00272 in limine to exclude untimely disclosed expert report ; proof of service - set for 9:00 3/16/04 in 1:02-cv-00093, in 1:02-cv-00272 before Judge David A. Ezra (fe)
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| 295 |
Filed: 2/24/2004, Entered: 2/24/2004 |
Witness List |
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Final WITNESS list submitted by plaintiff Internat'l Specialty in 1:02-cv-00272 for trial; proof of service (fe)
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| 296 |
Filed: 2/24/2004, Entered: 2/24/2004 |
Miscellaneous Document |
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DESIGNATION of deposition testimony; certificate of service - by plaintiff/counter-defendant Marisco, Ltd. in 1:02-cv-00093, defendant/ third-party plaintiff Marisco Co., Ltd. in 1:02-cv-00272 (fe)
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| 297 |
Filed: 2/24/2004, Entered: 2/24/2004 |
Miscellaneous Document |
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DESIGNATION of deposition testimony by defendant/ counter-claimant Kiribati Seafood Co. in 1:02-cv-00093, defendant/4th party plaintiff Kiribati Seafood in 1:02-cv-00272; certificate of service (fe)
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| 298 |
Filed: 2/24/2004, Entered: 2/25/2004 |
Motion in Limine |
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NOTICE OF MOTION and motion by defendant/ counter-claimant Kiribati Seafood Co. in 1:02-cv-00093, defendant/ 4th party plaintiff Kiribati Seafood in 1:02-cv-00272 in limine to exclude the expert testimony of Marisco's expert Skip Naftel ; certificate of service - set for 9:00 3/16/04 in 1:02-cv-00093, in 1:02-cv-00272 before Judge David A. Ezra (fe)
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|
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| 299 |
Filed: 2/24/2004, Entered: 2/25/2004 |
Motion in Limine |
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NOTICE OF MOTION and motion by defendant/ counter-claimant Kiribati Seafood Co. in 1:02-cv-00093, defendant/ 4th party plaintiff Kiribati Seafood in 1:02-cv-00272 in limine to exclude the expert testimony of Marisco's expert Dirk Von Guenthner ; certificate of service - set for 9:00 3/16/04 in 1:02-cv-00093, in 1:02-cv-00272 before Judge David A. Ezra (fe)
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| 300 |
Filed: 2/24/2004, Entered: 2/25/2004 |
Motion in Limine |
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NOTICE OF MOTION and motion by defendant/ counter-claimant Kiribati Seafood Co. in 1:02-cv-00093, defendant/ 4th party plaintiff Kiribati Seafood in 1:02-cv-00272 in limine re Marisco's third-party complaint against Kiribati Seafood Co., LLC ; memorandum in support of motion; declaration of counsel; exhibits a-c; certificate of service - set for 9:00 3/16/04 in 1:02-cv-00093, in 1:02-cv-00272 before Judge David A. Ezra (fe)
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| 301 |
Filed: 2/24/2004, Entered: 2/25/2004 |
Motion in Limine |
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NOTICE OF MOTION and motion by defendant/ counter-claimant Kiribati Seafood Co. in 1:02-cv-00093, defendant/ 4th party plaintiff Kiribati Seafood in 1:02-cv-00272 in limine to exclude the expert testimony of Marisco's expert Jiro John Kaneko ; certificate of service - set for 9:00 3/16/04 in 1:02-cv-00093, in 1:02-cv-00272 before Judge David A. Ezra (fe)
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|
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| 302 |
Filed: 2/24/2004, Entered: 2/25/2004 |
Motion in Limine |
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NOTICE OF MOTION and motion by plaintiff/ counter-defendant Marisco, Ltd. in 1:02-cv-00093, defendant/ third-party plaintiff Marisco Co., Ltd. in 1:02-cv-00272 limine no. 1 for order excluding non-disclosed damages and calculations ; memorandum in support of motion; declaration of counsel (exhibits a-d); certificate of service - set for 9:00 3/16/04 in 1:02-cv-00093, in 1:02-cv-00272 before Judge David A. Ezra (fe)
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| 303 |
Filed: 2/24/2004, Entered: 2/25/2004 |
Motion in Limine |
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NOTICE OF MOTION and motion by plaintiff/ counter-defendant Marisco, Ltd. in 1:02-cv-00093, defendant/ third-party plaintiff Marisco Co., Ltd. in 1:02-cv-00272 l in limine no. 2 for order excluding untimely disclosed witnesses (Kim Marine Documentation, Inc.) ; memorandum in support of motion; declaration of counsel (exhibit a); certificate of service - set for 9:00 3/16/04 in 1:02-cv-00093, in 1:02-cv-00272 before Judge David A. Ezra (fe)
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| 304 |
Filed: 2/24/2004, Entered: 2/25/2004 |
Motion in Limine |
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NOTICE OF MOTION and motion by defendant/ counter-claimant Kiribati Seafood Co. in 1:02-cv-00093, defendant/ 4th party plaintiff Kiribati Seafood in 1:02-cv-00272 in limine on various issues ; memorandum in supporat of motion; certificate of service - set for 9:00 3/16/04 in 1:02-cv-00093, in 1:02-cv-00272 before Judge David A. Ezra (fe)
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| 305 |
Filed: 2/24/2004, Entered: 2/25/2004 |
Witness List |
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Comprehensive WITNESS list submitted by defendant/ counter-claimant Kiribati Seafood Co. in 1:02-cv-00093, defendant/ 4th party plaintiff Kiribati Seafood in 1:02-cv-00272; certificate of service (fe)
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|
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| 306 |
Filed: 2/24/2004, Entered: 2/25/2004 |
Witness List |
|
Comprehensive WITNESS list submitted by plaintiff/ counter-defendant Marisco, Ltd. in 1:02-cv-00093, defendant/ third-party plaintiff Marisco Co., Ltd. in 1:02-cv-00272; certificate of service (fe)
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| 307 |
Filed: 2/25/2004, Entered: 2/25/2004 |
Witness List |
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First amended Comprehensive WITNESS list submitted by defendant/ counter-claimant Kiribati Seafood Co. in 1:02-cv-00093, defendant/ 4th party plaintiff Kiribati Seafood in 1:02-cv-00272; certificate of service (fe)
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| 308 |
Filed: 2/26/2004, Entered: 2/26/2004, Terminated: 2/26/2004 |
Ex Parte Motion and order |
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EX PARTE MOTION and Order by Mag Judge Leslie E. Kobayashi by plaintiff/counter-defendant Marisco, Ltd. in 1:02-cv-00093, defendant/third-party plaintiff Marisco Co., Ltd. in 1:02-cv-00272 for order permitting expedited discovery assistance pursuant to Local Rule 37.1(C)(1), and allowing submission of letter brief (with enclosures) exceeding five (5) pages ; declaration of counsel (exhibit a); Order {DENIED}; certificate of service (fe)
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| 309 |
Filed: 2/26/2004, Entered: 2/26/2004 |
Original Signature submitted |
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SUBMISSION by plaintiff Internat'l Specialty in 1:02-cv-00272 of original signature(s) to final witness list for trial [295-1] in 1:02-cv-00093, to list [292-1] in 1:02-cv-00272; proof of service (fe)
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| 310 |
Filed: 2/26/2004, Entered: 2/27/2004 |
Minutes - Miscellaneous |
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EO : Before the Court are Kiribati Seafood Co., L.L.C.'s ("Kiribati") Motion to Strike Skip Naftel as Expert Witness or, in the Alternative, for a Rule 104(a) Hearing ("Motion to Strike Naftel"), filed January 26, 2004; Kiribati's Motion to Strike Dirk Von Guenthner as Expert Witness or, in the Alternative, for a Rule 104(a) Hearing ("Motion to Strike Von Guenthner"), filed January 26, 2004; and Kiribati's Motion for Order Excluding Testimony of Marisco's Expert Jiro John Kaneko or, in the Alternative for a Rule 104(a) Hearing ("Motion to Exclude Kaneko's Testimony"), filed January 26, 2004. Kiribati's motions raise admissibility issues regarding expert witnesses that are governed by Rule 26(a)(2) of the Federal Rules of Civil Procedure, and the standards set forth in Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579 (1993) and Kumho Tire Co., Ltd. v. Carmichael, 526 U.S. 137 (1999). Rule 26(a)(2) provides that disclosure of an expert witness shall be accompanied by a written report, which meets certain stated requirements, and must be made in accordance with deadlines established by the court. For example, "[t]he report shall contain a complete statement of all opinions to be expressed and the basis and reasons therefor; the data or other information considered . . . ; any exhibits to be used . . . ; [and] the qualifications of the witness[.]" Moreover, under Daubert and Kumho, the court is charged with the responsibility of ensuring that any and all expert testimony presented in court is not only relevant, but reliable. Specifically, expert opinion is only admissible if the expert has appropriate qualifications, and the opinion is based upon "scientific, technical or other specialized knowledge," and will "assist the trier of facts." Daubert, 509 U.S. at 589, 591 (quoting Fed. R. Evid. 702) (emphasis and internal quotation marks omitted). Consequently, unsupported speculation by experts and/or the expression of subjective beliefs are not permitted. See Guidroz-Brault v. Mo. Pac. R.R. Co., 254 F.3d 825, 829 (9th Cir. 2001). Having reviewed Kiribati's motions, as well as the supporting and opposing, and based on the standards set forth above, the Court hereby informs the parties of its inclinations as follows: 1) Motion to Strike Naftel: The Court is inclined to grant in part and deny in part Kiribati's motion. Specifically, the Court is inclined to grant the motion to the extent that paragraphs 2, 3, 4, 6 and 7 of Naftel's expert report be stricken on the basis that these paragraphs fail to meet the requirements of Rule 26(a), as well as the Daubert and Kumho standards. Further, the Court notes Naftel may not testify as to any opinions not disclosed in his report nor may he testify regarding any exhibits not produced, which support his opinion. The Court is inclined to deny Kiribati's motion in all other respects. 2) Motion to Strike Von Guenthner: The Court is inclined to find that Von Guenthner is not qualified as an expert under the stated standards and to grant Kiribati's motion on that basis. 3) Motion to Exclude Kaneko Testimony: Based on Kaneko's credentials and general experience, the Court is inclined to grant in part and deny in part Kiribati's motion to the extent that Kaneko be qualified as an expert to offer only a limited opinion in this case. Specifically, the Court is inclined to find that Kaneko is qualified to offer opinions related only to his practical and personal experience. For example, Kaneko would be allowed to opine as to the Hawaii seafood market and the market predictability. Opinions beyond his personal expertise, however, would not be allowed. The Court notes, these inclinations are intended only to help the parties prepare for oral argument and are not the Court's final decisions in these matters. Rather, the parties are encouraged to raise relevant case law and/or facts to show the Court why its inclinations are mistaken or correct. - re [254-1] in 1:02-cv-00093, 1:02-cv-00272, re [256-1] in 1:02-cv-00093, 1:02-cv-00272, re [255-1] in 1:02-cv-00093, 1:02-cv-00272re [254-1] in 1:02-cv-00093,, [256-1] in 1:02-cv-00093,, re [255-1] in 1:02-cv-00093, ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (fe)
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|
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| 311 |
Filed: 2/26/2004, Entered: 2/27/2004 |
Supplement |
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SUPPLEMENTAL memorandum in opposition to Kiribati Seafood Co., LLC's motion for order excluding testimony of Marisco's expert Jiro John Kaneko or, in the alternative, for a Rule 104(a) hearing by plaintiff/ counter-defendant Marisco, Ltd. in 1:02-cv-00093, defendant /third-party plaintiff Marisco Co., Ltd. in 1:02-cv-00272 re [275-1] in 1:02-cv-00093, re [272-1] in 1:02-cv-00272; declaration of counsel (exhibit a); certificate of service (fe)
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| 312 |
Filed: 2/27/2004, Entered: 2/27/2004 |
Miscellaneous Document |
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Counter DESIGNATION of deposition testimony by plaintiff/ counter-defendant Marisco, Ltd. in 1:02-cv-00093, defendant /third-party plaintiff Marisco Co., Ltd. in 1:02-cv-00272; certificate of service (fe)
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| 313 |
Filed: 2/27/2004, Entered: 3/1/2004 |
Minutes - Miscellaneous |
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EP : Kiribati Seafood Company's Motion to Strike Skip Naftel as Expert Witness or, in the Alternative, for a Rule 104(a) Hearing; Kiribati Seafood Company's Motion to Strike Dirk Von Guenther as Expert Witness or, in the Alternative, for a Rule 104(a) Hearing; Kiribati Seafood Company, LLC's Motion for Order Excluding Testimony of Marisco's Expert Jiro John Kaneko or, in the Alternative, for a Rule 104(a) Hearing; International Specialty, Inc.'s Joinder in Kiribati Seafoods, Inc.'s Motion to Strike Skip Naftel as Expert Witness or, in the Alternative, for a Rule 104(a) Hearing; Max Kelley and Suzanne Green participated by phone. Arguments heard. Motion taken under Advisement. Court to issue Order. EO: Letter from Judge McCue confirming mediation is due 3/5/04. [254-1] in 1:02-cv-00093, 1:02-cv-00272, [256-1] in 1:02-cv-00093, 1:02-cv-00272, [255-1] in 1:02-cv-00093, 1:02-cv-00272 [253-1] in 1:02-cv-00272, [252-1] in 1:02-cv-00272, [251-1] in 1:02-cv-00272, ( Ct Rptr : FTR C7 CD19 (9:37-10:19)) JUDGE Mag Judge Leslie E. Kobayashi (fe)
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| 314 |
Filed: 3/1/2004, Entered: 3/2/2004 |
Stipulation and Order |
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STIPULATION regarding protected documents and ORDER by Mag Judge Leslie E. Kobayashi : re [293-1] in 1:02-cv-00093, re [290-2] in 1:02-cv-00272, (fe)
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| 315 |
Filed: 3/2/2004, Entered: 3/3/2004 |
Original Signature submitted |
|
Notice of filing of by plaintiff/counter-defendant Marisco, Ltd. in 1:02-cv-00093, defendant/third-party plaintiff Marisco Co., Ltd. in 1:02-cv-00272 of original signature(s) of Max Kelley [314-1] in 1:02-cv-00093, [311-1] in 1:02-cv-00272; attachment a; certificate of service (fe)
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| 316 |
Filed: 3/5/2004, Entered: 3/8/2004 |
Minutes - Miscellaneous |
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EO :Non Jury Trial Plaintiff's Motion in Limine to Exclude Untimely Disclosed Expert Report, Dirk von Guenthner Kiribati Seafood Company, LLC's Motion in Limine to Exclude the Expert Testimony of Marisco's Expert Jiro John Kaneko Motion in Limine re Marisco's Third-Party Complaint Against Kiribati Seafood Co., L..L.C. Kiribati Seafood Company, LLC's Motion in Limine to Exclude the Expert Testimony of Marisco's Expert Skip Naftel Kiribati Seafood Company, LLC's Motion in Limine to Exclude the Expert Testimony of Marisco's Expert Dirk Von Guenthner Defendant/Counterclaimant./ Third-Party Defendant Kiribati Seafood Company, LLC's Motion in Limine on Various Issues Plaintiff Marisco, Ltd.'s Motion in Limine No. 1 for Order Excluding Non-disclosed Damages and Calculations Plaintiff Marisco, Ltd.'s Motion in Limine No. 2 for Order Excluding Untimely Disclosed Witnesses ("Kim Marine Documentation, Inc.") These matters have been continued from 03/16/2004 09:05:00 AM to 10/05/2004 09:05:00 AM before DAE [294-1] in 1:02-cv-00093, 1:02-cv-00272 [304-1] in 1:02-cv-00093, 1:02-cv-00272 [303-1] in 1:02-cv-00093, 1:02-cv-00272 [302-1] in 1:02-cv-00093, 1:02-cv-00272 [301-1] in 1:02-cv-00093, 1:02-cv-00272 [300-1] in 1:02-cv-00093, 1:02-cv-00272 [299-1] in 1:02-cv-00093, 1:02-cv-00272 [298-1] in 1:02-cv-00093, 1:02-cv-00272 [294-1] in 1:02-cv-00093, 1:02-cv-00272, [304-1] in 1:02-cv-00093, in 1:02-cv-00272 [303-1] 1:02-cv-00093, in 1:02-cv-00272, [302-1] in 1:02-cv-00093, in 1:02-cv-00272, [301-1] in 1:02-cv-00093, [300-1] in 1:02-cv-00093, [299-1] in 1:02-cv-00093, [298-1] Trial set for 9:05 10/5/04 in 1:02-cv-00093, in 1:02-cv-00272 before Judge David A. ( Ct Rptr : ) JUDGE Judge David A. Ezra (fe)
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| 317 |
Filed: 3/8/2004, Entered: 3/9/2004 |
Minutes - Miscellaneous |
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EO : Pursuant to Judge David Alan Ezra's continuance of the Non Jury Trial to 9:00 10/5/04, all pending trial deadlines are hereby suspended. A minute order indicating the new near trial deadlines will be issued at a later date. Cc: all counsel Trial suspended ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (fe)
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| 318 |
Filed: 3/8/2004, Entered: 3/9/2004 |
Memorandum in Opposition to Motion |
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MEMORANDUM by defendant/ counter-claimant Kiribati Seafood Co. in 1:02-cv-00093, third-party defendant/4th party plaintiff Kiribati Seafood in 1:02-cv-00272 in opposition to statement of appeal of Magistrate Judge's February 3, 2004 Order denying Marisco, Ltd.'s ex parte motion for order permitting expedited discovery assistance pursuant to L.R. 37.1(C)(1), and allowing letter brief (with enclosure) exceeding five pages, filed February 13, 2004 [291-1] in 1:02-cv-00093, [288-1] in 1:02-cv-00272; declaration of counsel; exhibits a-b; certificate of service (fe)
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| 319 |
Filed: 3/9/2004, Entered: 3/10/2004 |
Minutes - Miscellaneous |
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EO :MINUTE ORDER: Plaintiff's Motion in Limine to Exclude Untimely Disclosed Expert Report, Dirk von Guenthner; Kiribati Seafood Company, LLC's Motion in Limine to Exclude the Expert Testimony of Marisco's Expert Jiro John Kaneko; Motion in Limine re Marisco's Third-Party Complaint Against Kiribati Seafood Co., L..L.C.; Kiribati Seafood Company, LLC's Motion in Limine to Exclude the Expert Testimony of Marisco's Expert Skip Naftel; Kiribati Seafood Company, LLC's Motion in Limine to Exclude the Expert Testimony of Marisco's Expert Dirk Von Guenthner; Defendant/Counterclaimant./ Third-Party Defendant Kiribati Seafood Company, LLC's Motion in Limine on Various Issues; Plaintiff Marisco, Ltd.'s Motion in Limine No. 1 for Order Excluding Non-disclosed Damages and Calculations; Plaintiff Marisco, Ltd.'s Motion in Limine No. 2 for Order Excluding Untimely Disclosed Witnesses ("Kim Marine Documentation, Inc."); which are currently set for hearing at 9:00 10/5/04, DAE are Vacated. All of the above named Motions in Limine are deemed withdrawn and terminated. All motions in limine are to be re-filed in their entirety in accordance with the Amended Rule 16 Scheduling Order to be issued. [294-1] in 1:02-cv-00093, 1:02-cv-00272, [304-1] in 1:02-cv-00093, 1:02-cv-00272, [303-1] in 1:02-cv-00093, 1:02-cv-00272, [302-1] in 1:02-cv-00093, 1:02-cv-00272, [301-1] in 1:02-cv-00093, 1:02-cv-00272, [300-1] in 1:02-cv-00093, 1:02-cv-00272, [299-1] in 1:02-cv-00093, 1:02-cv-00272, [298-1] in 1:02-cv-00093, 1:02-cv-00272 ( Ct Rptr : ) JUDGE Judge A. Ezra (fe)
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| 320 |
Filed: 3/9/2004, Entered: 3/10/2004 |
Minutes - Miscellaneous |
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EO :Pursuant to Judge David Alan Ezra's continuance of the Non Jury Trial to 9:00 10/5/04, the following near trial deadlines are hereby re-issued. Amended Rule 16 Scheduling Order to be issued. 1. Non-jury trial on October 5, 2004 at 9:00 a.m. before DAE 2. Final Pretrial Conference N/A 3. Final Pretrial Conference before District Judge N/A 4. Final Pretrial Statement by N/A 5. File motions to Join/Add Parties/Amend Pleadings by N/A 6. File other Non-Dispositive Motions by N/A 7. File Dispositive Motions by N/A 8a. File Motions in Limine by September 14, 2004 8b. File opposition memo to a Motion in Limine by September 21, 2004 11a. Plaintiff's Expert Witness Disclosures by N/A 11b. Defendant's Expert Witness Disclosures by N/A 12. Discovery deadline N/A 13. Settlement Conference set for on call 14. Settlement Conference statements by N/A 20. Submit Voir Dire Questions, Special Verdict Form, Concise Statement of Case and Jury Instructions by N/A 21. File Final witness list by September 14, 2004 24. Exchange Exhibit and Demonstrative aids by September 7, 2004 25. Stipulations re: Authenticity/Admissibility of Proposed Exhibits by September 14, 2004 26. File objections to the Exhibits by September 21, 2004 28a. File Deposition Excerpt Designations by September 14, 2004 28b. File Deposition Counter Designations and Objections by September 21, 2004 29. File Trial Brief by September 21, 2004 30. File Findings of Fact & Conclusions of Law by September 21, 2004 Other Matters: A copy of the Amended Rule 16 Scheduling Order mailed to all parties. Trial set for 9:00 10/5/04 in 1:02-cv-00093, in 1:02-cv-00272 before Judge David A. Ezra , rial deadline to be re-issued ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (fe)
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| 321 |
Filed: 3/9/2004, Entered: 3/10/2004 |
Scheduling Order |
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Amended Rule 16 SCHEDULING ORDER Mag Judge Leslie E. Kobayashi (cc: all counsel) (fe)
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| 322 |
Filed: 3/18/2004, Entered: 3/22/2004 |
Minutes - Miscellaneous |
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EO :: Kiribati Seafood Co.'s Motion to Dismiss International Specialty Inc. as authorized agents for National Casualty Co.'s claim against Marisco, Ltd. for failure to name the real party in interest. Kiribati Seafood Co.'s Motion to Dismiss International Specialty Inc. as authorized agents for National Casualty Co.'s claim against Marisco, Ltd. for failure to name the real party in interest-WITHDRAWN. [150-1] in 1:02-cv-00093, [147-1] in 1:02-cv-00272 ( Ct Rptr : ) JUDGE Judge David A. Ezra (fe)
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| 323 |
Filed: 3/29/2004, Entered: 3/30/2004 |
Order |
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ORDER affirming Magistrate Judge's February 3, 2004 Order denying Marisco, Ltd.'s ex parte motion for order permitting expedited discovery assistance pursuant to LR 37.1(C)(1), and allowing letter brief (with enclosure) exceeding five pages by Judge David A. Ezra re [270-1] in 1:02-cv-00093, re [267-1] in 1:02-cv-00272 (cc: all counsel) (fe)
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| 324 |
Filed: 3/29/2004, Entered: 3/30/2004 |
Order |
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ORDER affirming Magistrate Judge's (1) January 14, 2004 court ruling re June 14, 2003 letter from Mr. Siboni; (2) February 3, 2004 denial of Marisco, Ltd.'s motion for reconsideration of court ruling re June 14, 2003 letter from Mr. Siboni; and (3) January 29, 2004 clarification of court ruling re June 14, 2003 letter from Mr. Siboni by Judge David A. Ezra [245-1] in 1:02-cv-00093, [242-1] in 1:02-cv-00272 (cc: all counsel) (fe)
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| 325 |
Filed: 4/13/2004, Entered: 4/15/2004 |
Motion for Miscellaneous Relief |
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NOTICE OF MOTION and motion by Kiribati Seafood Co., LLC to disqualify Michael L. Freed & Associates, Attorneys at Law, from representing Marisco, Ltd. in this and related cases ; memorandum in support of motion; declaration of Dennis M. Moran; exhibits A-B; certificate of service - set for 9:30 5/18/04 in 1:02-cv-00093, in 1:02-cv-00272 before Mag Judge Leslie E. Kobayashi (afc)
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|
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| 326 |
Filed: 4/30/2004, Entered: 5/3/2004 |
Memorandum in Opposition to Motion |
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Marisco, LTD's MEMORANDUM in opposition to motion to disqualify Michael L. Freed & Associates [325-1] in 1:02-cv-00093, [322-1] in 1:02-cv-00272; Declaration of Counsel (Exhibits A-K); Declaration of Dirk Von Guenthner; Certificate of Service (gs)
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| 327 |
Filed: 5/3/2004, Entered: 5/3/2004 |
Minutes - Miscellaneous |
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EO: Kiribati Seafood Co., LLC's Motion to Disqualify Michael L. Freed and Associates from Representing Marisco Ltd., from this all related Actions set for 5/18/04 9:30 a.m. before LEK is VACATED; Court will be considering Kiribati Seafood Co. LLC's Motion as a Non-hearing Motion; Court to issue order [325-1] in 1:02-cv-00093, 1:02-cv-00272 by Mag Judge Leslie E. Kobayashi (gs)
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|
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| 328 |
Filed: 5/5/2004, Entered: 5/6/2004 |
Miscellaneous Document |
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Notice of WITHDRAWAL OF Kiribati Seafood Co., LLC's MOTION to Disqualify Michael L. Freed & Associates, Attorneys at Law, From Representing Marisco, LTD. In This and Related Cases; Certificate of Service in 1:02-cv-00093, 1:02-cv-00272 (gs)
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| -- |
Filed: 7/20/2004, Entered: 7/21/2004 |
Filing Fee Received |
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FILING FEE PAID in the amount of $ 225.00, receipt # 224144 in re Pro Hac Vice - John R. Fitzgerald (gs)
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| -- |
Filed: 7/26/2004, Entered: 7/26/2004 |
Filing Fee Received |
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FILING FEE PAID in the amount of $ 225.00, receipt # 224215 in re Pro Hac Vice - Michael McAlpine (gs)
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| -- |
Filed: 8/5/2004, Entered: 8/9/2004 |
Filing Fee Received |
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FILING FEE PAID in the amount of $ 225.00, receipt # 224427 - as to John R. Fitzgerald, Pro Hac Vice (gs)
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| -- |
Filed: 8/5/2004, Entered: 8/9/2004 |
Filing Fee Received |
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FILING FEE PAID in the amount of $ 225.00, receipt # 224426, as to Michael McAlpine, Pro Hac Vice (gs)
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| 329 |
Filed: 8/6/2004, Entered: 8/9/2004 |
Order |
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|
Motion for Leave to Enroll Pro-Hac Vice Co-Counsel for Marisco, LTD.; Affidavit of Michael L. McAlpine in Support of Motion for Leave to Enroll as Counsel for Marisco, LTD.; Affidavit of John R. Fitzgerald in Support of Motion for leave to enroll as Co-counsel for Marisco, LTD.; ORDER by Mag Judge Leslie E. Kobayashi Granting Motion for Leave to Enroll Pro-Hac Vice as Co-Counsel for Marisco, LTD.; Certificate of Service for attorney Michael McAlpine, John Fitzger to appear pro hac vice , (gs)
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| 330 |
Filed: 8/30/2004, Entered: 8/31/2004 |
Minutes - Miscellaneous |
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EO : Partial Settlement on the Record [Consolidated with CV 02-00272DAE-LEK] set for 08/31/2004 09:30:00 AM before LEK. Michael L. Freed to notify all parties ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (eps)
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| 331 |
Filed: 9/1/2004, Entered: 9/2/2004 |
Minutes - Miscellaneous |
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EO : Partial Settlement on the Record set for 9:30 9/3/04 is continued to 11:00 9/13/04 before Magistrate Judge Leslie E. Kobayashi. Cc: all counsel in 1:02-cv-00093, in 1:02-cv-00272 ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (eps)
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| 334 |
Filed: 9/1/2004, Entered: 9/2/2004 |
Ex Parte Motion and order |
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EX PARTE MOTION for shortening of time for hearing of Marisco's motion for leave to supplement reply to counterclaim; declaration of counsel in support of motion; and PROPOSED Order; certificate of service - referred to Judge David A. Ezra on behalf of plaintiff Marisco, Ltd. in 1:02-cv-00093, in 1:02-cv-00272 (eps) Modified on 09/02/2004
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| 335 |
Filed: 9/1/2004, Entered: 9/2/2004 |
Ex Parte Motion and order |
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EX PARTE MOTION for shortening of time for hearing of Marisco's motion to modify dispositive motions deadline to file summary judgment motion and to modify scheduling order to permit motion to supplement reply to counterclaim; declaration of counsel in support of motion; and PROPOSED Order; certificate of service - referred to Judge David A. Ezra on behalf of plaintiff Marisco, Ltd. in 1:02-cv-00093, in 1:02-cv-00272 (eps) Modified on 09/02/2004
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|
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| 336 |
Filed: 9/1/2004, Entered: 9/2/2004, Terminated: 9/1/2004 |
Ex Parte Motion and order |
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EX PARTE MOTION for shortening of time for hearing of Marisco's motion for summary judgment; declaration of counsel in support of motion and PROPOSED Order; certificate of service -referred to Judge David A. Ezra on behalf of plaintiff Marisco, Ltd. in 1:02-cv-00093, in 1:02-cv-00272 (eps) Modified on 09/02/2004
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| 337 |
Filed: 9/1/2004, Entered: 9/2/2004, Terminated: 10/6/2004 |
Motion for Miscellaneous Relief |
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NOTICE OF MOTION and motion by plaintiff Marisco, Ltd. in 1:02-cv-00093, third-party plaintiff Marisco Co., Ltd. in 1:02-cv-00272 to modify dispositive motions deadline to file summary judgment motion and to modify scheduling order to permit motion to supplement reply to counterclaim ; memorandum in support of motion; declaration of counsel in support of motion; certificate of service - set for 10:00 10/5/04 in 1:02-cv-00093, in 1:02-cv-00272 before Mag Judge Leslie E. Kobayashi (eps)
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|
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| 338 |
Filed: 9/1/2004, Entered: 9/2/2004 |
Motion for Miscellaneous Relief |
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NOTICE OF MOTION and motion by plaintiff Marisco, Ltd. in 1:02-cv-00093, third-party plaintiff Marisco Co., Ltd. in 1:02-cv-00272 for leave to supplement reply to counterclaim ; memorandum in support of motion; declaration of counsel (exhibit a & b); certificate of service - set for 10:00 10/5/04 in 1:02-cv-00093, in 1:02-cv-00272 before Mag Judge Leslie E. Kobayashi (eps)
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| 339 |
Filed: 9/1/2004, Entered: 9/2/2004 |
Order |
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ORDER granting in part and denying in part Marisco Ltd's ex parte motion for shortening of time for hearing of Marisco's motion for summary judgment; ORDER granting in part and denying in part Marisco Ltd ex parte motion for shortening of time for hearing of Marisco's motion to modify dispositive motions deadline to file summary judgment motion and to modify scheduling order to permit motion to supplement reply to counterclaim, and ORDER denying Marisco Ltd ex parte motion for shortening of time for hearing of Marisco's motion for leave to supplement reply to counterclaim by Judge David A. Ezra [336-1] [335-1] [334-1] 1:02-cv-00093, 1:02-cv-00272 (cc: all counsel, WN) (eps)
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|
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| 332 |
Filed: 9/2/2004, Entered: 9/2/2004, Terminated: 9/16/2004 |
Motion for Miscellaneous Relief |
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NOTICE OF MOTION and motion by defendant Kiribati Seafood Co. in 1:02-cv-00093, counter-claimant Kiribati Seafood Co. in 1:02-cv-00093, third-party defendant Kiribati Seafood in 1:02-cv-00272 to enforce settlement ; memorandum in support of motion; declaration of counsel; exhibit a; certificate of service - set for 11:00 9/13/04 in 1:02-cv-00093, in 1:02-cv-00272 before Mag Judge Leslie E. Kobayashi (eps)
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|
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| 333 |
Filed: 9/2/2004, Entered: 9/2/2004 |
Ex Parte Motion and order |
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EX PARTE MOTION to shorten time for hearing on Kiribati Seafood Co LLCs motion to enforce settlement; declaration of counsel; and Order; certificate of service - by Mag Judge Leslie E. Kobayashi on behalf of defendant Kiribati Seafood Co. in 1:02-cv-00093, counter-claimant Kiribati Seafood Co. in 1:02-cv-00093, third-party defendant Kiribati Seafood in 1:02-cv-00272 re [332-1] in 1:02-cv-00093, 1:02-cv-00272 (eps) Modified on 09/02/2004
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|
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| 340 |
Filed: 9/3/2004, Entered: 9/7/2004 |
Motion for Miscellaneous Relief |
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|
NOTICE OF MOTION; Marisco, Ltd.'s motion in 1:02-cv-00093, in 1:02-cv-00272 for leave to supplement reply to counterclaim ; memorandum in support of motion; declaration of counsel (exhibit A&B); certificate of service - referred [non-hearing motion] to Mag Judge Leslie E. Kobayashi (lmg)
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|
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| 341 |
Filed: 9/3/2004, Entered: 9/7/2004, Terminated: 9/13/2004 |
Motion for Reconsideration |
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NOTICE OF NON-HEARING MOTION; Kiribati Seafood Co., LLC's in 1:02-cv-00093, in 1:02-cv-00272 for reconsideration of order granting in part and denying in part Marisco, Ltd.'s ex parte motion for shortening of time for hearing of Marisco's motion for summary judgment; order granting in part and denying in part Marisco, Ltd.'s ex parte motion for shortening of Marisco's motion to modify dispositive motions deadline to file summary judgment motion and to modify scheduling order to permit motion to supplement reply to counterclaim, and order denying Marisco, Ltd.'s ex parte motion for shortening of time for hearing of Marisco's motion for leave to supplement reply to counterclaim, filed September 1, 2004 ; memorandum in support of motion; declaration of Dennis M. Moran; certificate of service before Judge David A. Ezra (lmg)
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|
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| 342 |
Filed: 9/7/2004, Entered: 9/8/2004 |
Memorandum in Opposition to Motion |
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Marisco, Ltd.'s MEMORANDUM in 1:02-cv-00093, in 1:02-cv-00272 IN OPPOSITION to Kiribati Seafood Co., LLC's to enforce settlement; declaration of counsel (exhibit 1); declaration of Alfred Anawati; certificate of service [332-1] [329-1] (lmg)
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| 343 |
Filed: 9/9/2004, Entered: 9/10/2004 |
Miscellaneous Document |
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SUBMISSION of original signature of Alfred Anawati re: Marisco, Ltd.'s memorandum in opposition to Kiribati Seafood Co., LLC's motion to enforce settlement; certificate of service - by plaintiff in 1:02-cv-00093, in 1:02-cv-00272 [342-1] [339-1] (lmg)
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| 344 |
Filed: 9/10/2004, Entered: 9/13/2004 |
Miscellaneous Document |
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Submission of ORIGINAL SIGNATURE PAGE of Dennis M. Moran re Kiribati's motion to enforce settlement (filed September 2, 2004); certificate of service in 1:02-cv-00093, in 1:02-cv-00272 [332-1] [329-1] (lmg)
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| 345 |
Filed: 9/10/2004, Entered: 9/13/2004 |
Memorandum in Support of Motion |
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Kiribati Seafood Co., LLC's reply MEMORANDUM in support of motion to enforce settlement; declaration of Dennis M. Moran; exhibits A-G; certificate of service [332-1] [329-1] (lmg)
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|
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| 346 |
Filed: 9/13/2004, Entered: 9/14/2004 |
Memorandum in Opposition to Motion |
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Marisco, Ltd.'s MEMORANDUM IN OPPOSITION to Kiribati Seafood Co., LLC's motion for reconsideration of order granting in part and denying in part Marisco, Ltd.'s ex parte motion for shortening of time for hearing of Marisco's motion for summary judgment; order granting in part and denying in part Marisco, Ltd.'s ex parte motion for shortening of Marisco's motion to modify dispositive motions deadline to file summary judgment and to modify scheduling order to permit motion to supplement reply to counterclaim, and order denying Ltd.'s ex parte motion for shortening of time for hearing Marisco's motion for leave to supplement reply to counterclaim, filed September 1, 2004; declaration of counsel (exhibits A-B); certificate of service [341-1] in 1:02-cv-00093 [338-1] in 1:02-cv-00272 (lmg)
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| 347 |
Filed: 9/13/2004, Entered: 9/16/2004 |
Minutes - Miscellaneous |
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EP : ;Further settlement conference held ( Ct Rptr : Courtroom 7-no record) JUDGE Mag Judge Leslie E. Kobayashi (lmg)
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|
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| 348 |
Filed: 9/13/2004, Entered: 9/16/2004 |
Minutes - Miscellaneous |
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EP : Kiribati Seafood Co., LLC's Motion to Enforce Settlement; Partial Settlement on the Record - Richard C. Wootton participated by phone. Partial Settlement on the Record is Moot. Arguments heard. Kiribati Seafood Co., LLC's Motion to Enforce Settlement is taken under Advisement by the Court. Further Settlement Conference set for 1:30 9/13/04, LEK taking under advisement on the motion to enforce settlement [332-1] in 1:02-cv-00093, 1:02-cv-00272 ;further settlement conference set for 1:30 9/13/04 in 1:02-cv-00093, in 1:02-cv-00272 before Mag Judge Leslie E. Kobayashi ( Ct Rptr : FTR Courtroom 7 -CD 22 11:07-11:37) JUDGE Mag Judge Leslie E. Kobayashi (lmg)
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| 349 |
Filed: 9/15/2004, Entered: 9/17/2004 |
Memorandum in Opposition to Motion |
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MEMORANDUM by defendant Kiribati Seafood Co. in 1:02-cv-00093,in 1:02-cv-00272 in opposition to Marisco, Ltd.'s motion to modify dispositive motions deadline to file summary judgment motion and to modify scheduling order to permit motion to supplement to counterclaim [337-1] in 1:02-cv-00093, and (2) Marisco, Ltd.'s motion for leave to supplement reply to [sic] counterclaim [338-1] [334-1] [335-1]; certificate of service (lmg)
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| 350 |
Filed: 9/16/2004, Entered: 9/20/2004 |
Order |
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ORDER denying Kiribati Seafood Co., LLC's motion to enforce settlement - by Mag Judge Leslie E. Kobayashi - denying motion to enforce settlement [332-1] in 1:02-cv-00093, 1:02-cv-00272 (cc: all counsel) (lmg)
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| 351 |
Filed: 9/22/2004, Entered: 9/23/2004 |
Description not available |
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Submission of original DECLARATION of Dennis M. Moran in support of plaintiff Kiribati Seafoods, Inc.'s reply memorandum in support of motion to enforce settlement, filed September 10, 2004; certificate of service - re [332-1] in 1:02-cv-00093, re [329-1] in 1:02-cv-00272 (lmg)
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| 352 |
Filed: 9/22/2004, Entered: 9/23/2004 |
Reply |
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REPLY in support of Kiribati Seafood Co., LLC's motion for reconsideration of order granting in part and denying in part Marisco, Ltd.'s ex parte motion for shortening of time for hearing of Marisco's motion for summary judgment, et al., filed September 1, 2004; certificate of service - re [341-1] in 1:02-cv-00093, re [338-1] in 1:02-cv-00272 (lmg)
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| 353 |
Filed: 9/27/2004, Entered: 9/28/2004 |
Memorandum in Opposition to Motion |
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Marisco, Ltd.'s OPPOSITION to Kiribati Seafood Co., LLC's ex parte application to shorten time for hearing on its motion for summary judgment as to Isi's subrogation claim, and Marisco's third-party complaint; certificate of service [341-1] in 1:02-cv-00093, to [338-1] in 1:02-cv-00272 (lmg)
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| 354 |
Filed: 9/27/2004, Entered: 9/28/2004 |
Minutes - Miscellaneous |
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EO : Regarding Kiribati Seafood Co., LLC's Motion for Leave to File Kiribati Seafood Co., LLC's Motion for Partial Summary Judgment Motion as to (1) ISI's Subrogation Claim, and (2) Marisco's Third-Party Complaint. Memorandum In Opposition due on 10/18/04. No Reply Memorandum allowed. Magistrate Judge Leslie E. Kobayashi will take the Motion under Advisement thereafter. cc: all counsel re [341-1] in 1:02-cv-00093, 1:02-cv-00272 ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (lmg)
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| 355 |
Filed: 9/27/2004, Entered: 9/29/2004 |
Ex Parte Motion and order |
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|
Kiribati Seafood Co., LLC's EX PARTE APPLICATION to shorten time for consideration of Kiribati Seafood Co., LLC's motion for leave to file Kiribati Seafood Co., LLC's motion for partial summary judgment motion as to (1) Isi's subrogation claim, and (2) Marisco's third-party complaint ; certificate of compliance; declaration of counsel; ORDER by Mag Judge Leslie E. Kobayashi - granting ex parte application; certificate of service (lmg)
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| 356 |
Filed: 9/27/2004, Entered: 9/29/2004, Terminated: 10/5/2004 |
Motion for Miscellaneous Relief |
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NOTICE OF MOTION; Kiribati Seafood Co., LLC's motion for leave to file Kiribati Seafood Co., LLC's motion for partial summary judgment motion as to (1) Isi's subrogation claim, and (2) Marisco's third-party complaint ; proposed ORDER granting Kiribati Seafood Co., LLC's motion for leave to file Kiribati Seafood Co.'s LLC's motion for partial summary judgment as to (1) Isi's subrogation claim, and (2) Marisco's third-party complaint; memorandum in support of motion; certificate of service - referred to Mag Judge Leslie E. Kobayashi (lmg)
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| 357 |
Filed: 9/28/2004, Entered: 9/29/2004 |
Reply |
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Marisco, Ltd.'s REPLY to Kiribati Seafood Co., LLC's opposition to motions to modify dispositive motions deadline, to modify scheduling order, and for leave to supplement reply to counterclaim; declaration of counsel (exhibit A); certificate of service [337-1] in 1:02-cv-00093, re [334-1] in 1:02-cv-00272 (lmg)
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| 358 |
Filed: 9/29/2004, Entered: 9/29/2004 |
Order |
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ORDER granting in part and denying in part motion to strike Skip Naftel as expert witness or, in the alternative, for a Rule 104(a) hearing; ORDER granting motion to strike Dirk Von Guenther as expert witness or, in the alternative, for a Rule 104(a) hearing; ORDER granting in part and denying in part motion for order excluding testimony of Marisco's expert Jiro John Kaneko or, in the alternative, for a Rule 104(a) hearing by Mag Judge Leslie E. Kobayashi [184-1] [254-1] [255-1] [256-1] [274-1] in 1:02-cv-00093, 1:02-cv-00272 (cc: all counsel, DAE) (eps)
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| 359 |
Filed: 10/5/2004, Entered: 10/7/2004 |
Minutes - Miscellaneous |
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EP : Marisco, Ltd.'s Motion to Modify Dispositive Motions Deadline to File Summary Judgment Motion and to Modify Scheduling Order to Permit Motion to Supplement Reply to Counterclaim; Marisco, Ltd.'s Motion for Leave to Supplement Reply to Counterclaim; Dennis M. Moran participated by phone. Arguments heard. Marisco, Ltd.'s Motion to Modify Dispositive Motions Deadline to File Summary Judgment Motion is Granted and Marisco, Ltd.'s Motion to Modify Scheduling Order to Permit Motion to Supplement Reply to Counterclaim is Denied. Marisco, Ltd.'s Motion for Leave to Supplement Reply to Counterclaim is Denied. Court to issue Order. Kiribati Seafood Co., LLC's Motion for Leave to File Kiribati Seafood Co., LLC's Motion for Partial Summary Judgment Motion as to (1) ISI's Subrogation Claim, and (2) Marisco's Third-Party Complaint is now Moot and terminated [356-1]. Status Conference held (off the record). New trial date and deadlines given. Amended Rule 16 Scheduling Order to be issued. (See separate minutes) Marisco, Ltd.'s motion to modify dispositive motions deadline to file summary judgment motion is granted and Marisco, Ltd.'s to modify scheduling order to permit motion to supplement reply to counterclaim is denied [337-1] in 1:02-cv-00093, 1:02-cv-00272denying motion for leave to supplement reply to counterclaim [338-1] in 1:02-cv-00093denying motion for leave to supplement reply counterclaim [340-1], Kiribait Seafood Co., LLC's motion [356-1] moot and terminated in 1:02-cv-00093 ( Ct Rptr : FTR Courtroom 7; no-record 10:15-10:30) JUDGE Mag Judge Leslie E. Kobayashi (lmg)
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| 360 |
Filed: 10/5/2004, Entered: 10/7/2004 |
Minutes - Miscellaneous |
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EP : Status Conference held. New trial date and Deadlines given. Amended Rule 16 Scheduling Order to be issued. 1. Non-jury trial on April 5, 2005 at 9:00 a.m. before DAE 2. Final Pretrial Conference on February 22, 2005 at 9:00 a.m. before LEK 3. Final Pretrial Conference before District Judge N/A 4. Final Pretrial Statement by February 15, 2005 5. File motions to Join/Add Parties/Amend Pleadings by N/A 6. File other Non-Dispositive Motions by N/A 7. File Dispositive Motions by November 5, 2004 8a. File Motions in Limine by March 15, 2005 8b. File opposition memo to a Motion in Limine by March 22, 2005 11a. Plaintiff's Expert Witness Disclosures by N/A 11b. Defendant's Expert Witness Disclosures by N/A 12. Discovery deadline N/A 13. Settlement Conference set for on call before LEK 14. Settlement Conference statements by N/A 20. Submit Voir Dire Questions, Special Verdict Form, Concise Statement of Case and Jury Instructions by N/A 21. File Final witness list by March 15, 2005 24. Exchange Exhibit and Demonstrative aids by March 8, 2005 25. Stipulations re: Authenticity/Admissibility of Proposed Exhibits by March 15, 2005 26. File objections to the Exhibits by March 22, 2005 28a. File Deposition Excerpt Designations by March 15, 2005 28b. File Deposition Counter Designations and Objections by March 22, 2005 29. File Trial Brief by March 22, 2005 30. File Findings of Fact & Conclusions of Law by March 22, 2005 Other Matters: A copy of the Amended Rule 16 Scheduling Order mailed to all parties. ;status conference held , ;non-jury Trial set for 9:00 4/5/05 in 1:02-cv-00093, in 1:02-cv-00272 in before Judge David A. Ezra , ; final pretrial conference set for 9:00 2/22/05 in 1:02-cv-00093, in 1:02-cv-00272 before Mag Judge Leslie E. Kobayashi , ; file dispositive motions by 11/5/04 in 1:02-cv-00093, in 1:02-cv-00272 Ct Rptr : Courtroom 7-No record 10:30-10-35) JUDGE Mag Judge Leslie E. Kobayashi (lmg)
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| 361 |
Filed: 10/6/2004, Entered: 10/7/2004 |
Scheduling Order |
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Amended rule 16 SCHEDULING ORDER Mag Judge Leslie E. Kobayashi (cc: all counsel) (lmg)
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| 362 |
Filed: 10/6/2004, Entered: 10/7/2004 |
Minutes - Miscellaneous |
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EO : Before the Court are Marisco, Ltd.'s ("Marisco") Motion to Modify Dispositive Motions Deadline to File Summary Judgment Motion and to Modify Scheduling Order to Permit Motion to Supplement Reply to Counterclaim ("Motion to Modify Deadlines"), filed September 1, 2004, and Marisco's Motion for Leave to Supplement Reply to Counterclaim, filed September 1, 2004. The motions came on for hearing before this Court on October 5, 2004. Having carefully considered the motions, opposing and supporting memoranda, and the arguments of counsel, the Court rules as follows: 1) Marisco's Motion to Modify Deadlines is HEREBY GRANTED IN PART and DENIED IN PART. The motion is granted to the extent that the dispositive motions deadline to file summary judgment motions is extended, as to all parties, to November 5, 2004. Motions for summary judgment will assist the court in clarifying and narrowing the issues for trial. Moreover, the trial date in this matter has currently been vacated. The motion is denied, however, as Marisco's request for further modification of the scheduling order. A trial court may modify or amend a scheduling order upon a showing of good cause. See Makin ex rel. Russell v. Hawaii, 114 F. Supp. 2d 1017, 1029-30 (D. Haw. 1999) (citing Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 608-10 (9th Cir. 1992)). To determine whether or not "good cause" exists, the trial court primarily considers the diligence of the party seeking the amendment of the Rule 16 deadline(s). See id.; see also Tschantz v. McCann, 160 F.R.D. 568, 571 (N.D. Ind. 1995) ("[T]o demonstrate good cause' a party must show that despite their diligence the time table could not have reasonably been met.") (citing Forstmann v. Culp, 114 F.R.D. 83, 85 (M.D.N.C. 1987)). Here, Marisco has failed to make a showing of good cause, especially given that the deadline for filing motions to add parties or amend pleadings has long passed. 2) Given the Court's ruling above, Marisco's Motion for Leave to Supplement Reply to Counterclaim is DENIED. Cc: all counsel granted in part and denied in part the motion to modify dispositive motions deadline to file summary judgment [337-1] in 1:02-cv-00093, 1:02-cv-00272, denying motion for leave to supplement reply to counterclaim [335-1] in 1:02-cv-00272, 1:02-cv-00093 ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (lmg)
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| 363 |
Filed: 10/25/2004, Entered: 10/27/2004 |
Motion for Partial Summary Judgment |
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NOTICE OF HEARING MOTION; by defendant Kiribati Seafood Co., LLC's motion for partial summary judgment as to (1) subrogation claim, and (2) third-party complaint ; memorandum in support of motion; certificate of service - set for 10:30 11/22/04 before Judge David Alan Ezra in 1:02-cv-00093, in 1:02-cv-00272 (lmg)
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| 364 |
Filed: 10/25/2004, Entered: 10/27/2004 |
Motion for Partial Summary Judgment |
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NOTICE OF HEARING MOTION; by defendant Kiribati Seafood Co. LLC's motion for partial summary judgment on pleaded defenses and un-pleaded affirmative defenses ; memorandum in support of motion; certificate of service - set for 10:30 11/22/04 before Judge David A. Ezra in 1:02-cv-00093, in 1:02-cv-00272 (lmg)
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| 365 |
Filed: 10/25/2004, Entered: 10/27/2004 |
Miscellaneous Document |
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Separate CONCISE STATEMENT of facts by in support of Kiribati Seafood Co., LLC's motion for partial summary judgment as to (1) subrogation claim, and (2) third-party complaint; declaration of Emily Reber Porter; exhibitis 1-4; declaration of Dennis M. Moran' exhibits A-F; certificate of service - [363-1] in 1:02-cv-00093, in support of motion [360-1] in 1:02-cv-00272 (lmg)
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| 367 |
Filed: 10/29/2004, Entered: 11/1/2004 |
Miscellaneous Document |
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ATTORNEY SUBSTITUTION: plaintiff International Specialty, Inc. hereby substitutes Dennis M. Moran, Esq., as attorney of record in place and instead of Richard C. Wootton of Wootton, Griffin, Hansen & Poulos (lmg)
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| 368 |
Filed: 11/4/2004, Entered: 11/5/2004 |
Memorandum in Opposition to Motion |
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Marisco's OPPOSITION to KSC's motion for summary judgment re subrogation claim, and third-party complaint [363-1] in 1:02-cv-00093 in 02-cv-00272 (lmg)
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| 369 |
Filed: 11/4/2004, Entered: 11/5/2004 |
Memorandum in Opposition to Motion |
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Marisco, Ltd.'s OPPOSITION to Kiribati Seafood Co., LLC's motion for partial summary judgment re on pleaded defenses and un-pleaded affirmative defenses [364-1] in 1:02-cv-00093 in 1:02-cv-00272 (lmg)
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| 370 |
Filed: 11/4/2004, Entered: 11/5/2004 |
Miscellaneous Document |
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Marisco, Ltd.'s concise and separate STATEMENT of material facts that preclude granting KSC's motion for summary judgment on pleaded defenses and un-pleaded affirmative defenses; affirmative defenses: declaration of counsel (exhibits 1-14) [364-1] in 1:02-cv-00093, [361-1] in 1:02-cv-00272 (lmg)
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| 371 |
Filed: 11/4/2004, Entered: 11/8/2004 |
Miscellaneous Document |
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Marisco's STATEMENT of genuine issues of material fact in dispute re KSC's motion for summary judgment on Isi Subro claim & 3rd party claim in in 1:02-cv-00093, in 1:02-cv-00272 [363-1] [360-1] (lmg)
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| 372 |
Filed: 11/5/2004, Entered: 11/8/2004 |
Certificate of Service |
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CERTIFICATE of service by plaintiff in 1:02-cv-00093, in 1:02-cv-00272 (lmg)
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| 373 |
Filed: 11/10/2004, Entered: 11/12/2004 |
Motion for Summary Judgment |
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Marisco, Ltd.'s NOTICE OF HEARING; MOTION for summary judgment re tort claim, punitive damages, and damages from Tahiti casualty ; memorandum in support of motion - set for 9:45 3/7/05 in 1:02-cv-00093, in 1:02-cv-00272 before Judge David A. Ezra (lmg)
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| 374 |
Filed: 11/10/2004, Entered: 11/12/2004 |
Miscellaneous Document |
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Marisco, Ltd's SEPARATE AND CONCISE STATEMENT of facts supporting motion for summary judgment re tort claim, punitive damages, and damages from Tahiti casualty; table; declaration of counsel (exhibits) [373-1] in 1:02-cv-00093, [370-1] in 1:02-cv-00272 (lmg)
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| 375 |
Filed: 11/10/2004, Entered: 11/12/2004 |
Motion for Summary Judgment |
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Marisco, Ltd's NOTICE OF HEARING OF MOTION; motion for summary judgment re intervening, superceding cause and lack of proximate cause ; memorandum in support of motion - set for 9:45 3/7/05 in 1:02-cv-00093, in 1:02-cv-00272 before Judge David A. Ezra (lmg)
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| 376 |
Filed: 11/10/2004, Entered: 11/12/2004 |
Motion for Summary Judgment |
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Marisco, Ltd's NOTICE OF HEARING OF MOTION; motion for summary judgment re KSC's damages, if any, are limited to charter hire net of expenses ; memorandum in support of motion - set for 9:45 3/7/05 in 1:02-cv-00093, in 1:02-cv-00272 before Judge David A. Ezra (lmg)
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| 377 |
Filed: 11/10/2004, Entered: 11/12/2004 |
Motion for Summary Judgment |
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NOTICE OF HEARING MOTION; Marisco, Ltd.'s motion for summary judgment ; memorandum in support of motion - set for 9:45 3/7/05 in 1:02-cv-00093, in 1:02-cv-00272 before Judge David A. Ezra (lmg)
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| 378 |
Filed: 11/10/2004, Entered: 11/12/2004 |
Reply to Response to Motion |
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REPLY MEMORANDUM in support of Kiribati Seafood Co., LLC's motion for partial summary judgment as to (1) subrogation claim, and (2) third-party complaint [363-1]; certificate of service - in 1:02-cv-00093, 1:02-cv-00272 (lmg)
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| 379 |
Filed: 11/10/2004, Entered: 11/12/2004 |
Miscellaneous Document |
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Kiribati Seafood Co., LLC's SEPARATE AND CONCISE STATEMENT of facts in support of reply memorandum in support of Kiribati Seafood Co., LLC's motion for partial summary judgment as to (1) subrogation claim, and (2) third-party complaint; declaration of Dennis Moran, etc., exhibits 1-3; certificate of service [363-1] in 1:02-cv-00093 in 1:02-cv-00272 (lmg)
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| 380 |
Filed: 11/10/2004, Entered: 11/12/2004 |
Reply to Response to Motion |
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REPLY MEMORANDUM by defendant Kiribati Seafood Co. in support of Kiribati Seafood Co., LLC's to motion for partial summary judgment on pleaded defenses and un-pleaded affirmative defenses; certificate of service [364-1] in 1:02-cv-00093, 1:02-cv-00272 (lmg)
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| 381 |
Filed: 11/10/2004, Entered: 11/12/2004 |
Miscellaneous Document |
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Kiribati Seafood Co., LLC's SEPARATE AND CONCISE STATEMENT of facts support of its reply memorandum in support of Kiribati Seafood Co., LLC's motion for partial summary judgment on pleaded defenses and un-pleaded affirmative defenses; declaration of Nicholas Coscia; exhibits A-D; declaration of Dennis Moran; exhibits A-D; certificate of service [364-1] in 1:02-cv-00093 in 1:02-cv00272 (lmg)
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| 382 |
Filed: 11/12/2004, Entered: 11/15/2004 |
Certificate of Service |
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CERTIFICATE of service by plaintiff in 1:02-cv-00093, in 1:02-cv-00272 (lmg)
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| 383 |
Filed: 11/12/2004, Entered: 11/15/2004 |
Certificate of Service |
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CERTIFICATE of service by plaintiff in 1:02-cv-00093, in 1:02-cv-00272 (lmg)
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| 384 |
Filed: 11/15/2004, Entered: 11/17/2004 |
Miscellaneous Document |
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Marisco, Ltd.'s SEPARATE AND CONCISE STATEMENT of facts supporting motion for summary judgment re intervening, superceding cause and lack of proximate cause; table; declaration of counsel (exhibits A-I) [375-1] in 1:02-cv-00093, [372-1] in 1:02-cv-00272 (lmg)
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| 385 |
Filed: 11/15/2004, Entered: 11/17/2004 |
Miscellaneous Document |
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Marisco, Ltd.'s SEPARATE AND CONCISE STATEMENT of facts in support of its motion for summary judgment re KSC's damages, if any, are limited to charter hire net of expenses; table of exhibits; declaration of counsel (exhibits A-E) [376-1] in 1:02-cv-00093, [373-1] in 1:02-cv-00272 (lmg)
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| 386 |
Filed: 11/15/2004, Entered: 11/17/2004 |
Miscellaneous Document |
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Marisco, Ltd.'s SEPARATE AND CONCISE STATEMENT of material facts in support of motion for summary judgment; declaration of counsel (exhibits A-G) [377-1] in 1:02-cv-00093, [374-1] in 1:02-cv-00272 (lmg)
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| 387 |
Filed: 11/15/2004, Entered: 11/17/2004 |
Certificate of Service |
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CERTIFICATE of service by plaintiff in 1:02-cv-00093, in 1:02-cv-00272 (lmg)
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| 388 |
Filed: 11/15/2004, Entered: 11/17/2004 |
Certificate of Service |
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CERTIFICATE of service by plaintiff in 1:02-cv-00093, in 1:02-cv-00272 (lmg)
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| 389 |
Filed: 11/15/2004, Entered: 11/17/2004 |
Motion to Continue |
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Marisco, Ltd.'s NOTICE OF HEARING MOTION; Marisco, Ltd.'s motion for order continuing hearing on Kiribati Seafood Co, LLC's motion for partial summary judgment as to (1) subrogation claim and (2) third-party complaint, & motion for partial summary judgment on unpleaded affirmative defenses, both motions filed October 25, 2004, and set for hearing on November 22, 2004 and motion to advance hearing on Marisco, Ltd.'s (1) motion for summary judgment, (2) motion for summary judgment re tort claim, punitive damages, and damages from Tahiti casualty, (3) motion for summary judgment re intervening, superceding cause, and (4) motion for summary judgment re KSC's damages, if any, are limited to charter hire net of expenses, filed November 4, 2004, set for hearing March 7, 2004 (sic) ; memorandum in support of motion; declaration of counsel (exhibit A); certificate of service [363-1][364-1][373-1][375-1][376-1][377-1] - referred to Judge David A. Ezra (lmg) Modified on 11/19/2004
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| 390 |
Filed: 11/16/2004, Entered: 11/17/2004 |
Errata |
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Marisco, Ltd.'s ERRATA to declaration of counsel filed in support of Marisco, Ltd.'s motion for order continuing hearing on Kiribati Seafood Co, LLC's motion for partial summary judgment as to (1) subrogation claim and (2) third-party complaint, & motion for partial summary judgment on unpleaded affirmative defenses, both motions filed October 25, 2004, and set for hearing on November 22, 2004 and motion to advance hearing on Marisco, Ltd.'s (1) motion for summary judgment, (2) motion for summary judgment re tort claim, punitive damages, and damages from Tahiti casualty, (3) motion for summary judgment re intervening, superceding cause, and (4) motion for summary judgment re KSC's damages, if any, are limited to charter hire net of expenses, filed November 4, 2004, set for hearing March 7, 2004; declaration of counsel (exhibit 1); certificate of service [389-1]in 1:02-cv-00093, [386-1] 1:02-cv-00272 (lmg)
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| 391 |
Filed: 11/17/2004, Entered: 11/18/2004 |
Memorandum in Opposition to Motion |
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MEMORANDUM by Kiribati Seafood Co., LLC's opposition to Marisco, Ltd.'s ex parte motion to shorten time for hearing of Marisco, Ltd.'s motion for order continuing hearing on Kiribati Seafood Co, LLC's motion for partial summary judgment as to (1) subrogation claim and (2) third-party complaint, & motion for partial summary on unpleaded affirmative defenses, both motions filed October 25, 2004, and set for hearing on November 22, 2004, and motion to advance hearing on Marisco, Ltd.'s (1) motion for summary judgment, (2) motion for summary judgment re tort claim, punitive damages, and damages from Tahiti casualty, (3) motion for summary judgment re intervening, superceding cause and lack of proximate cause, and (4) motion for summary judgment re KSC's damages, if any, are limited to charter hire net of expenses, filed November 4, 2004, for hearing March 7, 200[5], alternatively to consider on expedited basis without hearing, and opposition to underlying motion; declaration of Dennis M. Moran; certificate of service (lmg)
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| 392 |
Filed: 11/17/2004, Entered: 11/18/2004 |
Description not available |
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Submission of originial DECLARATION of Dennis M. Moran in support of reply in support of Kiribati Seafood Co., LLC;s motion for partial summary judgment on pleaded defenses and unpleaded affirmative defenses, filed on November 10, 2004; certificate of service - [364-1] in 1:02-cv-00093, re [361-1] in 1:02-cv-00272 (lmg)
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| 393 |
Filed: 11/17/2004, Entered: 11/18/2004 |
Description not available |
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Submission of original DECLARATION by Kiribati Seafood Co. of Dennis Moran in support of reply memorandum in support of Kiribati Seafood Co., LLC's motion for partial summary judgment as to (1) subrogation claim, and (2) third-party ocmplaint, filed on November 10, 2004; certificate of service re [363-1] in 1:02-cv-00093, re [360-1] in 1:02-cv-00272 (lmg)
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| 394 |
Filed: 11/17/2004, Entered: 11/18/2004 |
Minutes - Miscellaneous |
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EO : Kiribati Seafood Co., LLC's motion for motion for partial summary judgment as to (1) ISI's subrogation claim, and (2) Marisco's third-party complaint [363-1]; consolidated with CV 02-00272DAE-LEK set for 11/22/04 10:30 AM before DAE; Kiribati Seafood' Co., LLC's motion for partial summary judgment on pleaded defenses and un-pleaded affirmative defenses set for 11/22/2004 10:30 AM before DAE; the HEARING DATE for these motions has been VACATED; court to issue order [364-1] in 1:02-cv-00093, 1:02-cv-00272 ( Ct Rptr : ) JUDGE Judge David A. Ezra (lmg)
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| 395 |
Filed: 11/17/2004, Entered: 11/18/2004 |
Minutes - Miscellaneous |
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EO : Marisco, Ltd.'s Marisco, Ltd.'s Motion for Summary Judgment [Consolidated with CV 02-00272DAE-LEK] set for 03/07/2005 09:45:00 AM before DAE Marisco, Ltd.'s Motion for Summary Judgment re: Intervening Superceding Cause and Lack of Proximate Cause [Consolidated with CV 02-00272DAE-LEK] set for 03/07/2005 09:45:00 AM before DAE Marisco, Ltd.'s Motion for Summary Judgment re: KSC's Damages, if any, are Limited to Charter Hire Net of Expenses [Consolidated with CV 02-00272DAE-LEK] set for 03/07/2005 09:45:00 AM before DAE Marisco, Ltd.'s Motion for Summary Judgment re: Tort Claim, Punitive Damages, and Damages from Tahiti Casualty [Consolidated with CV 02-00272DAE-LEK] set for 03/07/2005 09:45:00 AM before DAE The hearing date for these motions has been vacated. Court to issue order. hearing re motion for summary judgment [377-1] in 1:02-cv-00093, 1:02-cv-00272, vacating hearing re motion for summary judgment re intervening, superceding cause and lack of proximate cause [375-1] in 1:02-cv-00093, 1:02-cv-00272, vacating hearing re motion for summary judgment re KSC's damages, if any, are limited to charter hire net of expenses [376-1] in 1:02-cv-00093, 1:02-cv-00272, vacating hearing re motion for summary judgment re tort claim, punitive damages, and damages from Tahiti casualty [373-1] in 1:02-cv-00093, 1:02-cv-00272 ( Ct Rptr : ) JUDGE Judge David A. Ezra (lmg)
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| 397 |
Filed: 11/17/2004, Entered: 11/19/2004 |
Description not available |
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Submission of original DECLARATION of Nicholas Coscia in support of reply in support of Kiribati Seafood Co., LLC's motion for partial summary judgment on pleaded defenses and un-pleaded affirmative defenses, filed on November 10, 2004; certificate of service - [364-1] in 1:02-cv-00093, re [361-1] in 1:02-cv-00272 (lmg)
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| 396 |
Filed: 11/18/2004, Entered: 11/18/2004 |
Order |
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ORDER by Judge David A. Ezra - granting Kiribati Seafood Co., LLC's motion for reconsideration of order granting in part and denying in part Marisco, Ltd.'s ex parte motion for shortening of time for hearing of Marisco's motion to modify dispositive motions deadline - [341-1] in 1:02-cv-00093, 1:02-cv-00272 (cc: all counsel) (lmg)
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| 398 |
Filed: 11/19/2004, Entered: 11/23/2004 |
Minutes - Miscellaneous |
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EO : ORDER DIRECTING FILING OF STIPULATION OR, IN THE ALTERNATIVE, MOTION FOR WITHDRAWAL AND SUBSTITUTION OF COUNSEL. On November 2, 2004, the Court received Plaintiff International Speciality's Inc.'s ("ISI") Substitution of Attorney for International Specialty, Inc. This submission, however, failed to provide a stipulation by all of the parties as to the substitution of counsel, and failed to provide for the withdrawal of ISI's current counsel of record. See LR83.6(a). The Court, therefore, directs ISI to file the appropriate stipulation, see, e.g., LR10.4, or file the appropriate motion for leave to withdraw and to substitute counsel, see, e.g., LR7.2. Until such time as a stipulation for the withdrawal and substitution of counsel is ordered by the Court, or a motion for the same is granted, ISI's counsel of record continues to be Richard C. Wooton, Esq., and the law firm of Cox, Wooton, Griffin, Hansen & Poulos, LLP. Further, the Court takes this opportunity to remind the parties of this Court's requirements for admission pro hac vice, in the event that ISI seeks to have substitute counsel permitted to appear on its behalf who may not be admitted to the bar of this Court. See LR83.1(e). IT IS SO ORDERED. Cc: all counsel re [367-1] in 1:02-cv-00093, 1:02-cv-00272 ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (lmg)
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| 399 |
Filed: 11/26/2004, Entered: 11/29/2004 |
Description not available |
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Submission of original DECLARATION of Dennis Moran in support of Kiribati Seafood Co., LLC's memorandum in opposition to Marisco, Ltd.'s ex parte motion to shorten time for hearing of Marisco, Ltd.'s motion for order continuing hearing on Kiribati Seafood Co., LLC's motion for partial summary motion for order continuing hearing on judgment as to (1) subrogation claim and (2) third-party complaint, & motion for partial summary on unpleaded affirmative defenses, both motions filed October 25, 2004, and set for hearing on November 22, 2004, and motion to advance hearing on Marisco, Ltd.'s (1) motion for summary judgment, (2) motion for summary judgment re tort claim, punitive damages, and damages from Tahiti casualty, (3) motion for summary judgment re intervening, superceding cause and lack of proximate cause, and (4) motion for summary judgment re KSC's damages, if any, are limited to charter hire net of expenses, filed November 4, 2004, for hearing March 7, 200[5], alternatively to consider on expedited basis without hearing, and opposition to underlying motion; declaration of Dennis M. Moran; certificate of service in 1:02-cv-00093, re [330-1] in 1:02-cv-00272 [355-2] (lmg)
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| 400 |
Filed: 12/8/2004, Entered: 12/8/2004 |
Certificate of Service |
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CERTIFICATE of service by Marisco, Ltd. in 1:02-cv-00093, in 1:02-cv-00272 (lmg)
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| 401 |
Filed: 12/16/2004, Entered: 12/20/2004 |
Minutes - Miscellaneous |
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EO : ;Trial setting/status conference set for 1/4/05 @ 10:30 a.m. before Judge Ezra in 1:02-cv-00093, in 1:02-cv-00272 ; cc: all counsel of record by fax ( Ct Rptr : ) JUDGE Judge David A. (lmg)
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| 403 |
Filed: 1/4/2005, Entered: 1/10/2005 |
Minutes - Miscellaneous |
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EO : Trial Setting/Status Conference. Trial Setting/Status Conference held. New trial date set for 7/6/2005 @900amDAE. Counsel referred to Magistrate Judge Kobayashi for Trial setting/status conference. ;new trial set for 9:00 7/6/05 in 1:02-cv-00093, in 1:02-cv-00272 before Judge David A. Ezra , ( Ct Rptr : ) JUDGE Judge David A. Ezra (lmg)
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| 402 |
Filed: 1/6/2005, Entered: 1/7/2005, Terminated: 2/24/2005 |
Motion for Miscellaneous Relief |
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NOTICE OF MOTION and motion by plaintiff for order compelling compliance with prior discovery orders and/or for alternative relief ; memorandum in support of motion; declaration of counsel (exhibits A-Z2); certificate of compliance; certificate of services - set for 2:30pm 02/08/05 in 1:02-cv-00093, in 1:02-cv-00272 before Mag Judge Leslie E. Kobayashi (lmg) Modified on 01/14/2005
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|
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| 404 |
Filed: 1/6/2005, Entered: 1/10/2005 |
Minutes - Miscellaneous |
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EO : Status conference regarding trial deadlines; [non jury trial set for 7/6/05];[Dennis M. Moran by phone]; [Richard C. Wootton by phone]; consolidated with CV 02-00272DAE-LEK] set for 01/11/2005 9:30 AM before LEK; all parties notified; ;non jury Trial set for 9:00 7/6/05 in 1:02-cv-00093, in 1:02-cv-00272 status conference set for 9:30 1/11/05 in 1:02-cv-00093; in 1:02-cv-00272 before Mag Judge Leslie E. Kobayashi ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (lmg)
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|
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| 405 |
Filed: 1/10/2005, Entered: 1/13/2005 |
Minutes - Miscellaneous |
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EO : ;Continued status conference regarding trial deadlines from 01/11/05 9:30 AM to 1/13/05 9:00 AM before Mag Judge Leslie E. Kobayashi in 1:02-cv-00093, in 1:02-cv-00272 ; all parties notified by phone ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (lmg)
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|
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| 406 |
Filed: 1/13/2005, Entered: 1/18/2005 |
Minutes - Miscellaneous |
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EP : Status Conference Re: Trial Deadlines held. Dennis M. Moran and Richard C. Wootton participated by phone. Various issues discussed. Trial deadlines given. Amended Rule 16 Scheduling Order to be issued. 1. Non-jury trial on July 6, 2005 at 9:00 a.m. before DAE 2. Final Pretrial Conference on May 24, 2005 at 9:00 a.m. before LEK 3. Final Pretrial Conference before District Judge N/A 4. Final Pretrial Statement by May 17, 2005 5. File motions to Join/Add Parties/Amend Pleadings by N/A 6. File other Non-Dispositive Motions by April 6, 2005 7. File Dispositive Motions by February 2, 2005 8a. File Motions in Limine by June 14, 2005 8b. File opposition memo to a Motion in Limine by June 21, 2005 11a. Plaintiff's Expert Witness Disclosures by N/A 11b. Defendant's Expert Witness Disclosures by N/A 12. Discovery deadline N/A 13. Further Settlement Conference set for on call 14. Settlement Conference statements by N/A 20. Submit Voir Dire Questions, Special Verdict Form, Concise Statement of Case and Jury Instructions by N/A 21. File Final witness list by June 14, 2005 24. Exchange Exhibit and Demonstrative aids by June 7, 2005 25. Stipulations re: Authenticity/Admissibility of Proposed Exhibits by June 14, 2005 26. File objections to the Exhibits by June 21, 2005 28a. File Deposition Excerpt Designations by June 14, 2005 28b. File Deposition Counter Designations and Objections by June 21, 2005 29. File Trial Brief by June 21, 2005 30. File Findings of Fact & Conclusions of Law by June 21, 2005 Other Matters: A copy of the Amended Rule 16 Scheduling Order mailed to all parties. Atty Emily Reber Porter to prepare Stipulation for Withdrawal and Substitution of Counsel Re: Richard C. Wootton and Pro Hace Vice Re: Dennis M. Moran. , ;non-jury Trial set for 9:00 7/6/05 before Judge David A. Ezra , ; final pretrial conference set for 9:00 5/24/05 before Mag Judge Leslie E. Kobayashi , ; Discovery ddl N/A ; file dispositive motions by 2/2/05 ( Ct Rptr : Courtroom 7-no record) JUDGE Mag Judge Leslie E. Kobayashi (lmg)
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| 407 |
Filed: 1/14/2005, Entered: 1/18/2005 |
Notice of Change of Address |
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NOTICE of change of firm; certificate of service - by defendant Kiribati Seafood Co. in 1:02-cv-00093, in 1:02-cv-00093, - Dennis M. Moran, Esq., request all future correspondence is requested to be sent to: Moran Windes & Wong, PLLC, 5608 17th Avenue Northwest, Seattle, WA 98107, ph: 206-788-3000, fax: 206-788-3001 (lmg)
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|
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| 408 |
Filed: 1/14/2005, Entered: 1/18/2005 |
Notice of Change of Address |
|
NOTICE of change of address and firm name - by defendant Kiribati Seafood Co. in 1:02-cv-00093, third-party defendant Kiribati Seafood in 1:02-cv-00272 of change of address for attorney Dennis M. Moran, to: Moran, Windes and Wong, 5608 17th Avenue NW, Seattle, WA 98107 (lmg)
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| 421 |
Filed: 1/18/2005, Entered: 1/20/2005 |
Scheduling Order |
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Amended rule 16 SCHEDULING ORDER Mag Judge Leslie E. Kobayashi (cc: all counsel) (lmg)
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|
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| 409 |
Filed: 1/19/2005, Entered: 1/20/2005 |
Motion for Summary Judgment |
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|
NOTICE OF HEARING OF MOTION; Marisco, Ltd.'s motion 1:02-cv-00093, in 1:02-cv-00272 for summary judgment re tort claim, punitive damages, and damages from Tahiti Casualty ; memorandum in support of Marisco, Ltd.'s motion for summary judgment re tort claim, punitive damages, and damages from Tahiti Casualty - set for 10:30 4/4/05 in 1:02-cv-00093, in 1:02-cv-00272 before Judge David A. Ezra (lmg) Modified on 04/19/2005
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|
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| 410 |
Filed: 1/19/2005, Entered: 1/20/2005 |
Motion for Summary Judgment |
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|
NOTICE OF HEARING OF MOTION; Marisco, Ltd.'s motion in 1:02-cv-00093, in 1:02-cv-00272 for summary judgment - intervening, superceding cause and lack of proximate cause memorandum in support of motion for summary judgment - intervening, superceding cause and lack of proximate cause - 1:02-cv-00093, in 1:02-cv-00272 set for 04/04/05 10:30 before Judge David A. Ezra (lmg) Modified on 04/19/2005
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|
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| 411 |
Filed: 1/19/2005, Entered: 1/20/2005 |
Miscellaneous Document |
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SEPARATE AND CONCISE STATEMENT of facts by Marisco, Ltd.'s in 1:02-cv-00093, in 1:02-cv-00272 supporting motion for summary judgment - intervening, superceding cause and lack of proximate cause; table of exhibits supporting Marisco, Ltd.'s separate and concise statement of facts in support of its motion for summary judgment - intervening, superceding cause and lack of proximate cause; declaration of counsel (exhibits A-I) [410-1] [407-1] (lmg)
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|
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| 412 |
Filed: 1/19/2005, Entered: 1/20/2005 |
Certificate of Service |
|
CERTIFICATE of service by plaintiff in 1:02-cv-00093, in 1:02-cv-00272 (lmg)
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|
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| 413 |
Filed: 1/19/2005, Entered: 1/20/2005 |
Miscellaneous Document |
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SEPARATE AND CONCISE STATEMENT of facts by Marisco, Ltd.'s 1:02-cv-00093, in 1:02-cv-00272 supporting motion for summary judgment re tort claim, punitive damages, and damages from Tahiti Casualty; table of exhibits; declaration of counsel (exhibits A-H) [409-1] [406-1] (lmg)
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|
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| 414 |
Filed: 1/19/2005, Entered: 1/20/2005 |
Certificate of Service |
|
CERTIFICATE of service by plaintiff in 1:02-cv-00093, in 1:02-cv-00272 (lmg)
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|
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| 415 |
Filed: 1/19/2005, Entered: 1/20/2005 |
Motion for Summary Judgment |
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|
NOTICE OF HEARING MOTION; Marisco, Ltd.'s motion in 1:02-cv-00093, in 1:02-cv-00272 for summary judgment - KSC's damages if any, are limited to charter hire net of expenses ; memorandum in support of motion - set for 10:30 4/4/05 before Judge David A. Ezra (lmg) Modified on 04/19/2005
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|
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| 416 |
Filed: 1/19/2005, Entered: 1/20/2005 |
Miscellaneous Document |
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SEPARATE AND CONCISE STATEMENT of facts by Marisco, Ltd.'s in 1:02-cv-00093, in 1:02-cv-00272 in support of motion for summary judgment - KSC's damages if any, are limited to charter hire net of expenses; table of exhibits supporting Marisco, Ltd.'s motion for summary judgment - KSC's damages, if any are limited to charter hire net of expenses; declaration of counsel (exhibits A-E) [415-1] [412-1] (lmg)
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|
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| 417 |
Filed: 1/19/2005, Entered: 1/20/2005 |
Certificate of Service |
|
CERTIFICATE of service by plaintiff in 1:02-cv-00093, in 1:02-cv-00272 (lmg)
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|
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| 418 |
Filed: 1/19/2005, Entered: 1/20/2005 |
Motion for Summary Judgment |
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|
NOTICE OF HEARING MOTION; Marisco, Ltd.'s motion in 1:02-cv-00093, in 1:02-cv-00272 for summary judgment - economic loss ; memorandum in support of motion for summary judgment - economic loss - hearing set for 10:30 4/4/05 before Judge David A. Ezra (lmg) Modified on 04/19/2005
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| 419 |
Filed: 1/19/2005, Entered: 1/20/2005 |
Miscellaneous Document |
|
SEPARATE AND CONCISE STATEMENT of facts by Marisco, Ltd.'s in 1:02-cv-00093, in 1:02-cv-00272 in support of motion for summary judgment - economic loss; table of exhibits supporting Marisco, Ltd.'s separate and concise statement of facts in support of its motion for summary judgment - economic loss; declaration of counsel (exhibits A-G) [418-1] [415-1] (lmg)
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| 420 |
Filed: 1/19/2005, Entered: 1/20/2005 |
Certificate of Service |
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CERTIFICATE of service by plaintiff in 1:02-cv-00093, in 1:02-cv-00272 (lmg)
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| 422 |
Filed: 1/21/2005, Entered: 1/26/2005 |
Memorandum in Opposition to Motion |
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OPPOSITION by defendant Kiribati Seafood Company, LLC's to Marisco, Ltd.'s motion for order compelling compliance with prior discovery orders and/or for alternative relief, filed January 6, 2005; declaration of counsel; exhibit 1; certificate of service - [402-1] in 1:02-cv-00093, to motion [399-1] in 1:02-cv-00272 (lmg)
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| 423 |
Filed: 1/24/2005, Entered: 1/27/2005 |
Order |
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|
EO: COURT ORDER: ORDER GRANTING PLAINTIFF MARISCO, LTD.'S REQUEST TO AMEND RULE 16 SCHEDULING ORDER AND IMPOSE NEW MOTIONS DEADLINE On January 4, 2005, Chief Judge David Alan Ezra rescheduled the non-jury trial in these consolidated actions for the week of July 6, 2005 and referred the parties to seek a conference with the magistrate judge regarding Plaintiff Marisco, Ltd.'s request to file dispositive motions. As a result, a status conference was held with this court on January 13, 2005. Present at the conference were Michael L. Freed, Esq. and John R. Fitzgerald, Esq., appearing on behalf of Plaintiff and Counterclaim Defendant Marisco, Ltd. ("Marisco"); Richard C. Wooton, Esq., appearing telephonically on behalf of Plaintiff International Speciality, Inc. ("ISI"); Emily Reber Porter, Esq., appearing in person, and Dennis M. Moran, Esq., appearing telephonically on behalf Defendant and Counter-Claimant Kiribati Seafood Co., L.L.C. ("Kiribati"). At the conference, Marisco made an oral request to file motions for summary judgment on certain claims being made by Kiribati and argued that these motions would serve to focus the parties on the scope of Kiribati's claims, and the measure of damages that would be permitted if Kiribati succeeds at trial. Kiribati, however, objected to the extension of any deadlines. Instead, Kiribati contended that Marisco failed on a prior motion seeking extension and continues to fail to demonstrate good cause for extending the deadlines. Further, Kiribati submitted, only Kiribati previously demonstrated good cause for filing its substantive motion, and thus filing deadline for dispositive motions should be extended exclusively for Kiribati. Kiribati correctly pointed out that this court specifically inquired several months, if not over a year, ago whether Marisco would seek to file any motions for summary judgment involving causation and/or limitation of liability for damages. Kiribati also correctly pointed out that, with the appearance of new counsel and several months after the deadlines have expired for the filing of dispositive motions, Marisco seeks to file substantive motions on the same or similar issues previously raised by the court. Marisco did not attempt to argue that it only recently became aware of the issues. Rather, Marisco argued that, in the interest of judicial economy and to spare considerable time and expense by the parties, these issues should be considered and ruled upon the trial court in advance of trial. In response, Kiribati argued that this court is without discretion to amend its Rule 16 Scheduling Order. The court disagrees. Modification of the pretrial scheduling order is generally permitted only upon a showing of good cause. See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 608 (9th Cir. 1992)(citing Fed. R. Civ. P. 16(b)). If the party seeking the modification "was not diligent, the inquiry should end" and the motion to modify should be denied. Id. at 609. However, in Johnson, the plaintiff sought, several months after the deadline to amend pleadings, to add an entirely new party to the action, and did so without first seeking leave of court. Allowing an additional party late in the litigation would cause undeniable prejudice to the other parties. See, e.g., Baker v. Vantage Parts, Inc., Civ. No. 96-37-FR, 1997 WL 136488, at *6 (D. Or. Mar. 19, 1997)("Johnson concerned the joinder of another defendant, a more serious matter than adding facts supporting the claim of the plaintiff against the named defendant, as is the case before this court. The court declines to follow Johnson[.]"). Here, Marisco seeks to file motions for summary judgment on issues that both parties have long been aware of during the course of the litigation. If these motions are granted in whole or in part, then the issues for the court to decide would be considerably narrowed. As a result, the number of witnesses and length of trial would likely be whittled down as well. Some courts have liberally interpreted "good cause" when allowing a party to amend a scheduling order to allow filing of summary judgment motions after the deadline: While no reported cases in the Ninth Circuit apply the above standard to allow a party to amend a scheduling order to file a summary judgment motion after the deadline set for filing dispositive motions, several other circuit court cases allow such amendments. See, e.g., Mason v. Louisville Police Department, 8 Fed. Appx. 326, 328 (6th Cir.2001) (allowing amendment to scheduling order for filing of summary judgment motion because "Defendants alleged good cause for the late filing, no trial date had been set, and the delay did not cause any prejudice"); Hernandez-Loring v. Universidad Metropolitana, 233 F.3d 49, 51 (1st Cir. 2000) (finding good cause to amend scheduling order date for filing dispositive motions based on opposing party's own discovery delays); Jones v. Coleman Co., Inc., 39 F.3d 749, 753-54 (7th Cir. 1994) (upholding magistrate judge decision to allow amendment to scheduling order to permit filing of summary judgment motion because of "change in circumstances" triggered by settlement with one of the parties); Spiller v. Ella Smithers Geriatric Center, 919 F.2d 339, 343 (5th Cir. 1990) (holding no abuse of discretion by trial judge who implicitly granted a motion to amend scheduling order when he granted summary judgment filed after scheduling order deadline). Greenwalt v. Sun City W. Fire Dist., 250 F. Supp. 2d 1200, 1207 (D. Ariz. 2003). As the Court noted at the status conference, even if Marisco is not permitted to file motions for summary judgment, it is inevitable that Marisco will attempt to raise the same issues at trial in the form of motions in limine, evidentiary challenges, and Rule 50 motions. Kiribati will thus have to respond, perhaps repeatedly, to these motions and may do so on a more truncated briefing schedule. Thus, permitting the summary judgment motions to be filed would not impose prejudice nor greater burden on Kiribati. On the other hand, having the issues presented and addressed by way of dispositive motions practice would result in a more efficient, more fair, and less expensive process for all, particularly in light of the fact that the district judge recently informed the parties on January 4, 2005 that the trial date had to be continued to July 6, 2005 due to the congested court docket. Further, the summary judgment motions that Marisco seeks to file involve issues of which Kiribati has long been aware. Marisco is not seeking to raise new theories at this time. Therefore, the court finds good cause to amend the Rule 16 Scheduling Order. See Sousa ex rel. Sousa v. Unilab Corp. Class II (Non-Exempt) Members Group Benefit Plan, 252 F. Supp. 2d 1046, 1059 (E.D. Cal. 2002)("Because Plaintiffs have always been on notice about Defendants' statute of limitations defense, the court finds good cause to amend the Joint Scheduling order."). The Rule 16 Scheduling Order is hereby amended to reflect that the dispositive motions deadline is extended to February 2, 2005. Further, the deadlines for the final pretrial conference, filing the final witness list, identification and exchange of exhibits, deposition designations and demonstrative aids, filing trial briefs and submission of proposed Findings of Fact & Conclusions of Law are also extended based on the new trial date assigned by the district judge. The court will issue an amended Rule 16 Order reflecting these new deadlines. All other deadlines are closed and are not extended. IT IS SO ORDERED. Cc: all counsel ORDER by Mag Judge Leslie E. Kobayashi ;dispositive Motions ddl is set for 2/2/05 in 1:02-cv-00093, in 1:02-cv-00272 (cc: all counsel) (lmg)
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|
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| 424 |
Filed: 1/28/2005, Entered: 1/31/2005 |
Reply |
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REPLY by plaintiff Marisco, Ltd.'s to Kiribati Seafood, LLC.'s opposition to Marisco, Ltd.'s motion for order compelling compliance with prior discovery orders and/or for alternative relief; memorandum in support of motion; declaration of counsel (exhibits A-B); certificate of service [422-1] in 1:02-cv-00093, re [419-1] in 1:02-cv-00272 (lmg)
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|
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| 425 |
Filed: 2/1/2005, Entered: 2/2/2005 |
Reply |
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Amended REPLY by Marisco, Ltd.'s to Kiribati Seafood, LLC.'s opposition to Marisco, Ltd.'s motion for order compelling compliance with prior discovery orders and/or for alternative relief [424-1] in 1:02-cv-00093, re [421-1] in 1:02-cv-00272 (lmg)
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|
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| 426 |
Filed: 2/1/2005, Entered: 2/2/2005 |
Certificate of Service |
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CERTIFICATE of service by plaintiff in 1:02-cv-00093, in 1:02-cv-00272 (lmg)
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|
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| 427 |
Filed: 2/2/2005, Entered: 2/3/2005 |
Motion for Partial Summary Judgment |
|
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NOTICE OF HEARING MOTION by defendant Kiribati Seafood Co., LLC's Co.'s motion in 1:02-cv-00093, in 1:02-cv-00272 for partial summary judgment as to (1) Isi's subrogation claim, and (2) Marisco's third-party complaint ; memorandum in support of motion; certificate of service - set for 10:30 4/4/05 in 1:02-cv-00093, in 1:02-cv-00272 before Judge David A. Ezra (lmg) Modified on 04/19/2005
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|
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| 428 |
Filed: 2/2/2005, Entered: 2/3/2005 |
Miscellaneous Document |
|
Separate CONCISE STATEMENT of facts by defendant Kiribati Seafood Co., LLC's in 1:02-cv-00093, in 1:02-cv-00272 in support of motion for partial summary judgment as to (1) Isi's subrogation claim, and (2) Marisco's third-party complaint [427-1] in 1:02-cv-00093, [424-1] in 1:02-cv-00272 (lmg)
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|
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| 429 |
Filed: 2/2/2005, Entered: 2/4/2005 |
Motion for Partial Summary Judgment |
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NOTICE OF HEARING MOTION by defendant Kiribati Seafood Co., LLC's motion in 1:02-cv-00093, in 1:02-cv-00272 for partial summary judgment on pleaded defenses and un-pleaded affirmative defenses ; memorandum in support of motion; certificate of service - set for 10:30 4/4/05 in 1:02-cv-00093, in 1:02-cv-00272 before Judge David A. Ezra (lmg) Modified on 04/19/2005
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|
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| 430 |
Filed: 2/2/2005, Entered: 2/4/2005 |
Miscellaneous Document |
|
Separate CONCISE STATEMENT of facts by defendant Kiribati Seafood Co. in 1:02-cv-00093, in 1:02-cv-00272 in support of motion for partial summary judgment on pleaded defenses and un-pleaded affirmative defenses; declaration of Emily Reber Porter; exhibits A-F; certificate of service - [429-1] in 1:02-cv-00093, [426-1] in 1:02-cv-00272 (lmg)
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|
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| 431 |
Filed: 2/4/2005, Entered: 2/4/2005 |
Certificate of Service |
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CERTIFICATE of service by defendant Kiribati Seafood Co. in 1:02-cv-00093, 1:02-cv-00272 (lmg)
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|
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| 432 |
Filed: 2/4/2005, Entered: 2/7/2005 |
Appeal of Magistrate Judge Decision to District Co |
|
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Kiribati Seafood Co., LLC's STATEMENT OF APPEAL FROM MAGISTRATE'S ORDER (minutes issued on January 24. 2005) [423-2] in 1:02-cv-00093, [420-1] 1:02-cv-00272 ; declaration of Emily Reber Porter; exhibits A-D; certificate of service - referred to Judge David A. Ezra (lmg) Modified on 02/08/2005
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| 433 |
Filed: 2/7/2005, Entered: 2/8/2005 |
Joinder |
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ISI's JOINDER in Kiribati Seafood Co., LLC's motion for partial summary judgment as to (1) Isi's subrogation claim, and (2) Marisco's third-party complaint, filed February 2, 2005; certificate of service Civil no. 1:02-cv-00272 in [424-1] (lmg)
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| 434 |
Filed: 2/8/2005, Entered: 2/10/2005 |
Minutes - Miscellaneous |
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EP : Marisco, Ltd.'s Motion for Order Compelling Compliance With Prior Discovery Orders and/or For Alternative Relief - Dennis M. Moran participated by phone. Arguments heard. Motion Granted. Freed to prepare Order granting motion for order compelling compliance with prior discovery orders and/or for alternative relief in 1:02-cv-00093, 1:02-cv-00272 ( Ct Rptr : FTR Courtroom 7 2:55-3:17) JUDGE Mag Judge Leslie E. Kobayashi (lmg)
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| 435 |
Filed: 2/11/2005, Entered: 2/15/2005 |
Miscellaneous Document |
|
Marisco, Ltd.'s submission of proof re: attorneys' fees and costs incurred in successful prosecution of its motion for order compelling compliance with prior discovery orders and/or for alternative relief; declaration of Michael L. Freed (exhibit A); declaration of David Vann De Cordove, Jr.; certificate of service - [434-1] [402-1] in 1:02-cv-00093, in [431-1] in 1:02-cv-00272 (lmg)
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|
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| 436 |
Filed: 2/14/2005, Entered: 2/15/2005 |
Memorandum in Opposition to Motion |
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OPPOSITION by Marisco, Ltd.'s to Kiribati Seafood Co., LLC's STATEMENT OF APPEAL FROM MAGISTRATE'S ORDER (minutes issued on January 24. 2005) [423-2] in 1:02-cv-00093, [420-1] 1:02-cv-00272 (lmg)
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|
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| 437 |
Filed: 2/17/2005, Entered: 2/18/2005 |
Memorandum in Opposition to Motion |
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Marisco, Ltd.'s SUBMISSION OF ADDITIONAL PROOF re attorneys' fees and costs incurred in successful prosecution of its motion for order compelling compliance with prior discovery orders and/or for alternative relief; declaration of Leslie C. Maharaj (exhibit A); certificate of service in 1:02-cv-00093 [435-1], [432-1] in 1:02-cv-00272 (lmg)
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|
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| 438 |
Filed: 2/22/2005, Entered: 2/23/2005 |
Affidavit |
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AFFIDAVIT of John Fitzgerald; Marisco, Ltd.'s submission of additional proof re attorneys' fees and costs incurred in successful prosecution of its motion for order compelling compliance with prior discovery orders and/or for alternative relief; certificate of service - [435-1] in 1:02-cv-00093, re [432-1] in 1:02-cv-00272 - on behalf of plaintiff (lmg)
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|
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| 439 |
Filed: 2/24/2005, Entered: 2/24/2005 |
Order |
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ORDER granting Marisco, Ltd's motion for order compelling compliance with prior discovery orders and/or for alternative relief [402-1] in 1:02-cv-00093, 1:02-cv-00272 - on behalf of plaintiff (lmg)
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|
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| 440 |
Filed: 2/24/2005, Entered: 2/25/2005 |
Minutes - Miscellaneous |
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EO : ;Status conference [consolidated with CV 02-00272ER-LEK] set for 9:30 2/25/05 before Judge Edward Rafeedie ( Ct Rptr : ) JUDGE Judge Edward Rafeedie (lmg)
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|
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| 441 |
Filed: 2/24/2005, Entered: 2/25/2005, Terminated: 2/25/2005 |
Memorandum in Opposition to Motion |
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Marisco, Ltd.'s OPPOSITION to Kiribati Seafood Co., LLC's application for extension of time to serve supplemental production of documents, ex parte application for emergency grace period, and request to treat as non-hearing motion lodged February 24, 2005; certificate of service [application for extension of time not received by docketer] opposition (lmg)
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|
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| 442 |
Filed: 2/25/2005, Entered: 2/25/2005 |
Ex Parte Motion and order |
|
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APPLICATION by Kiribati Seafood Co., L.L.C.'s for extension of time to serve supplemental privilege log and supplemental production of documents, EX PARTE application for emergency grace period, and request to treat as non-hearing motion; declaration of Emily Reber Porter; exhibit A; ORDER by Mag Judge Leslie E. Kobayashi - granting Kiribati Seafood Co., L.L.C's application for extension of time to serve supplemental privilege log and supplemental production of documents, ex parte application for emergency grace period, and request to treat as non-hearing motion; certificate of service - [441-1] in 1:02-cv-00093, [438-1] in 1:02-cv-00272 (lmg)
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|
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| 443 |
Filed: 2/25/2005, Entered: 2/28/2005 |
Response/Reply - Miscellaneous |
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OBJECTIONS by Kiribati Seafood Company, LLC's to "Marisco, Ltd.'s submission of proof re attorneys' fees and costs incurred in successful prosecution of its motion for order compelling compliance with prior discovery orders and/or for alternative relief, filed February 11, 2005, and "Marisco, Ltd.'s submission of additional proof re attorneys' fees and costs incurred in successful prosecution of its motion for order compelling compliance with prior discovery orders and/or for alternative relief," filed February 22, 2005; declaration of Emily Reber Porter; exhibits A-C; certificate of service - [435-1] in 1:02-cv-00093, to [432-1] in 1:02-cv-00272 (lmg)
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|
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| 448 |
Filed: 2/25/2005, Entered: 3/4/2005 |
Minutes - Miscellaneous |
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|
EP: Status Conference- Non Jury Trial-July 06, 2005 @9:00 a.m. before Judge Rafeedie. As to Motions in Limine-Counsel are to file a request for leave to file a Motion in Limine by June 01, 2005. As to Trial Exhibits-Each Witness that will be testifying is to have individual Notebooks containing the Exhibits that pertain to that Witness only. Court will rule on Defendant-Kiribati Seafood Co.'s Statement of Appeal from Magistrate's Order dated January 24, 2005. Court will address the outstanding Motions' for Summary Judgment after the Ruling on Kiribati Seafood Co.'s Statement of Appeal. All other Scheduling Deadlines from the Amended Rule 16 Scheduling Order filed on January 18, 2005 are to remain unchanged. re [432-1], [427-1], [429-1], [418-1], [415-1], [412-1] [410-1], [409-1] in 1:02-cv-00093, re [429-1], [424-1], [426-1], [415-1], [412-1], [407-1], [406-1] in 1:02-cv-00272 (Ct Rptr: Debra Chun) JUDGE Judge Edward Rafeedie (afc)
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| 444 |
Filed: 2/28/2005, Entered: 3/1/2005 |
Order |
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ORDER by Judge David A. Ezra Case assigned to Judge Edward Rafeedie (cc: Judge Edward Rafeedie, Magistrate Judge Leslie E. Kobayashi, CRMS-Leslie Sai/Warren Nakamura, all parties of record) (lmg)
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|
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| 445 |
Filed: 2/28/2005, Entered: 3/1/2005 |
Certificate of Service |
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CERTIFICATE of service by defendant Kiribati Seafood Co. in 1:02-cv-00093, 1:02-cv-00272 (lmg)
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|
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| 446 |
Filed: 2/28/2005, Entered: 3/1/2005 |
Certificate of Service |
|
Amended CERTIFICATE of service by plaintiff in 1:02-cv-00093, in 1:02-cv-00272 (lmg)
|
|
|
| 447 |
Filed: 2/28/2005, Entered: 3/1/2005 |
Reply |
|
Marisco, Ltd.'s REPLY to Kiribati Seafood, Ltd.'s February 25, 2005 opposition to Marisco, Ltd.'s submission of proof re attorneys' fees and costs incurred in successful prosecution of its motion for order compelling compliance with prior discovery orders and/or for alternative relief, and Marisco, Ltd.'s submission of additional proof attorneys' fees and costs incurred in successful prosecution of its motion for order compelling compliance with prior discovery orders and/or for alternative relief; certificate of service third-party plaintiff Marisco Co., Ltd. in 1:02-cv-00272 re [443-1] in 1:02-cv-00093, re [440-1] in 1:02-cv-00272 (lmg)
|
|
|
| 449 |
Filed: 3/2/2005, Entered: 3/4/2005 |
Order |
|
|
ORDER by Judge Edward Rafeedie - court declines to set aside the Magistrate Judge's order and will permit Marisco's motions for SJ filed before the 02-0-205 deadline to go forward [432-1] in 1:02-cv-00093, [429-1] in 1:02-cv-00272 (cc: all counsel) (afc)
|
|
|
| 450 |
Filed: 3/4/2005, Entered: 3/7/2005 |
Order |
|
|
ORDER awarding attorneys' fees and costs - by Mag Judge Leslie E. Kobayashi - this court awards Marisco attorneys' fees and costs; an order was issued granting Marisco's motion to compel ("order") on 02/24/05; this court further ordered that Marisco be awarded reasonable attorneys' fees and costs for having to bring the motion to compel re [402-1] [447-1] in 1:02-cv-00093,re [399-1] [432-1] in 1:02-cv-00272, (cc: all parties of record) (lmg)
|
|
|
| 451 |
Filed: 3/7/2005, Entered: 3/8/2005 |
Miscellaneous Document |
|
|
Stipulation for withdrawal and SUBSTITUTION of counsel and pro hac admission of Dennis M. Moran for International Specialty Inc. as authorized agents for National Casualty Co. and ORDER {approved and so ordered by Magistrate Judge Leslie E. Kobayashi}; exhibits A-B - terminating attorney Richard C. Wootton for Internat'l Specialty in 1:02-cv-00272, 1:02-cv-00093 and substituting attorney Dennis M. Moran, Esq. as counsel for ISI, and John R. Lacy, Esq., Emily Reber Porter, Esq., as local counsel for ISI - on behalf of defendant Kiribati Seafood Co. (lmg)
|
|
|
| 452 |
Filed: 3/10/2005, Entered: 3/15/2005 |
Certificate of Service |
|
CERTIFICATE of service by defendant in 1:02-cv-00093, defendant in 1:02-cv-00272 (lmg)
|
|
|
| 453 |
Filed: 3/17/2005, Entered: 3/18/2005 |
Certificate of Service |
|
CERTIFICATE of service by plaintiff in 1:02-cv-00093, in 1:02-cv-00272 (lmg)
|
|
|
| 454 |
Filed: 3/17/2005, Entered: 3/18/2005 |
Memorandum in Opposition to Motion |
|
OPPOSITION by plaintiff Marisco, Ltd.'s to Kiribati Seafood Co., LLC's motion for summary judgment re subrogation claim and third-party complaint [363-1] in 1:02-cv-00093, [424-1] in 1:02-cv-00272 (lmg)
|
|
|
| 455 |
Filed: 3/17/2005, Entered: 3/18/2005 |
Miscellaneous Document |
|
STATEMENT by plaintiff Marisco's of genuine issues of material fact in dispute re Kiribati Seafood Co., LLC's motion for summary judgment re subrogation claim and third-party complaint; list of exhibits in support of Marisco's statement of genuine issues of material fact in dispute re Kiribati Seafood Co., LLC's motion for summary judgment re subrogation claim and third-party complaint; declaration of counsel (exhibits 1-22); declaration of Oliver Ui (exhibit A) [363-1] in 1:02-00093, [424-1] in 1:02-cv-00272 (lmg)
|
|
|
| 456 |
Filed: 3/17/2005, Entered: 3/18/2005 |
Memorandum in Opposition to Motion |
|
OPPOSITION by plaintiff Marisco, Ltd.'s to Kiribati Seafood Co., LLC's motion for partial summary judgment re pleaded defenses and un-pleaded affirmative defenses [429-1] in 1:02-cv-00093 [426-1] in 1:02-cv-00272 (lmg)
|
|
|
| 457 |
Filed: 3/17/2005, Entered: 3/18/2005 |
Certificate of Service |
|
CERTIFICATE of service by plaintiff in 1:02-cv-00093 in 1:02-cv-00272 (lmg)
|
|
|
| 458 |
Filed: 3/17/2005, Entered: 3/18/2005 |
Miscellaneous Document |
|
CONCISE STATEMENT by plaintiff Marisco, Ltd.'s of genuine issues of material fact that preclude granting KSC's motion for summary judgment on pleaded defenses and un-pleaded affirmative defenses; table of exhibits; declaration of counsel (exhibits 1-26), [429-1] in 1:02-cv-00093, [426-1] in 1:02-cv-00272 (lmg)
|
|
|
| 459 |
Filed: 3/17/2005, Entered: 3/18/2005 |
Memorandum in Opposition to Motion |
|
OPPOSITION by defendant Kiribati Seafood Company, LLC's and International Specialty, Inc.'s to Marisco, Ltd.'s motion for summary judgment re tort claim, punitive damages, and damages from Tahiti Casualty, filed January 19, 2005; certificate of service [409-1] in 1:02-cv-00093, [406-1] in 1:02-cv-00272 (lmg)
|
|
|
| 460 |
Filed: 3/17/2005, Entered: 3/18/2005 |
Memorandum in Opposition to Motion |
|
OPPOSITION by defendant Kiribati Seafood Company, LLC's and International Specialty, Inc.'s to Marisco, Ltd.'s motion for summary judgment - economic loss, filed on January 19, 2005; certificate of service [418-1] in 1:02-cv-00093, [415-1] in 1:02-cv-00272 (lmg)
|
|
|
| 461 |
Filed: 3/17/2005, Entered: 3/18/2005 |
Memorandum in Opposition to Motion |
|
OPPOSITION by defendant Kiribati Seafood Company, LLC's and International Specialty, Inc.'s to Marisco, Ltd.'s motion for summary judgment - intervening, superceding cause and lack of proximate cause, filed January 19, 2005; certificate of service [410-1] in 1:02-cv-00093, [407-1] in 1:02-cv-00272 (lmg)
|
|
|
| 462 |
Filed: 3/17/2005, Entered: 3/18/2005 |
Miscellaneous Document |
|
Separate CONCISE STATEMENT of facts in support of Kiribati Seafood Co., LLC's and International Specialty, Inc.'s opposition to Marisco Ltd.'s motion for summary judgment - intervening, superceding cause and lack of proximate cause, filed January 19, 2005; declaration of Emily Reber Porter; exhibit A; certificate of service [410-1] in 1:02-cv-00093, [407-1] in 1:02-cv-00272 (lmg)
|
|
|
| 463 |
Filed: 3/17/2005, Entered: 3/18/2005 |
Memorandum in Opposition to Motion |
|
OPPOSITION by defendant Kiribati Seafood Company, LLC's and International Specialty, Inc.'s to Marisco, Ltd.'s motion for summary judgment - KSC's damages if any, are limited to charter hire net of expenses, filed January 19, 2005; certificate of service [415-1] in 1:02-cv-00093, [412-1] in 1:02-cv-00272 (lmg)
|
|
|
| 464 |
Filed: 3/17/2005, Entered: 3/18/2005 |
Miscellaneous Document |
|
Separate CONCISE STATEMENT of facts in support of Kiribati Seafood Co., LLC's and International Specialty, Inc.'s opposition to Marisco Ltd.'s motion for summary judgment - economic loss, filed on January 19, 2005; declaration of Emily Reber Porter; exhibit A; certificate of service [418-1] in 1:02-cv-00093, [415-1] in 1:02-cv-00272 (lmg)
|
|
|
| 465 |
Filed: 3/23/2005, Entered: 3/24/2005 |
Reply |
|
Marisco, Inc.'s REPLY to KSC's Opposition to Motion for Summary Judgment Re: Tort Claim, Punitive Damages, Repair Costs and Damage From The Tahiti incident; Certificate of Service re [459-1], re [456-1] (gs)
|
|
|
| 466 |
Filed: 3/24/2005, Entered: 3/28/2005 |
Reply |
|
Marisco, Inc.'s REPLY to KSC's Opposition to Motion for Summary Judgment Re: KSC Chartered out the Madee So Lost Profits are Limited to Lost Charter Hire net of expenses re [463-1] in 1:02-cv-00093, re [460-1] in 1:02-cv-00272 (gs)
|
|
|
| 467 |
Filed: 3/24/2005, Entered: 3/28/2005 |
Reply |
|
Marisco's REPLY to KSC's Opposition to Motion for Summary Judgment Re: Economic Lossess (Robins Dry Dock) and Doctrive of Constructive total loss re [460-1] in 1:02-cv-00093, re [457-1] in 1:02-cv-00272 (gs)
|
|
|
| 468 |
Filed: 3/24/2005, Entered: 3/28/2005 |
Reply |
|
Marisco, LTD's REPLY to Kiribati Seafood Co., LLC's Opposition to Marisco's Motion for Summary Judgment - Intervening, Superceding Cause and Lack of Proximate Cause re [461-1] in 1:02-cv-00093, re [458-1] in 1:02-cv-00272 (gs)
|
|
|
| 469 |
Filed: 3/24/2005, Entered: 3/28/2005 |
Miscellaneous Document |
|
Marisco, LTD's "Counter" Separate, Concise STATEMENT of Material facts Supporting its Reply to Kiribati Seafood Co., LLC's Concise Statement of Facts in Support of KSC's Opposition to Marisco's Motion for Summary Judgment - Intervening, Superceding Cause and Lack of Proximate Cause; Table of Exhibits; Declaration of Counsel (Exhibits A-B) [468-1] in 1:02-cv-00093, [465-1] in 1:02-cv-00272 (gs)
|
|
|
| 470 |
Filed: 3/24/2005, Entered: 3/28/2005 |
Miscellaneous Document |
|
Marisco's "Counter" Concise STATEMENT of facts; Table of Exhibits; Declaration of Counsel (Exhibits 1-6) [460-1] in 1:02-cv-00093, [457-1] in 1:02-cv-00272 (gs)
|
|
|
| 471 |
Filed: 3/24/2005, Entered: 3/28/2005 |
Certificate of Service |
|
CERTIFICATE of service by plaintiff Marisco, Ltd. in 1:02-cv-00093, defendant Marisco Co., Ltd. in 1:02-cv-00272 (gs)
|
|
|
| 472 |
Filed: 3/24/2005, Entered: 3/28/2005 |
Certificate of Service |
|
CERTIFICATE of service by plaintiff Marisco, Ltd. in 1:02-cv-00093, defendant Marisco Co., Ltd. in 1:02-cv-00272 (gs)
|
|
|
| 473 |
Filed: 3/24/2005, Entered: 3/28/2005 |
Certificate of Service |
|
CERTIFICATE of service by plaintiff Marisco, Ltd. in 1:02-cv-00093, defendant Marisco Co., Ltd. in 1:02-cv-00272 (gs)
|
|
|
| 474 |
Filed: 3/24/2005, Entered: 3/28/2005 |
Miscellaneous Document |
|
Separate and Concise STATEMENT in Support of Kiribati Seafood Company, LLC's Reply in Support of its Motion for Summary Judgment Re: Pleaded Defenses and Un-Pleaded Affirmative Defenses; Declaration of Emily Reber Porter; Exhibits A-E; Certificate of service [429-1] in 1:02-cv-00093, [426-1] in 1:02-cv-00272 (gs)
|
|
|
| 475 |
Filed: 3/24/2005, Entered: 3/28/2005 |
Reply |
|
Kiribati Seafood Company, LLC's REPLY in Support of its Motion for Summary Judgment Re: Pleaded Defenses and Un-Pleaded Affirmative Defenses; Certificate of Service re [456-1] in 1:02-cv-00093, re [453-1] in 1:02-cv-00272 (gs)
|
|
|
| 476 |
Filed: 3/24/2005, Entered: 3/28/2005 |
Miscellaneous Document |
|
Separate and Concise STATEMENT in Support of the Reply Memorandum in Support of Kiribati Seafood C., LLC's and International Specialty, Inc.'s Motion for Partial Summary Judgment as to (1) Subrogation Claim, (2) Third-Party Complaint; Declaration of Emily Reber Porter; Exhibits 1-5; Second Declaration of Nicholas Coscia; Certificate of Service [454-1] in 1:02-cv-00093, [451-1] in 1:02-cv-00272 (gs)
|
|
|
| 477 |
Filed: 3/24/2005, Entered: 3/28/2005 |
Minutes - Miscellaneous |
|
|
EO: The hearing date of April 04, 2005 as to the following listed Motions is hereby vacated- 1. Marisco, LTD's Motion for Summary Judgement RE: Tort Claim, Punitive Damages, and Damages from Tahiti Casualty. (Docket No. 409) 2. Marisco, LTD's Motion for Summary Judgement - Intervening, Superceding Cause and Lack of Proximate Cause. (Docket No. 410) 3. Marisco, LTD.'s Motion for Summary Judgment - Economic Loss. (Docket No. 418 4. Marisco, LTD.'s Motion for Summary Judgement - KSC's Damages, if any are Limited to Charter Hire Net of Expenses. (Docket No.415) 5. Kiribati Seafood Co., LLC's Motion for Partial Summary Judgment as to (1) Isi's Subrogation Claim, and (2) Marisco's Third-Party Complaint. (Docket No.427) 6. Kiribati Seafood Co., LLC's Motion for Partial Summary Judgment on Pleaded Defenses and Un-Pleaded Affirmative Defenses. (Docket No. 429) ISI Joinder in Kiribati Seafood Co., LLC's Motion for Partial Summary Judgement as to (1) ISI's Subrogation Claim, and (2) Marisco's Third-Party Complaint, Filed February 2, 2005. Court will take these Motions' under submission and will inform Counsel if a new hearing date will be assigned for these Motions' [427-1] [429-1] [418-1] [415-1] [410-1] [409-1] by Judge Edward Rafeedie (gs)
|
|
|
| 478 |
Filed: 3/24/2005, Entered: 3/28/2005 |
Reply |
|
REPLY Memorandum in Support of Kiribati Seafood Co., LLC's and International Specialty, Inc.'s Motion for Partial Summary Judgment as to (1) Subrogation Claim, and (2) Third-Party Complaint; Certificate of Service by defendant Kiribati Seafood Co. in 1:02-cv-00093, third-party defendant Kiribati Seafood in 1:02-cv-00272, plaintiff Internat'l Specialty in 1:02-cv-00272 re [427-1] in 1:02-cv-00093, re [424-1] in 1:02-cv-00272 (gs)
|
|
|
| 479 |
Filed: 3/30/2005, Entered: 3/30/2005 |
Errata |
|
Marisco, LTD's ERRATA Re: Marisco, LTD's Reply to Kiribati Seafood Co., LLC's Opposition to Marisco's Motion for Summary Judgment - Intervening, Superceding Cause and Lack of Proximate Cause, filed March 24, 2005; Certificate of Service to [468-1] in 1:02-cv-00093, to [465-1] in 1:02-cv-00272 (gs)
|
|
|
| 480 |
Filed: 4/7/2005, Entered: 4/8/2005, Terminated: 6/24/2005 |
Motion to Compel |
|
|
NOTICE OF MOTION and motion by plaintiff Marisco, Ltd.'s; Marisco, Ltd.'s second motion for order compelling compliance with prior discovery orders and/or for alternative relief, including Fed.R.Civ.P. 37(b)(2) sanctions ; memorandum in support of motion; declaration of counsel (exhibts 1-17) declaration of David Vann De Cordova, Jr. - hearing set for 3:30 5/10/05 in 1:02-cv-00093, in 1:02-cv-00272 before Mag Judge Leslie E. Kobayashi (lmg)
|
|
|
| 481 |
Filed: 4/7/2005, Entered: 4/8/2005 |
Certificate of Service |
|
CERTIFICATE of service by plaintiff in 1:02-cv-00093, in 1:02-cv-00272 (lmg)
|
|
|
| 482 |
Filed: 4/21/2005, Entered: 4/22/2005 |
Ex Parte Motion and order |
|
Kiribati's EX PARTE MOTION for short continuation of hearing date or, in the alternative, for short extension of opposition and reply deadlines; declaration of counsel; proposed Order granting Kiribati's ex parte motion for short continuation of hearing date or, in the alternative, for short extension of opposition and reply deadlines; certificate of service - in 1:02-cv-00093, in 1:02-cv-00272 (lmg)
|
|
|
| 483 |
Filed: 4/21/2005, Entered: 4/22/2005 |
Minutes - Miscellaneous |
|
|
EO: The Court received Kiribati Seafood Co., LLC and International Specialty, Inc.'s Ex Parte Motion for Short Continuation of the Hearing Date or, in the Alternative, for Short Extension of Opposition and Reply Deadlines submitted 4/21/05 Regarding: Marisco, Ltd.'s Second Motion for Order Compelling Compliance With Prior Discovery Orders and/or for Alternative Relief Including Fed.R.Civ.P. 37(b)(2) Sanctions which is set for 05/10/2005 03:30:00 PM before LEK. Kiribati's Ex Parte Motion is terminated. The Court hereby Vacates the hearing date for Marisco, Ltd.'s Second Motion for Order Compelling Compliance With Prior Discovery Orders and/or for Alternative Relief Including Fed.R.Civ.P. 37(b)(2) Sanctions and refers said Motion to Judge Edward Rafeedie for determination. cc: all counsel terminating [482-1] order in 1:02-cv-00093, 1:02-cv-00272 vacating hearing re motion for order compelling compliance with prior discovery orders and/or alternative relief, including Fed.R.Civ.P. 37(b)(2) sanctions [480-1] in 1:02-cv-00093, 1:02-cv-00272 referring to Judge Edward Rafeedie the motion for order compelling compliance with prior discovery orders and/or for alternative relief, including Fed.R.Civ.P. 37(b)(2) sanctions [480-1] in 1:02-cv-00093, 1:02-cv-00272 ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (lmg)
|
|
|
| 484 |
Filed: 5/16/2005, Entered: 5/18/2005 |
Minutes - Miscellaneous |
|
|
EO : Marisco, Ltd.'s Second Motion for Order Compelling Compliance With Prior Discovery Orders and/or for Alternative Relief Including Fed.R.Civ.P. 37(b)(2) Sanctions was referred to Judge Edward Rafeedie for determination. Judge Edward Rafeedie has referred said Motion back to Magistrate Judge Leslie E. Kobayashi for determination. Marisco, Ltd.'s Second Motion for Order Compelling Compliance With Prior Discovery Orders and/or for Alternative Relief Including Fed.R.Civ.P. 37(b)(2) Sanctions is set for 3:30 6/28/05 before Magistrate Judge Leslie E. Kobayashi. cc: all counsel setting hearing on motion for order compelling compliance with prior discovery orders and/or for alternative relief, including Fed.R.Civ.P. 37(b)(2) sanctions [480-1] in 1:02-cv-00093, 1:02-cv-00272 3:30 6/28/05 in 1:02-cv-00093, in 1:02-cv-00272 ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (lmg)
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|
|
| 485 |
Filed: 5/17/2005, Entered: 5/18/2005 |
Minutes - Miscellaneous |
|
|
EO : ; Final pretrial conference [consolidated with CV 02-00272ER-LEK] set for 5/24/05 9:00 AM is moved to 3:30 PM before Mag Judge Leslie E. Kobayashi ; cc: all counsel ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (lmg)
|
|
|
| 486 |
Filed: 5/17/2005, Entered: 5/18/2005 |
Miscellaneous Document |
|
PRETRIAL STATEMENT by plaintiff Marisco, Ltd.'s in 1:02-cv-00093, in 1:02-cv-00272 (lmg)
|
|
|
| 487 |
Filed: 5/17/2005, Entered: 5/18/2005 |
Certificate of Service |
|
CERTIFICATE of service by plaintiff in 1:02-cv-00093, in 1:02-cv-00272 (lmg)
|
|
|
| 488 |
Filed: 5/17/2005, Entered: 5/18/2005 |
Miscellaneous Document |
|
PRETRIAL STATEMENT by defendant Kiribati Seafood Company, LLLC's and International Specialty, Inc. as authorized agents for National Casualty Co.'s; exhibits A and B; certificate of service - in 1:02-cv-00093, in 1:02-cv-00272 (lmg)
|
|
|
| 489 |
Filed: 5/20/2005, Entered: 5/23/2005 |
Supplement |
|
SUPPLEMENTAL pretrial statement by plaintiff Marisco, Ltd. in 1:02-cv-00093, in 1:02-cv-00272 re statement [486-1] in 1:02-cv-00093, re statement [483-1] in 1:02-cv-00272 (lmg)
|
|
|
| 490 |
Filed: 5/20/2005, Entered: 5/23/2005 |
Certificate of Service |
|
CERTIFICATE of service by plaintiff Marisco, Ltd. in 1:02-cv-00093, in 1:02-cv-00272 (lmg)
|
|
|
| 491 |
Filed: 5/24/2005, Entered: 6/1/2005 |
Minutes - Miscellaneous |
|
|
EP : EP: Final Pretrial Conference held. Witnesses: Marisco - 14 live, 5 by other means (deposition), Kiribati - 15 total: 7 to 10 live, 5 to 7 by other means (deposition). Trial Days: Marisco - 3 to 4, Kiribati - 3 to 4. Exhibits: Marisco - 700 to 1200, Kirbati - 1 to 200. Motions in Limine - Marisco - 5, Kiribati - 5 ;Final pretrial conference held 5/24/05 before Mag Judge Leslie E. Kobayashi ( Ct Rptr : Courtroom 7 - no record) JUDGE Mag Judge Leslie E. Kobayashi(lmg) Modified on 07/11/2005
|
|
|
| 492 |
Filed: 6/1/2005, Entered: 6/2/2005 |
Request |
|
REQUEST by defendant Kiribati Seafood Company, LLC's for leave to file four motions In Limine; certificate of service - in 1:02-cv-00093, in 1:02-cv-00272 (lmg)
|
|
|
| 493 |
Filed: 6/1/2005, Entered: 6/2/2005 |
Motion for Miscellaneous Relief |
|
|
NOTICE OF MOTION and motion by plaintiff Marisco, Ltd.'s 1:02-cv-00093, in 1:02-cv-00272 for leave to file motions in limine ; certificate of service - cc Judge Edward Rafeedie (lmg)
|
|
|
| 494 |
Filed: 6/13/2005, Entered: 6/14/2005 |
Memorandum in Opposition to Motion |
|
Part 1 of exhibit A to Kiribati Seafood Company, LLC's and International Specialty, Inc.'s OPPOSITION to Marisco, Ltd's second motion for order compelling compliance with prior discovery orders and/or for alternative relief, including Fed.R.Civ.P. 37(b)(2) sanctions [480-1] - in 1:02-cv-00093, [477-1] in 1:02-cv-00272 (lmg)
|
|
|
| 495 |
Filed: 6/13/2005, Entered: 6/14/2005 |
Memorandum in Opposition to Motion |
|
Part 2 of exhibit A to Kiribati Seafood Company, LLC's and International Specialty, Inc.'s OPPOSITION to Marisco, Ltd's second motion for order compelling compliance with prior discovery orders and/or for alternative relief, including Fed.R.Civ.P. 37(b)(2) sanctions - [480-1] in 1:02-cv-00093, [477-1] in 1:02-cv-00272 (lmg)
|
|
|
| 496 |
Filed: 6/13/2005, Entered: 6/14/2005 |
Memorandum in Opposition to Motion |
|
Kiribati Seafood Company, LLC's and International Specialty, Inc.'s OPPOSITION to Marisco, Ltd.'s second motion for order compelling compliance with prior discovery orders and/or for alternative relief, including Fed.R.Civ.P. 37(b)(2) sanctions; declaration of Dennis M. Moran; exhibits A-C; certificate of service - [480-1] in 1:02-cv-00093, [477-1] in 1:02-cv-00272 (lmg)
|
|
|
| 497 |
Filed: 6/14/2005, Entered: 6/15/2005 |
Witness List |
|
Marisco, Ltd.'s trial WITNESS list - in 1:02-cv-00093, 1:02-cv-00272 (lmg)
|
|
|
| 498 |
Filed: 6/14/2005, Entered: 6/15/2005 |
Miscellaneous Document |
|
DESIGNATION of deposition by Kiribati Seafood Company, LLC's and International Specialty, Inc.'s; certificate of service - in 1:02-cv-00093, in 1:02-cv-00272 (lmg)
|
|
|
| 499 |
Filed: 6/14/2005, Entered: 6/15/2005 |
Miscellaneous Document |
|
Marisco, Ltd.'s deposition DESIGNATIONS - in 1:02-cv-00093, in 1:02-cv-00272 (lmg)
|
|
|
| 500 |
Filed: 6/14/2005, Entered: 6/15/2005 |
Witness List |
|
Comprehensive WITNESS list by Kiribati Seafood Company, LLC's and International Specialty, Inc.'s; certificate of service - in 1:02-cv-00093, 1:02-cv-00272 (lmg)
|
|
|
| 501 |
Filed: 6/16/2005, Entered: 6/20/2005 |
Miscellaneous Document |
|
|
WITHDRAWLAL AND SUBSTITUTION of counsel for plaintiff/defendant Marisco, Ltd.; consent of plaintiff/defendant Marisco, Ltd.; ORDER - by Magistrate Judge Leslie E. Kobayashi - approved and so ordered the withdrawal and substitution of counsel; terminating attorney Michael L. Freed for Marisco, Ltd. in 1:02-cv-00093, in 02-00272 and substituting attorney Richard B. Miller (lmg)
|
|
|
| 502 |
Filed: 6/16/2005, Entered: 6/20/2005 |
Miscellaneous Document |
|
STATEMENT of no opposition by defendant Kiribati Seafood Co., and International Specialty, Inc.'s to plaintiff Marisco Ltd.'s ex parte motion to supplement exhibit list; certificate of service - in 1:02-cv-00093,1:02-cv-00272 (lmg)
|
|
|
| 503 |
Filed: 6/17/2005, Entered: 6/20/2005 |
Description not available |
|
Submission of original DECLARATION of Dennis M. Moran in support of Kiribati Seafood Company, LLC's and International Specialty, Inc.'s opposition to Marisco, Ltd.'s second motion for order compelling compliance with prior discovery orders and/or for alternative relief including Fed.R.Civi.P 37(b)(2) sanctions, filed on June 13, 2005; certificate of service in 1-02-cv-00093, in 1-02-cv00272 [480-1] [477-1] - on behalf of defendant Kiribati Seafood (lmg)
|
|
|
| 504 |
Filed: 6/17/2005, Entered: 6/20/2005 |
Reply |
|
REPLY by Marisco, Ltd.'s to Kiribati Seafood Co., LLC's opposition to Marisco, Ltd's second motion for order compelling compliance with prior discovery orders and/or for alternative relief, including Fed.R.Civ.P. 37(b)(2) sanctions declaration of counsel (exhibits A-E); certificate of service - re [480-1] in 1:02-cv-00093, re [477-1] in 1:02-cv-00272 (lmg)
|
|
|
| 505 |
Filed: 6/21/2005, Entered: 6/21/2005 |
Response/Reply - Miscellaneous |
|
OBJECTIONS by plaintiff Marisco, Ltd.'s to Kiribati Seafood Co., LLC's deposition designations; certificate of service - [498-1] in 1:02-cv-00093, [495-1] in 1:02-cv-00272 (lmg)
|
|
|
| 506 |
Filed: 6/21/2005, Entered: 6/23/2005 |
Proposed Findings of Fact |
|
PROPOSED FINDINGS of fact and conclusions of law; certificate of service - submitted by plaintiff Marisco, Ltd. in 1:02-cv-00093, defendant Marisco Co., Ltd. in 1:02-cv-00272 (afc)
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|
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| 507 |
Filed: 6/21/2005, Entered: 6/23/2005 |
Trial Brief |
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TRIAL brief; certificate of service - submitted by plaintiff Marisco, Ltd. in 1:02-cv-00093, defendant Marisco Co., Ltd. in 1:02-cv-00272 (afc)
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|
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| 508 |
Filed: 6/21/2005, Entered: 6/23/2005 |
Trial Brief |
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TRIAL brief; certificate of service - submitted by defendant Kiribati Seafood Co. in 1:02-cv-00093, plaintiff Internat'l Specialty in 1:02-cv-00272 (afc)
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|
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| 509 |
Filed: 6/21/2005, Entered: 6/23/2005 |
Response/Reply - Miscellaneous |
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OBJECTIONS to Marisco's trial exhibit list; certificate of service - by defendant Kiribati Seafood Co. in 1:02-cv-00093, third-party defendant Kiribati Seafood in 1:02-cv-00272 (afc)
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|
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| 510 |
Filed: 6/21/2005, Entered: 6/23/2005 |
Memorandum in Opposition to Motion |
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OPPOSITION to Marisco, Ltd.'s motions in limine [lodged June 14, 2005]; declaration of Dennis M. Moran; certificate of service - by defendant Kiribati Seafood Co. in 1:02-cv-00093, plaintiff Internat'l Specialty in 1:02-cv-00272 (afc)
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|
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| 511 |
Filed: 6/21/2005, Entered: 6/23/2005 |
Miscellaneous Document |
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DEPOSITION COUNTER-DESIGNATIONS; certificate of service - by defendant Kiribati Seafood Co. in 1:02-cv-00093, plaintiff Internat'l Specialty in 1:02-cv-00272 (afc)
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|
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| 512 |
Filed: 6/21/2005, Entered: 6/23/2005 |
Proposed Findings of Fact |
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PROPOSED FINDINGS of fact and conclusions of law; certificate of service - submitted by defendant Kiribati Seafood Co. in 1:02-cv-00093, plaintiff Internat'l Specialty in 1:02-cv-00272 (afc)
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| 514 |
Filed: 6/21/2005, Entered: 6/23/2005 |
Response/Reply - Miscellaneous |
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OBJECTIONS by plaintiff Marisco, Ltd. in 1:02-cv-00093, defendant Marisco Co., Ltd. in 1:02-cv-00272 to certain exhibits of Kiribati Seafood Co., LLC and International Specialty, Inc.; certificate of service (afc)
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|
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| 513 |
Filed: 6/22/2005, Entered: 6/23/2005 |
Miscellaneous Document |
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|
EX PARTE MOTION by plaintiff Marisco, Ltd. in 1:02-cv-00093, defendant Marisco Co., Ltd. in 1:02-cv-00272 to supplement support for Marisco, Ltd.'s second motion for order compelling compliance with prior discovery orders and/or for alternative relief, including FRCP 37(B)(2) and sanctions [480-1] in 1:02-cv-00093, [477-1] in 1:02-cv-00272 ; declaration of counsel (exhibits A-C); order; certificate of service - referred to Mag Judge Leslie E. Kobayashi (afc) Modified on 07/05/2005
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|
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| 515 |
Filed: 6/24/2005, Entered: 6/27/2005 |
Ex Parte Motion and order |
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|
EX PARTE MOTION to shorten time for hearing of Marisco, Ltd.'s non-hearing motion to strike Kiribati Seafood Co., LLC's untimely opposition to Marisco. Ltd.'s second motion for order compelling compliance with prior discovery orders and/or for alternative relief, including fed.r.civ.p. 37(B)(2) sanctions; Order; certificate of service - by Judge Edward Rafeedie - DENYING plaintiff's ex parte motion to shorten time for hearing of Marisco, Ltd.'s non-hearing motion to strike Kiribati Seafood Co., LLC's untimely opposition to Marisco, Ltd.'s second motion for order compelling complaince [513-2] in 1:02-cv-00093, 1:02-cv-00272 (lmg)
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|
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| 516 |
Filed: 6/24/2005, Entered: 6/27/2005 |
Motion to Strike |
|
|
NOTICE OF NON-HEARING MOTION by plaintiff in 1:02-cv-00093, in 1:02-cv-00272 to strike Kiribati Seafood Co., LLC's untimely opposition to Marisco, Ltd.'s second motion for order compelling compliance with prior discovery orders and/or for alternative relief, including Fed.R.Civ.P. 37(B)(2) sanctions - referred to Judge Edward Rafeedie (lmg)
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|
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| 517 |
Filed: 6/24/2005, Entered: 6/27/2005 |
Order |
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|
ORDER re motions in limine - by Judge Edward Rafeedie - the court GRANTS Kiribati leave to file the following motions in limine: to exclude evidence of insurance proceeds paid to Kiribati under the port risk policy and Kiribati's disposition of these proceeds; to exclude evidence of work performed by Marsico unrelated to the rudder repair; Kiribati's other requests for leave to file are DENIED; the court GRANTS Marisco leave to file the following motions in limine - to exclude evidence from a marine survery of Greg Thurston; to exclude testimony and the report of nature resource consultants on Daubert grounds; Marisco's other requests for leave to file are DENIED; parties shall file and serve the motions by 06/28/05; any oppositions shall be filed and service by 07/01/05 (cc: all counsel/ and as directed) (lmg)
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|
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| 518 |
Filed: 6/24/2005, Entered: 6/27/2005 |
Minutes - Miscellaneous |
|
|
EO : COURT ACTION: EO: ORDER DENYING MARISCO, LTD.'S SECOND MOTION FOR ORDER COMPELLING COMPLIANCE WITH PRIOR DISCOVERY ORDERS AND/OR FOR ALTERNATIVE RELIEF INCLUDING FED. R. CIV. P. 37(B)(2) SANCTIONS, FILED APRIL 7, 2005 On April 7, 2005, Plaintiff Marisco, Ltd. ("Marisco") filed its Second Motion for Order Compelling Compliance with Prior Discovery Orders and/or for Alternative Relief Including Fed. R. Civ. P. 37(b)(2) Sanctions ("Motion to Compel") in this consolidated action. This matter is suitable for disposition without a hearing pursuant to LR7.2(d). After careful consideration of the parties' memoranda, the exhibits submitted in support and opposition, and the relevant case law, the Motion to Compel is hereby DENIED. In filing a motion to compel pursuant to Fed. R. Civ. P. 37, counsel for the moving party is required to certify that the parties have met and conferred in a good faith effort to resolve the dispute. See LR37.1(a)-(b). No certification has been provided here. The requirement to meet and confer should not be, and is not, taken lightly by the Court, particularly in cases (such as this one) where contentious discovery disputes have arisen on multiple occasions. Given the Court's order, Marisco's Ex Parte Motion to Supplement Support for Marisco, Ltd.'s Second Motion for Order Compelling Compliance with Prior Discovery Orders and/or for Alternative Relief Including Fed. R. Civ. P. 37(b)(2) Sanctions, filed June 22, 2005 is rendered moot. IT IS SO ORDERED. Cc: all counsel denying motion for order compelling compliance with prior discovery orders and/or for alternative relief, including Fed.R.Civ.P. 37(b)(2) sanctions [480-1] in 1:02-cv-00093, 1:02-cv-00272, [480-1] in [477-1] in [510-1] ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (lmg)
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|
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| 519 |
Filed: 6/24/2005, Entered: 6/27/2005 |
Minutes - Miscellaneous |
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|
EO : Marisco, Ltd.'s Second Motion for Order Compelling Compliance With Prior Discovery Orders and/or for Alternative Relief Including Fed.R.Civ.P. 37(b)(2) Sanctions [Consolidated with CV 02-00272ER-LEK] set for 06/28/2005 03:30:00 PM before LEK is Vacated. re [480-1] in 1:02-cv-00093, 1:02-cv-00272 cc: al counsel ( Ct Rptr : C7 CD) JUDGE Mag Judge Leslie E. Kobayashi (lmg)
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|
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| 520 |
Filed: 6/27/2005, Entered: 6/27/2005 |
Minutes - Miscellaneous |
|
|
EO : Plaintiff Marisco, Ltd. ("Marisco") Second Motion for Order Compelling Compliance with Prior Discovery Orders and/or for Alternative Relief Including Fed. R. Civ. P. 37(b)(2) Sanctions filed 4/7/05 was disposed of by the Court on 6/24/05. Plaintiff's Motion to Strike Kiribati Seafood Co., LLC's Untimely Opposition to Marisco, Ltd.'s Second Motion for Order Compelling Compliance with Prior Discovery Orders and/or for Alternative Relief Including Fed. R. Civ. P. 37(b)(2) Sanctions filed 6/24/05 is now moot and terminated. re [516-1] Cc: all counsel compliance with prior discovery orders and/or for alternative relief, including 37(B)(2) sanctions in 1:02-cv-00093, 1:02-cv-00272 ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (lmg)
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|
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| 521 |
Filed: 6/28/2005, Entered: 6/29/2005 |
Motion in Limine |
|
|
NOTICE OF MOTION by Kiribati Seafood Company, LLC's and International Specialty, Inc.'s motions in limine ; declaration of Dennis M. Moran; certificate of service - referred to Judge Edward Rafeedie (lmg)
|
|
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| 522 |
Filed: 6/28/2005, Entered: 6/29/2005 |
Motion in Limine |
|
|
NOTICE OF MOTION by Marisco, Ltd. in limine to exclude testimony and report of natural resource consultants, Inc. - referred to Judge Edward Rafeedie (lmg)
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|
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| 523 |
Filed: 6/29/2005, Entered: 6/29/2005, Terminated: 7/5/2005 |
Motion in Limine |
|
|
NOTICE OF MOTION by Marisco, Ltd. in limine to exclude testimony and July 19, 2002 marine survey of Greg M. Thurston - referred to Judge Edward Rafeedie (lmg)
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|
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| 524 |
Filed: 6/29/2005, Entered: 7/1/2005 |
Order |
|
|
Disposition of motions for summary judgment; ORDER by Judge Edward Rafeedie - the court (1) grant in part, an ddeny in part Marisco's motion for summary judgment re tort claim, punitive damages, and damages from Tahiti Casualty [409-1] in 1:02-cv-00093, 1:02-cv-00272; (2) grant Marrisco's motion for summary judgment - intervening, superceding cause and lack of proximate cause [410-1] in 1:02-cv-00093, 1:02-cv-00272; (2) deny Marisco's motion for summary judgment - KSC's damages if any, are limited to charter hire net of expenses [412-1] in 1:02-cv-00272; 1:02-cv-00093 deny Marisco's motion for summary judgment - economic loss [418-1] in 1:02-cv-00093, 1:02-cv-00272; (5) deny Kiribati's motion for partial summary judgment as to (1) Isi's subrogation claim, and (2) Marisco's third-party complaint [427-1] in 1:02-cv-00093, 1:02-cv-00272; (6) deny Kiribati's motion for partial summary judgment on pleaded defenses and un-pleaded affirmative defenses [429-1] in 1:02-cv-00093, in 1:02-00272 (cc: all parties of record and as directed) (lmg)
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|
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| 525 |
Filed: 7/1/2005, Entered: 7/5/2005 |
Memorandum in Opposition to Motion |
|
Kiribati Seafood Company, LLC's and International Specialty, Inc.'s OPPOSITION to Marisco, Ltd.'s motion in limine to exclude testimony and July 19, 2002 Marine Survey of Greg M. Thurston; declaration of Dennis M. Moran; exhibits A-C; certificate of service [520-1] in 1:02-cv-00093, in 1:02-cv-00272 (lmg)
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|
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| 526 |
Filed: 7/1/2005, Entered: 7/5/2005, Terminated: 7/5/2005 |
Motion for Reconsideration |
|
|
NOTICE OF non-hearing MOTION; Kiribati Seafood Company, LLC's motion for partial reconsideration of the disposition of motions for summary judgment issued on June 29, 2005 ; memorandum in support of motion; declaration of Emily Reber Porter; exhibits A-E; certificate of service [524-1] in 1:02-cv-00093, 1:02-cv-00272 - referred to Judge Edward Rafeedie (lmg)
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|
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| 527 |
Filed: 7/1/2005, Entered: 7/5/2005 |
Memorandum in Opposition to Motion |
|
Kiribati Seafood Company, LLC's OPPOSITION to Marisco, Ltd.'s Fed. R. Evid. 104(a) motion in limine to exclude testimony and report of natural resource consultants, Inc.; declaration of Dennis M. Moran; exhibits A-C; certificate of service [522-1] in 1:02-cv-00093, [519-1] in 1:02-cv-00272 (lmg)
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|
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| 528 |
Filed: 7/1/2005, Entered: 7/5/2005 |
Memorandum in Opposition to Motion |
|
Marisco, Ltd.'s OPPOSITION to KSC's motion in limine to exclude evidence relating to work performed by Marsico on the F/V Madee that was unrelated to the rudder repair; declaration of counsel (exhibit A); certificate of service - in 1:02-cv-00093, in 1:02-cv-00272 (lmg)
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|
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| 529 |
Filed: 7/1/2005, Entered: 7/5/2005 |
Memorandum in Opposition to Motion |
|
Marisco, Ltd.'s OPPOSITION to KSC's motion in limine to exclude evidence of insurance proceeds paid to Kiribati under the port risk policy underwritten by Lloyds, and Kiribati's disposition of these proceeds; certificate of service - in 1:02-cv-00093, in 1:02-cv-00272 (lmg)
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|
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| 530 |
Filed: 7/5/2005, Entered: 7/7/2005 |
Order |
|
|
DISPOSITION of pre-trial motions; statement of issues; ORDER by Judge Edward Rafeedie - denying motion reconsideration [526-1] in 1:02-cv-00093, 1:02-cv-00272denying motion [523-1] in 1:02-cv-00093, 1:02-cv-00272, denying motion [519-1] in 1:02-cv-00272, 1:02-cv-00093denying motion [521-1] in 1:02-cv-00093, 1:02-cv-00272 (cc: all counsel and as directed) (lmg)
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| 533 |
Filed: 7/6/2005, Entered: 7/22/2005 |
Minutes - Miscellaneous |
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|
EP : Non Jury Trial (1st Day)-Kurt Oschner-Representative for Kiribati Seafood Co., LLC and International Specialty, Inc. and Alfred Anawati-Representative Marisco are present. Opening Statements on behalf of Marisco Ltd and Kiribati Seafood-International Specialty, Inc. Plaintiff Witnesses-Alfred Anawati-CST and Ben Solaita-CST Plaintiff Marisco, Ltd. Exhibits-813 and 832-Admitted. Plaintiff Rested. Defendant/CounterClaimant/Third-Party Defendant Kiribati Seafood Co., LLC and Plaintiff International Specialty, Inc.'s Witnesses-Gary L. (Skip) Naftel-CST, Susan Goheen-CST, Kurt Oschner-CST and Larry Crovo-CST. Defendant / CounterClaimant / Third-Party Defendant Kiribati Seafood Co., LLC and Plaintiff International Specialty, Inc.'s Exhibits-1 thru 22, 48, 49, 50, 51, 52 & 223-Admitted. Further Non Jury Trial (2nd Day) continued to July 07, 2005 @9:00 a.m. before this Court. ( Ct Rptr : Stephen Platt) JUDGE Judge Edward Rafeedie (eps)
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|
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| 534 |
Filed: 7/7/2005, Entered: 7/22/2005 |
Minutes - Miscellaneous |
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|
EP : Further Non Jury Trial- (2nd Day) - Kurt Oschner - Representative for Kiribati Seafood Co., LLC and International Specialty, Inc. And Alfred Anawati - Representative for Marisco are present. Defendant/CounterClaimant/Third Party Defendant Kiribati Seafood Co., LLC and Plaintiff International Specialty, Inc.'s Witnesses-Richard Carmack-CST and Steven Hughes-CST Defendant / CounterClaimant / Third Party Defendant Kiribati Seafood Co., LLC and Plaintiff International Specialty, Inc.'s Exhibit-63-Admitted. Defendant / CounterClaimant / Third Party Defendant Kiribati Seafood Co., LLC and Plaintiff International Specialty, Inc.'s Rested.Plaintiff's Rebuttal Witnesses - Gary L. Naftel -previously Sworn In and Alfred Anawati - previously Sworn In. Deposition Excerpts (Testimony) were provided to the Court as to Maruia Kamatie, David Lambourne, David Takabu, Nicholas Coscia, Kim Hansen, H. Gidwan, Jeffrey June, Alex Karp,, Michael Powell, John Scheleski, Richard Silloway, Tukabu Teroroko and John Wendt Both Parties have Rested. Closing Arguments on behalf of the Plaintiff and the Defendant. Further Non Jury Trial continued to July 08, 2005 @l0:00 a.m. before this Court. ( Ct Rptr : Stephen Platt) JUDGE Judge Edward Rafeedie (eps)
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|
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| 535 |
Filed: 7/8/2005, Entered: 7/22/2005 |
Minutes - Miscellaneous |
|
|
EP : Non Jury Trial (3rd Day) - Defendant's Representative-Kurt Oschner present. Court states for the record the Findings Fact Conclusions of Law - The Court Reporter is hereby ordered to prepare the transcript of this hearing which will be Filed copy of the Findings Fact Conclusions of Law that were orally stated for the record. Judgment - In Civil No. 02-93, Judgment is ordered and entered in favor of Marisco, Ltd., and against Kiribati Seafood company in personam, and against F/V Madee, in rem, jointly and severally, in the sum of $404,829.08. Marisco is also entitled to pre-judgment interest at the rate of 10% per annum, from October 1, 2001 to the date of entry of judgment. Kiribati Seafood company shall take nothing by way of its counterclaim, and judgment shall be entered in favor of Marisco, and against Kiribati on the counter-claim. Marisco shall recover its costs. In Civil No. 02-272, Judgment is ordered and entered in favor of Plaintiff International Speciality, Inc., and against Marisco, Ltd., in the sum of $189,760.30. International Speciality is also entitled to pre-judgment interest at the rate of 10% per annum, from October 8, 2001. International Speciality shall recover its costs. Marisco, Ltd. Shall take nothing by way of its third-party complaint, and judgment shall be entered in favor of Kiribati Seafood Company, and against Marisco. Kiribati Seafood company shall recover its costs ( Ct Rptr : Stephen Platt) JUDGE Judge Edward Rafeedie (eps)
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| 536 |
Filed: 7/8/2005, Entered: 7/22/2005 |
Judgment |
|
|
JUDGMENT: In Civil No. 02-93, Judgment is ordered and entered in favor of Marisco, Ltd., and against Kiribati Seafood company in personam, and against F/V Madee, in rem, jointly and severally, in the sum of $404,829.08. Marisco is also entitled to pre-judgment interest at the rate of 10% per annum, from October 1, 2001 to the date of entry of judgment. Kiribati Seafood company shall take nothing by way of its counterclaim, and judgment shall be entered in favor of Marisco, and against Kiribati on the counter-claim. Marisco shall recover its costs. In Civil No. 02-272, Judgment is ordered and entered in favor of Plaintiff International Speciality, Inc., and against Marisco, Ltd., in the sum of $189,760.30. International Speciality is also entitled to pre-judgment interest at the rate of 10% per annum, from October 8, 2001. International Speciality shall recover its costs. Marisco, Ltd. Shall take nothing by way of its third-party complaint, and judgment shall be entered in favor of Kiribati Seafood Company, and against Marisco. Kiribati Seafood company shall recover its costs. by Judge Edward Rafeedie terminating case (cc: all counsel) (eps)
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|
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| 531 |
Filed: 7/18/2005, Entered: 7/19/2005, Terminated: 2/9/2006 |
Motion for New Trial |
|
|
NOTICE OF MOTION; Marisco, Ltd.'s motion for new trial on third-party claim ; memorandum in support of motion; certificate of service in 1:02-cv-00093, in 1:02-cv-00272 - referred to Judge Edward Rafeedie (lmg) Modified on 07/29/2005
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|
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| 532 |
Filed: 7/18/2005, Entered: 7/19/2005 |
Description not available |
|
BILL OF COSTS submitted by plaintiff Marisco, Ltd. in 1:02-cv-00093, in 1:02-cv-00272 (lmg)
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|
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| 537 |
Filed: 7/22/2005, Entered: 7/25/2005 |
Motion for New Trial |
|
|
NOTICE OF MOTION and motion by defendant Kiribati Seafood Co. in 1:02-cv-00093, in 1:02-cv-00272 for new trial ; memorandum in support; declaration of Lawrence Crovo; exhibits A-C; certificate of service - referred to Judge Edward Rafeedie (lmg)
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|
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| 538 |
Filed: 7/29/2005, Entered: 8/2/2005 |
Memorandum in Opposition to Motion |
|
|
OPPOSITION by defendant/counterclaimant/third-party defendant Kiribati Seafood Co. , plaintiff Internat'l Specialty in to Marisco Ltd's motion for new trial on third-party claim [531-1] [528-1] ; certificate of service - referred to Judge Edward Rafeedie (eps)
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|
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| 539 |
Filed: 7/29/2005, Entered: 8/2/2005 |
Response/Reply - Miscellaneous |
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OBJECTIONS by defendant/counter-claimant/third-party defendant Kiribati Seafood Co. , plaintiff Internat'l Specialty to Marisco, Ltd's Bill of Costs dated July 18, 2005; certificate of service - [532-1] [529-1] (eps)
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|
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| 540 |
Filed: 8/3/2005, Entered: 8/4/2005 |
Memorandum in Opposition to Motion |
|
OPPOSITION by Marisco, Ltd.'s to Kiribati Seafood Co., LLC's motion for new trial; certificate of service - [537-1] in 1:02-cv-00093, to motion for new trial [534-1] in 1:02-cv-00272 (lmg)
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|
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| 541 |
Filed: 8/3/2005, Entered: 8/4/2005 |
Reply |
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REPLY by Marisco, Ltd.'s to Kiribati Seafood Co., LLC's opposition to Marisco, Ltd.'s motion for new trial on third-party claim in the subrogation case - [537-1] in 1:02-cv-00093, re [534-1] in 1:02-cv-00272 (lmg)
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|
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| 542 |
Filed: 8/3/2005, Entered: 8/4/2005 |
Certificate of Service |
|
CERTIFICATE of service - by plaintiff in 1:02-cv-00093, in 1:02-cv-00272 (lmg)
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|
|
| -- |
Filed: 8/11/2005, Entered: 8/12/2005 |
Transcript |
|
ORIGINAL TRANSCRIPT filed volume 3 ( Ct Rptr Stephen B. Platt) taken on 07/08/05 (consol w/CV 02-272) (lmg)
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|
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| 543 |
Filed: 8/22/2005, Entered: 8/24/2005 |
Appeal - Miscellaneous |
|
NOTICE OF APPEAL; exhibit A; certificate of service - by defendant Kiribati Seafood Co. in 1:02-cv-00093, in 1:02-cv-00272 from Dist. Court decision in 1:02-cv-00093 [536-1], in 1:02-cv-00272 [533-2] (cc: all parties of record) (lmg)
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|
|
| -- |
Filed: 8/24/2005, Entered: 8/24/2005 |
USCA Appeal Fees |
|
RECEIVED re [543-1] in 1:02-cv-00093, re [540-1] in 1:02-cv-00272 fee in amount of $ 255.00 ( Receipt # 231121) by Kiribati Seafood (lmg)
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|
|
| -- |
Filed: 8/30/2005, Entered: 8/30/2005 |
Notice of Appeal |
|
NOTICE OF APPEAL and copy of docket sheet sent to 9th CCA [543-1] in 1:02-cv-00093, [540-1] in 1:02-cv-00272 (cc: all counsel) (lmg)
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|
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| -- |
Filed: 9/2/2005, Entered: 9/8/2005 |
USCA Appeal Fees |
|
RECEIVED re [544-1] in 1:02-cv-00093, re [541-1] in 1:02-cv-00272 fee in amount of $ 255.00 ( Receipt # 231315) (lmg)
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|
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| 544 |
Filed: 9/2/2005, Entered: 9/8/2005 |
Appeal - Miscellaneous |
|
NOTICE OF APPEAL by plaintiff Marisco, Ltd.'s; exhibit A; certificate of service - in 1:02-cv-00093, in 1:02-cv-00272 from Dist. Court decision in 1:02-cv-00093, in 1:02-cv-00272 [533-2] (: all counsel) (lmg)
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|
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| 545 |
Filed: 9/8/2005, Entered: 9/9/2005 |
Certificate of Service |
|
Amended CERTIFICATE of service by plaintiff in 1:02-cv-00093, in 1:02-cv-00272 (lmg)
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|
| -- |
Filed: 9/13/2005, Entered: 9/14/2005 |
Transcript |
|
ORIGINAL TRANSCRIPT volume 1 filed ( Ct Rptr Stephen B. Platt) taken on 07/06/05 (lmg)
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|
|
| -- |
Filed: 9/13/2005, Entered: 9/14/2005 |
Transcript |
|
ORIGINAL TRANSCRIPT volume 2 filed ( Ct Rptr Stephen B. Platt) taken on 07/07/05 (lmg)
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|
|
| -- |
Filed: 9/13/2005, Entered: 9/14/2005 |
Notice of Appeal |
|
NOTICE OF APPEAL and copy of docket sheet sent to 9th CCA [544-1] in 1:02-cv-00093, [541-1] in 1:02-cv-00272 (cc: all counsel) (lmg)
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|
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| -- |
Filed: 9/28/2005, Entered: 9/28/2005 |
Appeal - Miscellaneous |
|
NOTIFICATION by Circuit Court of Appellate Docket Number in 1:02-cv-00093, in 1:02-cv-00272 05-16823 (lmg)
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|
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| -- |
Filed: 10/11/2005, Entered: 10/11/2005 |
Appeal - Miscellaneous |
|
NOTIFICATION by Circuit Court of Appellate Docket Number in 1:02-cv-00093, in 1:02-cv-00272 is: 05-15823 (lmg)
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|
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| 546 |
Filed: 10/12/2005, Entered: 10/12/2005 |
Designation of Record on Appeal |
|
TRANSCRIPT DESIGNATION and Ordering Form for dates: July 6, 7, 8, 2005 by Stephen Platt, trial proceedings re [544-1] in 1:02-cv-00093, 1:02-cv-00272 (lmg)
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|
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| 547 |
Filed: 10/12/2005, Entered: 10/12/2005 |
Designation of Record on Appeal |
|
CERTIFICATE of Record Transmitted to 9th CCA in 1:02-cv-00093, in 1:02-cv-00272 (lmg)
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|
 549 |
Filed: 2/9/2006, Entered: 2/13/2006 |
Order on Motion for New Trial |
|
|
ORDER denying [531] Motion for New Trial, denying [537] Motion for New Trial . Signed by Judge EDWARD RAFEEDIE on 02/09/2006. [consolidated with CV 02-000272ER]. (bbb, )
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| 550 |
Filed: 2/22/2006, Entered: 2/22/2006 |
Notice (Other) |
|
NOTICE by Kiribati Seafood Co. L.L.C., Kiribati Seafood Co. L.L.C. -Amended Notice of Appeal for USCA No.: 05-16700- (Moran, Dennis)
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| -- |
Filed: 2/24/2006, Entered: 2/24/2006 |
Transmission of Notice of Appeal and Docket Sheet |
|
Transmission of the AMENDED Notice of Appeal and Docket Sheet to US Court of Appeals (consolidated with CV 02-00272ER-LEK)(cc: all parties of record)(lmg, )
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|
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| 551 |
Filed: 3/2/2006, Entered: 3/2/2006, Terminated: 3/16/2006 |
Motion to Withdraw as Attorney |
|
MOTION to Withdraw as Attorney ; Certificate of Service by Kiribati Seafood Co. L.L.C.. (Attachments: # (1) Exhibit 1)(Porter, Emily)
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| -- |
Filed: 3/6/2006, Entered: 3/7/2006 |
Corrective Entry |
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CORRECTIVE ENTRY. The entry docket number [552] Amended Document filed by Marisco, Ltd., was filed incorrectly in this case. Per phone call with Michael Freed's office, the wrong pdf was attached. The filing party will re-submit a corrected filing.. (ecs, )
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| 552 |
Filed: 3/6/2006, Entered: 3/6/2006 |
Amended Document |
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AMENDED DOCUMENT by Marisco, Ltd.. Amendment to [544] Appeal - Miscellaneous, Marisco, Ltd.'s Amended Notice of Appeal. (Attachments: # (1) Exhibit A# (2) Certificate of Service)(Freed, Michael) Modified on 3/7/2006 to remove incorrect pdf attached by Michael Freed's office, will refile.(ecs, ). Additional attachment(s) added on 3/7/2006 (bbb, ).
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Filed: 3/7/2006, Entered: 3/7/2006 |
Corrective Entry |
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CORRECTIVE ENTRY. The entry docket number [552] Amended Document filed by Marisco, Ltd., was filed incorrectly in this case. Exhibits A and B were incorrectly submitted as part of the Amended Notice of Appeal in one attachment. Exhibit A was properly submitted as a separate attachment. Exhibit B was missing and not separately attached. The filing party shall file exhibits as separate attachments in the future. No corrected filing needed.. (gab, )
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| 553 |
Filed: 3/7/2006, Entered: 3/7/2006 |
Amended Document |
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AMENDED DOCUMENT by Marisco, Ltd.. Amended Notice of Appeal. (Attachments: # (1) Exhibit A# (2) Certificate of Service)(Freed, Michael)
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| 554 |
Filed: 3/8/2006, Entered: 3/8/2006 |
Set Motion Deadlines/Hearings (inc F&R) |
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EO: Set Deadlines/Hearing as to [551] MOTION to Withdraw as Attorney ; Certificate of Service: Motion Hearing set for 3/29/2006 09:00 AM before JUDGE LESLIE E KOBAYASHI. (Judge LESLIE E KOBAYASHI )(wnn )
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Filed: 3/9/2006, Entered: 3/9/2006 |
Court's Certificate of Service |
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COURT'S CERTIFICATE of Service - a copy of [553] Amended Notice of Appeal Document has been served by First Class Mail to the addresses of record and 9CCA on 03/09/06. Registered Participants of CM/ECF received the document eletronically at the e-mail address listed on the Notice of Electronic Filing (NEF). [consolidated w/CV 02-00272ER-LEK] (lmg, )
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| 555 |
Filed: 3/9/2006, Entered: 3/9/2006 |
Statement of No Opposition |
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STATEMENT of No Opposition to Motion to Withdraw As Counsel for Defendant/Counterclaimant/Third Party Defendant Kiribati Seafood Co., LLC and Plaintiff International Specialty, Inc., and Notice of Non-Appearance at Hearing filed by Marisco, Ltd.. (Attachments: # (1) Certificate of Service)(Freed, Michael)
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Filed: 3/16/2006, Entered: 3/16/2006 |
Court's Certificate of Service |
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COURT'S CERTIFICATE of Service - a copy of [557] Order on Motion to Withdraw as Attorney has been served by First Class Mail to the addresses of record on 3/16/06. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (consolidated with CV 02-00272DAE-LEK) (lmg, )
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| 556 |
Filed: 3/16/2006, Entered: 3/16/2006 |
Terminate Motion Deadlines/Hearings (inc F&R) |
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EO: Motion to Withdraw as Counsel set for 3/29/2006 at 09:00 AM before Judge Leslie E. Kobayashi is Vacated. Court to issue Order. (Judge LESLIE E KOBAYASHI )(wnn)
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| 557 |
Filed: 3/16/2006, Entered: 3/16/2006 |
Order on Motion to Withdraw as Attorney |
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ORDER granting [551] Motion to Withdraw as Attorney. Attorney John R. Lacy and Emily Reber Porter terminated (consolidated with CV 02-00272DAE-LEK). Signed by Judge LESLIE E KOBAYASHI on 03/16/06. (lmg, )
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Filed: 5/5/2008, Entered: 5/22/2008 |
Court's Certificate of Service |
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COURT'S CERTIFICATE of Service - a copy of ADVISORY ENTRY TO ALL COUNSEL and [559] USCA Mandate (554 in 1:02-cv-00272-DAE) has been served by First Class Mail to the addresses of record on 5/22/08. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Associated Cases: 1:02-cv-00093-DAE-LEK, 1:02-cv-00272-DAE(ecs, )(cc: DAE, LEK, TL and WN copy of Mandate/Memorandum)
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| 559 |
Filed: 5/5/2008, Entered: 5/22/2008 |
USCA Mandate |
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MANDATE of USCA 05-16700 and 05-16823 as to Notice of Appeal (Attachments: # (1) Memorandum) - AFFIRMED in part, REVERSED in part, and REMANDED. Associated Cases: 1:02-cv-00093-ER-LEK, 1:02-cv-00272-ER(ecs, ) - Judgment entered 3/11/08 takes effect this date. Filed April 25, 2008 at USCA. Remanded to district court for it to determine whether the parties intended the letter agreement to constitute a substituted contract. (cc: LS)
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Filed: 5/22/2008, Entered: 5/22/2008 |
Corrective Entry |
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ADVISORY NOTICE TO ALL COUNSEL: Case reassigned to Judge David A. Ezra. All further pleadings should reflect the case numbers CV 02-00093 DAE-LEK and CV 02-00272 DAE-LEK. Associated Cases: 1:02-cv-00093-DAE-LEK, 1:02-cv-00272-DAE-LEK(ecs, )
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Filed: 5/27/2008, Entered: 5/27/2008 |
Court's Certificate of Service |
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COURT'S CERTIFICATE of Service - a copy of [560] Set Deadlines/Hearings has been served by First Class Mail to the addresses of record on 5/27/2008. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF) on 5/27/2008. (wnn, )
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Filed: 5/27/2008, Entered: 5/27/2008 |
Court's Certificate of Service |
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COURT'S CERTIFICATE of Service - a copy of [561] Set Deadlines/Hearings has been served by First Class Mail to the addresses of record on 5/27/2008. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF) on 5/27/2008. (wnn, )
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| 560 |
Filed: 5/27/2008, Entered: 5/27/2008 |
Set Deadlines/Hearings |
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EO: Status Conference Re: 9th CCA Remand set for 6/9/2008 at 09:00 AM before JUDGE LESLIE E KOBAYASHI. (JUDGE LESLIE E KOBAYASHI)(wnn, )
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| 561 |
Filed: 5/27/2008, Entered: 5/27/2008 |
Set Deadlines/Hearings |
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EO: Status Conference Re: 9th CCA Remand set for 6/9/2008 at 09:00 AM is continued to 6/16/2008 at 09:00 AM before JUDGE LESLIE E KOBAYASHI. (JUDGE LESLIE E KOBAYASHI)(wnn, )
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| 562 |
Filed: 5/27/2008, Entered: 5/28/2008 |
Mail Returned |
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Mail Returned as Undeliverable - Not at this address. Mail (docs 559 in 02-cv-00093-DAE-LEK) and 554 (in 02-cv-00272-DAE-LEK) sent to DAVOR Z. PEVEC Pacific Tower Ste 2800 1001 Bishop Street, Honolulu, HI 96813. Resent on 5/28/08 c/o Topa Financial Center Bishop Street Tower 700 Bishop Street Honolulu, HI 96813 with notation to please update address with the Clerk's Office. Associated Cases: 1:02-cv-00093-DAE-LEK, 1:02-cv-00272-DAE(ecs, )
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| 563 |
Filed: 6/2/2008, Entered: 6/3/2008 |
Mail Returned |
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Mail addressed separately to attorneys Michael L. McAlpine and John R. Fitzgerald in care of McAlpine & Cozad at address 701 S Peters St Ste 300/New Orleans, LA 70130 - RETURNED AS UNDELIVERABLE. Returned: (1) NEF-Copy of Advisory Notice to all Counsel re: case reassignment to Judge David Alan Ezra, and (2) copy of the 9CCA Mandate, (doc [559] in 1:02-cv-00093-DAE-LEK) and doc 554 (in 1:02-cv-00272-DAE-LEK) (Attachments: # (1) John R. Fitzgerald Mailing Envelope) The Advisory Notice NEF and Mandate copies as well as Change-of-Address form will be mailed on June 3, 2008 by First Class Mail to Mr. McAlpine and Mr. Fitzgerald at the address information obtained at web-address www.mcalpinelaw.com: McAlpine & Cozad/365 Canal Street, Suite 3180/New Orleans, LA 70130. (afc)
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Filed: 6/16/2008, Entered: 6/16/2008 |
Court's Certificate of Service |
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COURT'S CERTIFICATE of Service - a copy of [566] Set Deadlines/Hearings, has been served by First Class Mail to the addresses of record on 6/16/2008. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF) on 6/16/2008. (wnn, )
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Filed: 6/16/2008, Entered: 6/16/2008 |
Court's Certificate of Service |
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COURT'S CERTIFICATE of Service - a copy of [567] Set Deadlines/Hearings, Link has been served by First Class Mail to the addresses of record on 6/16/2008. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF) on 6/16/2008. (wnn, )
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| 566 |
Filed: 6/16/2008, Entered: 6/16/2008 |
Set Deadlines/Hearings |
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EP: Status Conference Re: 9th CCA Remand held. Bench Trial set for 4/21/2009 09:00 AM before JUDGE DAVID ALAN EZRA. Final Pretrial Conference set for 3/10/2009 09:00 AM before JUDGE LESLIE E KOBAYASHI. Discovery due by 2/20/2009. Motions due by 11/19/2008.(Court Reporter Courtroom 7-No Record) (JUDGE LESLIE E KOBAYASHI)(wnn, )
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| 567 |
Filed: 6/16/2008, Entered: 6/16/2008 |
Set Deadlines/Hearings |
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EO: Parties to meet and confer regarding remaining issues on remand. Simultaneous Statements regarding remaining issues due 7/31/2008. re [566] Set Deadlines/Hearings. Status Report due by 7/31/2008. (JUDGE LESLIE E KOBAYASHI)(wnn, )
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Filed: 6/20/2008, Entered: 6/20/2008 |
Court's Certificate of Service |
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COURT'S CERTIFICATE of Service - a copy of [568] the AMENDED RULE 16 SCHEDULING ORDER, will be served by First Class Mail to the addresses of record on June 23, 2008. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (afc)
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| 568 |
Filed: 6/20/2008, Entered: 6/20/2008 |
Scheduling Order |
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AMENDED RULE 16 SCHEDULING ORDER: Signed by JUDGE LESLIE E KOBAYASHI on 6/20/08. (afc)
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| 569 |
Filed: 6/25/2008, Entered: 6/26/2008 |
Mail Returned |
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Mail Returned as Undeliverable. Copy of Minutes of Status Conference re 9CCA Remand held on 6/16/2008 (doc [566] in 1:02-cv-00093) sent to Davor Z. Pevec, Esq. at address Pacific Tower Ste 2800/1001 Bishop St/Honolulu HI 96813, returned as Unable to Forward. A copy of the Minutes will be mailed on June 26, 2008 to Mr. Pevec via First Class Mail at address: Davor Z. Pevec, Esq./Topa Financial Center-Bishop Street Tower/700 Bishop St Ste 2100/Honolulu HI 96813 (afc)
570
Filed & Entered: 08/01/2008
Statement
STATEMENT Of Issues for Trial on Remand filed by Marisco, Ltd.. (Freed, Michael)
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| 570 |
Filed: 8/1/2008, Entered: 8/1/2008 |
Statement |
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STATEMENT Of Issues for Trial on Remand filed by Marisco, Ltd.. (Freed, Michael)
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