| -- |
Filed: 10/17/1996, Entered: 10/18/1996 |
Filing Fee Received |
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FILING FEE PAID on 10/17/96 in the amount of $ 120 receipt # 031834. (MT, ilcd)
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| 1 |
Filed: 10/17/1996, Entered: 10/18/1996 |
Notice of Removal |
 |
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NOTICE OF REMOVAL from Macon County Circuit Court, Case Number: 96-L-135; Case referred to Mag. Judge David G. Bernthal (MT, ilcd)
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| 2 |
Filed: 10/17/1996, Entered: 10/18/1996, Terminated: 10/31/1996 |
Motion for Extension of Time to File |
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MOTION by defendant Mark E Whitacre to extend time to file responsive pleadings (MT, ilcd)
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| 3 |
Filed: 10/17/1996, Entered: 10/18/1996 |
Miscellaneous Document |
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CERTIFICATE OF SERVICE of notice of removal petition on the Clerk, Macon County Circuit Court by defendant Mark E Whitacre (MT, ilcd)
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| 4 |
Filed: 10/31/1996, Entered: 10/31/1996 |
Response - Miscellaneous |
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OBJECTIONS by plaintiff Archer Daniels to motion to extend time to file responsive pleadings [2-1] (MT, ilcd)
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| 5 |
Filed: 10/31/1996, Entered: 10/31/1996, Terminated: 12/11/1996 |
Motion to Remand |
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MOTION by plaintiff Archer Daniels to remand (MT, ilcd)
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| 6 |
Filed: 10/31/1996, Entered: 10/31/1996 |
Memorandum in Support of Motion |
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MEMORANDUM IN SUPPORT of motion to remand [5-1] by plaintiff Archer Daniels (MT, ilcd)
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| 7 |
Filed: 10/31/1996, Entered: 10/31/1996 |
Certificate of Interest |
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CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 filed by plaintiff Archer Daniels (MT, ilcd)
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| 8 |
Filed: 10/31/1996, Entered: 10/31/1996 |
Order |
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ORDER by Mag. Judge David G. Bernthal granting motion to extend time to file responsive pleadings [2-1] ; response due 11/22/96 (cc: all counsel) (MT, ilcd)
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| 9 |
Filed: 11/15/1996, Entered: 11/15/1996 |
Memorandum in Support of Motion |
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MEMORANDUM IN SUPPORT of removal petition [1-1] by defendant Mark E Whitacre (MT, ilcd)
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| 9 |
Filed: 11/15/1996, Entered: 11/15/1996 |
Response to Motion |
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RESPONSE by defendant Mark E Whitacre to motion to remand [5-1] (MT, ilcd)
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| 10 |
Filed: 11/22/1996, Entered: 11/22/1996 |
Answer to Complaint |
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RESPONSE TO COMPLAINT by defendant Mark E Whitacre; jury demand (MT, ilcd)
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| 11 |
Filed: 11/22/1996, Entered: 11/22/1996 |
Certificate of Interest |
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CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 filed by defendant Mark E Whitacre (MT, ilcd)
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| 12 |
Filed: 11/22/1996, Entered: 11/22/1996 |
Counterclaim |
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COUNTERCLAIM; jury demand; by defendant Mark E Whitacre against plaintiff Archer Daniels (MT, ilcd)
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| -- |
Filed: 11/26/1996, Entered: 11/26/1996 |
Minutes - Miscellaneous |
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MINUTE-ENTRY: by Mag. Judge David G. Bernthal. Telephone status hearing set 10:00 11/27/96 . Atty Peckert to notify all parties. Atty Walker to notify the court of a phone number he can be reached for the hearing. (MT, ilcd)
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| -- |
Filed: 11/27/1996, Entered: 11/27/1996 |
Minutes - Miscellaneous |
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MINUTE-ENTRY: by Mag. Judge David G. Bernthal. Telephone status hearing held 11/27/96 ; apr of pla by James Peckert/Aubrey Daniel; apr of dft by Bill Walker. Evidentiary hrg set for 9:00 12/6/96 by personal appearance in DANVILLE. Dft Whitacre to be present. (MT, ilcd)
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| -- |
Filed: 12/6/1996, Entered: 12/9/1996 |
Minutes - Miscellaneous |
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MINUTE-ENTRY: by Mag. Judge David G. Bernthal. Evidentiary hearing held 9:00 12/6/96 taking under advisement on 12/6/96 motion to remand [5-1]. Apr of pla by James Peckert/James Shafter/Aubrey Daniel/Barry Simon/Laurie Fulton (Scott Roberts representing the company); apr of dft by Bill Walker/Richard Kurth. Court takes judicial notice of contents of the file. Dft Whitacre sworn and testimony heard. Pla moves to strike dft's testimony and asks their mo to remand be granted. Motion to strike denied. Written order will be entered w/in one week. (MT, ilcd) Modified on 12/09/1996
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| 20 |
Filed: 12/6/1996, Entered: 12/16/1996 |
Trial Exhibit |
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EXHIBIT for plaintiff Archer Daniels, counter-defendant Archer Daniels from 12/6/96 evidentiary hrg stored in file as document #20 (MT, ilcd) Modified on 12/16/1996
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| 13 |
Filed: 12/11/1996, Entered: 12/11/1996 |
Order |
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ORDER by Mag. Judge David G. Bernthal denying motion to remand [5-1]. After evidentiary hearing, the court concludes dft was domiciled in North Carolina at the time suit was filed herein. (cc: all counsel) (MT, ilcd)
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| 14 |
Filed: 12/13/1996, Entered: 12/16/1996, Terminated: 12/13/1996 |
Motion for Order |
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MOTION by plaintiff Archer Daniels, counter-defendant Archer Daniels for order directing issuance of summons for attachment as garnishee (MT, ilcd)
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| 15 |
Filed: 12/13/1996, Entered: 12/16/1996 |
Memorandum in Support of Motion |
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MEMORANDUM IN SUPPORT of motion for order directing issuance of summons for attachment as garnishee [14-1] by plaintiff Archer Daniels, counter-defendant Archer Daniels (MT, ilcd)
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| 16 |
Filed: 12/13/1996, Entered: 12/16/1996 |
Affidavit |
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AFFIDAVIT of James E. Peckert (MT, ilcd)
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| 17 |
Filed: 12/13/1996, Entered: 12/16/1996 |
Order |
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ORDER by Judge Harold A. Baker granting motion for order directing issuance of summons for attachment as garnishee [14-1]. The Clerk is directed to issue summons for attachment as garnishee to Palmer-American National Bank and Richard F. Kurth. Further ordered that the US Marshal for CDIL effectuate service and make such returns as are appropriate. (cc: all counsel) (MT, ilcd)
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| 18 |
Filed: 12/13/1996, Entered: 12/16/1996 |
Summons Issued |
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GARNISHMENT SUMMONS issued as to Palmer American National Bank and Richard F. Kurth and forwarded to US Marshal Service (Urbana) for service (MT, ilcd)
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| 19 |
Filed: 12/13/1996, Entered: 12/16/1996 |
Bond |
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BOND in amount of $ 2,000,000 filed by plaintiff counter-defendant Archer Daniels (MT, ilcd)
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| 21 |
Filed: 12/13/1996, Entered: 12/16/1996 |
Answer to Counterclaim |
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ANSWER TO COUNTERCLAIM [12-1] by counter-defendant Archer Daniels (MT, ilcd)
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| 22 |
Filed: 12/16/1996, Entered: 12/16/1996, Terminated: 1/22/1997 |
Motion to Compel |
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MOTION by plaintiff Archer Daniels, counter-defendant Archer Daniels to compel discovery (MT, ilcd)
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| 23 |
Filed: 1/3/1997, Entered: 1/3/1997 |
Response |
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RESPONSE by garnishee Palmer Am Natl Bank to order of attachment [17-1] (MT, ilcd)
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| 24 |
Filed: 1/6/1997, Entered: 1/8/1997 |
Service - Miscellaneous |
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RETURN OF SERVICE executed upon garnishee Palmer Am Natl Bank on 12/16/96 (MT, ilcd)
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| 25 |
Filed: 1/6/1997, Entered: 1/8/1997 |
Service - Miscellaneous |
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RETURN OF SERVICE executed upon garnishee Richard F Kurth on 12/16/96 (MT, ilcd)
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| 26 |
Filed: 1/8/1997, Entered: 1/8/1997 |
Miscellaneous Document |
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CERTIFICATE OF SERVICE of subpeonas by plaintiff Archer Daniels (MT, ilcd)
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| 27 |
Filed: 1/9/1997, Entered: 1/9/1997 |
Miscellaneous Document |
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CERTIFICATE OF SERVICE of subpoenas upon Dresdner bank Ag, First Midwest Bancorp, Inc., and LaSalle Nat'l Bank by plaintiff Archer Daniels (MT, ilcd)
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| 28 |
Filed: 1/22/1997, Entered: 1/22/1997 |
Order |
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ORDER entered re Rule 16 and FRCvP 26 by Mag. Judge David G. Bernthal; granting motion to compel discovery [22-1]; Rule 16 conference set 2:30 2/26/97 by PERSONAL APPEARANCE in Urbana. See written order. (cc: all counsel) (MT, ilcd)
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| -- |
Filed: 2/13/1997, Entered: 2/13/1997 |
Minutes - Miscellaneous |
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MINUTE-ENTRY: by Mag. Judge David G. Bernthal. Rule 16 conference 2:30 2/26/97 is VACATED and will be reset at a later date. (cc: all counsel) (MT, ilcd)
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| 29 |
Filed: 2/13/1997, Entered: 2/13/1997 |
Order |
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ORDER by Mag. Judge David G. Bernthal entered in 97-2005; this case is consolidated with 97-2005 for discovery purposes. Consolidation for purposes of trial will be reserved and determined at a later date. (Original order in 97-2005, doc #7) (cc: all counsel) (MT, ilcd)
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| 30 |
Filed: 2/25/1997, Entered: 2/25/1997, Terminated: 3/3/1997 |
Motion to Seal |
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MOTION by plaintiff Archer Daniels for leave to file document under sea1 (MT, ilcd)
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| 31 |
Filed: 2/25/1997, Entered: 2/25/1997 |
Miscellaneous Document |
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CERTIFICATE OF SERVICE of motion for leave to file documents under seal by plaintiff Archer Daniels (MT, ilcd)
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| 32 |
Filed: 3/3/1997, Entered: 3/3/1997 |
Order |
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ORDER by Judge Harold A. Baker granting motion for leave to file document under sea1 [30-1] (cc: all counsel) (MT, ilcd)
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| 33 |
Filed: 3/3/1997, Entered: 3/3/1997 |
Document Sealed |
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IN CAMERA document by plaintiff Archer Daniels sealed and placed in vault (MT, ilcd)
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| 34 |
Filed: 3/12/1997, Entered: 3/12/1997, Terminated: 4/7/1997 |
Motion to Compel |
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MOTION by plaintiff Archer Daniels to compel (MT, ilcd)
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| 35 |
Filed: 3/18/1997, Entered: 3/18/1997 |
Status Report |
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STATUS REPORT AND REQUEST FOR STATUS CONFERENCE by plaintiff Archer Daniels (MT, ilcd) Modified on 03/20/1997
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| 36 |
Filed: 3/18/1997, Entered: 3/18/1997, Terminated: 3/20/1997 |
Motion to Seal |
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SUPPLEMENT TO MOTION by plaintiff Archer Daniels for leave to file document under seal (MT, ilcd)
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| -- |
Filed: 3/20/1997, Entered: 3/20/1997 |
Minutes - Miscellaneous |
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MINUTE-ENTRY: by Judge Harold A. Baker. Rule 16 conference set 10:30 4/7/97 by PERSONAL APPEARANCE in Urbana. All pending matters will be discussed. (cc: all counsel) (MT, ilcd)
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| -- |
Filed: 3/20/1997, Entered: 3/20/1997 |
Order |
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ENDORSED ORDER on its face by Judge Harold A. Baker granting supplement to motion for leave to file document under seal [36-1]. Doc #36 placed w/ previously sealed document #33 in vault. (cc: all counsel). (MT, ilcd) Modified on 03/20/1997
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| 37 |
Filed: 4/2/1997, Entered: 4/2/1997, Terminated: 4/7/1997 |
Motion to Compel |
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SUPPLEMENT TO MOTION by plaintiff Archer Daniels to compel (MT, ilcd)
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| -- |
Filed: 4/7/1997, Entered: 4/7/1997 |
Minutes - Miscellaneous |
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MINUTE-ENTRY: by Judge Harold A. Baker. Rule 16 conf held 4/7/97 . App of pla by James Peckert/James Shafter/Laurie Fulton; app of dft Whitacre by Bill Walker/Richard Kurth; app of garnishee by James Mulvaney. Arguments heard on pla's mo to compel (#34, #37). Court finds dft is not complying w/ Rule 34 in good faith; mo to compel allowed. See written order. Prior to arguments on sealed motions, spectators were asked to leave courtroom. Arguments heard on sealed motions #33, #36. Pla requests to take depo out of order; request allowed. See written order. (MT, ilcd)
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| 38 |
Filed: 4/7/1997, Entered: 4/7/1997 |
Order |
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ORDER by Judge Harold A. Baker granting supplemlent to motion to compel [37-1], granting motion to compel [34-1]. Dft Whitacre shall respond w/in 45 days after this order completely and accurately to pending requests for production served by pla pursuant to FRCvP 34. Pla is granted leave to take the depo of David Hoech on oral interrogatories in SDFL w/out notice to other parties other than dft Whitacre. See written order. (cc: all counsel) (MT, ilcd)
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| -- |
Filed: 4/8/1997, Entered: 4/8/1997 |
Minutes - Miscellaneous |
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MINUTE-ENTRY: by Judge Harold A. Baker. At request of Atty Walker telephone conf held 4/8/97. App of pla by James Shafter; app of dft by Bill Walker. Atty Walker requested information re phone call between court reporter and Hoech re transcript of 4/7/97 proceedings. Court advised attys the transcript of hrg on 4/7/97 is sealed re: sealed documents; transcript re motion to compel is not sealed. (MT, ilcd)
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| 39 |
Filed: 4/9/1997, Entered: 4/9/1997 |
Notice (Other) |
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NOTICE OF VOLUNTARY DISMISSAL of dft Eurotechnologies in case No. 97-2005 by plaintiff Archer Daniels (MT, ilcd)
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| 40 |
Filed: 4/18/1997, Entered: 4/21/1997 |
Transcript |
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TRANSCRIPT OF PROCEEDINGS on 4/7/97 filed by Court Reporter Toni Judd (MT, ilcd)
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| -- |
Filed: 5/5/1997, Entered: 5/5/1997 |
Minutes - Miscellaneous |
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MINUTE-ENTRY: by Judge Harold A. Baker. Rule 16 conf held 5/5/97; app of pla by James Peckert/James Shafter/Aubrey Daniel/Laurie Fulton; app of dft Whitacre by Bill Walker. Pla shall file update of status report; dfts respond by 5/16/97. Court will then enter a scheduling order. (MT, ilcd)
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| 41 |
Filed: 5/6/1997, Entered: 5/6/1997, Terminated: 7/24/1997 |
Motion for Order |
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MOTION by plaintiff Archer Daniels for entry of scheduling order (MT, ilcd)
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| 44 |
Filed: 5/16/1997, Entered: 5/22/1997 |
Response to Motion |
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RESPONSE AND OBJECTION by dfts Covert (in 97-2005) to motion for entry of scheduling order [41-1]. (Original objection filed and docketed in 97-2005) (MT, ilcd)
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| 42 |
Filed: 5/19/1997, Entered: 5/20/1997 |
Document Sealed |
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IN CAMERA document by plaintiff Archer Daniels sealed and placed in vault (MT, ilcd)
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| 43 |
Filed: 5/20/1997, Entered: 5/20/1997 |
Document Sealed |
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IN CAMERA document by plaintiff Archer Daniels sealed and placed in vault (MT, ilcd)
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| -- |
Filed: 5/23/1997, Entered: 5/23/1997 |
Minutes - Miscellaneous |
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MINUTE-ENTRY: by Judge Harold A. Baker setting hearing on sealed documents [43-1] and [42-1] at 3:00 5/23/97 by telephone. Atty Shafter to give notice and initiate call. (MT, ilcd)
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| -- |
Filed: 5/23/1997, Entered: 5/23/1997 |
Minutes - Miscellaneous |
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MINUTE-ENTRY: by Judge Harold A. Baker. Hrg held re sealed documents [43-1] and [42-1]; app of pla by James Shafter/Barry Simon/Laurie Fulton; app of dft by Bill Walker; app of John Kelso for deponent. Arguments heard. Clerk to fax motion, memo and exhibits to Judge Baker for review. Cause set for further hearing 9:30 5/27/97 by telephone. Atty Shafter to initiate call. Mr. Kelso granted leave to fax to the court a response to the sealed documents. (MT, ilcd)
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| 48 |
Filed: 5/26/1997, Entered: 6/13/1997 |
Document Sealed |
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IN CAMERA document by objector David Hoech sealed and placed in vault (SLJ, ilcd)
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| -- |
Filed: 5/27/1997, Entered: 5/29/1997 |
Minutes - Miscellaneous |
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MINUTE-ENTRY: Hearing held 5/27/97 by Judge Harold A. Baker; apr of pltf thru A. James Shafter, Barry Simon & Laurie Fulton. Apr of deponent thru John Kelso, apr of deft thru Bill Walker. Proposed order by Court read to parties. Pltf's response to order heard. Stmt by atty Simon as to telephone call with Mr. Kelso. Granting in part and denying in part sealed document #42 [42-1]. Written order to be entered. (SLJ, ilcd)
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| 45 |
Filed: 5/27/1997, Entered: 5/28/1997, Terminated: 7/24/1997 |
Motion for Extension of Time to File |
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MOTION by defendant Mark E Whitacre to extend time to respond to pltf's production request (SLJ, ilcd)
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| 46 |
Filed: 5/27/1997, Entered: 5/28/1997 |
Notice (Other) |
|
NOTICE of compliance by defendant Mark E Whitacre (SLJ, ilcd)
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| 47 |
Filed: 5/27/1997, Entered: 5/29/1997 |
Order |
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ORDER entered by Judge Harold A. Baker denying in part and allowing in part ADM's motion for protective order, allowed only to the extent that the deposition may be filed in this court under seal. ADM should pursue its remedies against David Hoech before the US District court for the Southern District of Florida. See written order. (cc: faxed copy to all counsel) (SLJ, ilcd)
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| -- |
Filed: 7/22/1997, Entered: 7/24/1997 |
Minutes - Miscellaneous |
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MINUTE-ENTRY: by Judge Harold A. Baker. Rule 16 conference set 10:00 7/24/97 ; atty Peckert to notify parties and initiate call. (MT, ilcd)
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| -- |
Filed: 7/24/1997, Entered: 7/24/1997 |
Minutes - Miscellaneous |
|
MINUTE-ENTRY: by Judge Harold A. Baker. Rule 16 conference held 7/24/97 granting motion to extend time to respond to pltf's production request [45-1], granting motion for entry of scheduling order [41-1]. Apr of pla ADM by Jim Shafter/Jim Peckert/Laurie Fulton; apr of dft Whitacre by Bill Walker; apr of dft Allison by Jacqueline Jacobson; apr of Covert dfts by Kevin O'Malley; apr of Hulse dfts by Sean Berkowitz. Proposed scheduling order discussed. Written order will be entered. Response to production requests due 8/1/97. Oral mtn by Covert dfts to extend time to apply for stay of discovery for 15 days allowed. (MT, ilcd)
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| 49 |
Filed: 7/24/1997, Entered: 7/29/1997 |
Order |
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|
ORDER by Judge Harold A. Baker granting motion to extend time until 8/1/97 to respond to pltf's production request [45-1] (cc: all counsel) (SLJ, ilcd)
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| 50 |
Filed: 7/29/1997, Entered: 7/29/1997 |
Order |
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|
SCHEDULING ORDER entered by Judge Harold A. Baker. W/in 14 days of this order, parties are to comply with FRCivP 26(a)(1)(A). Said disclosures shall be supplemented seasonably as new info is made available. Parties to provide & disclose on or before 11/1/97 info for any person who is to be utilized at trial (see order). Parties to provide & disclose info re expert witnesses by 12/15/97. Parties make expert witnesses available for depo's w/in 30 days of the disclosure related to that witness. No add'l parties to be joined subsequent to 8/15/97. All discovery to be completed by 2/2/98 ; Mtn filing ddl for filing case dispositive motions is 2/5/98 . This matter to be scheduled for trial in April of 1998 and Court to schedule final p/t conf. See written order. (cc: all counsel) (SLJ, ilcd)
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| 51 |
Filed: 7/31/1997, Entered: 7/31/1997 |
Miscellaneous Document |
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CERTIFICATE of service re deft's partial response to pltf's request for production by defendant Mark E Whitacre (SLJ, ilcd)
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| 52 |
Filed: 8/4/1997, Entered: 8/5/1997 |
Miscellaneous Document |
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CERTIFICATE of service re disc by defendant Mark E Whitacre (SLJ, ilcd)
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| 53 |
Filed: 8/13/1997, Entered: 8/13/1997 |
Discovery - Miscellaneous |
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INITIAL DISCLOSURES pursuant to FedRCivP Rule 26(a)(1) filed by plaintiff Archer Daniels (SLJ, ilcd)
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|
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| 54 |
Filed: 8/15/1997, Entered: 8/15/1997, Terminated: 9/23/1997 |
Motion for Leave to File |
|
MOTION by plaintiff Archer Daniels for leave to amend complaint to add additional deft (SLJ, ilcd)
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|
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| 55 |
Filed: 8/15/1997, Entered: 8/15/1997, Terminated: 9/23/1997 |
Motion for Extension of Time to File |
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MOTION by plaintiff Archer Daniels to extend time for service and issuance of alias summons (SLJ, ilcd)
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|
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| 56 |
Filed: 8/18/1997, Entered: 8/18/1997 |
Miscellaneous Document |
|
CERTIFICATE of service re Rule 26(a)(1)(A) by defendant Mark E Whitacre (SLJ, ilcd)
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| 57 |
Filed: 8/20/1997, Entered: 8/20/1997 |
Notice (Other) |
|
NOTICE by plaintiff Archer Daniels of taking deposition of Mark E. Whitacre on 9/15/97 (SLJ, ilcd)
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| 58 |
Filed: 8/20/1997, Entered: 8/20/1997 |
Notice (Other) |
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NOTICE by plaintiff Archer Daniels of taking deposition of Ginger Whitacre on 9/16/97 (SLJ, ilcd)
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| 59 |
Filed: 8/20/1997, Entered: 8/20/1997 |
Notice (Other) |
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NOTICE by plaintiff Archer Daniels of taking deposition of Patricia McLaren on 9/16/97 (SLJ, ilcd)
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| 60 |
Filed: 8/20/1997, Entered: 8/20/1997 |
Notice (Other) |
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NOTICE by plaintiff Archer Daniels of taking deposition of Donald Michael Gilbert on 9/16/97 (SLJ, ilcd)
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|
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| 61 |
Filed: 8/20/1997, Entered: 8/20/1997 |
Notice (Other) |
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NOTICE by plaintiff Archer Daniels of taking deposition of Sidney Hulse on 9/17/97 (SLJ, ilcd)
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| 62 |
Filed: 8/20/1997, Entered: 8/20/1997 |
Notice (Other) |
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NOTICE by plaintiff Archer Daniels of taking deposition of Terri Hulse on 9/17/97 (SLJ, ilcd)
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|
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| 63 |
Filed: 8/20/1997, Entered: 8/20/1997 |
Notice (Other) |
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NOTICE by plaintiff Archer Daniels of taking deposition of JT Technologies on 9/17/97 (SLJ, ilcd)
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|
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| 64 |
Filed: 8/20/1997, Entered: 8/20/1997 |
Notice (Other) |
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NOTICE by plaintiff Archer Daniels of taking deposition of Eurotechnologies on 9/17/97 (SLJ, ilcd)
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| 65 |
Filed: 8/20/1997, Entered: 8/20/1997 |
Notice (Other) |
|
NOTICE by plaintiff Archer Daniels of taking deposition of Marty Allison on 9/18/97 (SLJ, ilcd)
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| 66 |
Filed: 8/20/1997, Entered: 8/20/1997 |
Notice (Other) |
|
NOTICE by plaintiff Archer Daniels of taking deposition of Milos Lee Covert on 9/18/97 (SLJ, ilcd)
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|
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| 67 |
Filed: 8/20/1997, Entered: 8/20/1997 |
Notice (Other) |
|
NOTICE by plaintiff Archer Daniels of taking deposition of Christine Covert on 9/18/97 (SLJ, ilcd)
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|
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| 68 |
Filed: 8/20/1997, Entered: 8/20/1997 |
Notice (Other) |
|
NOTICE by plaintiff Archer Daniels of taking deposition of David Page on 9/19/97 (SLJ, ilcd)
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| 69 |
Filed: 9/2/1997, Entered: 9/3/1997 |
Miscellaneous Document |
|
CERTIFICATE of service re copy of Epstein Privileged Log by defendant Mark E Whitacre, counter-claimant Mark E Whitacre (SLJ, ilcd)
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| 70 |
Filed: 9/2/1997, Entered: 9/3/1997 |
Miscellaneous Document |
|
CERTIFICATE of service re request for production by defendant Mark E Whitacre, counter-claimant Mark E Whitacre (SLJ, ilcd)
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|
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| 71 |
Filed: 9/2/1997, Entered: 9/3/1997 |
Miscellaneous Document |
|
CERTIFICATE of service re copy of Epstein Privileged Log of 8/30/97 by defendant Mark E Whitacre, counter-claimant Mark E Whitacre (SLJ, ilcd)
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|
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| 72 |
Filed: 9/3/1997, Entered: 9/4/1997 |
Miscellaneous Document |
|
CERTIFICATE of service re deft's request for production by defendant Mark E Whitacre (SLJ, ilcd)
|
|
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| 73 |
Filed: 9/15/1997, Entered: 9/18/1997 |
Miscellaneous Document |
|
CERTIFICATE of service re Rule 26 disclosure by defendant Mark E Whitacre (SLJ, ilcd)
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|
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| 75 |
Filed: 9/15/1997, Entered: 9/18/1997 |
Notice (Other) |
|
NOTICE by defendant Mark E Whitacre, counter-claimant Mark E Whitacre of filing bankruptcy (SLJ, ilcd)
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|
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| 74 |
Filed: 9/16/1997, Entered: 9/18/1997 |
Notice (Other) |
|
NOTICE by plaintiff Archer Daniels of deft Mark Whitacre and Ginger Whitacre of filing bankruptcy (SLJ, ilcd)
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| 76 |
Filed: 9/19/1997, Entered: 9/19/1997 |
Order |
|
|
ORDER entered by Mag. Judge David G. Bernthal. The Court has been advised that Mark E. Whitacre has filed protection under Title 11, US Code. This matter is set for a rule to show cause hearing at 9:00 on 3/23/98 by personal appearance in Urbana before Judge Harold Baker. The deft shall file with this Court and serve on all parties w/in 10 days the Notice of Automatic Stay from the bkcy proceedings. Failure to file the Stay will result in this Court proceeding with this case. If the title 11 proceedings are dismissed or if there is any change in the automatic stay affecting this case before the date set for return of the Rule, the parties are order to so advise the court and all of the parties in writing. Failure to comply with this Order will result in appropriate sanctions pursuant to Rule 37. (cc: all counsel) (SLJ, ilcd)
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|
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| -- |
Filed: 9/23/1997, Entered: 9/23/1997 |
Order |
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ENDORSED ORDER on its face by Judge Harold A. Baker granting motion for leave to amend complaint to add additional deft [54-1] (cc: all counsel). (SLJ, ilcd)
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|
|
| -- |
Filed: 9/23/1997, Entered: 9/23/1997 |
Order |
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ENDORSED ORDER on its face by Judge Harold A. Baker granting motion to extend time for service and issuance of alias summons [55-1] (cc: all counsel). (SLJ, ilcd)
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| 77 |
Filed: 9/25/1997, Entered: 9/30/1997 |
Notice (Other) |
|
NOTICE of discharge of debtor deadline re defendant Mark E Whitacre and Ginger Whitacre (SLJ, ilcd)
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|
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| 78 |
Filed: 10/16/1997, Entered: 10/16/1997 |
Notice (Other) |
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NOTICE by plaintiff Archer Daniels of taking deposition of Kay Vincent on 10/23/97 (SLJ, ilcd)
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|
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| 79 |
Filed: 10/16/1997, Entered: 10/16/1997 |
Notice (Other) |
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NOTICE by plaintiff Archer Daniels of taking deposition of Terry Younker on 10/22/97 (SLJ, ilcd)
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|
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| 80 |
Filed: 10/22/1997, Entered: 10/22/1997 |
Summons Issued |
|
SUMMONS issued as to Reinhard Richter and returned to plaintiff's attorney (SLJ, ilcd)
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|
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| 81 |
Filed: 10/23/1997, Entered: 10/23/1997 |
Notice (Other) |
|
NOTICE by plaintiff Archer Daniels of taking deposition of Elizabeth Taylor on 10/31/97 (SLJ, ilcd)
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|
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| 82 |
Filed: 11/14/1997, Entered: 11/14/1997 |
Notice (Other) |
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NOTICE by plaintiff Archer Daniels of taking continued deposition of Kay Vincent on 11/18/97 (MT, ilcd)
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|
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| 83 |
Filed: 11/19/1997, Entered: 11/19/1997, Terminated: 2/12/1998 |
Motion to Compel |
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MOTION by plaintiff Archer Daniels to compel deposition of Ginger L. Whitacre (named dft in companion case 97-2005) (MT, ilcd)
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|
|
| 84 |
Filed: 11/24/1997, Entered: 11/26/1997 |
Motion for Order |
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MOTION by garnishee Palmer Am Natl Bank for instructions as to disposition of funds held under order of court (MT, ilcd)
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|
|
| -- |
Filed: 12/1/1997, Entered: 12/1/1997 |
Minutes - Miscellaneous |
|
MINUTE-ENTRY: by Judge Harold A. Baker setting motion for instructions as to disposition of funds held under order of court [84-1] by garnishee at 1:30 12/17/97 by personal appearance in Urbana, Il. (cc: all counsel, Clerk, Bk Crt, MDNC) (MT, ilcd)
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|
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| 85 |
Filed: 12/1/1997, Entered: 12/1/1997, Terminated: 2/12/1998 |
Motion to Compel |
|
MOTION by plaintiff Archer Daniels to compel deposition of Kay Vincent (MT, ilcd)
|
|
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| 86 |
Filed: 12/1/1997, Entered: 12/1/1997 |
Memorandum in Support of Motion |
|
MEMORANDUM IN SUPPORT of motion to compel deposition of Kay Vincent [85-1] by plaintiff Archer Daniels (MT, ilcd)
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|
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| -- |
Filed: 12/5/1997, Entered: 12/5/1997 |
Minutes - Miscellaneous |
|
MINUTE-ENTRY: by Judge Harold A. Baker. At the request of atty Schafter, a status hearing is set 2:00 12/5/97 . Atty Schafter will initiate the call. (cc: all counsel) (MT, ilcd)
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|
|
| -- |
Filed: 12/5/1997, Entered: 12/5/1997 |
Minutes - Miscellaneous |
|
MINUTE-ENTRY: by Judge Harold A. Baker. Telephone status hearing held 2:00 12/5/97 ; apr of pltf by James Shafter; apr of dft Whitacre by Richard Kurth; apr of garnishee by James Mulvaney. Oral motion made by pltf ADM to continue hrg set 12/17/97. Motion allowed. Motion for instructions as to disposition of funds held under order of court [84-1] is reset 10:00 1/5/98 by personal appearance in Urbana, IL. (cc: all counsel) (MT, ilcd)
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|
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| 87 |
Filed: 12/11/1997, Entered: 12/11/1997 |
Letter |
|
LETTER Rec'd pro se submission by Kay Vincent in response to pltf's motion to compel deposition (MT, ilcd)
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|
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| 88 |
Filed: 12/12/1997, Entered: 12/15/1997 |
Response to Motion |
|
RESPONSE by plaintiff Archer Daniels to motion for instructions as to disposition of funds held under order of court [84-1] (MT, ilcd)
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|
|
| 89 |
Filed: 12/29/1997, Entered: 12/29/1997 |
Order |
|
|
ORDER by Judge Harold A. Baker pertaining to case No. 97-2005. Case called for telephone conference concerning dft Hulses' pending motion to stay (#76 in 97-2005) and motion to dismiss (#73 in 97-2005). Apr of pltf by James Shafter; apr of dfts Hulse by Sheldon Zenner. After discussion with the court, the following orders were entered: The joint mtn of dfts Hulse to stay proceedings is allowed. Proceedings are stayed until 7/31/98 subject to the same terms that are set out in the court's order of 7/8/97. The mtn by dft Terri Hulse to dismiss is denied w/out prej and w/ leave to renew after expiration of the stay provided herein. (cc: all counsel) (MT, ilcd)
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|
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| 90 |
Filed: 12/29/1997, Entered: 12/29/1997, Terminated: 2/4/1998 |
Motion for Order |
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MOTION by plaintiff Archer Daniels for modification of scheduling order and permission to take depositions in excess of number allowed under FRCP 26 (MT, ilcd)
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|
|
| -- |
Filed: 12/30/1997, Entered: 12/30/1997 |
Minutes - Miscellaneous |
|
MINUTE-ENTRY: by Judge Harold A. Baker. The motion hearing set 1/5/98 at 10:00 is VACATED. Atty Peckert to give notice by phone. The court is now setting motion for modification of scheduling order and permission to take depositions in excess of number allowed under FRCP 26 [90-1] at 1:30 1/29/98, setting motion to compel deposition of Kay Vincent [85-1] at 1:30 1/29/98, re motion for instructions as to disposition of funds held under order of court [84-1] hearing set for 1:30 1/29/98, setting motion to compel deposition of Ginger L. Whitacre [83-1] at 1:30 1/29/98 by PERSONAL APPEARANCE in Urbana, IL. (cc: all counsel) (MT, ilcd)
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|
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| 91 |
Filed: 1/23/1998, Entered: 1/23/1998 |
Miscellaneous Document |
|
CERTIFICATE OF SERVICE of a letter to Kay Vincent dated 1/21/98, and two court docket entrys of 12/30/97 by plaintiff Archer Daniels (copy of letter and docket entries attached to certificate) (MT, ilcd)
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|
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| -- |
Filed: 1/29/1998, Entered: 1/30/1998 |
Minutes - Miscellaneous |
|
MINUTE-ENTRY: by Judge Harold A. Baker re motion for modification of scheduling order and permission to take depositions in excess of number allowed under FRCP 26 [90-1], re motion to compel deposition of Kay Vincent [85-1], re motion for instructions as to disposition of funds held under order of court [84-1], re motion to compel deposition of Ginger L. Whitacre [83-1]. Hrg held 1/29/98; apr of pla by James Peckert/Laurie Fulton; apr of dfts Whitacre by Bill Walker; apr of Palmer Bank by James Mulvaney; apr pro se by Kay Vincent (deponent). Arguments hear on motions. Written order will be entered. (MT, ilcd)
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|
|
| -- |
Filed: 1/29/1998, Entered: 1/30/1998 |
Minutes - Miscellaneous |
|
MINUTE-ENTRY: by Judge Harold A. Baker. Status hearing set 1:30 4/17/98 by telephone pursuant to motion hearing held 1/29/98. (MT, ilcd)
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|
|
| -- |
Filed: 1/29/1998, Entered: 4/14/1998 |
Minutes - Miscellaneous |
|
MINUTE-ENTRY: by Judge Harold A. Baker. Telephone status conference set 1:30 4/17/98 pursuant to mo hrg held 1/29/98. (cc: all counsel) (MT, ilcd)
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|
|
| 92 |
Filed: 1/29/1998, Entered: 1/29/1998, Terminated: 2/6/1998 |
Motion for Sanctions |
|
MOTION AND MEMORANDUM by defendant Mark E Whitacre for sanctions , or, in the alternative, to compel production (MT, ilcd)
|
|
|
| 93 |
Filed: 1/29/1998, Entered: 1/29/1998 |
Order |
|
|
ORDER by Judge Harold A. Baker (re mo #10, mtn to compel production of documents in 97-2005). Dft Whitacre is to produce mental health records, medical records, authorization forms, atty records re atty Epstein, time sheets and/or itemized billing records re Epstein. (cc: all counsel) (MT, ilcd)
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| 94 |
Filed: 2/4/1998, Entered: 2/4/1998 |
Order |
|
|
AMENDED SCHEDULING ORDER by Judge Harold A. Baker granting motion for modification of scheduling order and permission to take depositions in excess of number allowed under FRCP 26 [90-1] ; discovery to close 9/2/98 ; case-dispositive motion filing ddl set 9/8/98 . This matter shall be scheduled for trial in November 1998 and the court shall schedule a final pretrial conference subsequent to that date. See written order. (cc: all counsel) (MT, ilcd)
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|
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| 95 |
Filed: 2/5/1998, Entered: 2/5/1998, Terminated: 2/6/1998 |
Motion for Order |
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MOTION by defendant Mark E Whitacre to withdraw his 1/29/98 motion and memorandum for sanctions, or, in the alternative, to compel production (MT, ilcd)
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|
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| 96 |
Filed: 2/5/1998, Entered: 2/5/1998 |
Notice (Other) |
|
NOTICE by plaintiff Archer Daniels of taking deposition of Tom Bonness on 2/11/98 (MT, ilcd)
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|
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| 97 |
Filed: 2/5/1998, Entered: 2/5/1998 |
Notice (Other) |
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NOTICE by plaintiff Archer Daniels of taking deposition of Noriko Shinkai on 2/13/98 (MT, ilcd)
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|
|
| -- |
Filed: 2/6/1998, Entered: 2/6/1998 |
Order |
|
ENDORSED ORDER on its face by Judge Harold A. Baker granting motion to withdraw dft Whitacre's 1/29/98 motion and memorandum for sanctions, or, in the alternative, to compel production [95-1]; withdrawing motion for sanctions [92-1], withdrawing motion to compel production [92-2] (cc: all counsel). (MT, ilcd)
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|
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| 98 |
Filed: 2/6/1998, Entered: 2/6/1998 |
Miscellaneous Document |
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CERTIFICATE OF SERVICE of Epstein's time records by defendant Mark E Whitacre (MT, ilcd)
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|
|
| 99 |
Filed: 2/6/1998, Entered: 2/6/1998 |
Miscellaneous Document |
|
CERTIFICATE OF SERVICE of medical records by defendant Mark E Whitacre (MT, ilcd)
|
|
|
| 100 |
Filed: 2/6/1998, Entered: 2/6/1998 |
Transcript |
|
TRANSCRIPT OF PROCEEDINGS for hrg held 1/29/98 filed (MT, ilcd)
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|
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| 101 |
Filed: 2/10/1998, Entered: 2/10/1998 |
Notice (Other) |
|
NOTICE OF CONTINUATION OF DEPOSITION by plaintiff Archer Daniels of Kay Vincent on 2/18/98 (MT, ilcd)
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|
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| 102 |
Filed: 2/10/1998, Entered: 2/10/1998 |
Letter |
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LETTER from Atty James Peckert for ADM confirming use of room at US Courthouse on 2/18/98 for deposition of Kay Vincent. (MT, ilcd)
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|
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| -- |
Filed: 2/12/1998, Entered: 2/12/1998 |
Minutes - Miscellaneous |
|
MINUTE-ENTRY: by Judge Harold A. Baker. After hearing arguments on pending motions on 1/29/98, the following orders are entered: granting motion to compel deposition of Kay Vincent [85-1], finding the motion for instructions as to disposition of funds held under order of court [84-1] moot by the bankruptcy court's withdrawal of its order for surrender, finding the motion to compel deposition of Ginger L. Whitacre [83-1] moot (the deposition has been taken). (cc: all counsel) (MT, ilcd)
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|
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| 103 |
Filed: 2/13/1998, Entered: 2/13/1998 |
Notice (Other) |
|
AMENDED NOTICE of DEPOSITION by plaintiff Archer Daniels that the deposition of Noriko Shinkai will take place on the 10th day of March, 1998, at 11:00 a.m. (KW, ilcd)
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|
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| 104 |
Filed: 2/25/1998, Entered: 2/25/1998, Terminated: 5/7/1998 |
Motion for Order |
|
MOTION by plaintiff Archer Daniels for entry of supplemental order regarding in camera inspection of defendant Whitacre's documents (MT, ilcd)
|
|
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| 105 |
Filed: 3/4/1998, Entered: 3/4/1998 |
Miscellaneous Document |
|
CERTIFICATE OF SERVICE of new unnumbered material of "time sheets of James R. Epstein" pertaining to the court order of 1/29/98 by defendant Mark E Whitacre, counter-claimant Mark E Whitacre (MT, ilcd)
|
|
|
| 106 |
Filed: 3/4/1998, Entered: 3/4/1998 |
Response to Motion |
|
RESPONSE by defendant Mark E Whitacre to motion for entry of supplemental order regarding in camera inspection of defendant Whitacre's documents [104-1] (MT, ilcd)
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|
|
| 107 |
Filed: 3/4/1998, Entered: 3/4/1998 |
Document Sealed |
|
IN CAMERA document re order of 1/29/98 by defendant Mark E Whitacre sealed and placed in vault (MT, ilcd)
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|
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| -- |
Filed: 3/13/1998, Entered: 3/13/1998 |
Minutes - Miscellaneous |
|
MINUTE-ENTRY: by Judge Harold A. Baker. At the request of Attys Shafter and Mulvaney, a conference call was held 3/13/98. Apr of James Shafter and James Mulvaney. The court will enter an order directed to Palmer Bank to release the money being held by the bank. (cc: all counsel) (MT, ilcd)
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|
|
| 108 |
Filed: 3/16/1998, Entered: 3/16/1998 |
Order |
|
|
ORDER by Judge Harold A. Baker. After a telephone conference on 3/13/98 with Atty Shafter and Atty Mulvaney to determine the status of the funds held on deposit by Palmer American Nat'l Bank, the bank is ordered to transfer, assign, and set over to ADM the balance of all funds held in its account #01029223301 in the name of Mark E. Whitacre with Richard Kurth, as signatory. (cc: all counsel; fax copy to Attys Shafter & Mulvaney) (MT, ilcd) Modified on 03/16/1998
|
|
|
| 109 |
Filed: 3/18/1998, Entered: 3/18/1998, Terminated: 3/20/1998 |
Motion for Order |
|
MOTION by plaintiff Archer Daniels for supplemental order re order for attachment (MT, ilcd)
|
|
|
| 110 |
Filed: 3/20/1998, Entered: 3/20/1998 |
Order |
|
|
ORDER by Judge Harold A. Baker granting motion for supplemental order re order for attachment [109-1]. The court order of 3/16/98 is confirmed in all respects. Further, the court discharges ADM from any and all duties and/or obligations created by the Attachment Bond filed herein by ADM; said bond is discharged in its entirety. Further ordered Palmer American Nat'l Bank and Richard Kurth, as garnishees, are dismissed from this proceeding; terminating party Richard F Kurth, party Palmer Am Natl Bank (cc: all counsel) (MT, ilcd)
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|
|
| -- |
Filed: 3/23/1998, Entered: 3/24/1998 |
Minutes - Miscellaneous |
|
MINUTE-ENTRY: by Judge Harold A. Baker. Show cause hearing not held 9:00 3/23/98 ; rule to show cause is discharged as moot. (MT, ilcd)
|
|
|
| 111 |
Filed: 4/7/1998, Entered: 4/9/1998, Terminated: 5/1/1998 |
Motion to Intervene |
|
MOTION by intervenor USA for limited intervention under Rule 24 and for a limited stay of discovery under Rule 26(c) (MT, ilcd)
|
|
|
| 112 |
Filed: 4/7/1998, Entered: 4/9/1998 |
Memorandum in Support of Motion |
|
MEMORANDUM IN SUPPORT of motion for limited intervention under Rule 24 and for a limited stay of discovery under Rule 26(c) [111-1] by intervenor USA (MT, ilcd)
|
|
|
| -- |
Filed: 4/13/1998, Entered: 4/14/1998 |
Minutes - Miscellaneous |
|
MINUTE-ENTRY: by Judge Harold A. Baker At the request of Atty Shafter, a telephone status hearing is set 8:45 4/14/98 between Atty Shafter and Atty Culum (atty for intervenor USA) regarding a question re USA's mo to intervene. (MT, ilcd)
|
|
|
| -- |
Filed: 4/14/1998, Entered: 4/14/1998 |
Minutes - Miscellaneous |
|
MINUTE-ENTRY: by Judge Harold A. Baker. Telephone status hearing held 8:45 4/14/98 --apr of pla by James Shafter; apr of intervenor by Kevin Culum; granting motion for limited intervention under Rule 24 and for a limited stay of discovery under Rule 26(c) [111-1]. Pla to file brief by 4/16/98 and USA to reply by 4/21/98; leave is granted to FAX documents to the court. The court will try to rule by 4/22/98 and fax its ruling. (cc: all counsel) (MT, ilcd)
|
|
|
| 113 |
Filed: 4/14/1998, Entered: 4/14/1998 |
Notice (Other) |
|
NOTICE OF HEARING of status conference on 4/17/98 by plaintiff Archer Daniels (MT, ilcd)
|
|
|
| -- |
Filed: 4/17/1998, Entered: 4/17/1998 |
Minutes - Miscellaneous |
|
MINUTE-ENTRY: by Judge Harold A. Baker. Telephone status hearing held 1:30 4/17/98 --apr of pla by James Peckert/James Shater; apr of dft Whitacre by Bill Walker; apr of Allison by Jacqueline Jacobson; apr of Hulses by Sean Berkowitz; apr of Richter by James Potter; apr of Coverts by Kevin O'Malley; plaintiff ADM moves to lift stay of discovery as to Hulses--motion denied; court will review the in camera documents. Further telephone status hearing set 9:30 7/21/98 IS NOW SET BEFORE JUDGE MCCUSKEY. Plaintiff to initiate the call. (cc: all counsel) (MT, ilcd)
|
|
|
| 114 |
Filed: 4/17/1998, Entered: 4/17/1998 |
Miscellaneous Document |
|
BRIEF FILED by plaintiff Archer Daniels regarding motion for limited intervention under Rule 24 and for a limited stay of discovery under Rule 26(c) [111-1] (MT, ilcd)
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|
|
| -- |
Filed: 4/20/1998, Entered: 4/20/1998 |
Minutes - Miscellaneous |
|
MINUTE-ENTRY: by Chief Judge Michael M. Mihm Case reassigned to Judge Michael P. McCuskey (cc: all counsel) (KC, ilcd)
|
|
|
| 115 |
Filed: 4/22/1998, Entered: 4/22/1998 |
Reply |
|
REPLY MEMORANDUM IN SUPPORT OF MOTION OF THE UNITED STATES FOR LIMITED INTERVENTION UNDER RULE 24 AND FOR A LIMITED STAY OF DISCOVERY UNDER RULE 26(C) by intervenor USA brief [114-1] (MT, ilcd)
|
|
|
| 116 |
Filed: 4/22/1998, Entered: 4/22/1998, Terminated: 4/28/1998 |
Motion to Withdraw as Attorney |
|
MOTION by intervenor USA to withdraw attorney Marvin N Price, Robin R Mann (MT, ilcd)
|
|
|
| -- |
Filed: 4/23/1998, Entered: 4/23/1998 |
Minutes - Miscellaneous |
|
MINUTE-ENTRY: by Judge Harold A. Baker granting motion for a limited stay of discovery [112-1]. Written order to follow. (cc mailed & faxed: all counsel) (MT, ilcd)
|
|
|
| -- |
Filed: 4/28/1998, Entered: 4/28/1998 |
Order |
|
ENDORSED ORDER on its face by Judge Harold A. Baker granting motion to withdraw attorney Marvin N Price, attorney Robin R Mann [116-1] for USA. (cc: all counsel). (MT, ilcd)
|
|
|
| -- |
Filed: 5/1/1998, Entered: 5/1/1998 |
Minutes - Miscellaneous |
|
MINUTE-ENTRY: by Judge Harold A. Baker. The discovery deadline has been extended to 11/30/98; therefore the case-dispositive motion filing ddl is extended to 12/30/98 (cc: all counsel) (MT, ilcd)
|
|
|
| 117 |
Filed: 5/1/1998, Entered: 5/1/1998 |
Order |
|
|
ORDER by Judge Harold A. Baker granting motion for a limited stay of discovery under Rule 26(c) [111-1] ; discovery extended to 11/30/98 (cc: all counsel) (MT, ilcd)
|
|
|
| 118 |
Filed: 5/1/1998, Entered: 5/1/1998 |
Miscellaneous Document |
|
CERTIFICATE OF SERVICE of request for production of documents by plaintiff Archer Daniels (MT, ilcd)
|
|
|
| 119 |
Filed: 5/7/1998, Entered: 5/7/1998 |
Order |
|
|
ORDER by Judge Harold A. Baker. The motion to compel is denied and the objection on the basis of attorney-client privilege is sustained. The parties are further ordered to show cause why the pleadings and memoranda filed under seal heretofore in this case should not be unsealed and placed in the court's open files. (cc: all counsel) (MT, ilcd)
|
|
|
| 120 |
Filed: 5/8/1998, Entered: 5/8/1998 |
Miscellaneous Document |
|
CERTIFICATE OF SERVICE of amended request for production of documents by plaintiff Archer Daniels (MT, ilcd)
|
|
|
| 121 |
Filed: 5/11/1998, Entered: 5/12/1998 |
Notice (Other) |
|
NOTICE by plaintiff Archer Daniels of taking deposition of Reinhard Richter on 5/18/98 (MT, ilcd)
|
|
|
| 122 |
Filed: 5/18/1998, Entered: 5/18/1998 |
Notice (Other) |
|
AMENDED NOTICE by plaintiff Archer Daniels of taking deposition of Reinhard Richter on 5/18/98 (MT, ilcd)
|
|
|
| 123 |
Filed: 5/22/1998, Entered: 5/22/1998 |
Notice (Other) |
|
NOTICE by plaintiff Archer Daniels of taking deposition of Mark E. Whitacre on 5/28/98 at 9:30 am (MT, ilcd)
|
|
|
| 124 |
Filed: 5/27/1998, Entered: 5/27/1998, Terminated: 5/28/1998 |
Motion for Order |
|
MOTION by plaintiff Archer Daniels for leave to take deposition of Mark Whitacre (MT, ilcd)
|
|
|
| 125 |
Filed: 5/28/1998, Entered: 5/28/1998 |
Notice (Other) |
|
NOTICE by plaintiff Archer Daniels of taking deposition of Mark E. Whitacre on 6/1/98 at 10:00 am (MT, ilcd)
|
|
|
| 126 |
Filed: 5/28/1998, Entered: 5/28/1998 |
Order |
|
|
ORDER by Judge Michael P. McCuskey granting motion for leave to take deposition of Mark Whitacre [124-1] (cc: all counsel) (MT, ilcd) Modified on 05/28/1998
|
|
|
| 127 |
Filed: 6/18/1998, Entered: 6/18/1998 |
Notice of Voluntary Dismissal |
|
NOTICE of DISMISSAL as to Evelyn Whitacre (a/k/a Mrs. Marion Whitacre) and Marion Whitacre (a/k/a Farmer Whitacre) as named in case No. 97-2005 (MT, ilcd)
|
|
|
| 128 |
Filed: 6/18/1998, Entered: 6/18/1998, Terminated: 7/21/1998 |
Motion to Amend/Correct |
|
MOTION by plaintiff Archer Daniels to amend complaint to add add'l counts (MT, ilcd)
|
|
|
| 129 |
Filed: 6/18/1998, Entered: 6/18/1998 |
Memorandum in Support of Motion |
|
MEMORANDUM IN SUPPORT of motion to amend complaint to add add'l counts [128-1] by plaintiff Archer Daniels (MT, ilcd)
|
|
|
| 130 |
Filed: 7/7/1998, Entered: 7/8/1998 |
Motion to Compel |
|
MOTION by plaintiff Archer Daniels to compel privilege log (MT, ilcd)
|
|
|
| 131 |
Filed: 7/7/1998, Entered: 7/8/1998 |
Memorandum in Support of Motion |
|
MEMORANDUM IN SUPPORT of motion to compel privilege log [130-1] by plaintiff Archer Daniels (MT, ilcd)
|
|
|
| 132 |
Filed: 7/13/1998, Entered: 7/14/1998 |
Response to Motion |
|
RESPONSE by defendant Mark E Whitacre to motion to compel privilege log [130-1] (MT, ilcd)
|
|
|
| -- |
Filed: 7/21/1998, Entered: 7/21/1998 |
Minutes - Miscellaneous |
|
MINUTE-ENTRY: by Judge Michael P. McCuskey. Status hearing held at 9:30 a.m. on 7/21/98 ; James Peckert, A. James Shafter and Laurie Fulton appeared for pltf. Scott Roberts appeared as In-house counsel for ADM. Bill Walker appeared for deft Mark Whitacre. Status of case discussed. The Court grants plaintiff's motion to amend complaint to add add'l counts [128-1]. Amended Complaint filed 7/21/98. The Defendant is allowed 21 days (8/11/98) to file responsive pleading. The Court grants plaintiff's motion to compel privilege log [130-1]. Defendant Whitacre allowed until 5:00 p.m. on 8/21/98 to comply with Rule 26(b)(5) . The clerk is directed to copy sealed documents filed in vault as docket entry #107 and make the copies available for pickup at the Urbana Courthouse by defendant's counsel upon signing an appropriate receipt. Matter set for a telephone status hearing at 9:30 a.m. on 9/1/98 . Plaintiff to initiate the call. (cc: all counsel) (SLJ, ilcd) Modified on 07/22/1998
|
|
|
| 133 |
Filed: 7/21/1998, Entered: 7/21/1998 |
Amended Complaint |
|
AMENDED COMPLAINT by plaintiff Archer Daniels [1-2] (SLJ, ilcd)
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| -- |
Filed: 7/22/1998, Entered: 7/22/1998 |
Minutes - Miscellaneous |
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MINUTE-ENTRY: by Judge Michael P. McCuskey. These cases have been consolidated for discovery purposes only. Therefore, the parties are ordered to file motions only in the case the motion applies to. There is no need to file a duplicate motion in the other case if the motion does not pertain to that case. (cc: all counsel) (SLJ, ilcd)
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| 134 |
Filed: 7/27/1998, Entered: 7/27/1998 |
Receipt |
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RECEIPT signed by Atty Bill Walker acknowledging receipt of copies of privileged work product materials filed under seal. (MT, ilcd)
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| 135 |
Filed: 8/6/1998, Entered: 8/7/1998 |
Miscellaneous Document |
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CERTIFICATE OF SERVICE of Request for Production of Documents by plaintiff Archer Daniels (MT, ilcd)
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| 136 |
Filed: 8/14/1998, Entered: 8/14/1998 |
Answer to Complaint |
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ANSWER TO ADDITIONAL COUNTS TO COMPLAINT by defendant Mark E Whitacre (MT, ilcd)
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| -- |
Filed: 9/1/1998, Entered: 9/1/1998 |
Minutes - Miscellaneous |
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MINUTE-ENTRY: by Judge Michael P. McCuskey. Appearances of A. James Shafter, James Peckert and Laurie Fulton for ADM. No appearance for dft Whitacre. Telephone status conference call hearing held 9:30 a.m. on 9/1/98 . Mr. Shafter advises Court that Mr. Walker is currently in trial in the Northern District of Illinois. Court advises Mr. Shafter once he has had an opportunity to talk with Mr. Walker, to contact the Court for a further status hearing date. (Attorneys for ADM and dft Whitacre only need be present on call). (cc: all counsel) (JAB, ilcd)
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| 137 |
Filed: 9/10/1998, Entered: 9/10/1998, Terminated: 8/5/1999 |
Motion for Summary Judgment |
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MOTION by plaintiff Archer Daniels for summary judgment (MT, ilcd)
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| 138 |
Filed: 9/10/1998, Entered: 9/10/1998 |
Statement of Facts |
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STATEMENT OF FACTS (undisputed) by plaintiff Archer Daniels in support of motion for summary judgment [137-1] (MT, ilcd)
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| 139 |
Filed: 9/10/1998, Entered: 9/10/1998, Terminated: 9/11/1998 |
Motion for Leave to File Excess Pages |
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MOTION by plaintiff Archer Daniels to exceed page limitation of memo in support of mo for sum jgm (MT, ilcd)
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| 140 |
Filed: 9/10/1998, Entered: 9/10/1998 |
Trial Exhibit |
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EXHIBITS IN SUPPORT OF ADM'S MOTION FOR SUMMARY JUDGMENT by plaintiff Archer Daniels (three volumes) (MT, ilcd)
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| -- |
Filed: 9/11/1998, Entered: 9/11/1998 |
Order |
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ENDORSED ORDER on its face by Judge Michael P. McCuskey granting motion to exceed page limitation of memo in support of mo for sum jgm [139-1] (cc: all counsel). (MT, ilcd)
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| 141 |
Filed: 9/11/1998, Entered: 9/11/1998 |
Memorandum in Support of Motion |
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MEMORANDUM IN SUPPORT of motion for summary judgment [137-1] by plaintiff Archer Daniels (MT, ilcd)
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| 142 |
Filed: 9/14/1998, Entered: 9/21/1998 |
Notice of Change of Address |
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NOTICE by attorney Richard F Kurth on behalf of defendant Mark E Whitacre, counter-claimant Mark Whitacre of change of address to P O Box 746, Danville, IL 61834, (217) 446-0880, fax (217) 442-3901 (VB, ilcd)
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| 143 |
Filed: 9/24/1998, Entered: 9/24/1998, Terminated: 9/25/1998 |
Motion for Extension of Time to File |
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MOTION by defendant Mark E Whitacre to extend time to file response to mo for sum jgm (MT, ilcd)
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| -- |
Filed: 9/25/1998, Entered: 9/25/1998 |
Order |
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ENDORSED ORDER on its face by Judge Michael P. McCuskey granting motion to extend time to file response to mo for sum jgm [143-1] [137-1]; response due 10/22/98 (cc: all counsel). (MT, ilcd)
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| 144 |
Filed: 10/9/1998, Entered: 10/9/1998 |
Remark |
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Remark Rec'd copy of notice of pending motion in Whitacre litigation filed with the MDL in MDL No. 1087 and Master File No. 95-1477 (Peoria Division) (MT, ilcd)
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| 145 |
Filed: 10/9/1998, Entered: 10/9/1998, Terminated: 10/20/1998 |
Motion for Leave to File |
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MOTION by plaintiff Archer Daniels for leave to file a correction to the memo of law in support of its motion for summary judgment (MT, ilcd)
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| 146 |
Filed: 10/9/1998, Entered: 10/9/1998 |
Memorandum in Support of Motion |
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MEMORANDUM IN SUPPORT of motion for leave to file a correction to the memo of law in support of its motion for summary judgment [145-1] by plaintiff Archer Daniels (MT, ilcd)
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| -- |
Filed: 10/15/1998, Entered: 10/15/1998 |
Minutes - Miscellaneous |
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MINUTE-ENTRY: by Judge Michael P. McCuskey. Telephone status hearing set 2:00 10/20/98 to discuss all pending matters. Plaintiff to initiate the call. (cc: all counsel) (MT, ilcd)
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| -- |
Filed: 10/20/1998, Entered: 10/20/1998 |
Order |
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ENDORSED ORDER on its face by Judge Michael P. McCuskey granting motion for leave to file a correction to the memo of law in support of its motion for summary judgment [145-1] (cc: all counsel). (MT, ilcd)
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| -- |
Filed: 10/20/1998, Entered: 10/21/1998 |
Minutes - Miscellaneous |
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MINUTE-ENTRY: by Judge Michael P. McCuskey. Telephone status hearing held 2:00 10/20/98 --apr of pla by James Shafter/Laurie Fulton; no apr by dft. Statements heard by atty Shafter as to status. Atty Shafter to try to locate atty Walker to set up a call later today or this week. (cc: all counsel) (MT, ilcd)
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| 147 |
Filed: 10/22/1998, Entered: 10/22/1998, Terminated: 10/23/1998 |
Motion for Extension of Time to File |
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MOTION by defendant Mark E Whitacre to extend time to file response to motion for summary judgment (MT, ilcd)
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| -- |
Filed: 10/23/1998, Entered: 10/23/1998 |
Order |
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ENDORSED ORDER on its face by Judge Michael P. McCuskey granting motion to extend time to file response to motion for summary judgment [147-1] re motion for summary judgment [137-1]; response due 11/12/98. (cc: all counsel). (MT, ilcd)
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| 148 |
Filed: 11/12/1998, Entered: 11/12/1998, Terminated: 11/13/1998 |
Motion for Extension of Time to File |
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MOTION by defendant Mark E Whitacre to extend time to file response to mo for sum jgm (MT, ilcd)
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| -- |
Filed: 11/13/1998, Entered: 11/13/1998 |
Minutes - Miscellaneous |
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MINUTE-ENTRY: by Judge Michael P. McCuskey. Telephone status hearing held 11/13/98--apr of pla by James Shafter/Laurie Fulton; apr of dfts by William Walker/Sidney Hulse, pro se/Richard Kurth; granting motion to extend time to file response to mo for sum jgm [148-1] re motion for summary judgment [137-1]; response due 12/14/98 ; telephone status hearing is scheduled 1:30 12/14/98 ; plaintiff to initiate the call. Parties progressing re settlement w/ Ginger Whitacre and Reinhard Richter. Privilege log to report at next telephone status conference. (Mo #126 to compel is taken under advisement in 97-2005.) (cc: all counsel) (MT, ilcd)
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| -- |
Filed: 12/15/1998, Entered: 12/15/1998 |
Minutes - Miscellaneous |
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MINUTE-ENTRY: by Judge Michael P. McCuskey. Pursuant to minute entry dated 12/11/98 in 97-2005 Archer Daniels v. Allison, the Status hearing previously set at 1:30 Monday, 12/14/98 in Archer Daniels v. Whitacre is rescheduled to 10:30 Tuesday, 12/22/98. The plaintiff will initiate the call. (cc: all counsel) (VB, ilcd)
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| 149 |
Filed: 12/16/1998, Entered: 12/16/1998 |
Response to Motion |
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RESPONSE by defendant Mark E Whitacre to motion for summary judgment [137-1] (SJ, ilcd)
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| 150 |
Filed: 12/16/1998, Entered: 12/16/1998 |
Memorandum in Support of Motion |
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MEMORANDUM IN SUPPORT of motion response [149-1] by defendant Mark E Whitacre (SJ, ilcd)
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| 151 |
Filed: 12/16/1998, Entered: 12/16/1998 |
Response |
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RESPONSE by defendant Mark E Whitacre to statement of undisputed facts [138-1] (SJ, ilcd)
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| -- |
Filed: 12/22/1998, Entered: 12/22/1998 |
Minutes - Miscellaneous |
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MINUTE-ENTRY: by Judge Michael P. McCuskey. Status hearing held at 10:30 on 12/22/98 , Apr of pla thru James Shafter, Laurie Fulton (Scott Roberts as in-house counsel for ADM), Bill Walker for Dr. Whitacre. Pla to file response to dft Whitacre's response w/in 14 days regarding privilege log. Crt allows pla 14 days to file reply to dispositive motion. Misc ddl of 1/5/99 for above settings . (cc: all counsel) (SLJ, ilcd)
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| 152 |
Filed: 1/5/1999, Entered: 1/6/1999 |
Reply to Response to Motion |
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REPLY by plaintiff Archer Daniels to response to motion for summary judgment [137-1] (SJ, ilcd)
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| 153 |
Filed: 1/5/1999, Entered: 1/6/1999 |
Response - Miscellaneous |
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OBJECTIONS by plaintiff Archer Daniels to privilege log (SJ, ilcd)
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| -- |
Filed: 1/8/1999, Entered: 1/11/1999 |
Minutes - Miscellaneous |
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MINUTE-ENTRY: by Judge Michael P. McCuskey - the telephone status hearing set for 1:00 1/22/99 is VACATED and RESET to 1:30 1/27/99 . Parties will be notified by ADM. Plaintiff to initiate the call. (cc: all counsel) (SJ, ilcd)
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| 154 |
Filed: 1/11/1999, Entered: 1/11/1999, Terminated: 1/27/1999 |
Motion to Supplement |
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MOTION by plaintiff Archer Daniels to supplement motion for summary judgment (SJ, ilcd)
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| 155 |
Filed: 1/11/1999, Entered: 1/12/1999 |
Transcript |
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TRANSCRIPT of telephone status call held 12/22/98 filed (SJ, ilcd)
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| 156 |
Filed: 1/12/1999, Entered: 1/12/1999 |
Miscellaneous Document |
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SUPPLEMENT by plaintiff Archer Daniels to objections to privilege log [153-1] (SJ, ilcd)
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| -- |
Filed: 1/27/1999, Entered: 1/27/1999 |
Minutes - Miscellaneous |
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MINUTE-ENTRY: by Judge Michael P. McCuskey ; Status hearing held at 1:30 on 1/27/99 ; apr of pla thru James Shafter & Laurie Fulton. Scott Roberts appeared as in-house counsel for ADM. Apr of dft Mark Whitacre thru Bill Walker. Dft states he is ready for trial except for the priviledge log. Pla is ready for trial. Court advised parties the dispositive motions will be ruled on by 3/31/99. (cc: all counsel) (SLJ, ilcd)
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| -- |
Filed: 1/27/1999, Entered: 1/28/1999 |
Minutes - Miscellaneous |
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MINUTE-ENTRY: by Judge Michael P. McCuskey granting pltf's motion to supplement motion for summary judgment [154-1] (cc: all counsel) (SJ, ilcd)
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| -- |
Filed: 1/27/1999, Entered: 1/28/1999 |
Miscellaneous Document |
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SUPPLEMENTAL MEMORANDUM by plaintiff Archer Daniels to motion for summary judgment [137-1] - see Exhibit "A" attached to document #154 (SJ, ilcd)
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| 157 |
Filed: 1/28/1999, Entered: 1/28/1999 |
Order |
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ORDER by Judge Michael P. McCuskey. IT IS ORDERED that plaintiff's request for a more detailed privilege log is DENIED. (SEE ORDER) (cc: all counsel) (VB, ilcd)
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| 158 |
Filed: 2/16/1999, Entered: 2/22/1999 |
Motion to Withdraw as Attorney |
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Letter construed as a MOTION by plaintiff Archer Daniels to withdraw attorney Susan H Booker (SJ, ilcd)
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| -- |
Filed: 2/19/1999, Entered: 2/22/1999 |
Minutes - Miscellaneous |
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MINUTE-ENTRY: by Judge Michael P. McCuskey - attorney Susan H Booker, attorney of record for the USA, intervenor in this case, has filed a request to withdraw as counsel. This request is allowed [158-1] - attorney Susan H Booker is withdrawn for USA. Attorneys Gerard A. Brost, James M. Griffin, James H. Mutchnik and Kevin C. Culum remain as attorneys of record for the USA, intervenor, in this case. (cc: all counsel) (SJ, ilcd)
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| -- |
Filed: 3/25/1999, Entered: 3/26/1999 |
Minutes - Miscellaneous |
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MINUTE-ENTRY: by Judge Michael P. McCuskey. Status hearing held 3/25/99 at 3:20 p.m. Apr of pla thru James Shafter, Aubrey Daniel & Laurie Fulton. Scott Roberts appeared as In-House Counsel for ADM. Apr of dft Whitacre thru Bill Walker & Richard Kurth. Pla to send Court a copy of Judge Mihm's Order. They advised Court they may file a Motion to Stay. Dft Whitacre will have an opportunity to respond to Motion. (cc: all counsel) (SLJ, ilcd)
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| 159 |
Filed: 4/7/1999, Entered: 4/8/1999 |
Motion for Order |
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MOTION by plaintiff Archer Daniels for order to stay consideration of that portion of ADM's Motion for Summary Judgment relating to Count VII of the Amended Complaint (SJ, ilcd)
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| 160 |
Filed: 4/27/1999, Entered: 4/27/1999 |
Transcript |
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TRANSCRIPT filed of telephone status call held 3/25/99 before Judge Michael P. Mccuskey (SJ, ilcd)
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| 161 |
Filed: 5/10/1999, Entered: 5/10/1999, Terminated: 5/11/1999 |
Motion to Withdraw as Attorney |
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MOTION by intervenor USA to withdraw attorney Kevin C Culum as counsel in this case (MT, ilcd)
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| -- |
Filed: 5/11/1999, Entered: 5/12/1999 |
Order |
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ENDORSED ORDER on its face by Judge Michael P. McCuskey granting motion to withdraw attorney Kevin C Culum [161-1]; attorney Kevin C Culum for USA is withdrawn (cc: all counsel). (VB, ilcd)
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| -- |
Filed: 8/5/1999, Entered: 8/5/1999 |
Minutes - Miscellaneous |
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MINUTE-ENTRY: by Judge Michael P. McCuskey - on April 14, 1998, the Unites States was allowed to intervene in this case for the limited purpose of staying the depositions of all current or former Government personnel until the completion of the trial in United States v Andreas, No. 96-CR-762 (N.D. Ill.). Trial and sentencing have been completed in that case. In addition, discovery has been completed in this case. Accordingly, the USA is now terminated as an intervenor and David Hoech, objector, is terminated as a party in this case. (cc: all counsel) (SJ, ilcd)
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| 162 |
Filed: 8/5/1999, Entered: 8/5/1999 |
Order |
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ORDER by Judge Michael P. McCuskey - ADM's motion for summary judgment [137-1] is granted as to Counts I, II and III of ADM's amended complaint. Judgment is entered in favor of ADM and against Whitacre in the amount of $6,327,017.52. ADM's motion for summary judgment [137] is denied as to Counts V, VII and VIII. ADM's motion for summary judgment [137] is granted as to Counts I, III, IV, V, VI, VII and VIII of Whitacre's counterclaim; ADM's motion for summary judgment is denied as to Count II of Whitacre's counterclaim. ADM's motion for order to stay consideration of that portion of ADM's Motion for Summary Judgment relating to Count VII of the Amended Complaint [159-1] is granted pending a ruling from the Seventh Circuit in IN RE HIGH FRUCTOSE CORN SYRUP ANTITRUST LITIGATION, case no. 95-1477, MDL No. 1087. ADM's request to voluntarily dismiss Count IV of its amended complaint is granted. In addition, ADM is hereby notified that this court intends to dismiss, with prejudice, Counts V and VI of the amended complaint; ADM is allowed 14 days to file any objection to the dismissal. Misc ddl set 8/19/99 for ADM to file any objection to dismissal of Counts V and VI of amended complaint . Count VIII of ADM's amended complaint and Count II of Whitacre's counterclaim remain pending and have not been stayed. A telephone status conference re counts still pending in this action is set 3:30 8/27/99 . (cc: all counsel) (SJ, ilcd)
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| 163 |
Filed: 8/16/1999, Entered: 8/17/1999, Terminated: 8/25/1999 |
Motion for Miscellaneous Relief |
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MOTION by defendant Mark E Whitacre to clarify record (SJ, ilcd)
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| 164 |
Filed: 8/19/1999, Entered: 8/19/1999 |
Response - Miscellaneous |
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RESPONSE AND OBJECTION (in part) by plaintiff Archer Daniels to proposed dismissal of Counts V and VI of complaint; see order [162-3] (SJ, ilcd)
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| 165 |
Filed: 8/25/1999, Entered: 8/25/1999 |
Order |
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ORDER by Judge Michael P. McCuskey denying motion to clarify record [163-1]; the court has carefully reviewed ADM's response and objection (in part) to proposed dismissal of Counts V and VI of complaint (164). ADM does not object to the dismissal of Count VI of the amended complaint. For the reasons set out in this order and the previous order (162) of this court, this court finds that Count V does not state a claim upon which relief may be granted. This court declines to allow ADM to amend this count of the Amended Complaint almost three years after the original Complaint in this action was filed. Accordingly, Count V and Count VI of ADM's Amended Complaint are DISMISSED with prejudice. (cc: all counsel) (MT, ilcd)
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| 166 |
Filed: 8/26/1999, Entered: 8/26/1999, Terminated: 9/2/1999 |
Motion for Reconsideration |
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MOTION by plaintiff Archer Daniels to reconsider or clarify (MT, ilcd)
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| -- |
Filed: 8/27/1999, Entered: 8/30/1999 |
Minutes - Miscellaneous |
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MINUTE-ENTRY: by Judge Michael P. McCuskey. Telephone status hearing held 3:30 8/27/99 --appearance for pla by James Shafter/Scott Roberts/Paul Mogin; appearance of dfts by Bill Walker. Status of case discussed. Motion to stay Count VIII is denied. Parties request a further telephone status conference in 30 days; parties believe settlement can be reached within 30 days. Telephone status hearing set 9:30 9/24/99 . The Court will initate the call. (cc: all counsel) (MT, ilcd)
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| -- |
Filed: 9/2/1999, Entered: 9/2/1999 |
Minutes - Miscellaneous |
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MINUTE-ENTRY: by Judge Michael P. McCuskey. The motion to reconsider or clarify [166-1] was denied at the telephone status conference on 8/27/99. (cc: all counsel) (SLJ, ilcd)
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| -- |
Filed: 9/23/1999, Entered: 9/24/1999 |
Minutes - Miscellaneous |
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MINUTE-ENTRY: by Judge Michael P. McCuskeyi. Telephone status hearing will not be held 9:30 9/24/99 ; discussion had between the Court and Atty Shafter (with consent of Atty Walker) re continuing status hearing for one week for completion of settlement negotiations. Further telephone status hearing set 9:00 10/1/99 . (cc: all counsel) (MT, ilcd)
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| -- |
Filed: 10/1/1999, Entered: 10/1/1999 |
Minutes - Miscellaneous |
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MINUTE-ENTRY: by Judge Michael P. McCuskey. A telephone status hearing was held at 9:00 on 10/1/99 . Appearance of pla by James Shafter/Paul Mogin. Appearance of dft by Bill Walker. Pla advised Court one issue remains unresolved. Matter set for final pretrial conference at 11:30 on 11/24/99 by personal appearance and jury selection and jury trial at 9:30 on 12/6/99. Proposed Pretrial order due by 11/15/99 . (cc: all counsel) (SLJ, ilcd)
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| 167 |
Filed: 10/19/1999, Entered: 10/19/1999 |
Order |
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ORDER by Judge Michael P. McCuskey. Matter set for final pretrial conference at 11:30 on 11/24/99 by personal appearance in Urbana, IL. See written Order. (cc: all counsel) (SLJ, ilcd)
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| 168 |
Filed: 11/12/1999, Entered: 11/15/1999 |
Motion for Order |
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MOTION by plaintiff for order for a settlement conference (KW, ilcd)
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| 169 |
Filed: 11/16/1999, Entered: 11/17/1999 |
Order |
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ORDER by Judge Harold A. Baker. Settlement conference scheduled at 1:30 on 11/22/99 before Judge Baker. Order faxed to the parties. (cc: all counsel) (KW, ilcd)
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| -- |
Filed: 11/19/1999, Entered: 11/22/1999 |
Proposed Pretrial Order |
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PROPOSED pre-trial order submitted by plaintiff Archer Daniels, defendant Mark E Whitacre (KW, ilcd)
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| 170 |
Filed: 11/19/1999, Entered: 11/22/1999 |
Notice (Other) |
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NOTICE of filing by plaintiff Archer Daniels of proposed pretrial order (KW, ilcd)
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| -- |
Filed: 11/22/1999, Entered: 11/22/1999 |
Minutes - Miscellaneous |
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MINUTE-ENTRY: by Judge Harold A. Baker. Settlement conference held at 1:30 on 11/22/99. Appearance for plaintiff by James Shafter. Appearance for defendant by Bill Walker. Further xtatus hearing scheduled at 2:00 on 11/23/99. The Court will initiate the call. (cc: all counsel) (KW, ilcd) Modified on 11/22/1999
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| -- |
Filed: 11/23/1999, Entered: 11/23/1999 |
Order |
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ENDORSED ORDER on its face by Judge Michael P. McCuskey granting motion to dismiss Ct VIII [171-1] (cc: all counsel). (KW, ilcd)
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| -- |
Filed: 11/23/1999, Entered: 11/23/1999 |
Minutes - Miscellaneous |
|
MINUTE-ENTRY: by Judge Harold A. Baker. Status hearing held at 2:00 on 11/23/99. Appearance for plaintiff by James Shafter. No appearance for the defendant. Mr. Shafter informed the Court that Mr. Walker would not be available for the conference call. Case is not settled. There are still some discussion going on. Parties will be in Court on Wednesday at 11:30 before Judge McCuskey. Parties request if Judge Baker could be available at other times. Judge Baker informed the parties that they can reach him at any time. Cause continued. (cc: all counsel) (KW, ilcd)
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| 171 |
Filed: 11/23/1999, Entered: 11/23/1999, Terminated: 11/23/1999 |
Motion to Dismiss |
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MOTION by plaintiff, counter-defendant to dismiss (KW, ilcd)
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| -- |
Filed: 11/24/1999, Entered: 11/24/1999 |
Minutes - Miscellaneous |
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MINUTE-ENTRY: by Judge Harold A. Baker. Pretrial conference began at 11:20 on 11/24/99. Appearance of pla by James Peckert and A. James Shafter. Appearance of dft by Bill Walker and Richard Kurth. No pretrial order signed. Matter continued at 1:00 on 12/3/99 for further pretrial conference. (cc: all counsel) (SLJ, ilcd)
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| -- |
Filed: 12/1/1999, Entered: 12/1/1999 |
Minutes - Miscellaneous |
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MINUTE-ENTRY: by Judge Harold A. Baker. The Court has had conversations with counsel for the parties yesterday and today, and it is the Court's understanding based upon these conversations that the case is now settled. On November 23, 1999, Judge McCuskey dismissed Count VIII (Illinois Eavesdropping Act) of ADM's Amended Complaint based upon a Motion to Dismiss filed by ADM on that date. As of this date, the only count pending in either ADM's Amended Complaint (other than Count VII which previously stayed by Judge McCuskey) or Whitacre's Counterclaim, is Count II of Whitacre's Counterclaim which, pursuant to settlement, will be dismissed with prejudice. The parties are ordered to carry out the terms of settlement as discussed with the Court and counsel for the parties may submit further documentation to this Court or Judge McCuskey, as may be appropriate. The final pretrial conference which was originally scheduled for November 24, 1999, was continued for further hearing until December 3, 1999, at 1:00 p.m. Based upon the representations of counsel the continued final pretrial conference is cancelled. It is therefore ordered that this case is dismissed without costs and with prejudice. Leave is granted, upon good cause shown within thirty-five (35) days, to reinstate the case if settlement is not consummated. As a term of this dismissal, the court retains jurisdiction of this case to enforce compliance with the settlement contract. See Kokkonen v Guardian Life Ins. Co., 511 U.S. 375, 114 S.Ct. 1673, 128L. Ed. 2d. 391 (1994). Case dismissed. (cc: Judge McCuskey & all counsel) (KW, ilcd)
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| -- |
Filed: 12/1/1999, Entered: 12/1/1999 |
Minutes - Miscellaneous |
|
AMENDED AND SUPERSEDING MINUTE-ENTRY: by Judge Harold A. Baker. It is therefore ordered that this case is dismissed without costs and with prejudice, except for Count VII which is dismissed without prejudice and with leave to reinstate within 30 days following ruling by the Seventh Circuit in the companion case on appeal from the Peoria Division. (cc: all counsel) (KW, ilcd) Modified on 12/01/1999
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| 172 |
Filed: 12/1/1999, Entered: 12/1/1999 |
Judgment |
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|
JUDGMENT in a civil case entered. This case is dismissed without costs & with prejudice. As a term of this dismissal, the court retains jurisdiction of this case to enforce compliance with the settlement contract. See Kokkonen v Guardian Life Ins. Co. (cc: Judge McCuskey & all counsel) (KW, ilcd)
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| 173 |
Filed: 12/1/1999, Entered: 12/1/1999 |
Judgment |
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AMENDED AND SUPERSEDING JUDGMENT in a civil case entered. This case is dismissed without costs and with prejudice, including Count VII which is dismissed without prejudice and with leave to reinstate within 30 days following ruling by the Seventh Circuit in the companion case on appeal from the Peoria Division. (cc: all counsel) (KW, ilcd)
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| -- |
Filed: 5/19/2000, Entered: 5/19/2000 |
Archives File Sent to FRC |
|
ARCHIVES FILE sent to FRC, Chicago on 4/28/00, Accession No. 021 00 0077 Box No. 28 and 29 of 48 Location 190717-190764 (SK, ilcd)
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| 174 |
Filed: 12/27/2000, Entered: 12/27/2000 |
Letter |
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LETTER to attys of record re: returning in-camera documents (VB, ilcd)
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| 175 |
Filed: 1/4/2001, Entered: 1/4/2001 |
Receipt |
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RECEIPT for returning confidential and sealed envelopes of documents #33, #42, #43, #48 and #107 to Atty Peckert for pla ADM (VB, ilcd)
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