| -- |
Filed: 12/11/1995, Entered: 12/13/1995 |
Remark |
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ABOVE PLEADINGS ARE ALL COPIES OF PAPERS FILED IN THE CIRCUIT COURT FOR MONTGOMERY COUNTY. (cag, Deputy Clerk)
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| 1 |
Filed: 12/11/1995, Entered: 12/13/1995 |
Notice of Removal |
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NOTICE OF REMOVAL by Defendants; FILING FEE $ 120.00 RECEIPT # 113995 (cag, Deputy Clerk)
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| 2 |
Filed: 12/11/1995, Entered: 12/13/1995 |
Complaint |
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COMPLAINT and Attachments filed. (cag, Deputy Clerk)
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| 3 |
Filed: 12/11/1995, Entered: 12/13/1995 |
Motion for Summary Judgment |
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MOTION with memorandum in support by Suburban Mortgage for Summary Judgment . (cag, Deputy Clerk)
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| 4 |
Filed: 12/11/1995, Entered: 12/13/1995 |
Local Rule |
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Local Rule 103.5 Certification of filing State Court papers. (cag, Deputy Clerk)
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| 5 |
Filed: 12/11/1995, Entered: 12/13/1995, Terminated: 1/5/1996 |
Motion to Appear Pro Hac Vice |
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MOTION by Exel Properties, LTD, Joel B. Hart, Matthew C. Hart for Peter S. Sidel to Appear Pro Hac Vice . (cag, Deputy Clerk)
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| -- |
Filed: 12/13/1995, Entered: 12/13/1995 |
Remark |
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Notice of Removal mailed to parties. (cag, Deputy Clerk)
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| 6 |
Filed: 12/18/1995, Entered: 12/19/1995, Terminated: 4/15/1996 |
Motion to Dismiss |
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MOTION with memorandum in support by Exel Properties, LTD, Joel B. Hart, Matthew C. Hart to Dismiss ; Exhibits A thru D and Request for Hearing. (c/s) (cag, Deputy Clerk)
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| 7 |
Filed: 12/19/1995, Entered: 12/21/1995, Terminated: 12/22/1995 |
Motion to Stay |
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MOTION by Exel Properties, LTD, Joel B. Hart, Matthew C. Hart to Stay Deadline for filing Opposition to Plaintiff's Motion for Summary Judgment . (c/s) (cag, Deputy Clerk)
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| 8 |
Filed: 12/22/1995, Entered: 12/27/1995 |
Order |
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ORDER granting [7-1] motion of defendant to Stay Deadline for filing Opposition to Plaintiff's Motion for Summary Judgment ( signed by Judge Benson E. Legg December 21, 1995) (c/m 12/27/95-bj) (mdd, Deputy Clerk)
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| 9 |
Filed: 12/29/1995, Entered: 1/3/1996 |
Local Rule |
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Local Rule 103.3 Certification of Exel Properties. (c/s) (cag, Deputy Clerk)
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| 10 |
Filed: 1/4/1996, Entered: 1/4/1996, Terminated: 2/6/1998 |
Response in Opposition |
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RESPONSE by Suburban Mortgage in opposition to [6-1] motion by Exel to Dismiss. (c/s) (cag, Deputy Clerk)
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| 11 |
Filed: 1/5/1996, Entered: 1/5/1996 |
Order |
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ORDER granting [5-1] motion for Peter S. Sidel to Appear Pro Hac Vice. ( signed by Sr. Judge Walter E. Black Jr. 1/4/96 ) (c/m 1/5/96-cag) (Fee paid) (cag, Deputy Clerk)
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| 12 |
Filed: 1/16/1996, Entered: 1/17/1996 |
Response in Support |
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REPLY by Exel Properties, LTD, Joel B. Hart, Matthew C. Hart in support of their [6-1] motion to Dismiss. (c/s) (cag, Deputy Clerk)
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| 13 |
Filed: 2/28/1996, Entered: 3/8/1996, Terminated: 3/7/1996 |
Motion to Appear Pro Hac Vice |
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MOTION by Suburban Mortgage for Robert K. Taylor to Appear Pro Hac Vice . (cag, Deputy Clerk)
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| 14 |
Filed: 3/7/1996, Entered: 3/8/1996 |
Order |
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ORDER granting [13-1] motion for Robert K. Taylor to Appear Pro Hac Vice. ( signed by Sr. Judge Walter E. Black Jr. 3/6/96 ) (c/m 3/8/96-cag) (cag, Deputy Clerk)
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| -- |
Filed: 4/12/1996, Entered: 4/15/1996 |
Motion Hearing |
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Motion hearing held before Black, J. re: [6-1] motion to Dismiss by Matthew C. Hart, Joel B. Hart, Exel Properties, LTD - "DENIED" for reasons stated in open Court. (Tape: Eley) (cag, Deputy Clerk)
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| 15 |
Filed: 4/15/1996, Entered: 4/15/1996 |
Order |
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ORDER denying [6-1] motion by Defendants to Dismiss. ( signed by Sr. Judge Walter E. Black Jr. 4/12/96 ) (c/m 4/15/96-cag) (cag, Deputy Clerk)
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| 16 |
Filed: 4/26/1996, Entered: 4/29/1996 |
Answer to Complaint |
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ANSWER to Complaint by Exel Properties, LTD, Joel B. Hart, Matthew C. Hart. (Attorney John Anthony Wolf) (cag, Deputy Clerk)
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| 17 |
Filed: 4/30/1996, Entered: 5/1/1996 |
Scheduling Order |
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SCHEDULING ORDER ( signed by Sr. Judge Walter E. Black Jr. 4/30/96 ) (c/m 5/1/96-cag) (cag, Deputy Clerk)
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| 18 |
Filed: 5/1/1996, Entered: 5/2/1996 |
Order |
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MARGINAL ORDER "WITHDRAWING" without Prejudice [3-1] motion by Plaintiff for Summary Judgment. ( signed by Sr. Judge Walter E. Black Jr. 4/30/96 ) (c/m 5/2/96-cag) (cag, Deputy Clerk)
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| 19 |
Filed: 5/8/1996, Entered: 5/8/1996, Terminated: 5/8/1996 |
Motion to Withdraw |
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LETTER/MOTION by Suburban Mortgage for John Edward Powell to Withdraw as Attorney . (cag, Deputy Clerk)
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| 20 |
Filed: 5/8/1996, Entered: 5/8/1996 |
Order |
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ORDER "DIRECTING" Clerk to strike the Appearance of John E. Powell as counsel for Plaintiff. ( signed by Sr. Judge Walter E. Black Jr. 5/7/96 ) (c/m 5/8/96-cag) (cag, Deputy Clerk)
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| 21 |
Filed: 10/8/1996, Entered: 10/9/1996 |
Order |
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STIPULATION AND ORDER "EXTENDING" Deadlines. ( signed by Sr. Judge Walter E. Black Jr. 10/7/96 ) (c/m 10/9/96-cag) (cag, Deputy Clerk)
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| 22 |
Filed: 11/5/1996, Entered: 11/6/1996 |
Order |
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STIPULATION AND ORDER "APPROVING" parties request to take the Deposition of Kim Gilliam outside the existing Discovery Period and Amending the Schedule for filing of Motions. ( signed by Sr. Judge Walter E. Black Jr. 11/1/96 ) (c/m 11/6/96-cag) (cag, Deputy Clerk)
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| 23 |
Filed: 1/7/1997, Entered: 1/9/1997, Terminated: 4/11/1997 |
Motion for Leave to File |
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MOTION by Exel Properties, LTD, Joel B. Hart, Matthew C. Hart for Leave to File Counterclaim by Amendment and Proposed Amended Answer and Counterclaim. (c/s) (cag, Deputy Clerk)
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| 24 |
Filed: 1/27/1997, Entered: 1/28/1997 |
Order |
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STIPULATION and ORDER "EXTENDING" deadline for Plaintiff to respond to Exel Properties, Ltd.'s Motion for leave to file counterclaim to 1/27/97. ( signed by Sr. Judge Walter E. Black Jr. 1/24/97 ) (c/m 1/28/97- dl) (mdd, Deputy Clerk)
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| 25 |
Filed: 1/27/1997, Entered: 1/28/1997 |
Response in Opposition |
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RESPONSE by Suburban Mortgage in opposition to [23-1] motion of Matthew C. Hart, Joel B. Hart, and Exel Properties, Ltd. for Leave to File Counterclaim by Amendment and Request for Hearing and Exhibits A thru H. (c/s) (mdd, Deputy Clerk)
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| 26 |
Filed: 2/10/1997, Entered: 2/11/1997 |
Response in Support |
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REPLY by Exel Properties, LTD, Joel B. Hart, Matthew C. Hart in support of their [23-1] motion for Leave to File Counterclaim by Amendment and Exhibits 1 thru 11. (c/s) (cag, Deputy Clerk)
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| 27 |
Filed: 3/5/1997, Entered: 3/6/1997 |
Motion for Leave to File |
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MOTION (Supplemental) by Exel Properties, LTD, Joel B. Hart, Matthew C. Hart for Leave to File Amended Answer ; Proposed Amended Answer and Exhibits. (c/s) (jlb, Deputy Clerk)
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| 28 |
Filed: 3/24/1997, Entered: 3/25/1997 |
Response in Opposition |
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RESPONSE by Suburban Mortgage in opposition to [27-1] motion for Leave to File Amended Answer by Matthew C. Hart, Joel B. Hart, Exel Properties, LTD and Exhibits A-B. (c/s) (jlb, Deputy Clerk)
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| 29 |
Filed: 3/24/1997, Entered: 3/25/1997 |
Status Report |
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JOINT STATUS REPORT by Parties and Request for Scheduling Conference. (c/s) (jlb, Deputy Clerk)
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| 30 |
Filed: 4/1/1997, Entered: 4/2/1997 |
Response in Support |
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REPLY by Exel Properties, LTD, Joel B. Hart, Matthew C. Hart in support of their [27-1] motion for Leave to File Amended Answer. (c/s) LTD (jlb, Deputy Clerk)
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| -- |
Filed: 4/11/1997, Entered: 4/11/1997 |
Motion Hearing |
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Motion hearing held before Black, Jr. re: [23-1] motion for Leave to File Counterclaim by Amendment by Matthew C. Hart, Joel B. Hart, Exel Properties, LTD, [27-1] motion for Leave to File Amended Answer by Matthew C. Hart, Joel B. Hart, Exel Properties, LTD and for a Status Conference. (E.R.- Ron Lawson) (jlb, Deputy Clerk)
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| -- |
Filed: 4/11/1997, Entered: 4/11/1997 |
Remark |
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Argument of Counsel. (jlb, Deputy Clerk)
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| -- |
Filed: 4/11/1997, Entered: 4/11/1997 |
Remark |
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Oral Opinion by Black, J. "GRANTING" both Motions of Defendants to amend per Nos. 23 and 27 and Establishing a Scheduling Order as stated on the record in open Court. (jlb, Deputy Clerk)
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| 31 |
Filed: 4/11/1997, Entered: 4/14/1997 |
Order |
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ORDER granting [23-1] motion of Defendants for Leave to File Counterclaim by Amendment, granting [27-1] motion of Defendants for Leave to File Amended Answer and "DIRECTING" Clerk accept Defendants Amended Answer and Counterclaim (Exhibit 1 to Paper 23) for Filing. ( signed by Sr. Judge Walter E. Jr. 4/11/97 ) (c/m 4/11/97-am) (jlb, Deputy Clerk) Modified on 04/15/1997
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| 32 |
Filed: 4/14/1997, Entered: 4/14/1997 |
Notice of Appearance |
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NOTICE of attorney appearance for Exel Properties, LTD by J. Kirby Fowler Jr. (jlb, Deputy Clerk) Modified on 04/14/1997
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| 33 |
Filed: 4/14/1997, Entered: 4/15/1997 |
Amended Answer to Complaint |
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AMENDED ANSWER to Complaint by Exel Properties, LTD, Joel B. Hart, Matthew C. Hart : amends [16-1] answer by Matthew C. Hart, Joel B. Hart, Exel Properties, LTD. (c/s) (jlb, Deputy Clerk)
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| 33 |
Filed: 4/14/1997, Entered: 4/15/1997 |
Counterclaim |
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AMENDED COUNTERCLAIM by Exel Properties, Ltd., Joel B. Hart, Matthew C. Hart against Suburban Mortgage. (jlb, Deputy Clerk)
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| 34 |
Filed: 4/25/1997, Entered: 4/28/1997 |
Answer to Counterclaim |
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ANSWER by Suburban Mortgage to [33-1] amended claim. (c/s) (jlb, Deputy Clerk)
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| 35 |
Filed: 5/20/1997, Entered: 5/21/1997 |
Memorandum |
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MEMORANDUM "SETTING" Date for Remaining Discovery to be Completed. ( signed by Sr. Judge Walter E. Black Jr. 5/19/97 ) (c/s 5/19/97-am) (jlb, Deputy Clerk)
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| 36 |
Filed: 6/11/1997, Entered: 6/12/1997 |
Transcript |
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Transcript of Oral Opinion held before Black, Sr. J. (FILED SEPARATELY) (jlb, Deputy Clerk)
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| 37 |
Filed: 6/24/1997, Entered: 6/26/1997 |
Scheduling Order |
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SUPPLEMENTAL SCHEDULING ORDER ( signed by Sr. Judge Walter E. Black Jr. 6/24/97 ) (c/m 6/24/97-am) (jlb, Deputy Clerk)
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| 38 |
Filed: 8/4/1997, Entered: 8/4/1997 |
Order Referring Case to Magistrate Judge |
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ORDER REFERRING CASE to Magistrate Judge Paul W. Grimm for Settlement or other ADR Conference. ( signed by Sr. Judge Walter E. Black Jr. 7/29/97 ) (c/m 8/4/97-hsg) (jlb, Deputy Clerk)
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| 39 |
Filed: 8/8/1997, Entered: 8/11/1997 |
Order |
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ORDER "SETTING" Date for Settlement Conference. ( signed by Magistrate Judge Paul W. Grimm 8/8/97 ) (c/m 8/8/97-jf) (jlb, Deputy Clerk)
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| 40 |
Filed: 9/9/1997, Entered: 9/9/1997 |
Memorandum |
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MEMORANDUM "RESCHEDULING" Settlement Conference. ( signed by Magistrate Judge Paul W. Grimm 9/8/97 ) (c/m 9/8/97-Chambers) (jlb, Deputy Clerk)
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| -- |
Filed: 10/9/1997, Entered: 10/14/1997 |
Settlement Conference |
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Settlement conference held before, Grimm, USMJ. (jlb, Deputy Clerk)
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| -- |
Filed: 10/9/1997, Entered: 10/14/1997 |
Add and Terminate Judges |
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CASE NO LONGER REFERRED TO Magistrate Judge Paul W. Grimm (jlb, Deputy Clerk)
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| 41 |
Filed: 10/17/1997, Entered: 10/20/1997, Terminated: 10/24/1997 |
Motion for Summary Judgment |
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MOTION by Suburban Mortgage for Summary Judgment on Defendant's Counterclaim and Exhibits A-Q. (c/s) (EXHIBITS FILED SEPARATELY) (jlb, Deputy Clerk)
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| -- |
Filed: 10/24/1997, Entered: 10/24/1997 |
Pretrial Conference - Final |
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Pre-trial conference held before, Black, Sr. Judge (jlb, Deputy Clerk)
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| 42 |
Filed: 10/24/1997, Entered: 10/24/1997 |
Order |
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MARGINAL ORDER denying as Untimely, [41-1] motion of Plaintiff for Summary Judgment on Defendant's Counterclaim, the Deadline for Substantive Motions having been 7/11/97. ( signed by Sr. Judge Walter E. Black Jr. 10/23/97 ) (c/m 10/23/97-am) (jlb, Deputy Clerk)
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| 43 |
Filed: 10/24/1997, Entered: 10/24/1997 |
Pretrial Order |
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PRETRIAL ORDER Filed ( signed by Sr. Judge Walter E. Black Jr. 10/23/97 ) (c/m 10/23/97-am) (jlb, Deputy Clerk)
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| -- |
Filed: 11/3/1997, Entered: 11/4/1997 |
Jury Trial - Held |
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JURY TRIAL - Day 1 held before Black, Sr. Judge; Joint Motion to Sequester "Granted" (Court Reporter: L. Prince) (jlb, Deputy Clerk)
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| -- |
Filed: 11/3/1997, Entered: 11/4/1997 |
Description not available |
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Jurors Sworn and Examined on Voir Dire. (jlb, Deputy Clerk)
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| -- |
Filed: 11/3/1997, Entered: 11/4/1997 |
Jury Impaneled |
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Jury impaneled and sworn before Black, Sr. Judge. (jlb, Deputy Clerk)
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| 44 |
Filed: 11/3/1997, Entered: 11/3/1997, Terminated: 11/4/1997 |
Motion in Limine |
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MOTION by Suburban Mortgage in Limine for a Preliminary Ruling Excluding Parol Evidence varying the terms of the Parties' Contract . (jlb, Deputy Clerk) Modified on 11/03/1997
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| 45 |
Filed: 11/3/1997, Entered: 11/3/1997, Terminated: 2/6/1998 |
Response in Opposition |
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RESPONSE by Exel Properties, LTD, Joel B. Hart, Matthew C. Hart in opposition to [44-1] motion in Limine for a Preliminary Ruling Excluding Parol Evidence varying the terms of the Parties' Contract by Suburban Mortgage. (jlb, Deputy Clerk)
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| 46 |
Filed: 11/3/1997, Entered: 11/3/1997, Terminated: 11/4/1997 |
Motion for Miscellaneous Relief |
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MOTION by Exel Properties, LTD, Joel B. Hart, Matthew C. Hart to Add Noble Management Company as a Party . (jlb, Deputy Clerk)
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| 47 |
Filed: 11/3/1997, Entered: 11/3/1997, Terminated: 11/4/1997 |
Motion for Miscellaneous Relief |
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MOTION by Exel Properties, LTD, Joel B. Hart, Matthew C. Hart to Excuse Personal Appearance of Matthew Hart at Trial . (jlb, Deputy Clerk)
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| 48 |
Filed: 11/3/1997, Entered: 11/3/1997, Terminated: 11/4/1997 |
Motion in Limine |
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MOTION by Exel Properties, LTD, Joel B. Hart, Matthew C. Hart in Limine to Exclude Net Worth of Joel and Nancy Hart and Exhibit. (jlb, Deputy Clerk)
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| 49 |
Filed: 11/3/1997, Entered: 11/3/1997, Terminated: 11/4/1997 |
Notice (Other) |
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NOTICE of Amendment of Joint Pretrial Statement by Exel Properties, LTD, Joel B. Hart, Matthew C. Hart. (jlb, Deputy Clerk)
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| -- |
Filed: 11/4/1997, Entered: 11/4/1997 |
Jury Trial - Held |
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JURY TRIAL - Day 2 held before Black, Sr. Judge (Court Reporter: L. Prince) (jlb, Deputy Clerk)
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| 50 |
Filed: 11/4/1997, Entered: 11/4/1997 |
Order |
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MARGINAL ORDER denying [44-1] motion of Plaintiff in Limine for a Preliminary Ruling Excluding Parol Evidence varying the terms of the Parties' Contract ( signed by Sr. Judge Walter E. Black Jr. 11/4/97 ) (c/m 11/5/97-jan) (jlb, Deputy Clerk) Modified on 11/04/1997
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| 51 |
Filed: 11/4/1997, Entered: 11/5/1997 |
Order |
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MARGINAL ORDER denying [46-1] motion of Defendants to Add Noble Management Company as a Party. ( signed by Sr. Judge Walter E. Black Jr. 11/4/97 ) (c/m 11/5/97-jan) (jlb, Deputy Clerk)
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| 52 |
Filed: 11/4/1997, Entered: 11/5/1997 |
Order |
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MARGINAL ORDER granting [47-1] motion of Defendants to Excuse Personal Appearance of Matthew Hart at Trial. ( signed by Sr. Judge Walter E. Black Jr. 11/4/97 ) (c/m 11/5/97-jan) (jlb, Deputy Clerk)
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| 53 |
Filed: 11/4/1997, Entered: 11/5/1997 |
Order |
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MARGINAL ORDER denying [48-1] motion of Defendants in Limine to Exclude Net Worth of Joel and Nancy Hart ( signed by Sr. Judge Walter E. Jr. 11/4/97 ) (c/m 11/5/97-jan) (jlb, Deputy Clerk)
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| 54 |
Filed: 11/4/1997, Entered: 11/5/1997 |
Order |
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MARGINAL ORDER Approving [49-1] Defendants Notice of Amendment of Joint Pretrial Statement. ( signed by Sr. Judge Walter E. Black Jr. 11/4/97 ) (c/m 11/5/97-jan) (jlb, Deputy Clerk)
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| -- |
Filed: 11/5/1997, Entered: 11/6/1997 |
Jury Trial - Held |
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JURY TRIAL - Day 3 held before Black, Sr. Judge. (Court Reporter: L. Prince) (jlb, Deputy Clerk)
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| -- |
Filed: 11/6/1997, Entered: 11/7/1997 |
Jury Trial - Held |
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JURY TRIAL - Day 4 held Black, Sr. Judge; Motion of Defendant for Judgment as a matter of Law (FRCP 50) made at the Close of Plaintiff's Evidence in chief "Denied" by the Court. (Court Reporter: L Prince) (jlb, Deputy Clerk)
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| 55 |
Filed: 11/6/1997, Entered: 11/7/1997, Terminated: 11/6/1997 |
Motion for Miscellaneous Relief |
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MOTION by Exel Properties, LTD, Joel B. Hart, Matthew C. Hart for Judgment as a Matter of Law . (jlb, Deputy Clerk)
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| 55 |
Filed: 11/6/1997, Entered: 11/7/1997, Terminated: 11/6/1997 |
Order |
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ORDER denying [55-1] motion of Defendants for Judgment as a Matter of Law. ( signed by Sr. Judge Walter E. Black Jr. 11/6/97 ) (c/m 11/7/97-jan) (jlb, Deputy Clerk)
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| -- |
Filed: 11/7/1997, Entered: 11/12/1997 |
In Chambers Conference |
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In-chambers conference held before Black, Sr. J. (jlb, Deputy Clerk)
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| -- |
Filed: 11/10/1997, Entered: 11/12/1997 |
Jury Trial - Held |
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JURY TRIAL - Day 5 held before Black, Sr. Judge (Court Reporter: L. Prince) (jlb, Deputy Clerk)
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| 56 |
Filed: 11/10/1997, Entered: 11/12/1997, Terminated: 11/10/1997 |
Motion for Miscellaneous Relief |
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MOTION by Suburban Mortgage for Directed Verdict on Defendant's Counterclaim . (jlb, Deputy Clerk)
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| 56 |
Filed: 11/10/1997, Entered: 11/12/1997, Terminated: 11/10/1997 |
Order |
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ORDER denying [56-1] motion of Plaintiff for Directed Verdict on Defendant's Counterclaim. ( signed by Sr. Judge Walter E. Black Jr. 11/10/97 ) (c/m 11/12/97-jan) (jlb, Deputy Clerk)
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| 57 |
Filed: 11/10/1997, Entered: 11/12/1997 |
Transcript |
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Transcript of Proceedings held before Black, Sr. J. on 11/6/97. (FILED SEPARATELY) (jlb, Deputy Clerk)
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| -- |
Filed: 11/12/1997, Entered: 11/13/1997 |
Jury Trial - Held |
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JURY TRIAL - Day 6 held before Black, Sr. Judge; (Court Reporter: L. Prince) (jlb, Deputy Clerk)
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| -- |
Filed: 11/12/1997, Entered: 11/13/1997 |
Remark |
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Bailiff Sworn: Robert Sharp (jlb, Deputy Clerk)
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| -- |
Filed: 11/12/1997, Entered: 11/13/1997 |
Remark |
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Verdict: In favor of the Defendant against the Plaintiff. (jlb, Deputy Clerk)
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| 58 |
Filed: 11/12/1997, Entered: 11/13/1997 |
Order |
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ORDER "DIRECTING" U.S. Marshall to provide Lunch. ( signed by Sr. Judge Walter E. Black Jr. 11/12/97 ) (jlb, Deputy Clerk)
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| 59 |
Filed: 11/12/1997, Entered: 11/13/1997 |
Remark |
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Verdict Form. (jlb, Deputy Clerk)
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| 60 |
Filed: 11/12/1997, Entered: 11/13/1997 |
Order |
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ORDER RE: Exhibits to be Submitted to Jury. ( signed by Sr. Judge Walter E. Black Jr. 11/12/97 ) (jlb, Deputy Clerk)
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| 61 |
Filed: 11/12/1997, Entered: 11/13/1997 |
Exhibit List |
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Exhibit list by Suburban Mortgage (jlb, Deputy Clerk)
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| 62 |
Filed: 11/12/1997, Entered: 11/13/1997 |
Exhibit List |
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Exhibit list by Exel Properties, LTD (jlb, Deputy Clerk)
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| 63 |
Filed: 11/25/1997, Entered: 11/26/1997 |
Motion for Attorney Fees |
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MOTION by Exel Properties, LTD, Joel B. Hart, Matthew C. Hart for Attorney Fees and Costs (Expenditures) and Exhibits. (c/s) (EXHIBITS FILED SEPARATELY) (jlb, Deputy Clerk)
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| 64 |
Filed: 12/12/1997, Entered: 12/15/1997 |
Response in Opposition |
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RESPONSE by Suburban Mortgage in opposition to [63-1] motion for Attorney Fees and Costs (Expenditures) by Matthew C. Hart, Joel B. Hart, Exel Properties, LTD. and Attachment. (c/s) (jlb, Deputy Clerk)
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| 65 |
Filed: 12/29/1997, Entered: 12/29/1997 |
Reply to Response to Motion |
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REPLY in Support by Exel Properties, LTD, et al to Defendant's Opposition to their [63-1] motion for Attorney Fees and Costs (Expenditures). (c/s) (jlb, Deputy Clerk)
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| -- |
Filed: 2/6/1998, Entered: 2/9/1998 |
Terminated Case |
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Case closed (jlb, Deputy Clerk)
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| -- |
Filed: 2/6/1998, Entered: 2/10/1998 |
Motion Hearing |
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Motion hearing re: [63-1] motion for Attorney Fees and Costs (Expenditures) by Matthew C. Hart, Joel B. Hart, Exel Properties, LTD - argued - "Granted" in part; "Denied" in part as rendered in open Court. The Court will issue a written Opinion. (ER) (ats, Deputy Clerk)
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| 66 |
Filed: 2/6/1998, Entered: 2/17/1998 |
Judgment |
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ORDER OF JUDGMENT "ENTERED" in favor of Exel Properties, LTD, Joel B. Hart, Matthew C. Hart against Suburban Mortgage in the amount of $122,593.14 on both Plaintiff's Complaint and Defendants' Counterclaim without the allowance of any additional costs under Rule 54(d)(1) of the Federal Rules of Civil Procedure and "DIRECTING" that any and all prior Rulings made by the Court disposing of any Claims against any Parties are incorporated by reference herein and this Order shall be deemed to be a final judgment within the meaning of Rule 58 of the Federal Rules of Civil Procedure. ( signed by Sr. Judge Walter E. Black Jr. 2/6/98 ) (c/m 2/6/98-am) (MICROFILMED 2/6/98) (jb-5.232%) (jlb, Deputy Clerk)
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| 67 |
Filed: 2/23/1998, Entered: 2/23/1998, Terminated: 5/21/1999 |
Notice of Appeal |
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NOTICE OF APPEAL by Suburban Mortgage . Fee Status: (Filing fee paid) Appeal record due on 3/25/98 (mdd, Deputy Clerk)
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| 68 |
Filed: 2/23/1998, Entered: 2/24/1998, Terminated: 2/27/1998 |
Motion to Stay |
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MOTION by Suburban Mortgage to Stay execution of Judgment pending appeal (c/s) (mdd, Deputy Clerk)
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| -- |
Filed: 2/24/1998, Entered: 2/24/1998, Terminated: 12/17/1999 |
Transmission of Notice of Appeal and Docket Sheet |
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Notice of appeal and certified copy of docket to USCA: [67-1] appeal by Suburban Mortgage (Appeal packet mailed to counsel 2/24/98 akc) (mdd, Deputy Clerk)
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| 69 |
Filed: 2/26/1998, Entered: 2/27/1998 |
Bond |
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BOND #3SE 922 89 99 $ 147,611.76 entered by Suburban Mortgage and Power of Attorney. (Fee Paid Receipt #B147621) (c/s & Finance)(Bond substituted see paper no. 75 per order - Paper No. 74) (jlb, Deputy Clerk) Modified on 04/17/1998
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| 70 |
Filed: 2/27/1998, Entered: 3/2/1998 |
Order |
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ORDER "APPROVING" the supersedeas bond submitted by the Plaintiff in the amount of $147,611.76 and granting [68-1] motion to Stay execution of Judgment pending appeal. ( signed by Sr. Judge Walter E. Black Jr.2/27/98 ) (c/m 2/27/98-Chambers (c/Finance) (jlb, Deputy Clerk)
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| -- |
Filed: 3/5/1998, Entered: 3/6/1998 |
USCA Case Number |
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USCA Case Number Re: [67-1] appeal by Suburban Mortgage USCA NUMBER: 98-1290 (Case Mgr. Lisa Jernigan) (mdd, Deputy Clerk)
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| 71 |
Filed: 3/5/1998, Entered: 3/6/1998 |
Appeal Transcript Request |
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Transcript requested [67-1] appeal by Suburban Mortgage (mdd, Deputy Clerk)
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| 72 |
Filed: 3/31/1998, Entered: 4/2/1998 |
Transcript - Appeal |
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TRANSCRIPT filed [67-1] appeal by Suburban Mortgage for date of February 6, 1998 Appeal record due on 4/15/98 (filed separately) (jmk, Deputy Clerk)
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| 73 |
Filed: 4/14/1998, Entered: 4/17/1998, Terminated: 4/16/1998 |
Motion for Miscellaneous Relief |
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MOTION by Suburban Mortgage to substitute supersedeas bond in the amount of $147,611.77 filed 2/26/98 (c/s) (mdd, Deputy Clerk)
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| 74 |
Filed: 4/16/1998, Entered: 4/17/1998 |
Order |
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MARGINAL/ORDER granting [73-1] motion to substitute supersedeas bond in the amount of $147,611.77 filed 2/26/98 ( signed by Sr. Judge Walter E. Black Jr. )(dated 4/15/98)(c/m 4/17/98 akc) (mdd, Deputy Clerk)
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| 75 |
Filed: 4/16/1998, Entered: 4/17/1998 |
Bond |
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BOND $ 147,611.77 entered by Suburban Mortgage (mdd, Deputy Clerk)
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| 76 |
Filed: 6/5/1998, Entered: 6/5/1998, Terminated: 7/16/1998 |
Motion to Amend/Correct |
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MOTION by Exel Properties, LTD, Joel B. Hart, Matthew C. Hart to Amend [75-1] bond by Suburban Mortgage (c/s) (mdd, Deputy Clerk)
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| 77 |
Filed: 6/15/1998, Entered: 6/16/1998 |
Transcript - Appeal |
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TRANSCRIPT filed [67-1] appeal by Suburban Mortgage for dates of November 3,4,5,6,10 and 12, 1997. Appeal record due on 6/20/98 (6 Volumes)(Filed separately) (mdd, Deputy Clerk) Modified on 06/16/1998
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| 78 |
Filed: 6/18/1998, Entered: 6/18/1998 |
Certificate of Clerk |
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Copy of Certificate of Clerk certifying record as complete for appeal purposes for [67-1] appeal by Suburban Mortgage (mdd, Deputy Clerk)
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| 79 |
Filed: 6/19/1998, Entered: 6/22/1998 |
Transcript - Appeal |
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TRANSCRIPT filed [67-1] appeal by Suburban Mortgage for dates of November 10, 1997 - Afternnon Session. (Filed separately) (mdd, Deputy Clerk)
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| 80 |
Filed: 6/22/1998, Entered: 6/22/1998 |
Certificate of Clerk |
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Copy of Supplement Certificate of Clerk certifying record as complete for appeal purposes for [67-1] appeal by Suburban Mortgage (mdd, Deputy Clerk)
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| 81 |
Filed: 6/22/1998, Entered: 6/22/1998, Terminated: 12/17/1999 |
Response in Opposition |
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RESPONSE by Suburban Mortgage in opposition to [76-1] motion to Amend [75-1] bond by Suburban Mortgage by Matthew C. Hart, Joel B. Hart, Exel Properties, LTD (Received 6/17/98)(c/s) (mdd, Deputy Clerk)
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| 82 |
Filed: 7/16/1998, Entered: 7/16/1998 |
Order |
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ORDER granting [76-1] motion of Defendant and Counter Plaintiff to Amend [75-1] bond by Suburban Mortgage and "DIRECTING" Plaintiff and Counter Defendant to procure and file with the Court a new supersedeas bond that shall properly designate the following parties as obligees: "Exel Properties, Ltd., Joel B. Hart, and Matthew C. Hart. ( signed by Sr. Judge Walter E. Black Jr. 7/15/98 ) (c/m 7/16/98-am) (c/d Finance) (jlb, Deputy Clerk)
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| 83 |
Filed: 8/7/1998, Entered: 8/13/1998 |
Motion for Miscellaneous Relief |
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MOTION by Suburban Mortgage to substitute supersedeas bond (c/s) (mdd, Deputy Clerk)
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| 84 |
Filed: 10/23/1998, Entered: 10/23/1998 |
Transcript - Appeal |
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TRANSCRIPT filed [67-1] appeal by Suburban Mortgage for dates of November 3, 1997 (Filed separately) (mdd, Deputy Clerk)
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| 85 |
Filed: 10/23/1998, Entered: 10/23/1998 |
Certificate of Clerk |
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Second Supplement Certificate of Clerk certifying record as complete for appeal purposes for [67-1] appeal by Suburban Mortgage (mdd, Deputy Clerk)
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| -- |
Filed: 5/21/1999, Entered: 5/25/1999 |
Case Reopened |
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Case reopened (jlb, Deputy Clerk)
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| 86 |
Filed: 5/21/1999, Entered: 5/21/1999 |
Order |
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ORDER "AWARDING" appellant $291.00 in costs (c/s) (sls, Deputy Clerk)
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| 87 |
Filed: 5/21/1999, Entered: 5/21/1999 |
USCA Mandate |
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JUDGMENT OF USCA (certified copy) "VACATING" the judgment of the District Court and "REMANDING" case for further proceedings consistent with the opinion attached hereto. Re: [67-1] appeal by Suburban Mortgage (c/s) (sls, Deputy Clerk)
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| 88 |
Filed: 6/9/1999, Entered: 6/9/1999, Terminated: 6/14/1999 |
Motion for Miscellaneous Relief |
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MOTION by Suburban Mortgage for Order Releasing Supersedeas Bond proposed order and attachments A thru D. (c/s) (mdd, Deputy Clerk)
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| 89 |
Filed: 6/14/1999, Entered: 6/14/1999 |
Order |
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ORDER granting [88-1] motion for Order Releasing Supersedeas Bond ( signed by Sr. Judge Walter E. Black Jr.)(dated 6/10/99) (c/m 6/14/99 akc) (mdd, Deputy Clerk)
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| -- |
Filed: 7/7/1999, Entered: 7/7/1999 |
Status Conference |
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Status conference held before Sr. Judge Black. (pat, Deputy Clerk)
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| -- |
Filed: 7/22/1999, Entered: 7/27/1999 |
Telephone Conference |
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Tele-conference held before Sr. Judge Black. (pat, Deputy Clerk)
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| 90 |
Filed: 7/23/1999, Entered: 7/23/1999 |
Scheduling Order |
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SUPPLEMENTAL SCHEDULING ORDER ( signed by Sr. Judge Walter E. Black Jr. 7/23/99 ) (c/m 7/23/99-am) (jlb, Deputy Clerk)
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| 91 |
Filed: 7/28/1999, Entered: 7/28/1999 |
Amended Complaint |
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AMENDED COMPLAINT by Matthew C. Hart, Joel B. Hart, Exel Properties, LTD , (Answer due 8/7/99 for Suburban Mortgage ) amending [2-1] complaint and Exhibits A-F. (c/s) (jlb, Deputy Clerk)
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| 92 |
Filed: 8/10/1999, Entered: 8/10/1999, Terminated: 12/17/1999 |
Answer to Amended Complaint |
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ANSWER by Suburban Mortgage to amended complaint. (c/s) (jlb, Deputy Clerk)
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| 93 |
Filed: 8/25/1999, Entered: 8/26/1999, Terminated: 10/22/1999 |
Motion for Summary Judgment |
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MOTION by Exel Properties, LTD, et al for Partial Summary Judgment and Exhibits A-D. (c/s) (jlb, Deputy Clerk)
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| 94 |
Filed: 8/27/1999, Entered: 8/30/1999 |
Motion for Summary Judgment |
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MOTION with memorandum in support by Suburban Mortgage for Summary Judgment on Amended Complaint ; Request for Hearing and Exhibits 1-4. (c/s) (jlb, Deputy Clerk)
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| 95 |
Filed: 9/13/1999, Entered: 9/14/1999 |
Response in Opposition |
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RESPONSE by Matthew C. Hart, Joel B. Hart, Exel Properties, LTD in opposition to [94-1] motion for Summary Judgment on Amended Complaint by Suburban Mortgage. (c/s) (jlb, Deputy Clerk)
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| 96 |
Filed: 9/13/1999, Entered: 9/14/1999 |
Response in Opposition |
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RESPONSE by Suburban Mortgage in opposition to [93-1] motion for Partial Summary Judgment by Exel Properties, LTD. (c/s) (jlb, Deputy Clerk)
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| 97 |
Filed: 9/27/1999, Entered: 9/27/1999 |
Reply to Response to Motion |
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REPLY by Suburban Mortgage to response of Plaintiffs to it s [94-1] motion for Summary Judgment on Amended Complaint. (c/s) (mdd, Deputy Clerk)
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| 98 |
Filed: 9/27/1999, Entered: 9/27/1999 |
Response in Support of Motion |
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REPLY BRIEF by Exel Properties, LTD in support of its [93-1] motion for Partial Summary Judgment. (c/s) (mdd, Deputy Clerk)
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| -- |
Filed: 10/22/1999, Entered: 10/22/1999 |
Motion Hearing |
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Motion hearing re: [94-1] motion for Summary Judgment on Amended Complaint, [93-1] motion for Partial Summary Judgment "DENIED" for reasons stated in open court. (Court Reporter/ER: L. Prince) (pat, Deputy Clerk)
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| 99 |
Filed: 10/22/1999, Entered: 10/25/1999 |
Order |
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ORDER DENYING [93-1] motion of Plaintiffs for Partial Summary Judgment, filed on behalf of Exel Properties, Ltd., Joel Hart and Matthew Hart; DENYING [94-1] motion of Defendant for Summary Judgment on Amended Complaint, filed on behalf of Suburban Mortgage Associates, Inc. ( signed by Sr. Judge Walter E. Black Jr. 10/22/99 ) (c/m 10/22/99-am) (jlb, Deputy Clerk)
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| -- |
Filed: 12/17/1999, Entered: 12/17/1999 |
Terminated Case |
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Case closed (jlb, Deputy Clerk)
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| 100 |
Filed: 12/17/1999, Entered: 12/17/1999 |
Order |
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ORDER DISMISSING Civil Action with Each Party to Bear its Own Costs Unless Otherwise Agreed, without Prejudice to the Right of a Party to Move for Good Cause within 30 Days to Reopen this Action if Settlement is not Consummated. ( signed by Sr. Judge Walter E. Black Jr. 12/17/99 ) (c/m 12/17/99-am) (MICROFILMED 12/17/99) (jlb, Deputy Clerk)
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