| 1 |
Filed: 10/6/1999, Entered: 10/7/1999 |
Complaint |
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COMPLAINT; Filing Fee $150.00 paid; jury demand (mwin)
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| -- |
Filed: 10/7/1999, Entered: 10/7/1999 |
Filing Fee Received |
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Receipt #200-22850 issued for filing fee paid on 10/6/99 (mwin)
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| -- |
Filed: 10/7/1999, Entered: 10/7/1999 |
Summons Issued |
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Two original SUMMONSES issued w/one copy each for Todd Marine and FRP Industries, Inc.; Mag. Judge notice, etc., included; to be picked up by plaintiff's counsel (mwin)
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| -- |
Filed: 10/7/1999, Entered: 10/7/1999 |
Miscellaneous Document |
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Magistrate's consent form to counsel/parties. (mwin)
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| 2 |
Filed: 11/12/1999, Entered: 11/16/1999 |
Certificate of Service |
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Certificate of Compliance of the Secretary of the Commonwealth as to FRP Industries, Inc., with original summons attached (no return as to service upon Sec. of Commonwealth) Answer due 12/2/99 for FRP Industries, Inc. (mwin) Modified on 11/16/1999
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| 3 |
Filed: 11/17/1999, Entered: 11/18/1999 |
Summons Returned Executed |
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SUMMONS Returned Executed as to Todd Marine 10/18/99 by service on agent of Thomas F. Frantz, Esq. (Answer was due on 11/8/99 for Todd Marine) (mwin)
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| 4 |
Filed: 11/17/1999, Entered: 11/18/1999 |
Affidavit |
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AFFIDAVIT of J. Bryan Plumlee, Esq., of Huff, Poole & Mahoney, as to service upon Secretary of Commonwealth for FRP Industries, Inc. (mwin)
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| 5 |
Filed: 11/19/1999, Entered: 11/19/1999 |
Order |
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ORDER, agreed, enlarging answer deadline to 11/22/99 for FRP Industries, Inc. and for Todd Marine ; entered 11/18/99; filed 11/19/99 (signed by Judge B. Friedman) Copies Mailed: 11/19/99 [EOD Date: 11/19/99] (mwin)
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| 6 |
Filed: 11/23/1999, Entered: 11/24/1999 |
Answer to Complaint |
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ANSWER to Complaint by Todd Marine, FRP Industries, Inc. (filed SUBJECT TO DEFECT; 11/19//9 agreed order gave defendants until 11/22/99 to file responsive pleadings) (mwin)
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| -- |
Filed: 11/24/1999, Entered: 11/24/1999 |
Miscellaneous Document |
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Referred for Initial Pretrial Conference scheduling (mwin)
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| -- |
Filed: 11/29/1999, Entered: 11/29/1999 |
Pretrial Conference - Initial |
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Initial pretrial conference set at 2:30 12/9/99 (mwin)
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| -- |
Filed: 12/13/1999, Entered: 12/15/1999 |
Pretrial Conference - Initial |
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Initial pretrial conference re-set at 2:30 1/6/00 (mwin)
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| -- |
Filed: 1/6/2000, Entered: 1/6/2000 |
Pretrial Conference - Initial |
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Initial pretrial conference held (mwin)
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| 7 |
Filed: 1/7/2000, Entered: 1/10/2000 |
Order |
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Order on Initial Pretrial Conference setting Jury Trial 10:00 a.m. on 5/16/00; proposed voir dire and written jury instructions to be received by the Clerk by 5/11/00; Final Pretrial conference for 11:00 a.m. on 4/21/00; all de bene esse depositions to be concluded by 3/31/00; plaintiff's discovery to be completed by 3/17/00; defendant's discovery to be completed by 3/17/00; setting deadlines for disclosure of expert testimony and motions for summary judgment; defendant shall respond to presently pending discovery by 1/13/00; defendant's answer, filed subject to defect on 11/23/99, is ordered filed; entered 1/6/00; filed 1/7/00 ( signed by Magistrate Judge William T. Prince ) Copies Mailed: 1/10/99 (clerk)
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| 8 |
Filed: 1/21/2000, Entered: 1/24/2000 |
Motion to Compel |
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MOTION by Robert Weinstein to Compel responses to discovery (rlam)
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| 9 |
Filed: 1/21/2000, Entered: 1/24/2000 |
Memorandum in Support |
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MEMORANDUM by Robert Weinstein in support of [8-1] motion by Robert Weinstein to Compel responses to discovery, received. (rlam)
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| -- |
Filed: 3/3/2000, Entered: 3/3/2000 |
Motion Hearing |
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Motion hearing re: [8-1] motion by Robert Weinstein to Compel responses to discovery set at 12:00 noon on 3/23/00 (clerk)
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| 10 |
Filed: 3/13/2000, Entered: 3/13/2000 |
Notice of Hearing |
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NOTICE of Hearing, motion to compel, by plaintiffs. (clerk)
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| 11 |
Filed: 3/17/2000, Entered: 3/17/2000, Terminated: 3/23/2000 |
Motion to Amend/Correct |
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MOTION with Memorandum in Support by William Freeman, Robert Weinstein to Amend [1-1] complaint (clerk)
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| -- |
Filed: 3/23/2000, Entered: 3/23/2000 |
Motion Hearing |
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Motion hearing held re: [11-1] motion by William Freeman, Robert Weinstein to Amend [1-1] complaint by William Freeman, Robert Weinstein, [8-1] motion by Robert Weinstein to Compel responses to discovery by Robert Weinstein (rlam)
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| 12 |
Filed: 3/23/2000, Entered: 3/23/2000 |
Minutes - Miscellaneous |
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Minute entry: COURT PROCEEDINGS - TEM, USMJ. Sharon Borden, Reporter. Counsel appeared. Matter came on plaintiffs [8-1] motion to compel. Court granted the motion. Defendants to supplement their responses by 3/30/00 and to fully respond to interrogatories and request for production. With agreement of counsel, discovery cut-off is extended to 4/12/00, expert disclosure due 3/27/00 and the attorneys conference is set on 4/13/00. Order entered and filed in open court. Court denied plaintiffs' [11-1] motion to amend complaint, without prejudice, for failure to comply with the rules of the Court. Plaintiffs' request for sanctions may be renewed after the supplemental responses have been made. Court adjourned. (rlam)
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| 13 |
Filed: 3/23/2000, Entered: 3/23/2000 |
Order |
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ORDER, that all Discovery cut-off dates in this case shall be extended to include 4/12/00 ; all parties shall make their expert disclosure no later than 3/27/00 and the attorney's conference shall be held on 4/13/00; all other dates set forth in the initial pretrial order remain unchanged, entered and filed in open court March 23, 2000 (signed by Magistrate Judge Tommy E. Miller) [EOD Date: 3/23/00] (rlam)
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| 14 |
Filed: 3/23/2000, Entered: 3/24/2000 |
Order |
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ORDER denying [11-1] motion by William Freeman, Robert Weinstein to Amend [1-1] complaint without prejudice to refiling the motion with an amended complaint attached; and granting [8-1] motion by Robert Weinstein to Compel responses to discovery, directing defendants to respond to the discovery by 3/30/00, entered and filed 3/23/00 (signed by Magistrate Judge Tommy E. Miller) Copies Mailed: 3/23/00 [EOD Date: 3/24/00] (clerk)
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| 15 |
Filed: 3/29/2000, Entered: 3/30/2000, Terminated: 6/19/2000 |
Motion to Compel |
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MOTION with Memorandum in Support by William Freeman, Robert Weinstein to Compel Entry On Land And For Inspection (clerk)
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| 16 |
Filed: 3/30/2000, Entered: 3/31/2000, Terminated: 4/5/2000 |
Motion for Leave to File |
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MOTION by William Freeman, Robert Weinstein for Leave to File Amended Complaint Adding Claims, Joining Plaintiffs, and Joining Defendants , or by William Freeman, Robert Weinstein to Consolidate Cases 2:99cv1684 and 2:00cv234 (clerk) Modified on 04/03/2000
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| 17 |
Filed: 3/30/2000, Entered: 3/31/2000 |
Memorandum in Support |
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MEMORANDUM in support of [16-1] motion for Leave to File Amended Complaint Adding Claims, Joining Plaintiffs, and Joining Defendants by William Freeman, Robert Weinstein, [16-2] motion to Consolidate Cases 2:99cv1684 and 2:00cv234, by William Freeman, Robert Weinstein, received. (clerk) Modified on 04/03/2000
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| 18 |
Filed: 4/3/2000, Entered: 4/3/2000, Terminated: 6/13/2001 |
Response to Motion |
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RESPONSE by Robert Weinstein, William Freeman to [16-1] motion by William Freeman, Robert Weinstein for Leave to File Amended Complaint Adding Claims, Joining Plaintiffs, and Joining Defendants, [16-2] motion by William Freeman, Robert Weinstein to Consolidate Cases 2:99cv1684 and 2:00cv234 (clerk)
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| -- |
Filed: 4/4/2000, Entered: 4/4/2000 |
Motion Hearing |
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Motion hearing re: [16-1] motion by William Freeman, Robert Weinstein for Leave to File Amended Complaint Adding Claims, Joining Plaintiffs, and Joining Defendants, [16-2] motion by William Freeman, Robert Weinstein to Consolidate Cases 2:99cv1684 and 2:00cv234 set at 11:00 4/5/00 (clerk)
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| -- |
Filed: 4/5/2000, Entered: 4/5/2000 |
Motion Hearing |
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Motion hearing held re: [16-1] motion by William Freeman, Robert Weinstein for Leave to File Amended Complaint Adding Claims, Joining Plaintiffs, and Joining Defendants by William Freeman, Robert Weinstein, [16-2] motion by William Freeman, Robert Weinstein to Consolidate Cases 2:99cv1684 and 2:00cv234 by William Freeman, Robert Weinstein (danc)
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| -- |
Filed: 4/5/2000, Entered: 4/6/2000 |
Set/Clear Flags |
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Consolidated Lead Case (clerk)
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| 19 |
Filed: 4/5/2000, Entered: 4/5/2000 |
Minutes - Miscellaneous |
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Minute entry: COURT PROCEEDINGS: TEM, USMJ; Diane Gray, OCR; app. by J. Bryan Plumlee & Glen Huff on behalf of ptfs., & William D. Bayliss & Kim Satterwhite on behalf of dfts. Came on for hrg. on ptfs'. motion for leave to file amended complaint adding claims & motion to consolidate cases 2:99cv1684 & 2:00cv234 (#16); GRANTED. Court to prepare order granting the above motion, setting aside the IPTO in this case & removing the trial date from the calendar & directing clerk to set IPTC when parties are served in case 2:00cv234 & two additional dfts. are served in 2:99cv1684. Court kept file. (danc)
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| 20 |
Filed: 4/5/2000, Entered: 4/6/2000 |
Order |
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ORDER granting [16-1] motion by William Freeman, Robert Weinstein for Leave to File Amended Complaint Adding Claims, Joining Plaintiffs, and Joining Defendants, granting [16-2] motion by William Freeman, Robert Weinstein to Consolidate Cases 2:99cv1684 and 2:00cv234; setting aside all dates previously established and directing a supplemental initial pretrial conference to be held after the additional defendants enter an appearance, Entered and Filed 4/5/00. ( signed by Magistrate Judge Tommy E. Miller ) Copies Mailed: 4/5/00 [EOD Date: 4/6/00] (clerk)
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| 21 |
Filed: 4/5/2000, Entered: 4/6/2000 |
Amended Complaint |
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AMENDED COMPLAINT amending [1-1] complaint; by Robert Weinstein, William Freeman, adding new plaintiffs James Fox, Zbigniew Domzall, John Poulos, Frank Pettisani, and Riddleberger Brothers, Inc.; adding new defendants Miller Yacht Sales, Inc. and Marine Unlimited, Inc.; jury demand (clerk) Modified on 05/19/2000
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| -- |
Filed: 4/10/2000, Entered: 4/10/2000 |
Summons Issued |
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SUMMONSES (4 originals with one copy each) issued for Todd Marine, FRP Industries, Inc., Miller Yacht Sales, Marine Unlimited; Amended Complaint attached; Picked up by attorney's office. Mag. ntc. (clerk) Modified on 04/10/2000
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| 22 |
Filed: 4/10/2000, Entered: 4/10/2000, Terminated: 6/13/2001 |
Response to Motion |
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RESPONSE by Todd Marine, FRP Industries, Inc. to [15-1] motion by William Freeman, Robert Weinstein to Compel Entry On Land And For Inspection (clerk)
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| 23 |
Filed: 4/13/2000, Entered: 4/13/2000 |
Reply to Response to Motion |
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2:99CV1684: REPLY Brief by Robert Weinstein, William Freeman to response to [15-1] motion by William Freeman, Robert Weinstein to Entry On Land And For Inspection, Received. (clerk)
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| -- |
Filed: 5/2/2000, Entered: 5/2/2000 |
Motion Hearing |
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Motion hearing re: [15-1] motion by William Freeman, Robert Weinstein to Compel Entry On Land And For Inspection set at 11:00 6/19/00 (mwin)
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| 24 |
Filed: 5/4/2000, Entered: 5/4/2000 |
NOTICE |
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NOTICE of Hearing by William Freeman, Robert Weinstein on their motion to compel entry and for inspection (mwin)
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| 25 |
Filed: 5/18/2000, Entered: 5/19/2000 |
Summons Returned Executed |
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2:00cv234 - SUMMONS issued 3/31/00 in 2:00cv234 Returned Executed as to FRP Industries, Inc. by person service upon Felix Nall c/o William D. Bayliss, Esq., 5/9/00. Answer due on 5/30/00 for FRP Industries, Inc. (mwin) Modified on 05/23/2000
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| 26 |
Filed: 5/18/2000, Entered: 5/19/2000 |
Summons Returned Executed |
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2:99cv1684 - SUMMONS on Amended Complaint Returned Executed as to FRP Industries, Inc. by personal service upon William D. Bayless, Esq., 5/9/00. Answer due from FRP 5/30/00 (mwin) Modified on 05/23/2000
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| 27 |
Filed: 5/18/2000, Entered: 5/19/2000 |
Summons Returned Executed |
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2:99cv1684 - SUMMONS on Amended Complaint Returned Executed as to Todd Marine by service upon William D. Baqliss 5/9/00. Answer due on 5/30/00 for Todd Marine (mwin) Modified on 05/23/2000
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| -- |
Filed: 5/23/2000, Entered: 5/23/2000 |
Set/Reset Deadlines |
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Deadline updated; set Answer deadline to 5/30/00 for FRP Industries, Inc. (mwin)
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| -- |
Filed: 5/23/2000, Entered: 5/23/2000 |
Set/Reset Deadlines |
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Deadline updated; set Answer deadline to 5/30/00 for Todd Marine (mwin)
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| 28 |
Filed: 5/23/2000, Entered: 5/23/2000 |
Summons Returned Executed |
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2:00cv234 - SUMMONS issued 3/31/00 in 2:00cv234 Returned Executed as to Marine Unlimited 5/9/00, by service upon F. Warren Haynie, Jr. (mwin) Modified on 05/23/2000
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| 29 |
Filed: 5/23/2000, Entered: 5/23/2000 |
Summons Returned Executed |
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2:99cv1684 - SUMMONS on amended complaint, issued 4/10/00 in 2:99cv1684, Returned Executed as to Marine Unlimited 5/9/00 by service upon F. Warren Haynie, Jr. Answer due on 5/30/00 for Marine Unlimited (mwin)
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| 30 |
Filed: 5/30/2000, Entered: 6/1/2000 |
Answer to Amended Complaint |
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ANSWER by Todd Marine, FRP Industries, Inc., Marine Unlimited (added Attorney Kimberly Ann Satterwhite) to amended complaint; opposition to plaintiffs' jury demand (mwin)
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| 31 |
Filed: 6/1/2000, Entered: 6/6/2000 |
Affidavit of Service |
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Two attached Affidavits for service of process on the Secretary of the Commonwealth as to Miller Yacht Sales, Inc. (mwin)
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| 31 |
Filed: 6/1/2000, Entered: 6/6/2000 |
Certificate of Service |
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Two attached Certificates of Compliance of the Secretary of the Commonwealth as to Miller Yacht Sales. Answer due 6/21/00 for Miller Yacht Sales (mwin)
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| -- |
Filed: 6/19/2000, Entered: 6/19/2000 |
Motion Hearing |
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Motion hearing held re: [15-1] motion by William Freeman, Robert Weinstein to Compel Entry On Land And For Inspection by William Freeman, Robert Weinstein (danc)
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| 32 |
Filed: 6/19/2000, Entered: 6/19/2000 |
Minutes - Miscellaneous |
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Minute entry: COURT PROCEEDINGS: TEM, USMJ; Richard Zahn, Zahn, Hall, Zahn, Contract Rptr. App. by J. Bryan Plumlee on behalf of ptfs. & Kimberly Satterwhite on behalf of dfts. Came on for hrg. on ptfs. Weinstein & Freeman's motion to compel entry on land & for inspection #15; argued. Court stated motion would be partially granted & rulings read into record. Court would allow entry for inspection, etc. with certain limitations. Motion granted in part & denied in part. Court to prepare order & kept file. Cnsl. requested entry of Protective Order & will prepare same & submit to court. (danc) Modified on 06/20/2000
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| 33 |
Filed: 6/19/2000, Entered: 6/19/2000 |
Order |
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ORDER on 6/19/00hearing; granting in part, denying in part [15-1] motion by William Freeman, Robert Weinstein to Compel Entry On Land and For Inspection (see order for specifics); entered and filed 6/19/00 (signed by Magistrate Judge Tommy E. Miller) Copies Mailed: 6/19/00 [EOD Date: 6/19/00] (mwin)
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| -- |
Filed: 6/23/2000, Entered: 6/23/2000 |
Docket Annotation |
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Letter sent to plaintiff's counsel for status report as to lack of answer from Miller Yacht Sales, Inc. (mwin)
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| -- |
Filed: 6/23/2000, Entered: 6/23/2000 |
Set/Reset Deadlines |
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Deadline updated; set Status Report deadline to 7/10/00 for plaintiff's reply to clerk's letter as to lack of answer from Miller Yacht Sales, Inc. (mwin)
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| -- |
Filed: 6/26/2000, Entered: 6/26/2000 |
Miscellaneous Document |
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Referred for supplemental Initial Pretrial Conference scheduling (mwin)
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| 34 |
Filed: 6/26/2000, Entered: 6/26/2000, Terminated: 10/3/2000 |
Motion to Dismiss |
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MOTION by Miller Yacht Sales to Dismiss complaint and amended complaint pursuant to Rule 12(b)(2) and (3), for lack of personal jurisdiction and improper venue; filed SUBJECT TO DEFECT - LATE (mwin)
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| 35 |
Filed: 6/26/2000, Entered: 6/26/2000 |
Memorandum in Support |
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MEMORANDUM by Miller Yacht Sales in support of [34-1] motion by Miller Yacht Sales to Dismiss complaint and amended complaint; received (LATE) (mwin)
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| -- |
Filed: 6/27/2000, Entered: 6/27/2000 |
Pretrial Conference - Initial |
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Initial pretrial conference set at 3:45, 7/11/00 (mwin)
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| 36 |
Filed: 7/5/2000, Entered: 7/6/2000 |
Order |
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2:99cv1684 - Order that [34-1] motion by Miller Yacht Sales to Dismiss complaint and amended complaint, pursuant to Rule 12(b)(2)(3) tendered on behalf of the defendant, Miller Yacht Sales, Inc. be and the same is hereby filed, entered and filed July 5, 2000 (signed by Judge Henry C. Morgan (previously filed subject to defect 6/26/00) Copies Mailed: 7/5/00 (rlam) Modified on 07/06/2000
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| -- |
Filed: 7/11/2000, Entered: 7/13/2000 |
Pretrial Conference - Initial |
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BOTH CASES: Initial pretrial conference held (mwin)
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| 37 |
Filed: 7/13/2000, Entered: 7/13/2000 |
Order |
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BOTH CASES: Order on Initial Pretrial Conference setting Jury Trial for 10:00, 1/8/01; proposed jury instructions and voir dire to be received by clerk 12/29/00; setting Final Pretrial conference for 11:00, 11/22/00; discovery to be completed by plaintiff 9/18/00; by defendant 10/18/00; all documents to be submitted to this division; summary judgment motions to be argued or referred in advance of FPTC; defendant to respond to pending discovery by 8/4/00; plaintiff's brief in opposition to Miller Yacht's motion to dismiss to be received by 7/24/00; any reply by defendant to be received by 7/31/00; clerk to refer file for decision 8/4/00 if no hearing set by 8/2/00; see order for additional deadlines and instructions; entered 7/11/00; filed 7/13/00 (signed by Magistrate Judge William T. Prince) Copies Mailed: 7/13/00 (mwin)
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| 38 |
Filed: 7/24/2000, Entered: 7/25/2000 |
Motion for Discovery |
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BOTH CASES: MOTION by Robert Weinstein, John Poulos, Zbigniew Domzall, James Fox, William Freeman, Frank Pettisani, Riddleberger Brothers for Discovery on Issue of Personal Jurisdiction (mwin) Modified on 07/25/2000
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| 39 |
Filed: 7/24/2000, Entered: 7/25/2000 |
Memorandum in Support |
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MEMORANDUM by Robert Weinstein, William Freeman, James Fox, Zbigniew Domzall, John Poulos, Frank Pettetisani, Riddleburger in support of [38-1] motion by Robert Weinstein, John Poulos, Zbigniew Domzall, James Fox, William Freeman, Frank Pettisani, Riddleberger Brothers for Discovery, received (mwin)
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| 39 |
Filed: 7/24/2000, Entered: 7/25/2000 |
Memorandum in Opposition |
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MEMORANDUM by Robert Weinstein, William Freeman, James Fox, Zbigniew Domzall, John Poulos, Frank Pettetisani, Riddleburger in opposition to [34-1] motion by Miller Yacht Sales to Dismiss complaint and amended complaint, received (mwin)
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| -- |
Filed: 8/4/2000, Entered: 8/4/2000 |
Docket Annotation |
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File not referred for decision, per Operations Mgr.; B.Plumlee arranging hearing (mwin)
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| -- |
Filed: 9/15/2000, Entered: 9/15/2000 |
Motion Hearing |
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Motion hearing re: [34-1] motion by Miller Yacht Sales to Dismiss complaint and amended complaint set at 2:30 9/27/00 (mwin)
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| -- |
Filed: 9/15/2000, Entered: 9/15/2000 |
Pretrial Conference - Final |
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Final Pre-Trial Conference re-set at 12:00 12/19/00 (mwin)
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| 40 |
Filed: 9/18/2000, Entered: 9/18/2000 |
NOTICE |
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NOTICE of hearing 9/27/00 for Miller Yacht Sales' motion to dismiss, signed on behalf of FRP Industries, Inc. (mwin)
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| -- |
Filed: 9/27/2000, Entered: 9/28/2000 |
Motion Hearing |
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Motion hearing held re: [34-1] motion by Miller Yacht Sales to Dismiss complaint and amended complaint by Miller Yacht Sales (jtho)
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| 41 |
Filed: 9/27/2000, Entered: 9/28/2000 |
Minutes - Miscellaneous |
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Minute entry: COURT PROCEEDINGS: RGD, J; Gloria Smith, OCR. Appearances by counsel. Came on for hearing on deft's, Miller Yacht Sales, Inc., motion to dismiss complaint and amended complaint. Argued. Court granted deft's motion. Court directed clerk to withhold judgment. Court to prepare order. (jtho)
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| 42 |
Filed: 10/3/2000, Entered: 10/4/2000 |
Order |
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ORDER granting [34-1] motion by Miller Yacht Sales to Dismiss for lack of personal jurisdiction and improper venue; denying [38-1] motion by Robert Weinstein, John Poulos, Zbigniew Domzall, James Fox, William Freeman, Frank Pettisani, Riddleberger Brothers for Discovery on Issue of Personal Jurisdiction; entered and filed 10/3/00 (signed by Judge Robert G. Doumar) Copies Mailed: 10/3/00 [EOD Date: 10/4/00] (mwin)
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| 43 |
Filed: 12/6/2000, Entered: 12/11/2000 |
Motion for Summary Judgment |
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MOTION by Marine Unlimited, FRP Industries, Inc., Todd Marine for Partial Summary Judgment as against plaintiffs Weinstein and Freeman on Count I of amended complaint, as against all plaintiffs except Riddleberger Bros. on Count II, and as against all plaintiffs on Count IV (mwin)
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| 44 |
Filed: 12/6/2000, Entered: 12/11/2000 |
Memorandum in Support |
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MEMORANDUM by Todd Marine, FRP Industries, Inc., Marine Unlimited in support of [43-1] motion by Marine Unlimited, FRP Industries, Inc., Todd Marine for Partial Summary Judgment, received (mwin)
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| -- |
Filed: 12/18/2000, Entered: 12/18/2000 |
Pretrial Conference - Final |
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Final Pre-Trial Conference time changed to 11:30 on 12/19/00 (mwin)
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| -- |
Filed: 12/19/2000, Entered: 12/19/2000 |
Pretrial Conference - Final |
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Final Pretrial Conference held by Magistrate Judge Tommy E. Miller (mwin)
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| 45 |
Filed: 12/19/2000, Entered: 12/19/2000 |
Order |
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BOTH CASES - ORDER ON FINAL PRETRIAL CONFERENCE entered in presence of counsel 12/19/00; filed 12/19/00 (signed by Magistrate Judge Tommy E. Miller) (mwin)
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| 46 |
Filed: 12/20/2000, Entered: 12/21/2000 |
Memorandum in Opposition |
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BOTH CASES: MEMORANDUM by Robert Weinstein, William Freeman, James Fox, Zbigniew Domzall, John Poulos, Frank Pettetisani, Riddleburger in opposition to [43-1] motion by Marine Unlimited, FRP Industries, Inc., Todd Marine for Partial Summary Judgment, received (mwin)
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| 47 |
Filed: 12/28/2000, Entered: 12/29/2000 |
Reply to Response to Motion |
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REPLY by Todd Marine, FRP Industries, Inc., Marine Unlimited to response to [43-1] motion by Marine Unlimited, FRP Industries, Inc., Todd Marine for Partial Summary Judgment, received (mwin)
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| -- |
Filed: 1/2/2001, Entered: 1/2/2001 |
Proposed Jury Instructions |
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Proposed Jury instructions by Todd Marine, FRP Industries, Inc., Marine Unlimited received by clerk (mwin)
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| -- |
Filed: 1/2/2001, Entered: 1/2/2001 |
Proposed Voir Dire |
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Proposed voir dire by defendant Todd Marine, defendant FRP Industries, Inc., defendant Marine Unlimited received by clerk (mwin)
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| -- |
Filed: 1/2/2001, Entered: 1/2/2001 |
Proposed Jury Instructions |
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Proposed Jury instructions by Robert Weinstein, William Freeman, James Fox, Zbigniew Domzall, John Poulos, Frank Pettetisani, Riddleburger, received by clerk (mwin)
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| -- |
Filed: 1/2/2001, Entered: 1/2/2001 |
Proposed Voir Dire |
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Proposed voir dire by plaintiff Robert Weinstein, plaintiff William Freeman, plaintiff James Fox, plaintiff Zbigniew Domzall, plaintiff John Poulos, plaintiff Frank Pettetisani, plaintiff Riddleburger received by clerk (mwin)
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|
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| 48 |
Filed: 1/2/2001, Entered: 1/2/2001, Terminated: 6/13/2001 |
Motion for Miscellaneous Relief |
|
MOTION by Marine Unlimited, FRP Industries, Inc., Todd Marine for jury view of comparative model of vessel at issue (mwin)
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|
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| 49 |
Filed: 1/2/2001, Entered: 1/2/2001, Terminated: 1/17/2001 |
Motion for Miscellaneous Relief |
|
MOTION by Marine Unlimited, FRP Industries, Inc., Todd Marine for separate trials (mwin)
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|
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| 50 |
Filed: 1/2/2001, Entered: 1/2/2001 |
Memorandum in Support |
|
MEMORANDUM by Todd Marine, FRP Industries, Inc., Marine Unlimited in support of [49-1] motion by Marine Unlimited, FRP Industries, Inc., Todd Marine for separate trials, received (mwin)
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| 51 |
Filed: 1/2/2001, Entered: 1/2/2001, Terminated: 1/4/2001 |
Motion to Continue |
|
MOTION with Memorandum in Support by Marine Unlimited, FRP Industries, Inc., Todd Marine to Continue trial (mwin)
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|
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| -- |
Filed: 1/3/2001, Entered: 1/3/2001 |
Motion Hearing |
|
Motion hearing re: [51-1] motion by Marine Unlimited, FRP Industries, Inc., Todd Marine to Continue trial set at 10:00 1/4/01 (mwin)
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|
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| -- |
Filed: 1/4/2001, Entered: 1/4/2001 |
Motion Hearing |
|
Motion hearing held re: [51-1] motion by Marine Unlimited, FRP Industries, Inc., Todd Marine to Continue trial (mwin)
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|
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| 52 |
Filed: 1/4/2001, Entered: 1/4/2001 |
Minutes - Miscellaneous |
|
|
BOTH CASES: Minute entry: COURT PROCEEDINGS - Tommy E. Miller, U.S. Magistrate Judge. Reporter: Gloria Smith, official court reporter. Counsel appeared. Came on re motion to continue and motion for separate trials. Argument. Court GRANTED [51-1] motion to continue. Court set case for trial on 4/3/01 . Motion hearing set for 1/17/01 at 11:30 a.m. re [49-1] motion to bifurcate . Court will prepare an order. Court adjourned. (mwin) Modified on 01/05/2001
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|
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| 53 |
Filed: 1/4/2001, Entered: 1/5/2001 |
Order |
|
|
ORDER on 1/4/01 hearing, granting defendants' [51-1] motion to Continue trial; continuing to 4/3/01, at 10:00 a.m., for trial by jury, in Norfolk ; setting hearing for 1/17/01, at 11:30 a.m. for argument on defendant's motion for separate trials; no further discovery during time of continuance; entered and filed 1/4/01 (signed by Magistrate Judge Tommy E. Miller) Copies Mailed: 1/4/01 [EOD Date: 1/5/01] (mwin)
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|
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| 54 |
Filed: 1/12/2001, Entered: 1/12/2001 |
Memorandum in Opposition |
|
BOTH CASES: MEMORANDUM by Robert Weinstein, William Freeman, James Fox, Zbigniew Domzall, John Poulos, Frank Pettetisani, Riddleburger in opposition to [49-1] motion by Marine Unlimited, FRP Industries, Inc., Todd Marine for separate trials, received (mwin) Modified on 01/12/2001
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| 55 |
Filed: 1/16/2001, Entered: 1/16/2001 |
Reply to Response to Motion |
|
REPLY by Todd Marine, FRP Industries, Inc., Marine Unlimited to response to [49-1] motion by Marine Unlimited, FRP Industries, Inc., Todd Marine for separate trials, received (mwin)
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|
|
| -- |
Filed: 1/17/2001, Entered: 1/17/2001 |
Motion Hearing |
|
Motion hearing held re: [49-1] motion by Marine Unlimited, FRP Industries, Inc., Todd Marine for separate trials by Marine Unlimited, FRP Industries, Inc., Todd Marine (mwin)
|
|
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| 56 |
Filed: 1/17/2001, Entered: 1/17/2001 |
Minutes - Miscellaneous |
|
|
BOTH CASES - Minute entry: COURT PROCEEDINGS - Tommy E. Miller, U.S. Magistrate Judge. Reporter: Diane Gray, official court reporter. Counsel appeared. Matter came on defendants' motion for separate trials. Argument. Court denied defendants' [49-1] motion for separate trials. Court will enter order. Court adjourned. (mwin)
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|
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| 57 |
Filed: 1/17/2001, Entered: 1/18/2001 |
Order |
|
|
BOTH CASES: ORDER on 1/17/01 hearing; denying [49-1] motion by Marine Unlimited, FRP Industries, Inc., Todd Marine for separate trials; entered and filed 1/17/01 (signed by Magistrate Judge Tommy E. Miller) Copies Mailed: 1/18/01 [EOD Date: 1/18/01] (mwin)
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|
|
| -- |
Filed: 2/26/2001, Entered: 2/28/2001 |
Set/Reset Deadlines |
|
Settlement Conference set for 11:00, 3/13/01 (mwin)
|
|
|
| 58 |
Filed: 2/28/2001, Entered: 3/1/2001 |
NOTICE |
|
NOTICE of Mediation [Settlement Conference] 3/13/01, 11:00, by Marine Unlimited (mwin)
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|
|
| 59 |
Filed: 3/5/2001, Entered: 3/5/2001, Terminated: 3/29/2001 |
Motion in Limine |
|
MOTION by Marine Unlimited, FRP Industries, Inc., Todd Marine in Limine to exclude testimony of plaintiffs' expert, David E. Jones ; by Marine Unlimited, FRP Industries, Inc., Todd Marine in Limine to exclude evidence of Weinstein's and Freeman's damage claims for violation of Va. Consumer Protection Act ; by Marine Unlimited, FRP Industries, Inc., Todd Marine in Limine to exclude evidence of lost profits and consequential damages (mwin)
|
|
|
| 60 |
Filed: 3/5/2001, Entered: 3/5/2001 |
Memorandum in Support |
|
MEMORANDUM by Todd Marine, FRP Industries, Inc., Marine Unlimited in support of [59-1] motion by Marine Unlimited, FRP Industries, Inc., Todd Marine in Limine to exclude testimony of plaintiffs' expert, David E. Jones, received (mwin)
|
|
|
| 61 |
Filed: 3/5/2001, Entered: 3/5/2001 |
Memorandum in Support |
|
MEMORANDUM by Todd Marine, FRP Industries, Inc., Marine Unlimited in support of [59-2] motion by Marine Unlimited, FRP Industries, Inc., Todd Marine in Limine to exclude evidence of Weinstein's and Freeman's damage claims for violation of Va. Consumer Protection Act, received (mwin)
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|
|
| 62 |
Filed: 3/5/2001, Entered: 3/5/2001 |
Memorandum in Support |
|
MEMORANDUM by Todd Marine, FRP Industries, Inc., Marine Unlimited in support of [59-3] motion by Marine Unlimited, FRP Industries, Inc., Todd Marine in Limine to exclude evidence of lost profits and consequential damages, received (mwin)
|
|
|
| -- |
Filed: 3/7/2001, Entered: 3/7/2001 |
Motion Hearing |
|
Motion hearing re: [59-1] motion by Marine Unlimited, FRP Industries, Inc., Todd Marine in Limine to exclude testimony of plaintiffs' expert, David E. Jones set at 11:00 3/29/01, [59-2] motion by Marine Unlimited, FRP Industries, Inc., Todd Marine in Limine to exclude evidence of Weinstein's and Freeman's damage claims for violation of Va. Consumer Protection Act set at 11:00 3/29/01, [59-3] motion by Marine Unlimited, FRP Industries, Inc., Todd Marine in Limine to exclude evidence of lost profits and consequential damages set at 11:00 3/29/01 (mwin)
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|
|
| 63 |
Filed: 3/12/2001, Entered: 3/12/2001 |
NOTICE |
|
NOTICE by Marine Unlimited, Todd Marine, William Freeman of Hearing on motions in limine 3/29/01 (mwin)
|
|
|
| -- |
Filed: 3/13/2001, Entered: 3/14/2001 |
Set/Reset Deadlines |
|
Settlement Conference held by Magistrate Judge Tommy E. Miller (mwin)
|
|
|
| 64 |
Filed: 3/14/2001, Entered: 3/14/2001 |
Order |
|
|
SUPPLEMENT TO ORDER ON FINAL PRETRIAL CONFERENCE entered and filed 3/14/01 (signed by Magistrate Judge Tommy E. Miller) Copies Mailed: 3/14/01 (mwin)
|
|
|
| 65 |
Filed: 3/16/2001, Entered: 3/21/2001 |
Memorandum in Opposition |
|
MEMORANDUM by Robert Weinstein, William Freeman, James Fox, Zbigniew Domzall, John Poulos, Frank Pettetisani, Riddleburger in opposition to [59-1] motion by Marine Unlimited, FRP Industries, Inc., Todd Marine in Limine to exclude testimony of plaintiffs' expert, David E. Jones, received (mwin)
|
|
|
| 66 |
Filed: 3/16/2001, Entered: 3/21/2001 |
Memorandum in Opposition |
|
MEMORANDUM by Robert Weinstein, William Freeman, James Fox, Zbigniew Domzall, John Poulos, Frank Pettetisani, Riddleburger in opposition to [59-2] motion by Marine Unlimited, FRP Industries, Inc., Todd Marine in Limine to exclude evidence of Weinstein's and Freeman's damage claims for violation of Va. Consumer Protection Act, received (mwin)
|
|
|
| 67 |
Filed: 3/16/2001, Entered: 3/21/2001 |
Memorandum in Opposition |
|
MEMORANDUM by Robert Weinstein, William Freeman, James Fox, Zbigniew Domzall, John Poulos, Frank Pettetisani, Riddleburger in opposition to [59-3] motion by Marine Unlimited, FRP Industries, Inc., Todd Marine in Limine to exclude evidence of lost profits and consequential damages, received (mwin)
|
|
|
| 68 |
Filed: 3/22/2001, Entered: 3/22/2001 |
Reply to Response to Motion |
|
REPLY by Todd Marine, FRP Industries, Inc., Marine Unlimited to plaintiffs' response to [59-1] motion by Marine Unlimited, FRP Industries, Inc., Todd Marine in Limine to exclude testimony of plaintiffs' expert, David E. Jones, received (mwin)
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|
|
| 69 |
Filed: 3/22/2001, Entered: 3/22/2001 |
Reply to Response to Motion |
|
REPLY by Todd Marine, FRP Industries, Inc., Marine Unlimited to plaintiffs' response to [59-2] motion by Marine Unlimited, FRP Industries, Inc., Todd Marine in Limine to exclude evidence of Weinstein's and Freeman's damage claims for violation of Va. Consumer Protection Act, received Industries, Inc., Todd Marine (mwin)
|
|
|
| 70 |
Filed: 3/22/2001, Entered: 3/22/2001 |
Reply to Response to Motion |
|
REPLY by Todd Marine, FRP Industries, Inc., Marine Unlimited to plaintiffs' response to [59-3] motion by Marine Unlimited, FRP Industries, Inc., Todd Marine in Limine to exclude evidence of lost profits and consequential damages, received (mwin)
|
|
|
| -- |
Filed: 3/29/2001, Entered: 3/29/2001 |
Motion Hearing |
|
Motion hearing held re: [59-1] motion by Marine Unlimited, FRP Industries, Inc., Todd Marine in Limine to exclude testimony of plaintiffs' expert, David E. Jones by Marine Unlimited, FRP Industries, Inc., Todd Marine, [59-2] motion by Marine Unlimited, FRP Industries, Inc., Todd Marine in Limine to exclude evidence of Weinstein's and Freeman's damage claims for violation of Va. Consumer Protection Act by Marine Unlimited, FRP Industries, Inc., Todd Marine, [59-3] motion by Marine Unlimited, FRP Industries, Inc., Todd Marine in Limine to exclude evidence of lost profits and consequential damages by Marine Unlimited, FRP Industries, Inc., Todd Marine (rlam)
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|
|
| 71 |
Filed: 3/29/2001, Entered: 3/29/2001 |
Minutes - Miscellaneous |
|
Minute entry: BOTH CASES - COURT PROCEEDINGS - FBS, USMJ. Sharon Borden, OCR. Counsel appeared. Matter came on [59-1, 59-2 and 59-3] motions in limine. Argument of counsel heard. Court DENIED the motions. Court to issue an order. Court adjourned. (rlam)
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|
|
| 72 |
Filed: 3/29/2001, Entered: 3/30/2001 |
Order |
|
|
BOTH CASES: ORDER on 3/29/01 hearing overruling [59-1] motion by Marine Unlimited, FRP Industries, Inc., Todd Marine in Limine to exclude testimony of plaintiffs' expert, David E. Jones, [59-2] to exclude evidence of Weinstein's and Freeman's damage claims, and [59-3] to exclude evidence of lost profits and consequential damages; entered and filed 3/29/01 (signed by Magistrate Judge F. B. Stillman) Copies Mailed: 3/30/01 [EOD Date: 3/30/01] (mwin)
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|
|
| -- |
Filed: 3/30/2001, Entered: 3/30/2001 |
Jury Trial - Begun |
|
Jury Trial RESET for 10:00, Wednesday, 4/4/01, per calendar section (mwin)
|
|
|
| 73 |
Filed: 3/30/2001, Entered: 3/30/2001 |
Transcript |
|
|
TRANSCRIPT of Motions Hearing 3/29/01 before Magistrate Judge F. Bradford Stillman (mwin)
|
|
|
| -- |
Filed: 4/4/2001, Entered: 4/5/2001 |
Jury Trial - Begun |
|
Jury Trial held (danc)
|
|
|
| 74 |
Filed: 4/4/2001, Entered: 4/5/2001 |
Minutes - Miscellaneous |
|
Minute entry: JURY TRIAL PROCEEDINGS: HCM, Jr, j; Diane Gray, OCR; app. by Glen A. Huff & J. Bryan Plumlee on behalf of ptfs. & William D. Bayliss & J. Scott Kulp on behalf of dfts. Dfts.' motion to exclude witnesses, except experts, GRANTED. The jury app. as summoned & sworn on voir dire. Twelve (12) jurors were selected & sworn to try the issue. Jurors not selected excused subject to call. Opening statements heard. Stipulations read to jury. Ptf. pres. evidence in part. Parties exc. until 4/5/01 at 9:30 am. Adj. (danc)
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|
|
| -- |
Filed: 4/5/2001, Entered: 4/5/2001 |
Jury Trial - Begun |
|
Jury Trial held (danc)
|
|
|
| 75 |
Filed: 4/5/2001, Entered: 4/6/2001 |
Minutes - Miscellaneous |
|
Minute entry: CONTINUATION OF JURY TRIAL PROCEEDINGS (DAY 2): HCM, Jr., j; Diane Gray, OCR; app. by cnsl. Parties & jurors app. Ptfs. cont. pres. of evidence in part. Parties exc. until 4/6/01 at 9:30 am. Adj. (danc)
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|
|
| -- |
Filed: 4/6/2001, Entered: 4/6/2001 |
Jury Trial - Begun |
|
Jury Trial held (danc)
|
|
|
| 76 |
Filed: 4/6/2001, Entered: 4/9/2001 |
Minutes - Miscellaneous |
|
Minute entry: CONTINUATION OF JURY TRIAL PROCEEDINGS (DAY 3): HCM, Jr., j; Diane Gray, OCR; app. by cnsl. Parties & jurors app. Ptfs. cont. pres. of evidence in part. Excerpts of Deposition Upon Oral Examination of Kenneth A. Nall with Plaintiffs' Deposition Designations attached thereto, filed in open court. Parties exc. until 4/10/01 at 9:30 am. Adj. (danc)
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|
|
| 77 |
Filed: 4/6/2001, Entered: 4/9/2001 |
Deposition |
|
EXCERPTS OF DEPOSITION UPON ORAL EXAMINATION of Kenneth A. Nall, with Plaintiffs' Deposition Designations attached thereto, filed in open court. (danc)
|
|
|
| 78 |
Filed: 4/9/2001, Entered: 4/9/2001 |
Transcript |
|
|
BOTH CASES: TRANSCRIPT excerpt of trial proceedings containing opening statement on behalf of defendants, 4/4/01, before Judge Henry Coke Morgan, Jr. (mwin)
|
|
|
| -- |
Filed: 4/10/2001, Entered: 4/11/2001 |
Jury Trial - Begun |
|
Jury Trial held (danc)
|
|
|
| -- |
Filed: 4/10/2001, Entered: 4/11/2001 |
Miscellaneous Document |
|
ORAL MOTION in open court by Todd Marine, FRP Industries, Inc., Marine Unlimited by Marine Unlimited, FRP Industries, Todd Marine for Judgment as a Matter of Law (danc)
|
|
|
| 79 |
Filed: 4/10/2001, Entered: 4/11/2001 |
Minutes - Miscellaneous |
|
Minute entry: CONTINUATION OF JURY TRIAL PROCEEDINGS (DAY 4): HCM, Jr., j; Diane Gray, OCR; app. by cnsl. Parties app., & then jurors app. Ptfs. cont. pres. of evidence & rested. Ptfs.' Memo in Support of Ptfs.' Damages Purs. to Court's Direction recd. in open court. Dfts.' Brief on Damages recd. in open court. Excerpts of Deposition Upon Oral Examination of Felix Nall, with Plaintiffs' Deposition Designations attached thereto, filed in open court. Dfts.' Oral Motion for Judgment as a Matter of Law argued in part. Dfts.' Memo of Law in Support of Dfts.' Motion for Judgment as a Matter of Law, etc., recd. in open court. Dfts. pres. evidence in part. Jurors exc. until 4/11/01 at 9:30 am. Cont. of argument on dfts.' motion. Cnsl. & parties exc. until 4/11/01 at 9:30 am. Adj. (danc) Modified on 04/25/2001
|
|
|
| 80 |
Filed: 4/10/2001, Entered: 4/11/2001 |
Memorandum in Support |
|
MEMORANDUM by Robert Weinstein, William Freeman, James Fox, Zbigniew Domzall, John Poulos, Frank Pettetisani, Riddleburger in support of ptfs.' Damages Purs. to Court's Direction recd, in open court. (danc)
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|
|
| 81 |
Filed: 4/10/2001, Entered: 4/11/2001 |
Miscellaneous Document |
|
Brief by Todd Marine, FRP Industries, Inc., Marine Unlimited on Damages, recd. in open court. (danc)
|
|
|
| 82 |
Filed: 4/10/2001, Entered: 4/11/2001 |
Deposition |
|
EXCERPTS OF DEPOSITION UPON ORAL EXAMINATION of Felix Nall, with Plaintiff's Deposition Designations attached thereto, filed in open court. (danc)
|
|
|
| 83 |
Filed: 4/10/2001, Entered: 4/11/2001 |
Memorandum in Support |
|
MEMORANDUM OF LAW by Todd Marine, FRP Industries, Inc., Marine Unlimited in support of dfts.' Motion for Judgment as a Matter of Law Regarding Ptfs.' Prayer for Lost Profits & Consequential Damages, recd. in open court. (danc)
|
|
|
| -- |
Filed: 4/11/2001, Entered: 4/11/2001 |
Jury Trial - Begun |
|
Jury Trial held (danc)
|
|
|
| 84 |
Filed: 4/11/2001, Entered: 4/12/2001 |
Minutes - Miscellaneous |
|
Minute entry: CONTINUATION OF JURY TRIAL PROCEEDINGS (DAY 5): HCM, Jr., j; Diane Gray, OCR; app. by cnsl. Cont. of argument on dfts.' motion for judgment as a matter of law. Motion GRANTED in part & DENIED in part. Jurors app. Dfts. cont. pres. of evidence in part. Jurors exc., then later cnsl. & parties exc. until 4/12/01 at 9:30 a.m. Adj. (danc)
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|
|
| -- |
Filed: 4/12/2001, Entered: 4/12/2001 |
Jury Trial - Begun |
|
Jury Trial held (danc)
|
|
|
| 85 |
Filed: 4/12/2001, Entered: 4/13/2001 |
Minutes - Miscellaneous |
|
Minute entry: CONTINUATION OF JURY TRIAL PROCEEDINGS (DAY 6): HCM, Jr., j; Diane Gray, OCR, & Horace Weiss, Contract Rptr., Zahn, Hall, Zahn; app. by cnsl. Jurors & parties app. Dfts. cont. pres. of evidence & rested. Court will allow ptfs. & dfts. to orally amend pleadings. Ptfs. pres. rebuttal evidence & rested. Dfts.' renewed motion for judgment as a matter of law; argued. Motion GRANTED in part & DENIED in part. Jurors exc. until 4/13/01 at 9:30 am. Court, cnsl. & parties reviewed instructions. Cnsl. & parties exc. until 4/13/01 at 9:30 am. Adj. (danc)
|
|
|
| -- |
Filed: 4/13/2001, Entered: 4/13/2001 |
Jury Trial - Begun |
|
Jury Trial held (danc)
|
|
|
| 86 |
Filed: 4/13/2001, Entered: 4/16/2001 |
Minutes - Miscellaneous |
|
Minute entry: CONTINUATION OF JURY TRIAL PROCEEDINGS (DAY 7): HCM, Jr., j; Diane Gray, OCR; app. by cnsl. Cnsl. & parties app. to review instructions. Jurors app., heard court's instructions & closing arguments of cnsl. Jurors retired to commence deliberations, returning later with a question. Rulings read into record. Court allowed ptfs. to substitute photographs for all non paper exhibits & dfts. to substitute photographs for Dfts.' Exhibit 144. Jurors, and then later cnsl. & parties exc. until April 16, 2001, at 10:00 a.m. Adj. (danc)
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|
|
| 87 |
Filed: 4/13/2001, Entered: 4/16/2001 |
Order |
|
|
ORDER directing Mshl. to furnish meal to Jury & submit bill to Clerk for payment ( signed by Judge Henry C. Morgan Jr. ) Copies to Jury Clerk w/receipts. [EOD Date: 4/16/01] (danc)
|
|
|
| -- |
Filed: 4/16/2001, Entered: 4/16/2001 |
Jury Trial - Begun |
|
Jury Trial held (danc)
|
|
|
| 88 |
Filed: 4/16/2001, Entered: 4/17/2001 |
Minutes - Miscellaneous |
|
Minute entry: CONTINUATION OF JURY TRIAL PROCEEDINGS (DAY 8): RBS, j; Diane Gray, OCR; app. by cnsl. Jurors app., heard court's instructions & retired to continue deliberations, returning later with verdicts. Seven (7) Special Verdict Forms filed in open court. Jurors excused subject to call. Dfts.' motions to set aside the verdicts & remit the verdicts to the amount of proof & renewed post trial motions; argued. Cnsl. to file written motions. Adj. (danc)
|
|
|
| 89 |
Filed: 4/16/2001, Entered: 4/17/2001 |
Jury Verdict |
|
JURY VERDICT for Robert Weinstein filed in open court. (danc)
|
|
|
| 90 |
Filed: 4/16/2001, Entered: 4/17/2001 |
Jury Verdict |
|
JURY VERDICT for William Freeman filed in open court. (danc)
|
|
|
| 91 |
Filed: 4/16/2001, Entered: 4/17/2001 |
Jury Verdict |
|
JURY VERDICT for James Fox filed in open court. (danc)
|
|
|
| 92 |
Filed: 4/16/2001, Entered: 4/17/2001 |
Jury Verdict |
|
JURY VERDICT for Zbigniew Domzall filed in open court. (danc)
|
|
|
| 93 |
Filed: 4/16/2001, Entered: 4/17/2001 |
Jury Verdict |
|
JURY VERDICT for John Poulos filed in open court. (danc)
|
|
|
| 94 |
Filed: 4/16/2001, Entered: 4/17/2001 |
Jury Verdict |
|
JURY VERDICT for Frank Pettetisani filed in open court. (danc)
|
|
|
| 95 |
Filed: 4/16/2001, Entered: 4/17/2001 |
Jury Verdict |
|
JURY VERDICT for Riddleburger filed in open court. (danc)
|
|
|
| 96 |
Filed: 4/24/2001, Entered: 4/24/2001 |
Transcript |
|
|
BOTH CASES: TRANSCRIPT excerpt of trial proceedings containing verdict, Volume 8, pages 1-20, before Judge Henry C. Morgan, Jr., 4/16/01 (mwin)
|
|
|
| 97 |
Filed: 4/30/2001, Entered: 4/30/2001, Terminated: 8/1/2001 |
Motion for Attorney Fees |
|
BOTH CASES: MOTION by plaintiffs for Attorney's Fees, expenses and costs (mwin)
|
|
|
| -- |
Filed: 5/1/2001, Entered: 5/2/2001 |
Motion Hearing |
|
Motion hearing re: [97-1] motion by plaintiffs for Attorney's Fees, expenses and costs set at 2:00 6/11/01 (mwin)
|
|
|
| -- |
Filed: 5/3/2001, Entered: 5/3/2001 |
Set/Reset Deadlines |
|
Deadline updated; set post-judgment motion filing deadline to 5/25/01, per chambers (mwin)
|
|
|
| 98 |
Filed: 5/9/2001, Entered: 5/9/2001 |
Transcript |
|
|
BOTH CASES: TRANSCRIPT: Excerpts of testimony of Kiko Villanon 4/12/01 before Judge Henry Coke Morgan, Jr. (mwin)
|
|
|
| 99 |
Filed: 5/14/2001, Entered: 5/15/2001 |
Motion for Miscellaneous Relief |
|
MOTION with MEMORANDUM in Support (renewed post-judgment motions) by FRP Industries, Inc. to reduce verdicts to reflect proper repair damages , by FRP Industries, Inc. to dismiss all Magnuson-Moss claims , by FRP Industries, Inc. to exclude testimony of David E. Jones , by FRP Industries, Inc. to reduce verdicts by $6500 per boat , by FRP Industries, Inc. to reduce verdicts to conform to evidence and instructions ; (new motion) by FRP Industries, Inc. to strike plaintiffs' supplemental discovery responses (mwin)
|
|
|
| 100 |
Filed: 5/25/2001, Entered: 5/29/2001 |
Memorandum in Opposition |
|
BOTH CASES: MEMORANDUM by Robert Weinstein, William Freeman, James Fox, Zbigniew Domzall, John Poulos, Frank Pettetisani, Riddleburger in opposition to defendant's post-trial motions ([99-1-6] motion to reduce verdicts to reflect proper repair damages, motion to dismiss all Magnuson-Moss claims, motion to exclude testimony of David E. Jones, motion to reduce verdicts to $6500 per boat, motion to reduce verdicts to conform to evidence and instructions, motion to strike plaintiffs' supplemental discovery responses) (mwin) Modified on 05/29/2001
|
|
|
| 101 |
Filed: 5/30/2001, Entered: 5/31/2001 |
Reply to Response to Motion |
|
BOTH CASES: REPLY by FRP Industries, Inc. to response to [99-1] motion by FRP Industries, Inc. to reduce verdicts to reflect proper repair damages, [99-2] motion by FRP Industries, Inc. to dismiss all Magnuson-Moss claims, [93-3] motion by FRP Industries, Inc. to exclude testimony of David E. Jones, [99-4] motion by FRP Industries, Inc. to reduce verdicts by $6500 per boat, [99-5] motion by FRP Industries, Inc. to reduce verdicts to conform to evidence and instructions, [99-6] motion by FRP Industries, Inc. to strike discovery (mwin)
|
|
|
| -- |
Filed: 6/11/2001, Entered: 6/12/2001 |
Set/Reset Deadlines |
|
Settlement Conference set on 2:30 7/11/01 (mwin)
|
|
|
| -- |
Filed: 6/11/2001, Entered: 6/13/2001 |
Motion Hearing |
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Motion hearing held re: [99-1] motion by FRP Industries, Inc. to reduce verdicts to reflect proper repair damages by FRP Industries, Inc., [99-2] motion by FRP Industries, Inc. to dismiss all Magnuson-Moss claims by FRP Industries, Inc., [99-3] motion by FRP Industries, Inc. to exclude testimony of David E. Jones by FRP Industries, Inc., [99-4] motion by FRP Industries, Inc. to reduce verdicts by $6500 per boat by FRP Industries, Inc., [99-5] motion by FRP Industries, Inc. to reduce verdicts to conform to evidence and instructions by FRP Industries, Inc., [99-6] motion by FRP Industries, Inc., [97-1] motion by plaintiffs for Attorney's Fees, expenses and costs by plaintiffs (danc)
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Filed: 6/11/2001, Entered: 6/13/2001 |
Set/Reset Deadlines |
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Deadline updated; [99-1] motion by FRP Industries, Inc. to reduce verdicts to reflect proper repair damages under advisement, [99-2] motion by FRP Industries, Inc. to dismiss all Magnuson-Moss claims under advisement, [99-3] motion by FRP Industries, Inc. to exclude testimony of David E. Jones under advisement, [99-4] motion by FRP Industries, Inc. to reduce verdicts by $6500 per boat under advisement, [99-5] motion by FRP Industries, Inc. to reduce verdicts to conform to evidence and instructions under advisement, [99-6] motion to strike supplemental discovery responses under advisement, [97-1] motion by plaintiffs for Attorney's Fees, expenses and costs under advisement (mwin)
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| 102 |
Filed: 6/11/2001, Entered: 6/13/2001 |
Minutes - Miscellaneous |
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Minute entry: COURT PROCEEDINGS: HCM, Jr., j; Diane Gray, OCR; app. by cnsl. Came on for hearing on dft. FRP Industries, Inc.'s motion (renewed post-judgment motions) to reflect proper repair damages, etc. (#99), and ptfs.' motion for attorneys fees, expenses & costs (#97); argued. Court's comments read into record. Court takes matter under advisement & directs cnsl. to set settlement conference with USMJ Miller as soon as possible after 4 weeks from today w/dft's. principal present in person & 7 ptfs. each present in person unless a power of attorney is submitted granting authority to settle case for whatever amt. cnsl. determine that it should be settled. Court ordered that ptfs. submit attorneys fees and bill of costs requested within 2 weeks from today. (No expert testimoney in support thereof required at this time. Dft. shall file any reply within one week thereafter. (danc)
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| 103 |
Filed: 6/25/2001, Entered: 6/26/2001 |
Bill of Costs |
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Bill of costs in the amount of $12,025.14 by Robert Weinstein, William Freeman, James Fox, Zbigniew Domzall, John Poulos, Frank Pettetisani, Riddleburger (mwin)
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| 104 |
Filed: 6/25/2001, Entered: 6/26/2001 |
Memorandum in Support |
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BOTH CASES: MEMORANDUM by Robert Weinstein, William Freeman, James Fox, Zbigniew Domzall, John Poulos, Frank Pettetisani, Riddleburger in support of [97-1] motion by plaintiffs for Attorney's Fees, expenses and costs, received (mwin)
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| 105 |
Filed: 7/3/2001, Entered: 7/3/2001 |
Memorandum in Opposition |
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MEMORANDUM by FRP Industries, Inc. in opposition to [104-1] memorandum by plaintiffs in support of motion for costs, expenses, and attorney's fees, received (mwin)
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| 106 |
Filed: 7/3/2001, Entered: 7/3/2001 |
Objection |
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OBJECTION by defendant FRP Industries, Inc. to [103-1] bill of costs by plaintiffs (mwin) Modified on 07/09/2001
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| 107 |
Filed: 7/9/2001, Entered: 7/9/2001 |
Miscellaneous Document |
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BOTH CASES: Reply by Robert Weinstein, William Freeman, James Fox, Zbigniew Domzall, John Poulos, Frank Pettetisani, Riddleburger to defendant FRP Industries' [106-1] objection to plaintiffs' bill of costs (mwin)
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| 108 |
Filed: 7/9/2001, Entered: 7/9/2001 |
Miscellaneous Document |
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BOTH CASES: Reply by Robert Weinstein, William Freeman, James Fox, Zbigniew Domzall, John Poulos, Frank Pettetisani, Riddleburger to [105-1] opposition memorandum by FRP Industries, Inc. to attorney's fees and expenses, received (mwin)
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Filed: 7/11/2001, Entered: 7/12/2001 |
Set/Reset Deadlines |
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Settlement Conference held by Magistrate Judge Tommy E. Miller (mwin)
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| 109 |
Filed: 8/1/2001, Entered: 8/2/2001 |
Order |
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BOTH CASES: OPINION AND ORDER denying [99-2] renewed motion by FRP Industries for judgment as a matter of law upon Magnuson-Moss claims; denying [99-3] post-trial motion by FRP Industries, Inc. to exclude testimony of David E. Jones; noting FRP's motion to strike plaintiff's supplemental discovery responses is premature; granting [99-5] motion by FRP Industries, Inc. for remittitur against each plaintiff and vacating jury verdicts as to amount of damages awarded each plaintiff ; granting as modified [97-1] motion plaintiffs for attorney's fees, expenses, and costs pursuant to Magnuson-Moss Warranty Act; granting judgment for each plaintiff against defendant FRP for their respective shares of prorated attorney's fees, litigation expenses, and costs as follows: Robert Weinstein: judgment of $14,859.33, plus attorney's fees, litigation expenses, and costs of $16,893.84 ($31,753.17), together with interest thereon from date of order; William Freeman: judgment of $15,198.43,plus attorney's fees, litigation expenses, and costs of $16,893.84 ($32,092.27), together with interest thereon from date of order; James Fox: judgment of $11,719.14, plus attorney's fees, litigation expenses, and costs of $16,893.84 ($28,612.98), together with interest thereon from date of order; Zbigniew Domzall: judgment of $29,726.52, plus attorney's fees, litigation expenses, and costs of $16,893.84 ($46,620.36), together with interest thereon from date of order; John Poulos: judgment of $7,060.25, plus attorney's fees, litigation expenses, and costs of $16,893.84 ($23,954.09), together with interest thereon from date of order; Frank Pettisani [Pettetisani]: judgment of $17,184.52, plus attorney's fees, litigation expenses, and costs of $16,893.84 ($34,078.36), together with interest thereon from date of order; Riddleberger Brothers, Inc.: $12,563.33, plus attorney's fees, litigation expenses, and costs of $16,893.84 ($29,457.17), together with interest thereon from date of order; directing plaintiffs shall accept judgments within 15 days or request judgment be set aside and new trial ordered on damages only ; entered 7/31/01; filed 8/1/01 (signed by Judge Henry C. Morgan Jr.) Copies Mailed: 8/1/01 [EOD Date: 8/2/01] (mwin) Modified on 08/02/2001
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Filed: 8/3/2001, Entered: 8/3/2001 |
Case Assigned/Reassigned |
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CASE assigned to Judge Henry C. Morgan Jr. (mwin)
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Filed: 8/3/2001, Entered: 8/3/2001 |
Terminated Case |
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Case closed (mwin)
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| -- |
Filed: 8/3/2001, Entered: 8/3/2001 |
Permanent Record |
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Permanent Record (mwin)
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| 110 |
Filed: 8/3/2001, Entered: 8/3/2001 |
Judgment |
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BOTH CASES: JUDGMENT on jury verdict and judgment on decision by court on renewed motions and post-trial motions: directing, pursuant to jury verdicts rendered 4/16/01, as to defendant Todd Marine Enterprises, Inc., plaintiffs Robert Weinstein and William Freeman take nothing, action dismissed on merits, and Todd Marine Enterprises, Inc. recover of Weinstein and Freeman its costs of action, and as to defendant Marine Unlimited, Inc., plaintiff Riddleburger Brothers, Inc. take nothing, action dismissed on merits, and Marine Unlimited, Inc. recover of Riddleburger Brothers, Inc. its costs of action; denying FRP's renewed motion for judgment as matter of law upon Magnuson-Moss Warranty Act; granting FRP's motion for remittitur against each plaintiff; vacating jury verdicts as to amount of damages awarded each plaintiff; granting as modified plaintiffs'motion for attorney's fees and costs pursuant to Magnuson-Moss Warranty Act; granting judgment for each plaintiff against defendant FRP Industries, Inc. for share of prorated attorney's fees, litigation expenses, and costs; directing Robert Weinstein recover of FRP Industries, Inc. $31,753.17, consisting of $14,859.33 in damages, plus $16,893.84 in attorney's fees, expenses, and costs, w/interest at 3.59% as provided by law; directing William Freeman recover of FRP Industries $32,092.27, consisting of $15,198.43 damages plus $16,893.84 attorney's fees, expenses, and costs, w/interest at 3.59%; directing James Fox recover of FRP Industries $28,612.98, consisting of $11,719.14 in damages plus $16,893.84 attorney's fees, expenses, and costs, w/interest at 3.59%; directing Zbigniew Domzall recover of FRP Industries $46,620.36, consisting of $29,726.52 damages plus $16,893.84 attorney's fees, expenses, and costs, w/interest at 3.59%; directing John Poulos recover of FRP Industries $23,954.09, consisting of $7,060.25 damages plus $16,893.84 attorney's fees, expenses, and costs, w/interest at 3.59%; directing Frank Pettetisani recover of FRP Industries $34,078.36, consisting of $17,184.52 damages plus $16,893.84 attorney's fees, expenses, and costs, w/interest at 3.59%; directing Riddleburger Brothers, Inc. recover of FRP Industries $29,457.17, consisting of $12,563.33 damages plus $16,893.84 attorney's fees, expenses, and costs, w/interest at 3.59%; entered by clerk 7/31/01; filed 8/3/01; Copies Mailed: 8/3/01. ob [EOD DATE: 8/3/01] (mwin) Modified on 08/03/2001
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| 111 |
Filed: 8/3/2001, Entered: 8/3/2001 |
Transcript |
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TRANSCRIPT excerpt of post-judgment motions 6/11/01 before Judge Henry Coke Morgan, Jr. (mwin)
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Filed: 8/10/2001, Entered: 8/13/2001 |
Set/Reset Deadlines |
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Deadline updated; Response to Motion set to 8/24/01 for [113-1] motion by Robert Weinstein, William Freeman, James Fox, Zbigniew Domzall, John Poulos, Frank Pettetisani, Riddleburger Brothers for Court to certify issues for interlocutory appeal, [113-2] motion by Robert Weinstein, William Freeman, James Fox, Zbigniew Domzall, John Poulos, Frank Pettetisani, Riddleburger Brothers to Vacate judgment,[112-1] motion by Riddleburger Brothers, Frank Pettetisani, John Poulos, Zbigniew Domzall, James Fox, William Freeman, Robert Weinstein for Reconsideration of [109-1] order and [110-1] judgment (mwin)
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| 112 |
Filed: 8/10/2001, Entered: 8/13/2001 |
Motion for Reconsideration |
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BOTH CASES: MOTION by Riddleburger Brothers, Frank Pettetisani, John Poulos, Zbigniew Domzall, James Fox, William Freeman, Robert Weinstein for Reconsideration of [109-1] order and [110-1] judgment (entitled "Motion to Reconsider and Motion to Certify") (mwin) Modified on 08/13/2001
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| 113 |
Filed: 8/10/2001, Entered: 8/13/2001 |
Motion for Miscellaneous Relief |
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BOTH CASES: MOTION by Robert Weinstein, William Freeman, James Fox, Zbigniew Domzall, John Poulos, Frank Pettetisani, Riddleburger Brothers for Court to certify issues for interlocutory appeal , and by Robert Weinstein, William Freeman, James Fox, Zbigniew Domzall, John Poulos, Frank Pettetisani, Riddleburger Brothers to Vacate judgment (mwin) Modified on 08/13/2001
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| 114 |
Filed: 8/10/2001, Entered: 8/13/2001 |
Memorandum in Support |
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MEMORANDUM by Robert Weinstein, William Freeman, James Fox, Zbigniew Domzall, John Poulos, Frank Pettetisani, Riddleburger in support of [112-1] motion Robert Weinstein, et al, for Reconsideration of [109-1] order and [110-1] judgment, [113-1] motion by Robert Weinstein, et al, for Court to certify issues for interlocutory appeal, [113-2] motion by Robert Weinstein, et al, to Vacate judgment, received (mwin)
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| 115 |
Filed: 8/15/2001, Entered: 8/16/2001 |
Remark |
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BOTH CASES: Acceptance of remittitur ordered by court in 7/31/01 opinion and order and judgment order, by plaintiff Robert Weinstein, plaintiff William Freeman, plaintiff James Fox, plaintiff Zbigniew Domzall, plaintiff John Poulos, plaintiff Frank plaintiff, Riddleburger (mwin)
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| 116 |
Filed: 8/21/2001, Entered: 8/23/2001 |
Memorandum in Opposition |
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MEMORANDUM by FRP Industries, Inc. in opposition to [112-1] motion by plaintiffs to reconsider, [113-1] motion by plaintiffs to certify issues for interlocutory appeal, received (mwin)
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| 117 |
Filed: 8/30/2001, Entered: 8/30/2001, Terminated: 10/26/2001 |
Notice of Appeal |
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NOTICE OF APPEAL by FRP Industries, Inc. FILING FEE $ 105.00 RECEIPT # 200 31130 (clerk)
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Filed: 9/6/2001, Entered: 9/6/2001, Terminated: 10/26/2001 |
Transmission of Notice of Appeal to 4CCA |
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Copy of Notice of Appeal, Opinion and Order, Judgment and docket sheet to USCA: copy of notice of appeal, docketing statement and transcript order form to counsel for defendant/appellant; copy of notice of appeal to counsel of record re: [117-1] appeal by FRP Industries, Inc. (clerk)
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| 118 |
Filed: 9/11/2001, Entered: 9/13/2001 |
Notice of Appeal |
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NOTICE OF APPEAL by Robert Weinstein, William Freeman, James Fox, Zbigniew Domzall, John Poulos, Frank Pettetisani, Riddleburger. (clerk)
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Filed: 9/13/2001, Entered: 9/13/2001, Terminated: 10/26/2001 |
Transmission of Notice of Appeal to 4CCA |
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Copy of Notice of Cross Appeal, Judgment and docket sheet to USCA: copy of Notice of Cross Appeal, docketing statement and transcript order form to counsel for plaintiffs/appellants; copy of notice of cross appeal to all counsel of record re: [118-1] appeal by Riddleburger, Frank Pettetisani, John Poulos, Zbigniew Domzall, James Fox, William Freeman, Weinstein (clerk)
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Filed: 9/14/2001, Entered: 9/14/2001, Terminated: 10/26/2001 |
USCA Case Number |
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USCA Case Number Re: [118-1] appeal by plaintiffssssss CASE MANAGER: Deborah Daniel USCA NUMBER: 01-2089 (clerk)
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Filed: 9/19/2001, Entered: 9/20/2001 |
USCA Appeal Fees |
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USCA appeal fees for Cross Appeal received $ 105.00 Receipt # 200 31398 (clerk)
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Filed: 9/19/2001, Entered: 9/20/2001 |
USCA Case Number |
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USCA Case Number Re: [118-1] appeal by plaintiffssssss CASE MANAGER: Deborah Daniel USCA NUMBER: 01-2108 (clerk)
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| 119 |
Filed: 9/19/2001, Entered: 9/20/2001 |
USCA Order |
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Copy of USCA Order consolidating Appeal #01-2089 and 01-2108 for purposes of briefing and oral argument. (clerk)
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| 120 |
Filed: 9/19/2001, Entered: 9/20/2001 |
Docket Annotation |
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Transcript Purchase Order form for Trial testimony on 4/3/01, filed. (clerk)
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| 121 |
Filed: 10/26/2001, Entered: 10/26/2001 |
USCA Judgment |
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JUDGMENT OF USCA dismissing this appeal on a consent motion filed by appellant (certified copy) Re: [118-1] appeal, [117-1] appeal, filed. (clerk)
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Filed: 12/6/2001, Entered: 12/7/2001 |
Withdrawal of Motion |
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WITHDRAWAL by letter from plaintiff's counsel of [113-1] motion by Robert Weinstein, William Freeman, James Fox, Zbigniew Domzall, John Poulos, Frank Pettetisani, Riddleburger Brothers for Court to certify issues for interlocutory appeal, [113-1] motion by Robert Weinstein, William Freeman, James Fox, Zbigniew Domzall, John Poulos, Frank Pettetisani, Riddleburger Brothers to Vacate judgment; [112-1] motion by Riddleburger Brothers, Frank Pettetisani, John Poulos, Zbigniew Domzall, James Fox, William Freeman, Robert Weinstein for Reconsideration of [109-1] order and [110-1] judgment (mwin)
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Filed: 7/22/2003, Entered: 10/3/2003 |
Docket Annotation |
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Jury instructions destroyed. (ariv)
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