| 54 |
Filed: 1/3/2000, Entered: 1/4/2001 |
Stipulation |
 |
|
Stipulation consenting to voir dire/jury selection by Magistrate Judge (Barletta, B)
|
|
|
| 55 |
Filed: 1/17/2000, Entered: 1/17/2001 |
Order |
|
|
ORDER granting in part, denying in part [20-1] motion to Dismiss 1ST AMENDED COMPLAINT Motion is GRANTED as to counts I and II and denied as to Count III. Memorandum & Order to be filed shortly. General Motors shall file its answer on or before 1/25/01 ( signed by Judge Ernest C. Torres ) (Webb, J)
|
|
|
| -- |
Filed: 1/29/2000, Entered: 1/29/2001 |
Motions Referred |
|
Motion(s) referred to Judge: [58-1] motion to Strike claim for punitive damges by County Motors, [58-2] motion to Bifurcate punitive damages phase of trial, [57-1] motion to Preclude, or for a Rule 104 Hearing to Preclude Expert Testimony of Dr. Ernest H. Manuel (Webb, J)
|
|
|
| -- |
Filed: 3/14/2000, Entered: 3/14/2000 |
|
|
CASE assigned to Judge Ernest C. Torres . Assigned to Magistrate Judge Martin (McCabe, F)
|
|
|
| 1 |
Filed: 3/14/2000, Entered: 3/14/2000 |
|
|
ENTRY of appearance for General Motors Corp. by Gerald DeMaria. (McCabe, F)
|
|
|
| 2 |
Filed: 3/14/2000, Entered: 3/14/2000 |
|
|
NOTICE OF REMOVAL; FILING FEE $ 150.00 RECEIPT # 44325 (McCabe, F)
|
|
|
| -- |
Filed: 3/24/2000, Entered: 3/24/2000 |
|
|
Pre-Trial Conference set at 9:30 5/16/00 Before Judge Ernest C. Torres (Webb, J)
|
|
|
| 3 |
Filed: 4/6/2000, Entered: 4/7/2000 |
Stipulation |
|
Stipulation dft have till 4/20/00 to respond to complaint (Webb, J)
|
|
|
| -- |
Filed: 4/7/2000, Entered: 4/7/2000 |
|
|
Deadline updated; reset Answer deadline to 4/20/00 for General Motors Corp. (Webb, J)
|
|
|
| 4 |
Filed: 4/20/2000, Entered: 4/21/2000 |
Terminated: |
|
MOTION by General Motors Corp. for Daniel L. Goldberg, James C. McGrath to Appear Pro Hac Vice (Mercurio, A)
|
|
|
| 6 |
Filed: 4/20/2000, Entered: 4/21/2000, Terminated: 6/9/2000 |
Terminated: |
|
MOTION by General Motors Corp. to Dismiss for Failure to Join a Necessary Party (Mercurio, A)
|
|
|
| 5 |
Filed: 4/21/2000, Entered: 4/21/2000 |
|
|
(2) AFFIDAVITS by General Motors Corp. Re: [4-1] motion for Daniel L. Goldberg, James C. McGrath to Appear Pro Hac Vice (Mercurio, A)
|
|
|
| -- |
Filed: 5/4/2000, Entered: 5/4/2000 |
|
|
Motion(s) referred to Judge: [6-1] motion to Dismiss for Failure to Join a Necessary Party (Webb, J)
|
|
|
| 7 |
Filed: 5/4/2000, Entered: 5/4/2000, Terminated: 2/7/2001 |
Response/Reply - Miscellaneous |
|
OBJECTION by County Motors, Inc. to [6-1] motion to Dismiss for Failure to Join a Necessary Party (Mercurio, A)
|
|
|
| 8 |
Filed: 5/10/2000, Entered: 5/11/2000, Terminated: 5/12/2000 |
Terminated: |
|
(2) MOTIONS by General Motors Corp. for Daniel L. Goldberg and James C. McGrath to Appear Pro Hac Vice (Mercurio, A)
|
|
|
| 9 |
Filed: 5/12/2000, Entered: 5/12/2000 |
|
|
|
ORDER granting [8-1] motion for Daniel L. Goldberg and James C. McGrath to Appear Pro Hac Vice ( signed by Judge Ernest C. Torres ) (Webb, J)
|
|
|
| -- |
Filed: 5/16/2000, Entered: 5/17/2000 |
Pretrial Conference - Initial |
|
Pre-Trial Conference held will be referred for ADR conference sometime after June 15, 2000 (Webb, J)
|
|
|
| -- |
Filed: 5/16/2000, Entered: 5/22/2000 |
Remark |
|
Filing Fee Paid for Pro Hac Vice Admission for Attorneys Daniel L. Goldberg and James C. McGrath; $100.00 paid, Receipt #44775 (Mercurio, A)
|
|
|
| 10 |
Filed: 5/17/2000, Entered: 5/17/2000 |
|
|
|
SCHEDULING ORDER setting Discovery cutoff 9/15/00 ; Deadline for filing of all motions 9/15/00 ; Pretrial Memorandum Deadline 11/15/00 ; ( signed by Judge Ernest C. Torres ) (Webb, J)
|
|
|
| 11 |
Filed: 6/9/2000, Entered: 6/9/2000 |
|
|
|
ORDER conditionally granting [6-1] motion to Dismiss for Failure to Join a Necessary Party ( signed by Judge Ernest C. Torres ) (Mercurio, A)
|
|
|
| 12 |
Filed: 6/9/2000, Entered: 6/9/2000 |
|
|
|
ADDENDEDUM TO SCHEDULING ORDER ( signed by Judge Ernest C. Torres ) (Mercurio, A)
|
|
|
| 13 |
Filed: 6/9/2000, Entered: 6/13/2000 |
Order |
|
|
ORDER granting in part, denying in part [6-1] motion to Dismiss for Failure to Join a Necessary Party PLAINTIFF HAS 30 DAYS TO JOIN LANCE, iNC ( signed by Judge Ernest C. Torres ) (Webb, J)
|
|
|
| 14 |
Filed: 7/5/2000, Entered: 7/5/2000 |
|
|
AMENDED COMPLAINT by County Motors, Inc. , (Answer due 7/24/00 for General Motors Corp. ) amending against Lance, Inc. (Mercurio, A)
|
|
|
| 15 |
Filed: 7/5/2000, Entered: 7/5/2000 |
|
|
(2) NOTICES by County Motors, Inc. to take deposition of Gerard Vachon on 7/14/00 at 2:00 p.m. and Keeper of Records for Lance, Inc., on 7/18/00 at 12:30 p.m. (Mercurio, A)
|
|
|
| 16 |
Filed: 7/6/2000, Entered: 7/6/2000 |
|
|
(2) DEPOSITION SUBPOENAES Returned Subpoena served on Keeper of Records for Lance, Inc. and Gerard Vachon (Mercurio, A)
|
|
|
| 17 |
Filed: 7/6/2000, Entered: 7/6/2000 |
|
|
RETURN OF SERVICE executed as to Lance, Inc. 7/6/00 Answer due on 7/26/00 for Lance, Inc. (Mercurio, A)
|
|
|
| 18 |
Filed: 7/17/2000, Entered: 7/17/2000 |
|
|
ENTRY of appearance for Lance, Inc. by Christopher H. Little (Webb, J)
|
|
|
| 19 |
Filed: 7/17/2000, Entered: 7/17/2000, Terminated: 7/19/2000 |
Motion for Protective Order |
|
MOTION by Lance, Inc. for Protective Order or in the alternative a motion to modify subpoena. (Webb, J)
|
|
|
| 20 |
Filed: 7/19/2000, Entered: 7/19/2000, Terminated: 1/17/2000 |
Motion to Dismiss |
|
MOTION by General Motors Corp. to Dismiss 1ST AMENDED COMPLAINT (Webb, J)
|
|
|
| 21 |
Filed: 7/20/2000, Entered: 7/20/2000, Terminated: 8/9/2000 |
Motion to Amend/Correct |
|
MOTION by County Motors, Inc. to Amend [12-1] Scheduling order extending all deadline by 60 days (Webb, J)
|
|
|
| 22 |
Filed: 7/26/2000, Entered: 7/26/2000, Terminated: 2/7/2001 |
Answer to Complaint |
|
ANSWER by Lance, Inc. (Attorney Christopher H. Little) to amended verified complaint (Mercurio, A)
|
|
|
| 23 |
Filed: 8/1/2000, Entered: 8/1/2000, Terminated: 2/7/2001 |
Response/Reply - Miscellaneous |
|
OBJECTION by County Motors, Inc. to [20-1] motion to Dismiss 1ST AMENDED COMPLAINT (Mercurio, A)
|
|
|
| -- |
Filed: 8/2/2000, Entered: 8/2/2000 |
|
|
Motion(s) referred to Judge: [20-1] motion to Dismiss 1ST AMENDED COMPLAINT (Webb, J)
|
|
|
| -- |
Filed: 8/2/2000, Entered: 8/2/2000 |
|
|
Motion(s) referred to Judge: [21-1] motion to Amend [12-1] Scheduling order (Webb, J)
|
|
|
| -- |
Filed: 8/2/2000, Entered: 8/2/2000 |
|
|
**Set Alternative Dispute Resolution Flag (Webb, J)
|
|
|
| 24 |
Filed: 8/2/2000, Entered: 8/2/2000 |
|
|
|
ORDER transferring case to ADR ( signed by Judge Ernest C. Torres ) (Webb, J)
|
|
|
| 25 |
Filed: 8/4/2000, Entered: 8/4/2000, Terminated: 2/7/2001 |
Response in Support of Motion |
|
RESPONSE by General Motors Corp. in support of [21-1] motion to Amend [12-1] Scheduling order (Mercurio, A)
|
|
|
| -- |
Filed: 8/9/2000, Entered: 8/9/2000 |
|
|
Deadline updated; reset Discovery deadline to 11/15/00 , and reset Pretrial Memorandum Deadline to 1/15/01 (Webb, J)
|
|
|
| 26 |
Filed: 8/9/2000, Entered: 8/9/2000 |
|
|
|
ORDER granting [21-1] motion to Amend [12-1] Scheduling order ( signed by Judge Ernest C. Torres ) (Webb, J)
|
|
|
| 27 |
Filed: 8/9/2000, Entered: 8/10/2000 |
Notice to Take Deposition |
|
NOTICE by County Motors, Inc. to take deposition of Gerard Vachon on 8/30/00 at 10:00 a.m. (Mercurio, A)
|
|
|
| 28 |
Filed: 8/15/2000, Entered: 8/15/2000 |
|
|
|
ORDER referred case to Magistrate Judge David L. Martin for ADR ( signed by Judge Ernest C. Torres ) (Webb, J)
|
|
|
| -- |
Filed: 8/17/2000, Entered: 8/17/2000 |
|
|
Motion(s) referred to Judge: [29-1] motion for Temporary Restraining Order (Webb, J)
|
|
|
| 29 |
Filed: 8/17/2000, Entered: 8/17/2000, Terminated: 10/20/2000 |
Motion for TRO |
|
MOTION by County Motors, Inc. for Temporary Restraining Order (Mercurio, A)
|
|
|
| 30 |
Filed: 8/17/2000, Entered: 8/17/2000 |
|
|
AFFIDAVIT by County Motors, Inc. Re: [29-1] motion for Temporary Restraining Order (Mercurio, A)
|
|
|
| 31 |
Filed: 8/22/2000, Entered: 8/23/2000 |
Notice to Take Deposition |
|
NOTICE by County Motors, Inc. to take deposition of Gerard Vachon on 9/6/00 at 10:00 a.m. (Mercurio, A)
|
|
|
| -- |
Filed: 8/23/2000, Entered: 8/23/2000 |
|
|
Motion hearing re: [29-1] motion for Temporary Restraining Order at 2:00 8/29/00 faxed (Webb, J)
|
|
|
| 32 |
Filed: 8/25/2000, Entered: 8/25/2000, Terminated: 2/7/2001 |
Response/Reply - Miscellaneous |
|
OBJECTION by General Motors Corp. to [29-1] motion for Temporary Restraining Order (Mercurio, A)
|
|
|
| 33 |
Filed: 8/25/2000, Entered: 8/25/2000, Terminated: 2/7/2001 |
Response/Reply - Miscellaneous |
|
OBJECTION by Lance, Inc. to [29-1] motion for Temporary Restraining Order (Mercurio, A)
|
|
|
| -- |
Filed: 8/29/2000, Entered: 8/29/2000 |
|
|
Motion hearing re: [29-1] motion for Temporary Restraining Order Motion hearing held TRO is denied order to be prepared, this matter will be set down for trial on merits in the Month of December (Webb, J)
|
|
|
| 34 |
Filed: 9/1/2000, Entered: 9/1/2000 |
|
|
NOTICE by County Motors, Inc. to take deposition of Peter Prestoy on 9/13/00 at 10:00 a.m. (Mercurio, A)
|
|
|
| 35 |
Filed: 9/5/2000, Entered: 9/5/2000, Terminated: 11/1/2000 |
Motion to Dismiss |
|
MOTION by Lance, Inc. to Dismiss pursuant to FRCP 12(b)(6) , for Summary Judgment (Mercurio, A)
|
|
|
| 36 |
Filed: 9/5/2000, Entered: 9/5/2000 |
|
|
Statement Of Undisputed Fact by Lance, Inc. RE: [35-2] motion for Summary Judgment (Mercurio, A)
|
|
|
| 37 |
Filed: 9/14/2000, Entered: 9/14/2000 |
|
|
ENTRY of appearance for Lance, Inc. by John E. Bulman (Mercurio, A)
|
|
|
| 38 |
Filed: 9/14/2000, Entered: 9/15/2000 |
Terminated: |
|
OBJECTION by County Motors, Inc. to [35-2] motion for Summary Judgment (Mercurio, A)
|
|
|
| 39 |
Filed: 9/14/2000, Entered: 9/15/2000 |
Affidavit |
|
AFFIDAVIT by County Motors, Inc. Re: [38-1] motion response (Mercurio, A)
|
|
|
| 41 |
Filed: 9/14/2000, Entered: 10/17/2000 |
Terminated: |
|
OBJECTION by County Motors, Inc. to [35-1] motion to Dismiss pursuant to FRCP 12(b)(6), [35-2] motion for Summary Judgment (Mercurio, A)
|
|
|
| 43 |
Filed: 9/14/2000, Entered: 10/17/2000 |
Affidavit |
|
AFFIDAVIT by County Motors, Inc. Re: [41-1] motion response (Mercurio, A)
|
|
|
| 40 |
Filed: 9/15/2000, Entered: 9/18/2000, Terminated: 10/17/2000 |
Terminated: |
|
MOTION by County Motors, Inc. to Seal (Mercurio, A)
|
|
|
| -- |
Filed: 9/18/2000, Entered: 9/18/2000 |
|
|
Motion(s) referred to Judge: [40-1] motion to Seal, [35-1] motion to Dismiss pursuant to FRCP 12(b)(6), [35-2] motion for Summary Judgment (Webb, J)
|
|
|
| 44 |
Filed: 10/16/2000, Entered: 10/16/2000 |
|
|
AFFIDAVIT by Lance, Inc. Re: [35-1] motion to Dismiss pursuant to FRCP 12(b)(6), [35-2] motion for Summary Judgment (Mercurio, A) Modified on 10/17/2000
|
|
|
| -- |
Filed: 10/17/2000, Entered: 10/17/2000 |
|
|
Motion hearing re: [35-1] motion to Dismiss pursuant to FRCP 12(b)(6) at 10:00 10/31/00, [35-2] motion for Summary Judgment at 10:00 10/31/00, [20-1] motion to Dismiss 1ST AMENDED COMPLAINT at 10:00 10/31/00 (Webb, J)
|
|
|
| 45 |
Filed: 10/17/2000, Entered: 10/17/2000 |
|
|
|
ORDER denying [40-1] motion to Seal ( signed by Judge Ernest C. Torres ) denied as superfluous as memoranda are only filed w/ judge and are not contained in court file (Mercurio, A) Modified on 10/17/2000
|
|
|
| 42 |
Filed: 10/18/2000, Entered: 10/18/2000 |
|
|
SEALED DOCUMENT placed in vault (Statement of Undisputed Facts) (Mercurio, A)
|
|
|
| 46 |
Filed: 10/20/2000, Entered: 10/23/2000 |
Order |
|
|
ORDER denying [29-1] motion for Temporary Restraining Order and setting this matter on the December 2000( signed by Judge Ernest C. Torres ) (Webb, J) Modified on 10/23/2000
|
|
|
| -- |
Filed: 10/31/2000, Entered: 10/31/2000 |
|
|
Motion hearing re: [35-1] motion to Dismiss pursuant to FRCP 12(b)(6) Motion hearing held, [35-2] motion for Summary Judgment Motion hearing held, [20-1] motion to Dismiss 1ST AMENDED COMPLAINT Motion hearing held before J. Torres. Ptf: Robert C. Corrente and Christopher Bush; Dfts: James C. McGrath, Christopher H. Little and Gerald C. DeMaria. McGrath argues for General Motors; Corrente for County Motors; and Little for Lance. Court grants Lance's M/Dismiss or in the alterative M/ Summary Judgment, however, Lance will remain a party to the case but is not required to participate. General Motors' Motion to Dismiss is taken under advisement and either a written or bench decision will be issued w/in 1 to 2 weeks. (Mercurio, A)
|
|
|
| 47 |
Filed: 10/31/2000, Entered: 10/31/2000 |
|
|
Minute entry: Hearing on GM's M/Dismiss and Lance's M/Dismiss or in the alternative M/Summary Judgment before J. Torres (Mercurio, A)
|
|
|
| 48 |
Filed: 11/1/2000, Entered: 11/1/2000 |
|
|
|
ORDER granting [35-1] motion to Dismiss pursuant to FRCP 12(b)(6), granting [35-2] motion for Summary Judgment ( signed by Judge Ernest C. Torres ) (Mercurio, A)
|
|
|
| 49 |
Filed: 11/28/2000, Entered: 11/29/2000 |
Terminated: |
|
JOINT MOTION by County Motors, Inc., General Motors Corp. to Continue Trial Date (Mercurio, A)
|
|
|
| -- |
Filed: 12/6/2000, Entered: 12/6/2000 |
|
|
trial notice mail for jury selection 1/3/01 (Webb, J)
|
|
|
| -- |
Filed: 12/13/2000, Entered: 12/13/2000 |
|
|
Tele-conference set at 9:45 12/18/00 Before Judge Ernest C. Torres (Webb, J)
|
|
|
| -- |
Filed: 12/13/2000, Entered: 12/13/2000 |
|
|
Motion(s) referred to Judge: [51-1] motion to Accelerate Time for Parties to Serve Responses to Lance's Motion for Leave to Serve Crossclaims Against General Motors, [50-1] motion for Leave to Serve Crossclaim on General Motors, [50-2] motion to Bifurcate Trial on Crossclaims (Mercurio, A)
|
|
|
| 50 |
Filed: 12/13/2000, Entered: 12/13/2000, Terminated: 12/21/2000 |
Motion for Leave to File |
|
MOTION by Lance, Inc. for Leave to Serve Crossclaim on General Motors , to Bifurcate Trial on Crossclaims (Mercurio, A)
|
|
|
| 51 |
Filed: 12/13/2000, Entered: 12/13/2000, Terminated: 2/7/2001 |
Motion to Expedite |
|
MOTION by Lance, Inc. to Accelerate Time for Parties to Serve Responses to Lance's Motion for Leave to Serve Crossclaims Against General Motors (Mercurio, A)
|
|
|
| -- |
Filed: 12/18/2000, Entered: 12/19/2000 |
Telephone Conference |
|
Tele-conference held matter will proceed to trial with jury selection to be January 3rd 2001. (Webb, J)
|
|
|
| 52 |
Filed: 12/21/2000, Entered: 12/22/2000 |
Order |
|
|
ORDER granting [50-1] motion for Leave to Serve Crossclaim on General Motors, granting [50-2] motion to Bifurcate Trial on Crossclaims ( signed by Judge Ernest C. Torres ) (Mercurio, A)
|
|
|
| 53 |
Filed: 12/22/2000, Entered: 12/22/2000 |
|
|
CROSSCLAIM by Lance, Inc. against General Motors Corp. (Mercurio, A)
|
|
|
| -- |
Filed: 1/3/2001, Entered: 1/3/2001 |
|
|
Status conference held this matter will be set down for the week of January 29th (Webb, J)
|
|
|
| -- |
Filed: 1/3/2001, Entered: 1/3/2001 |
|
|
Jury impaneled. Crt. Reporter (Allied Court Reporting -Liz). Pltf; Robert Corrente and Christopher Bush; Daniel Goldberg for General Motors; Christopher Little for Lance. 14 prospective jurors chosen. Court conducts voir dire. Counsel exercise challeges. 8 jurors selected and given code-a-phone for 1/12/01. (Barletta, B)
|
|
|
| -- |
Filed: 1/17/2001, Entered: 1/17/2001 |
|
|
Supplement to PRETRIAL MEMORANDUM by Lance to chambrs (Webb, J)
|
|
|
| -- |
Filed: 1/24/2001, Entered: 1/24/2001 |
|
|
Ptf.'s Supplemental Pre-trial Memorandum forwarded to chambers (Mercurio, A)
|
|
|
| 56 |
Filed: 1/25/2001, Entered: 1/25/2001, Terminated: 2/7/2001 |
Answer to Complaint |
|
ANSWER by General Motors Corp. (Attorneys Gerald C. DeMaria; James C. McGrath; and Daniel L. Goldberg) to amended verified complaint and injunctive relief (Mercurio, A)
|
|
|
| -- |
Filed: 1/29/2001, Entered: 1/30/2001 |
Jury Trial - Held |
|
Jury trial held (DAY 1): Ptf: Robert Clark Corrente; Defts: Gerald C. DeMaria; Daniel L. Goldberg; and James McGrath for GM and Christopher H. Little for Lance. Ct. Rptr. - Judith Montie in a.m. and Jane Callaghan in p.m. Counsel address 5 of the following pending motions before the Court. 1) GM's question of appropriateness of a jury trial; 2) GM's Motion to strike claim for punitive damages; 3) GM's Motion to preclude ptf's expert testimony; 4) GM's objection to ptf's Exhibit List; and 5) GM's Motion to exclude deposition designations and evidence re: settlement discussions. The Court finds the following: 1) first motion has no merit and is not timely; 2) GM's Motion to Strike is also not timely; 3) GM's Motion to preclude ptf's expert testimony - expert testimony will be allowed, but not as to future damages if the relocation is allowed.; 4) Counsel will make their objections to exhibits as they are introduced; 5) GM's Motion in Limine is denied w/out prejudice. Jury is brought in and sworn. Counsel present opening statements. One witness is sworn and 26 exhibits admitted into evidence. Lance requests that certain of GM's exhibits be admitted under seal. All exhibits listed on stipulation provided to Court are admitted as full exhibits and are placed under seal. (Mercurio, A) Modified on 02/02/2001
|
|
|
| -- |
Filed: 1/29/2001, Entered: 2/2/2001 |
Oral Order |
|
ORAL ORDER as to General Motors Corp. denying [60-1] motion in Limine to Exclude County Motor's Deposition Designations and Any Evidence Concerning Settlement Discussions, without prejudice ( Entered by Judge Ernest C. Torres ) (Mercurio, A)
|
|
|
| 57 |
Filed: 1/29/2001, Entered: 1/29/2001, Terminated: 2/7/2001 |
Motion in Limine |
|
MOTION by General Motors Corp. to Preclude, or for a Rule 104 Hearing to Preclude Expert Testimony of Dr. Ernest H. Manuel (Mercurio, A)
|
|
|
| 58 |
Filed: 1/29/2001, Entered: 1/29/2001, Terminated: 2/7/2001 |
Motion to Strike |
|
MOTION by General Motors Corp. to Strike claim for punitive damages by County Motors , to Bifurcate punitive damages phase of trial (Mercurio, A) Modified on 02/07/2001
|
|
|
| 59 |
Filed: 1/29/2001, Entered: 1/29/2001 |
|
|
|
MEMORANDUM and ORDER Gm's motion to dismiss is granted as to counts I and II and denied as to count III ( signed by Judge Ernest C. Torres ) (Webb, J)
|
|
|
| 60 |
Filed: 1/29/2001, Entered: 1/29/2001, Terminated: 1/29/2001 |
Motion in Limine |
|
MOTION by General Motors Corp. in Limine to Exclude County Motor's Deposition Designations and Any Evidence Concerning Settlement Discussions (Mercurio, A)
|
|
|
| 61 |
Filed: 1/29/2001, Entered: 1/29/2001, Terminated: 2/7/2001 |
Response/Reply - Miscellaneous |
|
OBJECTION by General Motors Corp. to County Motor's Exhibits List (Mercurio, A)
|
|
|
| 62 |
Filed: 1/29/2001, Entered: 1/29/2001, Terminated: 2/7/2001 |
Motion in Limine |
|
MOTION by County Motors, Inc. to Exclude Expert Testimony of Sharif Farhat and Victor Nelawake (Mercurio, A)
|
|
|
| 63 |
Filed: 1/29/2001, Entered: 1/30/2001 |
Sealed Document |
|
SEALED DOCUMENTS placed in vault (per Stipulation and by Order of the Court, certain GM trial exhibits placed under seal) (Mercurio, A)
|
|
|
| -- |
Filed: 1/30/2001, Entered: 1/31/2001 |
Settlement Conference |
|
Settlement conference set on 10:30 1/31/01 Before Judge Ernest C. Torres (Mercurio, A)
|
|
|
| -- |
Filed: 1/30/2001, Entered: 1/31/2001 |
Jury Trial - Held |
|
Jury trial held (DAY 2): All counsel are present. Ct. Rptr. Judith Montie in a.m. and Mary Guglietti in p.m. One witness is sworn and 18 exhibits are admitted into evidence. Issue arises regarding GM's enumerated exhibits in Stipulation that were placed under seal yesterday. GM's Exhibits II1, II2, II8, JJ1 and JJ2 that are mentioned in the Stipulation do not exist and therefore, were never placed under seal. Jury is instructed by the Court not to report for jury duty tomorrow and that the trial will resume on Thursday, February 1, 2001. (Mercurio, A)
|
|
|
| -- |
Filed: 1/31/2001, Entered: 1/31/2001 |
|
|
Settlement conference held before J. Torres (Mercurio, A)
|
|
|
| -- |
Filed: 1/31/2001, Entered: 1/31/2001 |
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Motion hearing re: [60-1] motion in Limine to Exclude County Motor's Deposition Designations and Any Evidence Concerning Settlement Discussions at 1/31/01 (Mercurio, A)
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| -- |
Filed: 1/31/2001, Entered: 2/1/2001 |
Minutes - Miscellaneous |
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BENCH DECISION re: [0-0] motion hearing 9:00 2/1/01 before Judge Ernest C. Torres (Mercurio, A)
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| -- |
Filed: 1/31/2001, Entered: 2/1/2001 |
Motion Hearing |
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Motion hearing re: [60-1] motion in Limine to Exclude County Motor's Deposition Designations and Any Evidence Concerning Settlement Discussions Motion hearing held before J. Torres. Ptf: Robert Clark Corrente; Defts: Gerald C. DeMaria; Daniel L. Goldberg; James McGrath and Christopher H. Little. Ptf. argues objection to exclusion of evidence. Two witnesses are sworn and one exhibit is marked for purposes of this hearing and four exhibits are marked for i.d. for the trial. Deft. argues Motion. Counsel present closing arguments. Court will render a decision tomorrow a.m. at 9:00. (Mercurio, A)
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| 64 |
Filed: 1/31/2001, Entered: 1/31/2001 |
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(3) TRANSCRIPTS OF Jury Trial for dates of 1/29/01 and 1/30/01 (Mercurio, A)
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| -- |
Filed: 2/1/2001, Entered: 2/1/2001 |
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BENCH DECISION re: [0-0] motion hearing Hearing held before Judge Ernest C. Torres. Ptf: Robert Clark Corrente; Defts: Gerald C. DeMaria; Daniel L. Goldberg; James McGrath and Christopher H. Little. There was a preliminary hearing yesterday on the admissibility of Ptf.'s Exhibits 31 and 32 marked for i.d. and certain deposition testimony dealing w/ those exhibits. Court finds the documents are inadmissible for several reasons and recites those reasons. GM's M/Limine is GRANTED. (Mercurio, A) Modified on 02/01/2001
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| -- |
Filed: 2/1/2001, Entered: 2/5/2001 |
Jury Trial - Held |
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Jury trial held (DAY 3): All counsel are present. Ct. Rptr. Judith Montie in a.m. and Mary Guglietti in p.m. One witness is sworn and 11 exhibits are admitted into evidence. Jury is read a cautionary instruction re: bad faith prepared by GM and revised by the Court. Trial will resume on 2/5/01 (Mercurio, A)
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| 65 |
Filed: 2/1/2001, Entered: 2/1/2001 |
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Minute entry: GM's Motion in Limine hearing held before J. Torres on 1/31/01 (Mercurio, A) Modified on 02/01/2001
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| 66 |
Filed: 2/1/2001, Entered: 2/1/2001 |
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Minute entry: Bench Decision held before J. Torres on GM's Motion in Limine (Mercurio, A)
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| -- |
Filed: 2/5/2001, Entered: 2/6/2001 |
Jury Trial - Held |
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Jury trial held (DAY 4): All counsel are present. Ct. Rptr. Judith Montie. Two witnesses are sworn and 2 exhibits are admitted into evidence. (Mercurio, A)
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| 67 |
Filed: 2/5/2001, Entered: 2/5/2001, Terminated: 2/7/2001 |
Response/Reply - Miscellaneous |
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OBJECTION by General Motors Corp. to [62-1] motion to Exclude Expert Testimony of Sharif Farhat and Victor Nelawake (Mercurio, A)
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| -- |
Filed: 2/6/2001, Entered: 2/7/2001 |
Jury Trial - Held |
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Jury trial held (DAY 5): All counsel are present. Ct. Rptr. Judith Montie in a.m. and Jane Callaghan in p.m. One witness is sworn and 6 exhibits are admitted into evidence. Ptf. rests. Deft. GM moves for judgment as a matter of law w/ regard to punitive damages and bad faith issue. After hearing oral arguments by both parties, Court grants GM's motion for judgment as a matter of law on the punitive damages part and will render a decision w/ regard to injunctive relief tomorrow at 10:00 a.m. (Mercurio, A) Modified on 02/07/2001
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| -- |
Filed: 2/6/2001, Entered: 2/7/2001 |
Minutes - Miscellaneous |
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BENCH DECISION Civil Hearing re: [68-1] motion for Judgment as a Matter of Law 10:30 2/7/01 before Judge Ernest C. Torres (Mercurio, A)
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| 68 |
Filed: 2/6/2001, Entered: 2/6/2001, Terminated: 2/7/2001 |
Motion for Judgment as a Matter of Law |
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MOTION by General Motors Corp. for Judgment as a Matter of Law (Mercurio, A)
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| -- |
Filed: 2/7/2001, Entered: 2/7/2001 |
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BENCH DECISION Civil Hearing re: [0-0] hearing before Judge Ernest C. Torres. Ptf: Robert Clark Corrente; Defts: Gerald C. DeMaria; Daniel L. Goldberg; James McGrath and Christopher H. Little. The Court concluded yesterday that the evidence was insufficient for the jury to decide an award for punitive damages and granted GM's Motion for Judgment as a matter of law w/ regard to punitive damages. The Court recites the elements pltf. needs to prove for injunctive relief. The Court grants GM's Motion for Judgment as a matter of law w/ regard to injunctive relief. (Mercurio, A)
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| -- |
Filed: 2/7/2001, Entered: 2/7/2001 |
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Case closed (Mercurio, A)
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| 69 |
Filed: 2/7/2001, Entered: 2/7/2001 |
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Minute entry: Jury trial held before J. Torres 1/29/01 through 2/6/01 (Mercurio, A)
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| 70 |
Filed: 2/7/2001, Entered: 2/7/2001 |
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Minute entry: Bench Decision held before J. Torres re: GM's Motion for Judgment as a Matter of Law (Mercurio, A)
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| 71 |
Filed: 2/7/2001, Entered: 2/7/2001 |
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JUDGMENT for General Motors Corp., Lance, Inc. against County Motors, Inc. () (Mercurio, A)
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| 72 |
Filed: 2/7/2001, Entered: 2/7/2001 |
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ORDER granting [68-1] motion for Judgment as a Matter of Law ( signed by Judge Ernest C. Torres ) (Mercurio, A)
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| 73 |
Filed: 2/14/2001, Entered: 2/15/2001 |
Terminated: |
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NOTICE OF APPEAL by County Motors, Inc. . Appeal record due on 3/16/01 (Mercurio, A)
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| -- |
Filed: 2/15/2001, Entered: 2/15/2001, Terminated: 3/7/2002 |
Appeal Record Sent to USCA |
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Certified and transmitted record on appeal to U.S. Court of Appeals: [73-1] appeal; sent 2 original file folders; 3 transcripts (#64); certified docket (Mercurio, A) Modified on 02/15/2001
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| 74 |
Filed: 2/15/2001, Entered: 2/15/2001 |
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CERTIFICATE of Clerk (Mercurio, A)
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| -- |
Filed: 2/22/2001, Entered: 2/22/2001, Terminated: 3/7/2002 |
USCA Case Number |
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USCA Case Number Re: [73-1] appeal USCA Number: 01-1258 (Mercurio, A)
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| 75 |
Filed: 2/22/2001, Entered: 2/22/2001, Terminated: 3/7/2002 |
USCA Notice of Docketing ROA |
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NOTICE of Docketing ROA from USCA Re: [73-1] appeal USCA Number: 01-1258 (Mercurio, A)
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| 76 |
Filed: 2/22/2001, Entered: 2/22/2001 |
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Bill of costs (Mercurio, A)
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| 77 |
Filed: 2/22/2001, Entered: 2/22/2001 |
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ITEMIZED STATEMENT in Support of General Motors Corporations's Bill of Costs (Mercurio, A)
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| 78 |
Filed: 2/22/2001, Entered: 2/22/2001 |
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AFFIDAVIT by General Motors Corp. Re: [76-1] (Mercurio, A)
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| 79 |
Filed: 3/1/2001, Entered: 3/2/2001 |
Terminated: |
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RESPONSE by County Motors, Inc. in opposition to [76-1] (Mercurio, A)
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| -- |
Filed: 3/8/2001, Entered: 3/8/2001 |
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Motion(s) referred to Judge: Bill of costs with objection (Webb, J)
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| 80 |
Filed: 3/13/2001, Entered: 3/13/2001 |
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TRANSCRIPT OF Bench Decision for dates of 2/4/01 (Mercurio, A)
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| 81 |
Filed: 3/15/2001, Entered: 3/15/2001 |
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Transmitted supplemental record on appeal: [73-1] appeal by County Motors, Inc.; sent Transcript of 2/4/01 (#80) (Mercurio, A)
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| 82 |
Filed: 3/22/2001, Entered: 3/28/2001 |
Order |
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ORDER Directing GM to repsond to the objection to Fee Application by 4/10/01( signed by Judge Ernest C. Torres ) (Webb, J)
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| 84 |
Filed: 4/2/2001, Entered: 4/10/2001 |
Remark |
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ITEMIZED STATEMENT in support of GM's Supplemental Bill of Costs (Mercurio, A)
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| 85 |
Filed: 4/2/2001, Entered: 4/10/2001 |
Bill of Costs |
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SUPPLEMENTAL Bill of costs by General Motors (Mercurio, A)
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| -- |
Filed: 4/5/2001, Entered: 4/5/2001, Terminated: 3/7/2002 |
USCA Appeal Fees |
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USCA appeal fees received $ 105.00 (Mercurio, A)
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| 83 |
Filed: 4/6/2001, Entered: 4/6/2001 |
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Transmitted supplemental record on appeal: [73-1] appeal by County Motors, Inc.; sent certified docket and receipt for payment of appeal fee (Mercurio, A)
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| 86 |
Filed: 4/9/2001, Entered: 4/10/2001 |
Terminated: |
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RESPONSE by County Motors, Inc. in opposition to [85-1] (Mercurio, A)
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| -- |
Filed: 4/16/2001, Entered: 4/16/2001 |
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response to County Motors Objection to GM's bill of cost to chambers (Webb, J)
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| 87 |
Filed: 4/16/2001, Entered: 4/16/2001, Terminated: 3/7/2002 |
Response in Opposition to Motion |
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RESPONSE by General Motors Corp. in opposition to [86-1] opposition response (Mercurio, A)
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| 88 |
Filed: 4/17/2001, Entered: 4/17/2001 |
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(6) TRANSCRIPTS OF Jury Trial for dates of 1/29/01; 1/30/01; 2/1/01; 2/5/01; 2/6/01; and 2/7/01 (Mercurio, A)
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| 89 |
Filed: 4/17/2001, Entered: 4/17/2001 |
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Transmitted supplemental record on appeal: [73-1] appeal by County Motors, Inc.; sent certified docket and 6 transcripts (#88) (Mercurio, A)
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| -- |
Filed: 4/20/2001, Entered: 4/20/2001 |
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Supplmental Record of 4/17/01 received by the 1st Circuit (#89) (Mercurio, A)
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| 90 |
Filed: 4/23/2001, Entered: 4/23/2001 |
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TRANSCRIPT OF hearing for date of 1/31/01 (Mercurio, A)
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| 91 |
Filed: 4/23/2001, Entered: 4/23/2001 |
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Transmitted supplemental record on appeal: [73-1] appeal by County Motors, Inc.; sent certified docket and Transcript (#90) (Mercurio, A)
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| -- |
Filed: 4/27/2001, Entered: 4/27/2001 |
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Supplemental Record of 4/23/01 received by USCA (Mercurio, A)
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| 92 |
Filed: 5/14/2001, Entered: 5/15/2001 |
Transcript |
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TRANSCRIPT OF Trial for dates of 2/6/01 (Mercurio, A)
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| 93 |
Filed: 5/16/2001, Entered: 5/16/2001 |
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Transmitted supplemental record on appeal: [73-1] appeal by County Motors, Inc.; sent one transcript (#92) and certified docket (Mercurio, A)
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| -- |
Filed: 6/18/2001, Entered: 6/18/2001 |
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Civil Hearing re: [85-1] before Judge Ernest C. Torres. Ptf: Robert Clark Corrente and Defs: Gerald C. DeMaria and James McGrath. Motion hearing re: GM's supplemental motion for bill of costs. Corrente argues for County Motors and McGrath argues for GM. After hearing arguments by counsel, Court denies GM's Motion for taxation of costs except for one half of costs for expert witness fee for Arthur Dries. (Mercurio, A)
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| 94 |
Filed: 6/18/2001, Entered: 6/18/2001 |
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Minute entry: GM's Motin for Supplemental Bill of Costs held before J. Torres. (Mercurio, A)
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| 95 |
Filed: 6/28/2001, Entered: 6/29/2001 |
Order |
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ORDER Allowing in Part and Disallowing in part General Motors' Bill of Costs ( signed by Judge Ernest C. Torres ) (FarrellPletcher, P)
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| 96 |
Filed: 7/20/2001, Entered: 7/23/2001 |
Transcript |
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TRANSCRIPT OF Motions for dates of 10/31/00 (Mercurio, A)
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| 97 |
Filed: 7/23/2001, Entered: 7/23/2001 |
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Transmitted supplemental record on appeal: [73-1] appeal by County Motors, Inc.; sent 1 transcript (#96) and certified docket (Mercurio, A)
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| 98 |
Filed: 2/4/2002, Entered: 2/5/2002 |
USCA Order |
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SLIP OPINION from USCA - judgment is vacated, and the case is remanded with direction to dismiss the complaint as moot (Mercurio, A)
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| 99 |
Filed: 2/25/2002, Entered: 2/26/2002 |
USCA Mandate |
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MANDATE OF USCA (certified copy) Re: [73-1] appeal by County Motors, Inc. judgment vacated and case is remanded to district court with direction to dismiss complaint as moot (Mercurio, A)
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| -- |
Filed: 2/26/2002, Entered: 2/26/2002, Terminated: 3/7/2002 |
Appeal Record Returned |
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Record on appeal returned from U.S. Court of Appeals: [73-1] appeal by County Motors, Inc. (Mercurio, A)
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| -- |
Filed: 3/7/2002, Entered: 3/12/2002 |
Terminated Case |
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Case closed (Mercurio, A)
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| 100 |
Filed: 3/7/2002, Entered: 3/7/2002 |
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ORDER - pursuant to judgment of U.S. Court of Appeals for First Circuit, entered 2/1/02 remanding to this Court with directions to dismiss as moot, it is ordered that this case is dismissed as moot. ( signed by Judge Ernest C. Torres) (mailed to counsel of record) (Mercurio, A) Modified on 03/07/2002
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| 101 |
Filed: 7/15/2002, Entered: 7/15/2002 |
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Defendant's Return Receipt for Exhibits (Mercurio, A)
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| -- |
Filed: 7/22/2002, Entered: 7/22/2002 |
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Plaintiff's exhibits destroyed pursuant to letter of 7/2/02 sent to plaintiff (Mercurio, A)
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