Colorado District Court, Case No. 1:01-cv-02315-LTB-CBS:
Sender v. Mann, et al
Judge Lewis T. Babcock, presiding

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No Logo Harvey Sender, Plaintiff

Theodore James Hartl
Lindquist & Vennum, PLLP
Phone: +1 303 573 5900
Fax: +1 303 573 1956
E-Mail: thartl@lindquist.com

John C. Smiley
Lindquist & Vennum, PLLP
Phone: +1 303 454 0508
Fax: +1 303 573 1956
E-Mail: jsmiley@lindquist.com

No Logo Harvey Sender, Cross Defendant

John C. Smiley
Lindquist & Vennum, PLLP
Phone: +1 303 454 0508
Fax: +1 303 573 1956
E-Mail: jsmiley@lindquist.com

Theodore James Hartl
Lindquist & Vennum, PLLP
Phone: +1 303 573 5900
Fax: +1 303 573 1956
E-Mail: thartl@lindquist.com

John C. Smiley
Lindquist & Vennum, PLLP
Phone: +1 303 454 0508
Fax: +1 303 573 1956
E-Mail: jsmiley@lindquist.com

Theodore James Hartl
Lindquist & Vennum, PLLP
Phone: +1 303 573 5900
Fax: +1 303 573 1956
E-Mail: thartl@lindquist.com

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Office Denver
Filed 11/30/2001
Jury Demand Both
Demand $0
Nature of Suit 470 - Racketeer/Corrupt Organization
Cause Section 18 U.S.C. § 1961 Racketeering (RICO) Act
Jurisdiction Federal Question
Disposition Dismissed - Other
County Denver
Terminated 9/13/2006
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flags NDISPO, TERMED
 -- Filed: 11/30/2001, Entered: 12/3/2001 Filing Fee Received
FILING FEE PAID: on 11/30/01 in the amount of $ 150.00, receipt # 230755. (gms)
 1 Filed: 11/30/2001, Entered: 12/3/2001 Complaint
COMPLAINT (Summons(es) issued); jury demand (gms)
 2 Filed: 12/7/2001, Entered: 12/10/2001, Terminated: 9/17/2002 Amended Complaint
AMENDED COMPLAINT [1-1] by plaintiff Harvey Sender; jury demand (former empl)
 3 Filed: 12/10/2001, Entered: 12/11/2001 Notice (Other)
NOTICE by plaintiff Harvey Sender of related cases (dlb)
 4 Filed: 12/10/2001, Entered: 12/11/2001 Certificate
CERTIFICATE of Review by plaintiff Harvey Sender (dlb)
 5 Filed: 12/24/2001, Entered: 12/24/2001 Waiver of Service Executed
WAIVER OF SERVICE of Summons and Complaint by Daniel N. Brodersen for defendant William Wells II, defendant Wm & Elaine Wells on 12/21/01 (former empl)
 6 Filed: 12/31/2001, Entered: 12/31/2001 Notice of Entry of Appearance
ATTORNEY APPEARANCE for defendant James R. Leone by himself, James R. Leone, pro hac vice (dlb)
 7 Filed: 12/31/2001, Entered: 12/31/2001, Terminated: 12/31/2001 Motion for Extension of Time to File Answer
MOTION by defendant James R. Leone to extend time to answer to 1/31/02 (dlb)
 8 Filed: 12/31/2001, Entered: 12/31/2001, Terminated: 1/2/2002 Motion for Extension of Time to File Answer
AMENDED MOTION by defendant James R. Leone to extend time to answer regarding motion to extend time to answer to 1/31/02 [7-1] (dlb)
 9 Filed: 1/2/2002, Entered: 1/3/2002 Order Court Filing
MINUTE ORDER : by Chief Judge Lewis T. Babcock granting amended motion to extend time to answer to and including 1/31/02 [8-1], denying motion to extend time to answer to 1/31/02 [7-1] (cc: all counsel) ; entry date : 1/3/02 (pap)
 10 Filed: 1/2/2002, Entered: 1/3/2002, Terminated: 1/3/2002 Motion for Extension of Time to File Answer
MOTION by defendant Merkle & Magri to extend time to answer to 1/31/02 (dlb)
 11 Filed: 1/2/2002, Entered: 1/3/2002, Terminated: 1/3/2002 Motion for Extension of Time to File Answer
MOTION by dfts, Darwin J. Poyfair, Michael Sabian, Freeborn & Peters to extend time to answer to 1/31/02 (dlb)
 12 Filed: 1/3/2002, Entered: 1/4/2002 Supplement/Amendment
SUPPLEMENTal certificate of service by dfts Freeborn & Peters, Michael Sabian, Darwin J. Poyfair to their unopposed motion to extend time to answer to 1/31/02 [11-1] (pap)
 13 Filed: 1/3/2002, Entered: 1/4/2002 Order Court Filing
ORDER by Chief Judge Lewis T. Babcock granting motion to extend time to answer to 1/31/02 [11-1] (cc: all counsel) ; entry date : 1/4/02 (pap)
 14 Filed: 1/3/2002, Entered: 1/4/2002 Order Court Filing
MINUTE ORDER : by Chief Judge Lewis T. Babcock granting motion to extend time to answer to 1/31/02 [10-1] (cc: all counsel) ; entry date : 1/4/02 (pap)
 15 Filed: 1/8/2002, Entered: 1/9/2002 Waiver of Service Executed
WAIVER OF SERVICE of Summons and Complaint by defendant William P. Weatherford, defendant Marlowe Appleton on 12/13/01 (dlb)
 16 Filed: 1/8/2002, Entered: 1/9/2002 Summons Returned Executed
RETURN OF SERVICE of Summons and Complaint upon defendant Merkle & Magri on 12/14/01 (dlb)
 17 Filed: 1/8/2002, Entered: 1/9/2002 Summons Returned Executed
RETURN OF SERVICE of Summons and Complaint upon defendant William Jeffrey Mann on 12/17/01 (dlb)
 18 Filed: 1/8/2002, Entered: 1/9/2002 Summons Returned Executed
RETURN OF SERVICE of Summons and Complaint upon defendant Freeborn & Peters on 12/12/01 (dlb)
 19 Filed: 1/24/2002, Entered: 1/24/2002, Terminated: 9/3/2002 Motion to Dismiss
MOTION by dfts, William Wells II, Wm & Elaine Wells to dismiss amd comp and Memo of Law in support thereof (dlb)
 20 Filed: 1/24/2002, Entered: 1/25/2002 Order Court Filing
MINUTE ORDER : by Chief Judge Lewis T. Babcock regarding [19-1] "Wells" dfts' motion to dismiss amd comp: pltf response due 2/13/02 and any dfts reply due 10 days after that (cc: all counsel) ; entry date : 1/25/02 (former empl)
 21 Filed: 1/31/2002, Entered: 2/1/2002, Terminated: 2/1/2002 Motion for Extension of Time to File Answer
Unopposed MOTION by defendant Freeborn & Peters, defendant Michael Sabian, defendant Darwin J. Poyfair to second extension to 2/6/02 of time to answer (former empl)
 22 Filed: 1/31/2002, Entered: 2/1/2002, Terminated: 9/6/2002 Motion to Dismiss
MOTION AND MEMORNDUM OF LAW IN SUPPORT by defendant Merkle & Magri to dismiss , and to strike (former empl)
 23 Filed: 2/1/2002, Entered: 2/1/2002, Terminated: 9/17/2002 Motion to Dismiss
MOTION TO DISMISS AMENDED COMPLAINT AND MEMORANDUM OF LAW IN SUPPORT pro se by defendant James R. Leone, P.A., defendant James R. Leone to dismiss (former empl) Modified on 02/01/2002
 24 Filed: 2/1/2002, Entered: 2/1/2002 Affidavit
AFFIDAVIT of James R. Leone re: motion to dismiss [23-1] (former empl)
 25 Filed: 2/1/2002, Entered: 2/4/2002 Order Court Filing
MINUTE ORDER : by Chief Judge Lewis T. Babcock granting motion to second extension to 2/6/02 of time to answer [21-1] (cc: all counsel) ; entry date : 2/4/02 (former empl)
 26 Filed: 2/1/2002, Entered: 2/4/2002 Order Court Filing
MINUTE ORDER : by Chief Judge Lewis T. Babcock regarding [23-1] motion to dismiss: pltfs response due 2/20/02 and Leone's reply 10 days after (cc: all counsel) ; entry date : 2/4/02 (former empl)
 27 Filed: 2/6/2002, Entered: 2/7/2002, Terminated: 9/16/2002 Motion to Dismiss
MOTION by defts Freeborn & Peters, Michael Sabian, and Darwin J. Poyfair to dismiss certain claims of amended complaint [pursuant to Rules 9(b) and 12(b)(6) (former empl)
 28 Filed: 2/6/2002, Entered: 2/7/2002 Answer to Complaint
ANSWER by defts Freeborn & Peters, Michael Sabian, and Darwin J. Poyfair to amended complaint [2-1]; jury demand (former empl)
 29 Filed: 2/7/2002, Entered: 2/8/2002, Terminated: 9/5/2002 Motion to Dismiss
MOTION by William P. Weatherford, Marlowe Appleton to dismiss pla's amended complaint (dlb)
 30 Filed: 2/8/2002, Entered: 2/11/2002 Order Court Filing
MINUTE ORDER : by Chief Judge Lewis T. Babcock pltfs' response due 3/8/02 and any dfts reply due 20 days after that, regarding [29-1] "Weatherford" motion to dismiss pla's amended complaint (cc: all counsel) ; entry date : 2/11/02 (former empl)
 31 Filed: 2/11/2002, Entered: 2/12/2002 Motion for More Definite Statement
MOTION WITH MEMORANDUM OF LAW by defendant James R. Leone, P.A., defendant James R. Leone for more definite statement (former empl)
 32 Filed: 2/11/2002, Entered: 2/12/2002 Affidavit
AFFIDAVIT of James R. Leone (corrects typographical erros and adds paragraphs 6 and following) re: motion to dismiss [23-1] (former empl)
 33 Filed: 2/11/2002, Entered: 2/12/2002 Motion to Dismiss/Lack of Jurisdiction
MOTION WITH MEMORANDUM OF LAW by defendant James R. Leone, P.A., defendant James R. Leone to dismiss for lack of jurisdiction due to bankruptcies by dfts Leone (former empl)
 34 Filed: 2/11/2002, Entered: 2/12/2002 Motion to Dismiss
MOTION WITH MEMORANDUM OF LAW by defendant James R. Leone, P.A., defendant James R. Leone to dismiss for failure to join persons needed for just adjudication, faiulre to state a cause of action, and other grounds (former empl)
 37 Filed: 2/12/2002, Entered: 2/15/2002 Order Court Filing
MINUTE ORDER : by Chief Judge Lewis T. Babcock regarding [23-1] motion to dismiss amended complaint: pltfs have until 3/13/02 to respond and dfdts have 20 days to reply (cc: all counsel) ; entry date : 2/15/02 (former empl)
 38 Filed: 2/12/2002, Entered: 2/15/2002 Order Court Filing
MINUTE ORDER : by Chief Judge Lewis T. Babcock regarding [34-1] motion to dismiss for failure to join persons needed for just adjudication, failure to state a cause of action, and other grounds: pltfs have until 3/14/02 to respond and dfts then have 20 days to reply (cc: all counsel) ; entry date : 2/15/02 (former empl)
 39 Filed: 2/12/2002, Entered: 2/15/2002 Order Court Filing
MINUTE ORDER : by Chief Judge Lewis T. Babcock regarding [31-1] motion for more definite statement (or dismissal): pltfs have until 3/13/02 to respond and dfts have 20 days to reply (cc: all counsel) ; entry date : 2/15/02 (former empl)
 35 Filed: 2/13/2002, Entered: 2/15/2002 Summons Returned Executed Court Filing
RETURN OF SERVICE of Summons and Amended Complaint and instructions re notice of availability of US Magistrate Judge to exercise jurisdiction purusant to 28 US 636(c)...Local Rule 72.6; upon Fern Sabian personally as wife to deft at the usual place of abode defendant Michael Sabian on 12/12/01 (former empl)
 36 Filed: 2/13/2002, Entered: 2/15/2002 Waiver of Service Executed
WAIVER OF SERVICE of Summons and Complaint by Daniel N. Brodersen for defendant William Wells II, defendant Wm & Elaine Wells on 12/27/01 (former empl)
 40 Filed: 2/13/2002, Entered: 2/15/2002 Brief in Opposition to Motion
MEMORANDUM (BRIEF) by plaintiff Harvey Sender in opposition to motion to dismiss amd comp [19-1] (former empl)
 41 Filed: 2/19/2002, Entered: 2/20/2002, Terminated: 2/20/2002 Motion for Extension of Time
Unopposed MOTION by plaintiff Harvey Sender to extend time to no earlier than 3/14/02 for responses to dfts Leone Motions to dimsiss and for definite statement (former empl)
 42 Filed: 2/20/2002, Entered: 2/21/2002 Order Court Filing
MINUTE ORDER : by Chief Judge Lewis T. Babcock granting TO AND INCLUDING 3/14/02 pltfs' motion to extend time to no earlier than 3/14/02 for responses to dfts Leone Motions to dimsiss and for definite statement [41-1], [34-1] motion to dismiss for failure to join persons needed for just adjudication, failure to state a cause of action, and other grounds, [33-1] motion to dismiss for lack of jurisdiction due to bankruptcies by dfts Leone, and [23-1] motion to dismiss; and, dfts will then have 20 days to reply (cc: all counsel) ; entry date : 2/21/02 (former empl)
 43 Filed: 2/22/2002, Entered: 2/27/2002 Motion for More Definite Statement
AMENDED MOTION by defendant James R. Leone, P.A., defendant James R. Leone for more definite statement regarding motion for more definite statement [31-1] (former empl)
 44 Filed: 2/22/2002, Entered: 2/27/2002 Order Court Filing
MINUTE ORDER : by Chief Judge Lewis T. Babcock regarding [43-1] "Leone dfts'" amended motion for more definite statement: pltfs response due 3/18/02 and dfts have 10 days after to reply (cc: all counsel) ; entry date : 2/27/02 (former empl)
 45 Filed: 2/28/2002, Entered: 3/1/2002, Terminated: 3/1/2002 Motion for Order
MOTION by plaintiff Harvey Sender to set briefing schedule on Freeborn dfts' motion to dismiss (former empl)
 46 Filed: 3/1/2002, Entered: 3/5/2002 Order Court Filing
ORDER signed 3/1/02 by Chief Judge Lewis T. Babcock granting motion to set briefing schedule on Freeborn dfts' motion to dismiss [45-1], regarding [27-1] motion to dismiss certain claims of amended complaint [pursuant to Rules 9(b) and 12(b)(6): as follows: pltf has until 3/15/02 to file response to Freeborn motion to dismiss, and the Freeborn dfts have to and including 4/4/02 to reply (cc: all counsel) ; entry date : 3/5/02 (former empl)
 47 Filed: 3/1/2002, Entered: 3/5/2002 Reply to Response to Motion
REPLY by defts William Wells II, Wm & Elaine Wells to pltfs' response to their motion to dismiss amd comp [19-1] (former empl)
 48 Filed: 3/4/2002, Entered: 3/5/2002 Brief in Opposition to Motion
MEMORANDUM (BRIEF) by plaintiff Harvey Sender in opposition to motion to dismiss [22-1], motion to strike [22-2] (former empl)
 49 Filed: 3/8/2002, Entered: 3/8/2002 Response to Motion
MEMORANDUM IN OPPOSITION (RESPONSE) by plaintiff Harvey Sender to Weatherford dfts' motion to dismiss pla's amended complaint [29-1] (former empl)
 50 Filed: 3/14/2002, Entered: 3/15/2002 Response to Motion
CONSOLIDATED MEMORANDUM IN OPPOSITION (RESPONSE) by plaintiff Harvey Sender to motion for more definite statement [43-1], motion to dismiss for failure to join persons needed for just adjudication, failure to state a cause of action, and other grounds [34-1], motion to dismiss for lack of jurisdiction due to bankruptcies by dfts Leone [33-1], motion for more definite statement [31-1], motion to dismiss [23-1] (former empl)
 51 Filed: 3/15/2002, Entered: 3/18/2002 Response to Motion
MEMORANDUM IN OPPOSITION (RESPONSE) by plaintiff Harvey Sender to motion to dismiss certain claims of amended complaint [pursuant to Rules 9(b) and 12(b)(6) [27-1] (former empl)
 52 Filed: 3/22/2002, Entered: 3/25/2002, Terminated: 3/25/2002 Motion for Extension of Time
Unopposed MOTION by defendant Merkle & Magri for extension of time to respond to pla's memorandum in opposition to motion to dismiss to 4/4/02 (gms)
 53 Filed: 3/25/2002, Entered: 3/26/2002 Order Court Filing
MINUTE ORDER : by Chief Judge Lewis T. Babcock granting to and including 4/4/02, dfts' motion for extension of time to respond to pla's memorandum in opposition to motion to dismiss to 4/4/02 [52-1], regarding [22-1] motion to dismiss, regarding [22-2] motion to strike (cc: all counsel) ; entry date : 3/26/02 (former empl)
 54 Filed: 3/28/2002, Entered: 3/29/2002 Reply to Response to Motion
REPLY by defts Marlowe Appleton, William P. Weatherford to response to motion to dismiss pla's amended complaint [29-1] (former empl)
 55 Filed: 4/1/2002, Entered: 4/1/2002, Terminated: 4/2/2002 Motion for Extension of Time
Unopposed MOTION by defendant James R. Leone, P.A., defendant James R. Leone to enlarge time to reply to pltfs' consoildated memorandum in opposition to the "Leone" motions to dismiss and for more definite statement to 4/18/02 for service (former empl)
 56 Filed: 4/2/2002, Entered: 4/3/2002 Order Court Filing
MINUTE ORDER : by Chief Judge Lewis T. Babcock granting motion to enlarge time to reply to pltfs' consoildated memorandum in opposition to the "Leone" motions to dismiss and for more definite statement to 4/18/02 for service [55-1], regarding [50-1] motion response, regarding [43-1] motion for more definite statement (cc: all counsel) ; entry date : 4/3/02 (dlb)
 57 Filed: 4/4/2002, Entered: 4/8/2002 Reply to Response to Motion
REPLY by defendant Freeborn & Peters, defendant Michael Sabian, defendant Darwin J. Poyfair to response to dfts' motion to dismiss certain claims of amended complaint [pursuant to Rules 9(b) and 12(b)(6) [27-1] (former empl)
 58 Filed: 4/4/2002, Entered: 4/8/2002 Reply to Response to Motion
REPLY MEMORANDUM by defendant Merkle & Magri to response to motion to dismiss [22-1] (former empl)
 59 Filed: 4/18/2002, Entered: 4/18/2002, Terminated: 4/18/2002 Motion for Extension of Time
Unopposed Ssecond MOTION by defendant James R. Leone, P.A., defendant James R. Leone to extend time to reply to memorandum in opposition to their motions to dismiss and for more definite statement (former empl)
 60 Filed: 4/18/2002, Entered: 4/19/2002 Order Court Filing
MINUTE ORDER : by Chief Judge Lewis T. Babcock granting to and including 5/2/02 Leone second unopposed motion to enlarge time to serve reply to pltfs' consolidated memorandum in opposition to their motions to dismiss and for more definite statement [59-1], regarding [43-1] motion for more definite statement, regarding [34-1] motion to dismiss for failure to join persons needed for just adjudication, faiulre to state a cause of action, and other grounds, regarding [33-1] motion to dismiss for lack of jurisdiction due to bankruptcies by dfts Leone, regarding [23-1] motion to dismiss (cc: all counsel) ; entry date : 4/19/02 (former empl)
 61 Filed: 5/6/2002, Entered: 5/7/2002 Motion to Strike
MOTION by defendant James R. Leone, P.A., defendant James R. Leone to strike amended complaint [2-1] portions (former empl)
 62 Filed: 5/7/2002, Entered: 5/7/2002 Reply to Response to Motion
REPLY MEMORANDUM by defts James R. Leone, P.A., James R. Leone to response to motion to dismiss for failure to join persons needed for just adjudication, faiulre to state a cause of action, and other grounds [34-1], motion to dismiss for lack of jurisdiction due to bankruptcies by dfts Leone [33-1], motion for more definite statement [31-1] (former empl)
 63 Filed: 5/15/2002, Entered: 5/15/2002 Response to Motion
RESPONSE IN OPPOSITION by plaintiff Harvey Sender to Leone motion to strike amended complaint [2-1] portions [61-1] (former empl)
 64 Filed: 6/3/2002, Entered: 6/5/2002 Notice (Other)
Copy of signed Reply to Response to Leone's Motion (NOTICE) by defendant James R. Leone, P.A., defendant James R. Leone re: motion to strike amended complaint [2-1] portions [61-1] (former empl)
 65 Filed: 6/4/2002, Entered: 6/5/2002 Reply to Response to Motion
Original REPLY by defts James R. Leone, P.A., James R. Leone to response to motion to strike amended complaint [2-1] portions [61-1] (former empl)
 66 Filed: 8/6/2002, Entered: 8/8/2002 Motion for Order
MOTION by defts Marlowe Appleton, William P. Weatherford for direction re placement of certain funds held in a trust account related to William Wells II (former empl)
 67 Filed: 8/7/2002, Entered: 8/8/2002 Order Court Filing
MINUTE ORDER : by Chief Judge Lewis T. Babcock regarding [66-1] motion for direction re placement of certain funds held in a trust account related to William Wells II: pltfs have utnil 8/26/02 to respond (cc: all counsel) ; entry date : 8/8/02 (former empl)
 68 Filed: 8/8/2002, Entered: 8/8/2002 Response to Motion
RESPONSE by plaintiff Harvey Sender to motion for direction re placement of certain funds held in a trust account related to William Wells II [66-1] (former empl)
 69 Filed: 8/9/2002, Entered: 8/12/2002 Order Court Filing
MINUTE ORDER : by Chief Judge Lewis T. Babcock setting hearing on motion for direction re placement of certain funds held in a trust account related to William Wells II [66-1] 9:00 8/22/02 (cc: all counsel) ; entry date : 8/12/02 (former empl)
 70 Filed: 8/22/2002, Entered: 8/23/2002 Minutes - Miscellaneous Court Filing
COURTROOM MINUTES by Chief Judge Lewis T. Babcock granting motion for direction re placement of certain funds held in a trust account related to William Wells II [66-1] ; entry date : 8/23/02 Court Reporter: Suzanne Claar (dlb)
 71 Filed: 8/22/2002, Entered: 8/23/2002 Order Court Filing
ORDER by Chief Judge Lewis T. Babcock for deposit of funds by dfts, Weatherford & Marlow, Appleton & Weatherford of $176,116 (cc: all counsel) ; entry date : 8/23/02 (dlb)
 72 Filed: 8/26/2002, Entered: 8/26/2002 Receipt
RECEIPT 100 237271 from Fleishman, Sterling, Gregory for $177124.23 to place funds in trust account (former empl)
 73 Filed: 9/3/2002, Entered: 9/3/2002 Order Court Filing
ORDER signed 9/3/02 by Chief Judge Lewis T. Babcock denying motion to dismiss amd comp [19-1] for lack of subject matter jurisdiction and for failure to state a claim upon which relief can be granted (cc: all counsel) ; entry date : 9/3/02 (former empl)
 74 Filed: 9/5/2002, Entered: 9/6/2002 Order Court Filing
ORDER signed 9/5/02 by Chief Judge Lewis T. Babcock denying motion to dismiss pla's amended complaint [29-1] (cc: all counsel) ; entry date : 9/6/02 (former empl)
 75 Filed: 9/6/2002, Entered: 9/6/2002 Order Court Filing
ORDER signed 9/5/02, filed 9/6/02, by Chief Judge Lewis T. Babcock denying Merkle and Magri's motion to dismiss [22-1], denying motion to strike [22-2] (cc: all counsel) ; entry date : 9/6/02 (former empl)
 76 Filed: 9/11/2002, Entered: 9/12/2002 Notice of Change of Address
NOTICE of Change of Firm Name of Fleishman, Sterling & Shapiro by counsel for Marlowe Appleton, William P. Weatherford (pap)
 77 Filed: 9/16/2002, Entered: 9/16/2002 Order Court Filing
ORDER singed 9/16/02 by Chief Judge Lewis T. Babcock denying motion to dismiss certain claims of amended complaint [pursuant to Rules 12(b)(6) [27-1] as to Claims 3, 6, 10, 15, 23, 25, 29, 30, 32, 33 and 34 and is GRANTED as to Claim 16 (cc: all counsel) ; entry date : 9/16/02 (former empl)
 78 Filed: 9/17/2002, Entered: 9/17/2002 Order Court Filing
ORDER signed 9/17/02 by Chief Judge Lewis T. Babcock denying motion to strike amended complaint [2-1] portions [61-1], denying motion for more definite statement [43-1], denying motion to dismiss for failure to join persons needed for just adjudication, faiulre to state a cause of action, and other grounds [34-1], denying motion to dismiss for lack of jurisdiction due to bankruptcies by dfts Leone [33-1], denying motion to dismiss [23-1] (cc: all counsel) ; entry date : 9/17/02 (former empl)
 79 Filed: 9/23/2002, Entered: 9/24/2002 Answer to Complaint
ANSWER AND AFFIRMATIVE DEFENSES by defendants William Wells II,and Wm & Elaine Wells to complaint [2-1] (former empl)
 80 Filed: 9/24/2002, Entered: 9/24/2002, Terminated: 9/25/2002 Motion for Extension of Time to File Answer
Unopposed MOTION by defendant Merkle & Magri to extend time to answer amended complaint to: 10/11/02 (former empl)
 81 Filed: 9/25/2002, Entered: 9/26/2002 Answer to Complaint
ANSWER by defts Marlowe Appleton, William P. Weatherford to amended complaint [2-1] (former empl)
 82 Filed: 9/25/2002, Entered: 9/27/2002 Order Court Filing
MINUTE ORDER : by Chief Judge Lewis T. Babcock granting motion to extend time to answer amended complaint to: 10/11/02 [80-1] (cc: all counsel) ; entry date : 9/27/02 (former empl)
 83 Filed: 9/30/2002, Entered: 10/1/2002 Answer to Complaint
ANSWER by defts Freeborn & Peters, Michael Sabian, and Darwin J. Poyfair to amended complaint [2-1]; jury demand (former empl)
 84 Filed: 10/10/2002, Entered: 10/10/2002, Terminated: 10/11/2002 Motion for Extension of Time
Unopposed MOTION by defendant James R. Leone, P.A., defendant James R. Leone to extend time to respond to the amended complaint to 10/7/02 (former empl)
 85 Filed: 10/11/2002, Entered: 10/15/2002 Answer to Complaint
ANSWER to complaint [2-1] AND CROSSCLAIM by defendant Merkle & Magri against defendant Freeborn & Peters; jury demand (former empl)
 86 Filed: 10/11/2002, Entered: 10/15/2002 Order Court Filing
MINUTE ORDER : by Chief Judge Lewis T. Babcock granting to and including 10/11/02 "Leones'" unopposed motion to extend time to respond to the amended complaint to 10/7/02 [84-1] (cc: all counsel) ; entry date : 10/15/02 (former empl)
 87 Filed: 10/17/2002, Entered: 10/18/2002 Order Referring Case to Magistrate Judge Court Filing
ORDER R16 stat stlmt pt pto Case referred to Magistrate Judge Craig B. Shaffer signed 10/17/02 by Chief Judge Lewis T. Babcock (cc: to counsel) (former empl)
 88 Filed: 10/21/2002, Entered: 10/22/2002 Answer to Complaint
ANSWER to complaint [2-1] and COUNTERCLAIM by defendant James R. Leone, P.A., defendant James R. Leone against plaintiff Harvey Sender (former empl)
 88 Filed: 10/21/2002, Entered: 10/22/2002 Crossclaim
CROSSCLAIM by defendant James R. Leone, P.A., defendant James R. Leone against counter-defendant Harvey Sender (former empl)
 89 Filed: 10/21/2002, Entered: 10/22/2002 Letter
LETTER to court from defendant James R. Leone, P.A., defendant James R. Leone explaining the filing of crossclaim [88-1], re: answer answer [88-1] (former empl)
 90 Filed: 10/31/2002, Entered: 11/1/2002 Answer to Crossclaim
REPLY TO CROSSCLAIM [85-2] by cross-defendant Freeborn & Peters (former empl)
 91 Filed: 11/8/2002, Entered: 11/12/2002, Terminated: 9/8/2003 Motion for More Definite Statement
MOTION by plaintiff Harvey Sender for more definite statement from the Leone dfts (former empl)
 92 Filed: 11/14/2002, Entered: 11/14/2002, Terminated: 12/3/2002 Motion for Hearing/Conference
MOTION by plaintiff Harvey Sender for a scheduling conference (former empl)
 93 Filed: 11/15/2002, Entered: 11/18/2002 Notice of Change of Address
NOTICE of Change of by Craig Fleishman of firm name to Fleishman & Shapiro, P.C. by defendant Marlowe Appleton (former empl)
 94 Filed: 11/15/2002, Entered: 11/19/2002 Memorandum Court Filing
MEMORANDUM by Chief Judge Lewis T. Babcock referring to Magistrate Judge Craig B. Shaffer the motion for a scheduling conference [92-1] (former empl)
 95 Filed: 12/2/2002, Entered: 12/3/2002 Response to Motion
Memorandum Supporting Counterclaim and Opposing (RESPONSE) by dfts, James R. Leone, James R. Leone, P.A. to motion for more definite statement from the Leone dfts [91-1] (dlb)
 96 Filed: 12/3/2002, Entered: 12/4/2002 Order Court Filing
MINUTE ORDER : by Magistrate Judge Craig B. Shaffer granting motion for a scheduling conference [92-1] ; scheduling/planning conference set for 3:30 1/21/03 (cc: all counsel) ; entry date : 12/4/02 (former empl)
 97 Filed: 12/23/2002, Entered: 12/24/2002, Terminated: 12/26/2002 Motion for Leave
MOTION by Wells' defendants for leave to appear by tele on 1/21/03 (dlb)
 98 Filed: 12/23/2002, Entered: 12/26/2002 Memorandum Court Filing
MEMORANDUM by Chief Judge Lewis T. Babcock referring to Magistrate Judge Craig B. Shaffer the motion for leave to appear by tele on 1/21/03 [97-1] (lam)
 99 Filed: 12/26/2002, Entered: 12/27/2002 Order Court Filing
MINUTE ORDER : by Magistrate Judge Craig B. Shaffer granting motion for leave to have Daniel Brodersen to appear by tele on 1/21/03 [97-1] (cc: all counsel) ; entry date : 12/27/02 (former empl)
 -- Filed: 12/30/2002, Entered: 12/31/2002 Mail Returned
MAIL Returned minute order [96-2] addressed to defendant James R. Leone, P.A., defendant James R. Leone, counter-claimant James R. Leone, P.A., counter-claimant James R. Leone, cross-claimant James R. Leone, P.A., cross-claimant James R. Leone (former empl)
 100 Filed: 1/21/2003, Entered: 1/24/2003 Minutes - Miscellaneous Court Filing
COURTROOM MINUTES by Magistrate Judge Craig B. Shaffer ; rule 16 conf held on 1/21/03 ; discovery ddl set 12/31/03 ; disp mtn ddl set 1/31/04 ; settlement conf set for 9:00 6/20/03 ; pretrial conf set for 9:30 2/25/04 ; pto ddl set for 2/20/04 ; three (3) week jury trial set for 5/17/04 ; Trial prep conference set for 8:00 4/21/04 ; entry date : 1/24/03 Court Reporter: CBS Civil Tape No. 2003-10 & 11 (dlb)
 101 Filed: 1/22/2003, Entered: 1/24/2003, Terminated: 9/29/2003 Scheduling Order Court Filing
SCHEDULING ORDER Magistrate Judge Craig B. Shaffer ; Discovery cutoff 12/31/03 ;dispositive motions due 1/31/04 ; settlement conference 9:00 6/20/03 ;pretrial conference set 9:30 2/25/04 (cc: all counsel) (dlb)
 102 Filed: 1/22/2003, Entered: 1/24/2003 Order Court Filing
MINUTE ORDER : by Chief Judge Lewis T. Babcock fifteen (15) day jury trial set for 5/17/04 ; Trial prep conference set for 8:00 4/21/04 (cc: all counsel) ; entry date : 1/24/03 (dlb)
 -- Filed: 2/12/2003, Entered: 2/12/2003 Mail Returned
MAIL Returned minute order [102-2] addressed to defendant James R. Leone, P.A., defendant James R. Leone (former empl)
 103 Filed: 2/19/2003, Entered: 2/20/2003 Motion for Extension of Time
Unopposed MOTION by defts Freeborn & Peters, Michael Sabian, Darwin J. Poyfair to extend time to 3/10/03 to respond to plfs' first set of discovery requests to them (former empl)
 104 Filed: 2/19/2003, Entered: 2/20/2003, Terminated: 2/25/2003 Motion for Extension of Time
Unopposed MOTION by defendant Freeborn & Peters to extend time to 3/7/03 to respond to Merkle & Magri's First Set of Interroggatories and first request for production of documents to this dft (former empl)
 105 Filed: 2/20/2003, Entered: 2/24/2003 Memorandum Court Filing
MEMORANDUM by Chief Judge Lewis T. Babcock referring to Magistrate Judge Craig B. Shaffer the motion to extend time to 3/7/03 to respond to Merkle & Magri's First Set of Interroggatories and first request for production of documents to this dft [104-1], and the motion to extend time to 3/10/03 to respond to plfs' first set of discovery requests to them [103-1] (former empl)
 106 Filed: 2/25/2003, Entered: 2/26/2003 Order Court Filing
MINUTE ORDER : by Magistrate Judge Craig B. Shaffer granting motion to extend time to 3/7/03 to respond to Merkle & Magri's First Set of Interroggatories and first request for production of documents to this dft [104-1], granting motion to extend time to 3/10/03 to respond to plfs' first set of discovery requests to them [103-1] (cc: all counsel) ; entry date : 2/26/03 (former empl)
 -- Filed: 2/26/2003, Entered: 2/28/2003 Miscellaneous Document
Tendered Dfts Freeborn & Peters, Michael Sabian and Darwin J. Poyfair's designation of nonparties at fault submitted by Freeborn & Peters, Michael Sabian, Darwin J. Poyfair re: motion for leave to designate nonparties at fault [109-1] (pap)
 107 Filed: 2/26/2003, Entered: 2/27/2003 Notice of Entry of Appearance
ATTORNEY APPEARANCE for dfts Freeborn & Peters, Michael Sabian, Darwin J. Poyfair by Julie M. Walker (pap)
 108 Filed: 2/26/2003, Entered: 2/27/2003 Notice of Entry of Appearance
ATTORNEY APPEARANCE for Freeborn & Peters, Michael Sabian, Darwin J. Poyfair by Michael L. O'Donnell (pap)
 109 Filed: 2/26/2003, Entered: 2/27/2003 Motion for Leave
MOTION by dfts Freeborn & Peters, Michael Sabian, Darwin J. Poyfair for leave to designate nonparties at fault (pap)
 110 Filed: 2/27/2003, Entered: 2/28/2003 Order Court Filing
MINUTE ORDER : by Chief Judge Lewis T. Babcock regarding dft's [109-1] motion for leave to designate nonparties at fault, pla has to 3/13/03 to respond (cc: all counsel) ; entry date : 2/28/03 (dlb)
 -- Filed: 3/12/2003, Entered: 3/14/2003 Mail Returned
MAIL Returned minute order [106-1] addressed to defendant James R. Leone, P.A., defendant James R. Leone (former empl)
 111 Filed: 3/13/2003, Entered: 3/14/2003 Response to Motion
MEMORANDUM IN OPPOSITION (RESPONSE) by plaintiff Harvey Sender to motion for leave to designate nonparties at fault [109-1] (former empl)
 112 Filed: 3/27/2003, Entered: 3/28/2003 Joinder
JOINDER by defendant Marlowe Appleton, defendant William P. Weatherford joinder in motion for leave to designate nonparties at fault [109-1] and in designation of nonparties at fault (former empl)
 113 Filed: 3/27/2003, Entered: 3/28/2003, Terminated: 5/23/2003 Motion for Extension of Time
MOTION by defts Freeborn & Peters, Michael Sabian, Darwin J. Poyfair to extend deadline to add parties or amend peldaings pending court ruling on the "Freeborn Dfts'" motion for leave to designate nonparties at fault (former empl)
 114 Filed: 3/27/2003, Entered: 3/28/2003 Reply to Response to Motion
REPLY by defendant to response to motion for leave to designate nonparties at fault [109-1] (former empl)
 115 Filed: 3/28/2003, Entered: 4/1/2003 Memorandum Court Filing
MEMORANDUM by Chief Judge Lewis T. Babcock referring to Magistrate Judge Craig B. Shaffer the motion to extend deadline to add parties or amend peldaings pending court ruling on the "Freeborn Dfts'" motion for leave to designate nonparties at fault [113-1] (former empl)
 116 Filed: 4/10/2003, Entered: 4/11/2003 Order Court Filing
MINUTE ORDER : by Magistrate Judge Craig B. Shaffer ; mag discovery conference set for 3:30 4/30/03 (cc: all counsel) ; entry date : 4/11/03 (former empl)
 117 Filed: 4/14/2003, Entered: 4/15/2003 Motion to Compel
MOTION by plaintiff Harvey Sender to compel pro se dft William Jeffrey Mann to Testify (former empl)
 118 Filed: 4/17/2003, Entered: 4/18/2003 Memorandum Court Filing
MEMORANDUM by Chief Judge Lewis T. Babcock referring to Magistrate Judge Craig B. Shaffer the motion to compel pro se dft William Jeffrey Mann to Testify [117-1] (former empl)
 119 Filed: 4/17/2003, Entered: 4/18/2003 Order Court Filing
MINUTE ORDER : by Magistrate Judge Craig B. Shaffer regarding [117-1] motion to compel pro se dft William Jeffrey Mann to Testify: dfts response due 4/25/03 (cc: all counsel) ; entry date : 4/18/03 (former empl)
 120 Filed: 4/25/2003, Entered: 4/29/2003 Amended Document
AMENDED CERTIFICATE OF MAILING to minute order [116-2] (former empl)
 121 Filed: 4/25/2003, Entered: 4/29/2003 Amended Document
AMENDED CERTIFICATE OF MAILNIG to minute order [119-1] (former empl)
 122 Filed: 4/29/2003, Entered: 4/30/2003, Terminated: 5/1/2003 Motion for Extension of Time
Stipulation MOTION by defendant Freeborn & Peters to extend time to 4/30/03 to respond to Markle & Magri's Second Set of Interrogatories (former empl)
 123 Filed: 4/30/2003, Entered: 5/2/2003 Supplement/Amendment
SUPPLEMENT by defendant Freeborn & Peters to motion to extend time to 4/30/03 to respond to Markle & Magri's Second Set of Interrogatories [122-1] (former empl)
 124 Filed: 4/30/2003, Entered: 5/2/2003 Memorandum Court Filing
MEMORANDUM by Chief Judge Lewis T. Babcock referring to Magistrate Judge Craig B. Shaffer the motion to extend time to 4/30/03 to respond to Markle & Magri's Second Set of Interrogatories [122-1] (former empl)
 126 Filed: 4/30/2003, Entered: 5/12/2003 Minutes - Miscellaneous Court Filing
COURTROOM MINUTES by Magistrate Judge Craig B. Shaffer denying motion to compel pro se dft William Jeffrey Mann to Testify [117-1] ; entry date : 5/12/03 Court Reporter: CBS Civil Tape 2003-69 (former empl)
 125 Filed: 5/1/2003, Entered: 5/2/2003 Order Court Filing
MINUTE ORDER : by Magistrate Judge Craig B. Shaffer granting motion to extend time to 4/30/03 to respond to Markle & Magri's Second Set of Interrogatories [122-1] (cc: all counsel) ; entry date : 5/2/03 (former empl)
 127 Filed: 5/12/2003, Entered: 5/12/2003, Terminated: 5/16/2003 Response to Motion
FURTHER RESPONSE by plaintiff Harvey Sender to motion for leave to designate nonparties at fault [109-1] (former empl)
 128 Filed: 5/16/2003, Entered: 5/19/2003 Order Court Filing
MINUTE ORDER : by Magistrate Judge Craig B. Shaffer granting pltfs' motion (motion response) [127-1], granting "Freeborns" motion for leave to designate nonparties at fault [109-1]: deadline to signate nonparties at fault and to amend pleadings or join additional parties is 6/16/03 (cc: all counsel) ; entry date : 5/19/03 (former empl)
 129 Filed: 5/23/2003, Entered: 5/27/2003 Order Court Filing
MINUTE ORDER : by Magistrate Judge Craig B. Shaffer denying as moot, basedo n ruling 5/16/03, motion to extend deadline to add parties or amend peldaings pending court ruling on the "Freeborn Dfts'" motion for leave to designate nonparties at fault [113-1] (cc: all counsel) ; entry date : 5/27/03 (former empl)
 -- Filed: 6/2/2003, Entered: 6/3/2003 Miscellaneous Document
Tendered Second Amended Complaint submitted by plaintiff Harvey Sender with the motion for leave to file second amended complaint, amended complaint [2-1], complaint [1-1] [130-1] (former empl)
 130 Filed: 6/2/2003, Entered: 6/3/2003 Motion to Amend/Correct/Modify
MOTION by plaintiff Harvey Sender for leave to file second amended complaint, amended complaint [2-1], complaint [1-1] (former empl)
 131 Filed: 6/3/2003, Entered: 6/6/2003 Order Court Filing
MINUTE ORDER : by Chief Judge Lewis T. Babcock regarding [130-1] motion for leave to file second amended complaint, amended complaint [2-1], complaint [1-1]: dfts response due 6/23/03 and pltfs have 10 days to reply (cc: all counsel) ; entry date : 6/6/03 (former empl)
 132 Filed: 6/11/2003, Entered: 6/12/2003, Terminated: 6/18/2003 Motion for Leave
MOTION by defendant Merkle & Magri for leave to participate in settlelment conference by phone (former empl)
 133 Filed: 6/12/2003, Entered: 6/17/2003 Memorandum Court Filing
MEMORANDUM by Chief Judge Lewis T. Babcock referring to Magistrate Judge Craig B. Shaffer the motion for leave to participate in settlelment conference by phone [132-1] (former empl)
 134 Filed: 6/13/2003, Entered: 6/17/2003 Memorandum Court Filing
MEMORANDUM by Chief Judge Lewis T. Babcock referring to Magistrate Judge Craig B. Shaffer the motion for leave to participate in settlelment conference by phone [132-1] (former empl)
 135 Filed: 6/16/2003, Entered: 6/17/2003 Designation of Non-Party
DESIGNATION of Non-Parties at Fault by defendant James R. Leone, P.A., defendant James R. Leone (former empl)
 136 Filed: 6/18/2003, Entered: 6/18/2003 Amended Document
AMENDED DESIGNATION OF NON-PARTIES AT FAULT by defendant James R. Leone, P.A., defendant James R. Leone to documents [135-1] (former empl)
 137 Filed: 6/18/2003, Entered: 6/18/2003 Order Court Filing
MINUTE ORDER : by Magistrate Judge Craig B. Shaffer granting motion for leave to participate in settlement conference by phone [132-1] (cc: all counsel) ; entry date : 6/18/03 (former empl)
 138 Filed: 6/19/2003, Entered: 6/20/2003, Terminated: 6/20/2003 Motion for Order
Unopposed MOTION by defendant William Wells II, defendant Wm & Elaine Wells for authorization for counsel to be available by phone for settlemetn conference 6/20/03 (former empl)
 139 Filed: 6/19/2003, Entered: 6/20/2003 Memorandum Court Filing
MEMORANDUM by Chief Judge Lewis T. Babcock referring to Magistrate Judge Craig B. Shaffer the motion for authorization for counsel to be available by phone for settlemetn conference 6/20/03 [138-1] (former empl)
 140 Filed: 6/20/2003, Entered: 6/20/2003 Order Court Filing
MINUTE ORDER : by Magistrate Judge Craig B. Shaffer granting motion for authorization for counsel to be available by phone for settlemetn conference 6/20/03 [138-1] (cc: all counsel) ; entry date : 6/20/03 (former empl)
 141 Filed: 6/20/2003, Entered: 6/24/2003 Memorandum Court Filing
MEMORANDUM by Magistrate Judge Craig B. Shaffer regarding [101-1] schedule order ; settlement conf held 6/20/03 no settlement (former empl)
 146 Filed: 6/20/2003, Entered: 6/27/2003 Minutes - Miscellaneous Court Filing
COURTROOM MINUTES -Discovery Dispute by Magistrate Judge Craig B. Shaffer regarding [101-1] schedule order ; mag conference held 6/20/03 ; entry date : 6/27/03 Court Reporter: CBS Civil Tape 2003-109 (former empl)
 142 Filed: 6/23/2003, Entered: 6/25/2003, Terminated: 7/7/2003 Motion for Leave
MOTION by defendant William Wells II, defendant Wm & Elaine Wells for leave to authorize their counsel to be available by phone for the 6/20/03 settlement conference (former empl)
 143 Filed: 6/23/2003, Entered: 6/25/2003 Response to Motion
RESPONSE by defts Marlowe Appleton, William P. Weatherford to motion for leave to file second amended complaint, amended complaint [2-1], complaint [1-1] [130-1] (former empl)
 144 Filed: 6/23/2003, Entered: 6/25/2003 Memorandum Court Filing
MEMORANDUM by Chief Judge Lewis T. Babcock referring to Magistrate Judge Craig B. Shaffer the motion for leave to authorize their counsel to be available by phone for the 6/20/03 settlement conference [142-1] (former empl)
 145 Filed: 6/24/2003, Entered: 6/25/2003 Order Court Filing
MINUTE ORDER : by Chief Judge Lewis T. Babcock regarding [143-1] motion response, regarding [130-1] motion for leave to file second amended complaint [2-1], amended complaint [1-1]: pltfs have until 7/9/03 to reply (cc: all counsel) ; entry date : 6/25/03 (former empl)
 147 Filed: 6/30/2003, Entered: 7/1/2003 Notice of Change of Address
NOTICE of Change of address of Daniel N. Brodersen by defts Wm & Elaine Wells, William Wells II (former empl)
 150 Filed: 7/7/2003, Entered: 7/9/2003 Order Court Filing
MINUTE ORDER : by Magistrate Judge Craig B. Shaffer DENYING AS MOOT the motion for leave to authorize their counsel to be available by phone for the 6/20/03 settlement conference [142-1], regarding [140-1] minute order, regarding [138-1] motion for authorization for counsel to be available by phone for settlemetn conference 6/20/03 (cc: all counsel) ; entry date : 7/9/03 (former empl)
 148 Filed: 7/8/2003, Entered: 7/9/2003, Terminated: 7/30/2003 Motion for Protective Order
MOTION by defts Freeborn & Peters, Michael Sabian, and Darwin J. Poyfair for protective order 9from certain discovery topics and document requests (former empl)
 149 Filed: 7/8/2003, Entered: 7/9/2003, Terminated: 7/9/2003 Motion for Extension of Time
Unopposed MOTION by plaintiff Harvey Sender to extend time for pltf to file a reply in support of motion for leave to file second amended complaint to and including 8/8/03 (former empl)
 151 Filed: 7/8/2003, Entered: 7/10/2003 Memorandum Court Filing
MEMORANDUM by Chief Judge Lewis T. Babcock referring to Magistrate Judge Craig B. Shaffer the motion for protective order 9from certain discovery topics and document requests [148-1] (former empl)
 152 Filed: 7/8/2003, Entered: 7/10/2003, Terminated: 7/14/2003 Motion for Extension of Time
MOTION by plaintiff Harvey Sender to extend time to complete fact discovery (former empl)
 153 Filed: 7/9/2003, Entered: 7/10/2003 Order Court Filing
MINUTE ORDER : by Chief Judge Lewis T. Babcock granting to and including 8/8/03, pltf's unopposed motion to extend time for pltf to file a reply in support of motion for leave to file second amended complaint to and including 8/8/03 [149-1], regarding [130-1] motion for leave to file second amended complaint, amended complaint [2-1], complaint [1-1] (cc: all counsel) ; entry date : 7/10/03 (former empl)
 154 Filed: 7/10/2003, Entered: 7/10/2003 Memorandum Court Filing
MEMORANDUM by Chief Judge Lewis T. Babcock referring to Magistrate Judge Craig B. Shaffer the motion to extend time to complete fact discovery [152-1] (former empl)
 155 Filed: 7/14/2003, Entered: 7/15/2003 Order Court Filing
MINUTE ORDER : by Magistrate Judge Craig B. Shaffer granting motion to extend time to complete fact discovery [152-1] to and including 9/1/03 (cc: all counsel) ; entry date : 7/15/03 (former empl)
 156 Filed: 7/14/2003, Entered: 7/15/2003 Order Court Filing
MINUTE ORDER : by Magistrate Judge Craig B. Shaffer setting pltf's response due 7/25/03 and hearing on motion for protective order from certain discovery topics and document requests [148-1] 9:30 7/30/03 (cc: all counsel) ; entry date : 7/15/03 (former empl)
 157 Filed: 7/25/2003, Entered: 7/28/2003 Response to Motion
RESPONSE by plaintiff Harvey Sender to motion for protective order from certain discovery topics and document requests [148-1] (former empl)
 158 Filed: 7/29/2003, Entered: 7/29/2003 Reply to Response to Motion
REPLY in support of their motion by defendant Freeborn & Peters, defendant Michael Sabian, defendant Darwin J. Poyfair to response to motion for protective order 9from certain discovery topics and document requests [148-1] (former empl)
 159 Filed: 7/30/2003, Entered: 8/1/2003 Minutes - Miscellaneous Court Filing
COURTROOM MINUTES by Chief Judge Lewis T. Babcock granting as stated motion for protective order from certain discovery topics and document requests [148-1] ; mag telephone status; Order:to the extent any portion of the motion for protective order makes a request for sanctions the request is denied ; telephone status conference set for 8:30 8/22/03 ; status report ddl set for 8/20/03 ; entry date : 8/1/03 Court Reporter: CBS Civil Tape 2003-113/134 (former empl)
 160 Filed: 7/31/2003, Entered: 8/1/2003 Order Court Filing
MINUTE ORDER : by Magistrate Judge Craig B. Shaffer regarding [159-2] minutes ; mag telehpone status conference set for 8:30 8/22/03 ; joint status report ddl set for 8/20/03 (cc: all counsel) ; entry date : 8/1/03 (former empl)
 161 Filed: 8/11/2003, Entered: 8/11/2003, Terminated: 8/22/2003 Motion for Extension of Time
Unopposed Second MOTION by defendant James R. Leone, P.A., defendant James R. Leone to extend the discovery cutoff date for service for 45 days after the later of service of the second amended complaint or dft Mann has provided all information as ordered, or after the balance is declared waived, moot or frustrated (former empl)
 162 Filed: 8/11/2003, Entered: 8/11/2003, Terminated: 8/11/2003 Motion for Extension of Time
AMENDED MOTION unopposed by defendant James R. Leone, P.A., defendant James R. Leone to extend time of tghe discovery cutoff date for service 45 days after the later of service of the second amended complaint or defendant Mann has provided all information as ordered, or after the balance is declared waived, moot or frustrate regarding motion [162-1] (former empl)
 163 Filed: 8/11/2003, Entered: 8/11/2003, Terminated: 8/22/2003 Motion for Extension of Time
SECOND AMENDED MOTION by defendant James R. Leone, P.A., defendant James R. Leone to extend regarding motion to extend time of the discovery cutoff date for service 45 days after the later of service of the second amended complaint or defendant Mann has provided all information as ordered, or after the balance is declared waived, moot or frustrated [162-1] (former empl)
 164 Filed: 8/11/2003, Entered: 8/11/2003, Terminated: 8/22/2003 Motion to Compel
MOTION by plaintiff Harvey Sender to compel pro se dft William Jeffrey Mann to testify (former empl)
 165 Filed: 8/11/2003, Entered: 8/12/2003 Memorandum Court Filing
MEMORANDUM by Chief Judge Lewis T. Babcock referring to Magistrate Judge Craig B. Shaffer the second amended motion to extend [163-1] (former empl)
 -- Filed: 8/12/2003, Entered: 8/12/2003 Miscellaneous Document
Tendered Reply in Support of Pltf's Motion for Leave to File Second Amended Complaint submitted by plaintiff Harvey Sender re: motion for leave to file reply and proposed revised second amended complaint instanter [166-1] (former empl)
 166 Filed: 8/12/2003, Entered: 8/12/2003, Terminated: 8/13/2003 Motion for Leave
MOTION by plaintiff Harvey Sender for leave to file reply and proposed revised second amended complaint instanter (former empl)
 167 Filed: 8/12/2003, Entered: 8/12/2003 Memorandum Court Filing
MEMORANDUM by Chief Judge Lewis T. Babcock referring to Magistrate Judge Craig B. Shaffer the motion to compel pro se dft William Jeffrey Mann to testify [164-1] (former empl)
 168 Filed: 8/12/2003, Entered: 8/14/2003 Transcript Court Filing
TRANSCRIPT of Discovery Conference on April 30'03 before Magistrate Judge Craig B. Shaffer ( pages: 1-56) Prepared By: Avery/WoodsReportingServiceInc (certified copy) (former empl)
 169 Filed: 8/12/2003, Entered: 8/14/2003 Transcript Court Filing
TRANSCRIPT of Motions Hearing on Jul 30'03 before Magistrate Judge Craig B. Shaffer ( pages: 1-100) Prepared By: Avery/WoodsReportingServiceInc (certified copy) (former empl)
 170 Filed: 8/13/2003, Entered: 8/14/2003 Order Court Filing
MINUTE ORDER : by Chief Judge Lewis T. Babcock granting motion for leave to file reply and proposed revised second amended complaint instanter [166-1], and accepting for filing [0-0] tendered reply (cc: all counsel) ; entry date : 8/14/03 (former empl)
 171 Filed: 8/13/2003, Entered: 8/14/2003 Reply to Response to Motion
REPLY by plaintiff Harvey Sender to response to motion for leave to file second amended complaint, amended complaint [2-1], complaint [1-1] [130-1] (former empl)
 172 Filed: 8/13/2003, Entered: 8/14/2003 Motion to Compel
MOTION by plaintiff Harvey Sender to compel Merkle & Magri to Produce Documents and information withheld on the grounds of attorney client privilege (former empl)
 173 Filed: 8/14/2003, Entered: 8/14/2003 Minutes - Miscellaneous Court Filing
COURTROOM MINUTES by Magistrate Judge Craig B. Shaffer ; telephone hearing on discovery dispute - oral rulings made by Magistrate Judge following statements of counsel; entry date : 8/14/03 Court Reporter: CBS Civil Tape 2003-149 (former empl)
 174 Filed: 8/14/2003, Entered: 8/14/2003 Order Court Filing
MINUTE ORDER : by Magistrate Judge Craig B. Shaffer setting response due from dft Mann 8/21/03 and hearing on motion to compel pro se dft William Jeffrey Mann to testify [164-1] 8:30 8/22/03 (cc: all counsel) ; entry date : 8/14/03 (former empl)
 175 Filed: 8/14/2003, Entered: 8/14/2003, Terminated: 8/22/2003 Motion for Extension of Time
Third Unopposed Amended MOTION by defendant James R. Leone, P.A., defendant James R. Leone to extend the written discovery cutoff date for service to the later of 9/15/03 or 45 days after service of the second amended complaint or dft Mann has provided all information as ordered (former empl)
 176 Filed: 8/14/2003, Entered: 8/14/2003 Memorandum Court Filing
MEMORANDUM by Chief Judge Lewis T. Babcock referring to Magistrate Judge Craig B. Shaffer the thrid amended unopposed motion to extend the written discovery cutoff date for service to the later of 9/15/03 or 45 days after service of the second amended complaint or dft Mann has provided all information as ordered [175-1] (former empl)
 177 Filed: 8/14/2003, Entered: 8/14/2003 Memorandum Court Filing
MEMORANDUM by Chief Judge Lewis T. Babcock referring to Magistrate Judge Craig B. Shaffer the motion to compel Merkle & Magri to Produce Documents and information withheld on the grounds of attorney client privilege [172-1] (former empl)
 178 Filed: 8/15/2003, Entered: 8/18/2003 Order Court Filing
MINUTE ORDER : by Magistrate Judge Craig B. Shaffer regarding [101-1] schedule order ; mag status conference AND hearing on pending motions is set for 8:00 8/22/03 (cc: all counsel) ; entry date : 8/18/03 (former empl)
 179 Filed: 8/20/2003, Entered: 8/22/2003 Status Report
Joint STATUS REPORT by plaintiff Harvey Sender, defendant William Jeffrey Mann, defendant William Wells II, defendant Freeborn & Peters, defendant Michael Sabian, defendant Darwin J. Poyfair, defendant Merkle & Magri, defendant James R. Leone, P.A., defendant James R. Leone, defendant Marlowe Appleton, defendant William P. Weatherford, defendant Wm & Elaine Wells (former empl)
 180 Filed: 8/21/2003, Entered: 8/22/2003 Motion to Compel
MOTION by defendants Freeborn & Peters, Michael Sabian, Darwin J. Poyfair to compel pro se dft Mann to testify (former empl)
 181 Filed: 8/21/2003, Entered: 8/22/2003 Response to Motion
RESPONSE by defendant Merkle & Magri to pltf's motion to compel pro se dft William Jeffrey Mann to testify [164-1] (former empl)
 182 Filed: 8/21/2003, Entered: 8/25/2003 Notice (Other)
NOTICE OF FILING OF SIGNATURE PAGE of Danile Brodersen by plaintiff Harvey Sender re: report [179-1] (former empl)
 183 Filed: 8/22/2003, Entered: 8/25/2003 Notice (Other)
NOTICE OF UNOPPOSED MOTION filed by plaintiff Harvey Sender re: motion for leave to file second amended complaint, amended complaint [2-1], complaint [1-1] [130-1] (former empl)
 184 Filed: 8/22/2003, Entered: 8/26/2003 Minutes - Miscellaneous Court Filing
COURTROOM MINUTES by Magistrate Judge Craig B. Shaffer; Mr. DeLap for dfts Merkle & Magri was excused from the hearing; granting as stated dfts' Leone motion to extend the written discovery cutoff date for service to the later of 9/15/03 or 45 days after service of the second amended complaint or dft Mann has provided all information as ordered [175-1], granting as stated on the record motion to compel Merkle & Magri to Produce Documents and information withheld on the grounds of attorney client privilege [172-1], granting as stated on the record pltf's motion to compel pro se dft William Jeffrey Mann to testify [164-1], deposition to be at the US Courthouse in Denver and if dft Mann has a problem with his probation officer or federal authorities, parties are to contact the Court for an Emergency Hearing, denying as moot dfts' Leone motion to extend [163-1] ; entry date : 8/26/03 Court Reporter: CBS Civil Tapes 2003/155/156 (former empl)
 187 Filed: 8/22/2003, Entered: 9/4/2003, Terminated: 8/22/2003 Motion to Dismiss
ORIGINAL OF THE SIGNED Stipulation (MOTION) by plaintiff Harvey Sender, defendant Marlowe Appleton, defendant William P. Weatherford to dismiss this action as between them as having been resolved, each side to bear its own costs *replaced the copy with the original which was given to docketing 9/30/03 (former empl) Modified on 09/30/2003
 188 Filed: 8/22/2003, Entered: 9/4/2003 Order Court Filing
ORDER signed 8/22/03, entered 9/4/03, by Chief Judge Lewis T. Babcock granting motion to dismiss this action as between them as having been resolved, each side to bear its own costs [187-1] terminating party William P. Weatherford, party Marlowe Appleton (cc: all counsel) ; entry date : 9/4/03 (former empl)
 185 Filed: 8/29/2003, Entered: 9/2/2003 Notice of Change of Address
NOTICE of Change of address of Merkle & Magri,P.A. by defendant Merkle & Magri, cross-claimant Merkle & Magri (former empl)
 186 Filed: 9/2/2003, Entered: 9/2/2003 Notice (Other)
NOTICE OF INTENT TO OFFER STATEMETNS PURSUANT TO FRCivP of EVIDENCE 807 by defendant Merkle & Magri (former empl)
 189 Filed: 9/4/2003, Entered: 9/5/2003 Transcript Court Filing
TRANSCRIPT of Telephone Status Conference on Aug 22, 2003 before Magistrate Judge Craig B. Shaffer ( pages: 1-82) Prepared By: AveryWoodsReportingServiceInc (certified copy) (former empl)
 190 Filed: 9/8/2003, Entered: 9/10/2003 Order Court Filing
ORDER signed 9/8/03 by Chief Judge Lewis T. Babcock granting pltf's motion for more definite statement from the Leone dfts [91-1] and ORDERING dfts Leone to submit a more definite statement of their counterclaim within 10 days (cc: all counsel) ; entry date : 9/10/03 (former empl)
 191 Filed: 9/17/2003, Entered: 9/18/2003 Expert Witness Designation
NOTICE OF RETENTION OF DANIEL S. HOFFMAN as Expert Witness for defendants Freeborn & Peters, Michael Sabian, Darwin J. Poyfair, cross-defendant Freeborn & Peters (former empl)
 192 Filed: 9/18/2003, Entered: 9/19/2003, Terminated: 9/22/2003 Response
RESPONSE by plaintiff Harvey Sender to notice of retention of expert witness Daniel S. Hoffman[191-1] (former empl)
 193 Filed: 9/22/2003, Entered: 9/22/2003 Order Court Filing
ORDER signed 9/22/03 by Chief Judge Lewis T. Babcock granting response [192-1], denying list [191-1], in short Freeborn dfts have 3o days from date of order to obtain a replacement expert and make preliminary discosure as to that expert (cc: all counsel) ; entry date : 9/22/03 (former empl)
 194 Filed: 9/24/2003, Entered: 9/24/2003, Terminated: 9/29/2003 Motion to Amend/Correct/Modify
MOTION by plaintiff Harvey Sender, defts William Wells II, Freeborn & Peters, Michael Sabian, Darwin J. Poyfair,Merkle & Magri, James R. Leone, P.A., James R. Leone, Wm & Elaine Wells to amend schedule order [101-1]: for pltf to provide Rule 26(a)(2) information by 10/31/03, dft provide Rule 26(a)(2) information by 12/12/03, pltf's date to depose his experts 14,20,21,26,2003; Freeborn dfts resrve dates for their experts depositions of 12-16-19,22,23/03; Markle & Magri are reserving dates for depositions but are not listed; discovery to be completed by 12/23/03, all written discovery to be completed by 12/31/03 and responded to by 33 days after (former empl)
 195 Filed: 9/25/2003, Entered: 9/26/2003 Memorandum Court Filing
MEMORANDUM by Chief Judge Lewis T. Babcock referring to Magistrate Judge Craig B. Shaffer the motion to amend schedule order [101-1]: for pltf to provide Rule 26(a)(2) information by 10/31/03, dft provide Rule 26(a)(2) information by 12/12/03, pltf's date to depose his experts 14,20,21,26,2003; Freeborn dfts resrve dates for their experts depositions of 12-16-19,22,23/03; Markle & Magri are reserving dates for depositions but are not listed; discovery to be completed by 12/23/03, all written discovery to be completed by 12/31/03 and responded to by 33 days after [194-1] (former empl)
 196 Filed: 9/29/2003, Entered: 9/30/2003 Order Court Filing
ORDER signed 9/29/03 by Magistrate Judge Craig B. Shaffer granting as set forth therein specific deposition dates ( motion to amend schedule order [101-1]: for pltf to provide Rule 26(a)(2) information by 10/31/03, dft provide Rule 26(a)(2) information by 12/12/03, pltf's date to depose his experts 14,20,21,26,2003; Freeborn dfts resrve dates for their experts depositions of 12-16-19,22,23/03; Markle & Magri are reserving dates for depositions but are not listed; discovery to be completed by 12/23/03, all written discovery to be completed by 12/31/03 and responded to by 33 days after) [194-1] ; discovery ddl set 12/31/03 (cc: all counsel) ; entry date : 9/30/03 (former empl)
 197 Filed: 9/29/2003, Entered: 9/30/2003 Amended Document
AMEND COUNTERCLAIM by defendants James R. Leone, P.A., James R. Leone, counter-claimants James R. Leone, P.A., James R. Leone to counterclaim [88-2] (former empl)
 198 Filed: 10/10/2003, Entered: 10/17/2003, Terminated: 6/4/2004 Motion for More Definite Statement
MOTION by plaintiff Harvey Sender for more definite statement from Leone dfts, and requesting dismissal of the amended counterclaims with prejudice for failure to state a claim (former empl)
 199 Filed: 10/14/2003, Entered: 10/17/2003 Order Court Filing
MINUTE ORDER : by Chief Judge Lewis T. Babcock Leona dfts have until 11/3/03 to repsond, pltf 10 days to reply, regarding [198-1] motion for more definite statement from Leone dfts, and requesting dismissal of the amended counterclaims with prejudice for failure to state a claim (cc: all counsel) ; entry date : 10/17/03 (former empl)
 200 Filed: 10/21/2003, Entered: 10/22/2003 Supplement/Amendment
SUPPLEMENTAL Preliminary Expert Disclosure by "Freeborn Dfts", Freeborn & Peters, Michael Sabian, Darwin J. Poyfair to schedule order [101-1] (dlb)
 201 Filed: 10/24/2003, Entered: 10/29/2003 Motion to Compel
MOTION by plaintiff Harvey Sender to compel , or for leave to conduct the continued dep of non-party witness Judith Krieg (dlb)
 202 Filed: 10/27/2003, Entered: 10/29/2003 Memorandum Court Filing
MEMORANDUM by Chief Judge Lewis T. Babcock referring to Magistrate Judge Craig B. Shaffer the motion to compel [201-1], referring to Magistrate Judge Craig B. Shaffer the motion for leave to conduct the continued dep of non-party witness Judith Krieg [201-2] (dlb)
 203 Filed: 10/28/2003, Entered: 10/29/2003 Order Court Filing
MINUTE ORDER : by Magistrate Judge Craig B. Shaffer re: pla's motion for leave to conduct the continued dep of non-party witness Judith Krieg, dfts have to 11/13/03 to respond; reply purs to D.C.Colo.L.Civ.R. 7.1; and a hrg is set for [201-2] 3:30 11/21/03 (cc: all counsel) ; entry date : 10/29/03 (dlb)
 204 Filed: 10/30/2003, Entered: 10/30/2003 Affidavit/Return of Service
Amended RETURN OF SERVICE by plaintiff of motion to compel [201-1], motion for leave to conduct the continued dep of non-party witness Judith Krieg [201-2] (dlb)
 205 Filed: 10/30/2003, Entered: 10/30/2003, Terminated: 11/4/2003 Motion for Protective Order
MOTION by plaintiff Harvey Sender for protective order (dlb)
 206 Filed: 10/31/2003, Entered: 10/31/2003 Memorandum Court Filing
MEMORANDUM by Chief Judge Lewis T. Babcock referring to Magistrate Judge Craig B. Shaffer the motion for protective order [205-1] (dlb)
 207 Filed: 11/4/2003, Entered: 11/5/2003 Protective Order Court Filing
PROTECTIVE ORDER by Magistrate Judge Craig B. Shaffer : granting motion for protective order re: documents marked as pla's deposition exhibits 699 and 700 [205-1] (cc: all counsel) (dlb)
 208 Filed: 11/4/2003, Entered: 11/5/2003 Order Court Filing
ORDER TO SEAL DOCUMENTS IN PUBLIC RECORD by Magistrate Judge Craig B. Shaffer regarding [164-1] sealing Exhibit E to pla's motion to compel pro se dft William Jeffrey Mann to testify filed 8/11/03 (cc: all counsel) ; entry date : 11/5/03 (dlb)
 209 Filed: 11/6/2003, Entered: 11/7/2003 Motion to Strike
MOTION by dfts, Freeborn & Peters, Michael Sabian, Darwin J. Poyfair to strike portions of pla's expert report of Thomas C. Seawell and for atty fees (dlb)
 211 Filed: 11/6/2003, Entered: 11/7/2003 Reply to Response to Motion
REPLY by plaintiff Harvey Sender in support of motion to dismiss Leone Dfts' Amended Counterclaim (to motion for more definite statement from Leone dfts, and requesting dismissal of the amended counterclaims with prejudice for failure to state a claim) [198-1] (former empl)
 211 Filed: 11/6/2003, Entered: 11/7/2003 Response to Motion
RESPONSE by counter-defendant Harvey Sender to ("James' dfts) motion for default judgment (against Harvey Sender) on Amended Counterclaim [210-1] (former empl)
 210 Filed: 11/7/2003, Entered: 11/7/2003, Terminated: 6/4/2004 Motion for Default Judgment
MOTION by counter-claimant James R. Leone, P.A., counter-claimant James R. Leone for default judgment (against Harvey Sender) on Amended Counterclaim (former empl)
 210 Filed: 11/7/2003, Entered: 11/7/2003 Response to Motion
MEMORANDUM OPPOSING (RESPONSE) by defts James R. Leone, P.A., and James R. Leone to motion for more definite statement from Leone dfts, and requesting dismissal of the amended counterclaims with prejudice for failure to state a claim [198-1] (former empl)
 212 Filed: 11/10/2003, Entered: 11/10/2003 Response to Motion
RESPONSE by non-party Judith Krieg to motion to compel or for leave to conduct the continued deposition of Judith Krieg [201-1] (former empl)
 213 Filed: 11/10/2003, Entered: 11/12/2003, Terminated: 12/1/2003 Motion to Compel
MOTION by defendant Merkle & Magri to compel deposition of Laura Royal (former empl)
 214 Filed: 11/10/2003, Entered: 11/12/2003 Order Court Filing
MINUTE ORDER : by Chief Judge Lewis T. Babcock regarding [210-1] motion for default judgment (against Harvey Sender) on Amended Counterclaim: responses are due on or before 11/28/03 (cc: all counsel) ; entry date : 11/12/03 (former empl)
 215 Filed: 11/10/2003, Entered: 11/13/2003 Memorandum Court Filing
MEMORANDUM by Chief Judge Lewis T. Babcock referring to Magistrate Judge Craig B. Shaffer the motion to strike portions of pla's expert report of Thomas C. Seawell and for atty fees [209-1] (former empl)
 216 Filed: 11/18/2003, Entered: 11/19/2003 Response to Motion
RESPONSE by plaintiff Harvey Sender to motion to compel deposition of Laura Royal [213-1] (dlb)
 217 Filed: 11/20/2003, Entered: 11/20/2003 Response to Motion
RESPONSE by plaintiff Harvey Sender to dft's motion to strike portions of pla's expert report of Thomas C. Seawell and for atty fees [209-1] *large document (dlb)
 218 Filed: 11/21/2003, Entered: 11/25/2003 Minutes - Miscellaneous Court Filing
COURTROOM MINUTES by Magistrate Judge Craig B. Shaffer denying motion to compel [201-1], granting motion for leave to conduct the continued dep of non-party witness Judith Krieg [201-2] denying motion to strike portions of pla's expert report of Thomas C. Seawell and for atty fees [209-1] ; entry date : 11/25/03 Court Reporter: FTR CBS Ctrm 3 (dlb)
 219 Filed: 11/25/2003, Entered: 11/26/2003 Response
RESPONSE by plaintiff Harvey Sender to dft's motion for default judgment (against Harvey Sender) on Amended Counterclaim [210-1] (dlb)
 220 Filed: 11/28/2003, Entered: 11/28/2003, Terminated: 12/1/2003 Motion to Withdraw Document
MOTION by defendant Merkle & Magri to withdraw motion to compel deposition of Laura Royal [213-1] (dlb)
 221 Filed: 12/1/2003, Entered: 12/3/2003 Order Court Filing
MINUTE ORDER : by Magistrate Judge Craig B. Shaffer granting motion to withdraw motion to compel deposition of Laura Royal [213-1] [220-1], regarding [218-1] minutes, withdrawing motion to compel deposition of Laura Royal [213-1], denying motion to strike portions of pla's expert report of Thomas C. Seawell and for atty fees [209-1], denying and granting as stated motion to compel [201-1] (cc: all counsel) ; entry date : 12/3/03 (former empl)
 222 Filed: 12/4/2003, Entered: 12/8/2003 Motion for Protective Order
MOTION by plaintiff Harvey Sender for protective order(to quash deposition by written interrogatory of Laura Royal and allwoing to proceed by oral examination only) (former empl)
 223 Filed: 12/4/2003, Entered: 12/8/2003 Brief
Memorandum with Authorities (BRIEF FILED) by defendant James R. Leone, defendant James R. Leone, P.A. motion for default judgment (against Harvey Sender) on Amended Counterclaim [210-1], motion for more definite statement from Leone dfts, and requesting dismissal of the amended counterclaims with prejudice for failure to state a claim [198-1] (dlb)
 224 Filed: 12/5/2003, Entered: 12/8/2003 Memorandum Court Filing
MEMORANDUM by Chief Judge Lewis T. Babcock referring to Magistrate Judge Craig B. Shaffer the motion for protective order(to quash deposition by written interrogatory of Laura Royal and allwoing to proceed by oral examination only) [222-1] (dlb)
 225 Filed: 12/9/2003, Entered: 12/9/2003 Certificate of Mailing/Service
CERTIFICATE OF MAILING to Laura Royal, Office of the Comptroller, Florida Department of Financial SErvices, by plaintiff Harvey Sender motion for protective order(to quash deposition by written interrogatory of Laura Royal and allwoing to proceed by oral examination only) [222-1] (former empl)
 226 Filed: 12/12/2003, Entered: 12/12/2003, Terminated: 6/21/2004 Motion for Miscellaneous Relief
MOTION by defendant William Wells II for immediate release of interplead funds in accordance with indemnification obligation of LifeBlood Biomedical Inc. (former empl)
 227 Filed: 12/12/2003, Entered: 12/15/2003 Motion for Summary Judgment
MOTION by defts Freeborn & Peters, Michael Sabian, and Darwin J. Poyfair for summary judgment for lack of standing (former empl)
 228 Filed: 12/12/2003, Entered: 12/15/2003 Brief in Support of Motion
BRIEF by defts Freeborn & Peters, Michael Sabian, and Darwin J. Poyfair in support of motion for summary judgment for lack of standing [227-1] (former empl)
 229 Filed: 12/12/2003, Entered: 12/15/2003 Trial Exhibit
EXHIBITS by defts Freeborn & Peters, Michael Sabian and Darwin J. Poyfair to support brief [228-1] (former empl)
 230 Filed: 12/12/2003, Entered: 12/15/2003 Order Court Filing
MINUTE ORDER : by Chief Judge Lewis T. Babcock regarding [226-1] motion for immediate release of interplead funds in accordance with indemnification obligation of LifeBlood Biomedical Inc.: responses are due by 1/2/04 and any replies 10 days after (cc: all counsel) ; entry date : 12/15/03 (former empl)
 231 Filed: 12/15/2003, Entered: 12/16/2003 Order Court Filing
MINUTE ORDER : by Magistrate Judge Craig B. Shaffer regarding [222-1] motion for protective order(to quash deposition by written interrogatory of Laura Royal and allowing to proceed by oral examination only); dfts have until 12/24/03 to respond (to file reply refer to Local Rule 7.1) (cc: all counsel) ; entry date : 12/16/03 (former empl)
 232 Filed: 12/16/2003, Entered: 12/16/2003 Amended Document
AMENDED CERTIFICATRE OF SERVICE by defts Freeborn & Peters, Michael Sabian, Darwin J. Poyfair of exhibits [229-1], brief [228-1], motion for summary judgment for lack of standing [227-1] (former empl)
 233 Filed: 12/17/2003, Entered: 12/17/2003, Terminated: 12/24/2003 Motion to Amend/Correct/Modify
MOTION by plaintiff Harvey Sender, defendant William Wells II, defendant Freeborn & Peters, defendant Michael Sabian, defendant Darwin J. Poyfair, defendant Merkle & Magri, defendant James R. Leone, P.A., defendant James R. Leone, defendant Wm & Elaine Wells to discovery schedule ( schedule order [101-1]) by allowing Royal Krieg and Tragos depositions to be completed in Jan '2004, allowing pltf to withdraw pending motion for protective order without prejudice and reserving the rights and objections of the parties arising in connection with the Markle & Magri's notice of deposition of Laura Royal by written interrogatory) (former empl)
 234 Filed: 12/18/2003, Entered: 12/19/2003 Memorandum Court Filing
MEMORANDUM by Chief Judge Lewis T. Babcock referring to Magistrate Judge Craig B. Shaffer the motion to discovery schedule ( schedule order [101-1]) by allowing Royal Krieg and Tragos depositions to be completed in Jan '2004, allowing pltf to withdraw pending motion for protective order without prejudice and reserving the rights and objections of the parties arising in connection with the Markle & Magri's notice of deposition of Laura Royal by written interrogatory) [233-1] (former empl)
 235 Filed: 12/22/2003, Entered: 12/23/2003, Terminated: 1/16/2004 Motion to Compel
MOTION by defendant Freeborn & Peters, defendant Michael Sabian, defendant Darwin J. Poyfair to compel pltf to respond to third set of discovery, and request for expedited hearing (former empl)
 236 Filed: 12/22/2003, Entered: 12/23/2003, Terminated: 12/23/2003 Motion for Extension of Time
MOTION by plaintiff Harvey Sender to extend time in which to respond to Freeborn Dfts' motion for summary judgment (to and including 1/22/04) (former empl)
 237 Filed: 12/23/2003, Entered: 12/24/2003 Order Court Filing
MINUTE ORDER : by Magistrate Judge Craig B. Shaffer setting hearing on dft's motion to compel pltf to respond to third set of discovery, and request for expedited hearing [235-1] 2:30 1/13/04 (cc: all counsel) ; entry date : 12/24/03 (dlb)
 238 Filed: 12/23/2003, Entered: 12/24/2003 Order Court Filing
ORDER by Chief Judge Lewis T. Babcock granting pla's motion to extend time in which to respond to Freeborn Dfts' motion for summary judgment (to and including 1/22/04) [236-1], regarding [227-1] motion for summary judgment for lack of standing (cc: all counsel) ; entry date : 12/24/03 (dlb)
 239 Filed: 12/23/2003, Entered: 12/24/2003 Memorandum Court Filing
MEMORANDUM by Chief Judge Lewis T. Babcock referring to Magistrate Judge Craig B. Shaffer the motion to compel pltf to respond to third set of discovery, and request for expedited hearing [235-1] (dlb)
 240 Filed: 12/23/2003, Entered: 12/24/2003 Response to Motion
Objection (RESPONSE) by dfts, Darwin J. Poyfair, Michael Sabian, Freeborn & Peters to pla's motion to extend time in which to respond to Freeborn Dfts' motion for summary judgment (to and including 1/22/04) [236-1] (dlb)
 241 Filed: 12/24/2003, Entered: 12/26/2003 Order Court Filing
ORDER Modifying Discovery Schedule by Magistrate Judge Craig B. Shaffer granting stiplulated motion to modify discovery schedule order re: depositions as set forth in this Order [101-1], [233-1] (cc: all counsel) ; entry date : 12/26/03 (lam)
 242 Filed: 1/2/2004, Entered: 1/5/2004 Motion for Partial Summary Judgment
MOTION by plaintiff Harvey Sender for partial summary judgment against dft William Wells II and the William and Elaine Wells Family Ltd Partnership and for disbursement of funds (dlb)
 243 Filed: 1/2/2004, Entered: 1/5/2004 Brief in Support of Motion
BRIEF by plaintiff Harvey Sender in support of motion for partial summary judgment against dft William Wells II and the William and Elaine Wells Family Ltd Partnership [242-1], motion for disbursement of funds [242-2] *large document (dlb) Modified on 01/05/2004
 243 Filed: 1/2/2004, Entered: 1/5/2004 Response to Motion
Combined RESPONSE by plaintiff Harvey Sender to William Wells II's motion for immediate release of interplead funds in accordance with indemnification obligation of LifeBlood Biomedical Inc. [226-1] *large document (dlb) Modified on 01/05/2004
 244 Filed: 1/9/2004, Entered: 1/9/2004 Response to Motion
RESPONSE by plaintiff Harvey Sender to motion to compel pltf to respond to third set of discovery, and request for expedited hearing [235-1] (former empl)
 245 Filed: 1/13/2004, Entered: 1/15/2004 Minutes - Miscellaneous Court Filing
COURTROOM MINUTES by Magistrate Judge Craig B. Shaffer granting in part and denying in part dft Poyfair's motion to compel pltf to respond to third set of discovery [235-1] as stated on the record; regarding [101-1] schedule order ; disp mtn ddl set 1/31/04 ; pretrial conf set for 9:30 2/25/04 Ordered: to the extent that any portion of the motion to compel requested, under R 37, an award of fees and costs that portion is denied ; entry date : 1/15/04 Court Reporter: FTR Reporter Deck Courtroom 3 (former empl)
 246 Filed: 1/16/2004, Entered: 1/21/2004 Order Court Filing
MINUTE ORDER : by Magistrate Judge Craig B. Shaffer granting dft Freeborn & Peters, et al motion to compel pltf to respond to third set of discovery, and request for expedited hearing [235-1]. Pla must file all supplementation by 1/19/04 (cc: all counsel) ; entry date : 1/21/04 (gms)
 247 Filed: 1/21/2004, Entered: 1/21/2004 Transcript Court Filing
TRANSCRIPT of Motions Hearing on Jan 13'2004 before Magistrate Judge Craig B. Shaffer ( pages: 1-35) Prepared By: AveryWoodsReportingServiceInc (certified copy) (former empl)
 248 Filed: 1/21/2004, Entered: 1/21/2004 Order Court Filing
MINUTE ORDER : by Magistrate Judge Craig B. Shaffer regarding [101-1] schedule order ; pretrial conf set for 2/25/04 is vacated and reset for 11:00 2/27/04 (cc: all counsel) ; entry date : 1/21/04 (former empl)
 249 Filed: 1/21/2004, Entered: 1/22/2004, Terminated: 3/1/2004 Motion for Sanctions
MOTION by defts Freeborn & Peters, Michael Sabian, Darwin J. Poyfair for sanctions pursaunt to Rule 37(B)(2) for failing to comply with this Court's 1/13/04 Order (former empl)
 250 Filed: 1/22/2004, Entered: 1/22/2004 Memorandum Court Filing
MEMORANDUM by Chief Judge Lewis T. Babcock referring to Magistrate Judge Craig B. Shaffer the motion for sanctions pursaunt to Rule 37(B)(2) for failing to comply with this Court's 1/13/04 Order [249-1] (former empl) Modified on 01/28/2004
 251 Filed: 1/22/2004, Entered: 1/22/2004 Order Court Filing
MINUTE ORDER : by Magistrate Judge Craig B. Shaffer respoes due by 2/10/04 regarding [249-1] motion for sanctions pursaunt to Rule 37(B)(2) for failing to comply with this Court's 1/13/04 Order (cc: all counsel) ; entry date : 1/22/04 (former empl)
 252 Filed: 1/22/2004, Entered: 1/22/2004 Response to Motion
RESPONSE by plaintiff Harvey Sender to Freeborn dfts' motion for summary judgment for lack of standing [227-1] (former empl)
 253 Filed: 1/22/2004, Entered: 1/22/2004 Appendix
APPENDIX filed by plaintiff Harvey Sender to the motion response [252-1], IN OPPOSITION to Freeborn dfts motion for summary judgment for lack of standing [227-1] - VOLUME I of II - Exhibits 1-20, placed in Exhibit Area as oversized (2 -1/2", rubberbanded) (former empl)
 254 Filed: 1/22/2004, Entered: 1/22/2004 Appendix
APPENDIX filed by plaintiff Harvey Sender to their motion response [252-1], in opposition to Freeborn dfts' motion for summary judgment for lack of standing [227-1] ** VOLUME II of II - Exhibits 21-72 - placed in Exhibit Area as oversized (2 -1/2", rubberbanded) (former empl)
 255 Filed: 1/26/2004, Entered: 1/26/2004 Supplement/Amendment
SUPPLEMENT by defendant Merkle & Magri to notice [186-1] of statements made by Robert Merkle, deceased, pursuant to Rule 807 (former empl)
 256 Filed: 1/26/2004, Entered: 1/27/2004 Transcript Court Filing
TRANSCRIPT of Motions Hearing on Nov 21'2003 before Magistrate Judge Craig B. Shaffer ( pages: 1-38) Prepared By: Avery/WoodsReportingServiceInc (certified copy) (former empl)
 257 Filed: 1/28/2004, Entered: 1/30/2004, Terminated: 1/29/2004 Motion for Extension of Time
MOTION by defendant Freeborn & Peters, defendant Michael Sabian, defendant Darwin J. Poyfair to extend time to file their reply brief in support of motion for summary judgmetn to 2/16/04 (former empl)
 258 Filed: 1/29/2004, Entered: 1/30/2004 Order Court Filing
MINUTE ORDER : by Chief Judge Lewis T. Babcock granting to and including 2/16/04, "Poyfair dfts" motion to extend time to file their reply brief in support of motion for summary judgmetn to 2/16/04 [257-1], regarding [227-1] motion for summary judgment for lack of standing (cc: all counsel) ; entry date : 1/30/04 (former empl)
 259 Filed: 1/30/2004, Entered: 1/30/2004, Terminated: 6/4/2004 Motion for Summary Judgment
MOTION (with authorities) by defendant Merkle & Magri for summary judgment as to Counts 32 and 33 (former empl)
 260 Filed: 1/30/2004, Entered: 1/30/2004 Appendix
APPENDIX filed by defendant Merkle & Magri to motion for summary judgment as to Counts 32 and 33 [259-1] **Exhibits 1-21 rubberbanded, approximately 1- 3/4" placed in Exhibit Area (former empl) Modified on 01/30/2004
 261 Filed: 1/30/2004, Entered: 2/3/2004 Motion for Summary Judgment
MOTION by defendants Freeborn & Peters, Michael Sabian, Darwin J. Poyfair for summary judgment (as a matter of law, liability, prejudgment interest and punitive damages) (former empl)
 262 Filed: 1/30/2004, Entered: 2/3/2004 Brief in Support of Motion
BRIEF IN SUPPORT OF MOTION FOR SUMMARY JDUGMENT ON PUNITIVE DAMAGES by defts Freeborn & Peters, Michael Sabian, Darwin J. Poyfair in support of motion for summary judgment (as a matter of law, liability, prejudgment interest and punitive damages) [261-1] (former empl)
 263 Filed: 1/30/2004, Entered: 2/3/2004 Brief in Support of Motion
BRIEF IN SUPPORT OF MOTION FOR SUMMARY JDUGMENT PREJUDMGENT INTEREST by defendants Freeborn & Peters, Michael Sabian, Darwin J. Poyfair in support of motion for summary judgment (as a matter of law, liability, prejudgment interest and punitive damages) [261-1] (former empl)
 264 Filed: 1/30/2004, Entered: 2/3/2004 Brief in Support of Motion
BRIEF IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT (LIABILITY) by defts Freeborn & Peters, Michael Sabian, Darwin J. Poyfair in support of motion for summary judgment (as a matter of law, liability, prejudgment interest and punitive damages) [261-1] (former empl)
 265 Filed: 1/30/2004, Entered: 2/3/2004 Trial Exhibit
EXHIBITS A1 thru A39 filed by defts Freeborn & Peters, Michael Sabian, Darwin J. Poyfair to support brief [264-1], to brief [263-1], to brief [262-1], to motion for summary judgment (as a matter of law, liability, prejudgment interest and punitive damages) [261-1] ** approximately 3 1/2" in thickness, rubberbanded together, placed in the Exhibit Area (former empl)
 266 Filed: 2/5/2004, Entered: 2/5/2004, Terminated: 2/6/2004 Motion for Extension of Time
MOTION by plaintiff Harvey Sender to extend time to 3/5/04 to respond to Freeborn dfts and Merkle & Magri's motions for summary judgment (former empl)
 267 Filed: 2/5/2004, Entered: 2/9/2004, Terminated: 2/6/2004 Motion to Strike
MOTION by plaintiff Harvey Sender to strike Leone dfts' motion for summary judgment *motion not yet filed (former empl)
 268 Filed: 2/6/2004, Entered: 2/9/2004 Order Court Filing
ORDER by Chief Judge Lewis T. Babcock denying without prejudice Sender's motion to strike Leone dfts' motion for summary judgment [267-1] (cc: all counsel) ; entry date : 2/9/04 (former empl)
 270 Filed: 2/6/2004, Entered: 2/9/2004 Order Court Filing
ORDER by Chief Judge Lewis T. Babcock granting pltf's motion to extend time to 3/5/04 to respond to Freeborn dfts and Merkle & Magri's motions for summary judgment [266-1], regarding [261-1] motion for summary judgment (as a matter of law, liability, prejudgment interest and punitive damages), regarding [259-1] motion for summary judgment as to Counts 32 and 33 (cc: all counsel) ; entry date : 2/9/04 (former empl)
 269 Filed: 2/9/2004, Entered: 2/9/2004, Terminated: 6/4/2004 Motion for Summary Judgment
MOTION by defendant James R. Leone, P.A., James R. Leone for summary judgment with memorandum of law on Cts 2,7,11,13,14,20,24,26,28,31,32,33&34 of Amended Complaint (former empl)
 271 Filed: 2/9/2004, Entered: 2/10/2004 Response to Motion
RESPONSE by plaintiff Harvey Sender to motion for sanctions pursaunt to Rule 37(B)(2) for failing to comply with this Court's 1/13/04 Order [249-1] (former empl)
 272 Filed: 2/10/2004, Entered: 2/12/2004 Motion to Strike
MOTION by plaintiff Harvey Sender to strike Leone dfts' motion for summary judgment with memorandum of law on Cts 2,7,11,13,14,20,24,26,28,31,32,33&34 of Amended Complaint [269-1] (former empl)
 273 Filed: 2/11/2004, Entered: 2/13/2004 Order Court Filing
MINUTE ORDER : by Chief Judge Lewis T. Babcock: giving the Leone dfts until 2/26/04 to respond regarding [272-1] ptfs' motion to strike Leone dfts' motion for summary judgment with memorandum of law on Cts 2,7,11,13,14,20,24,26,28,31,32,33&34 of Amended Complaint [269-1] (cc: all counsel) ; entry date : 2/13/04 (former empl)
 274 Filed: 2/11/2004, Entered: 2/13/2004 Order Court Filing
ORDER signed 2/11/04 by Chief Judge Lewis T. Babcock granting motion for leave to file second amended complaint, amended complaint [2-1], complaint [1-1] [130-1] (cc: all counsel) ; entry date : 2/13/04 (former empl)
 275 Filed: 2/11/2004, Entered: 2/13/2004 Reply to Response to Motion
REPLY by defts Freeborn & Peters, Michael Sabian, Darwin J. Poyfair to response to motion for sanctions pursaunt to Rule 37(B)(2) for failing to comply with this Court's 1/13/04 Order [249-1] (former empl)
 333 Filed: 2/11/2004, Entered: 4/5/2004 Amended Complaint
2nd AMENDED COMPLAINT [2-1], [1-1] by plaintiff; jury demand (gms)
 276 Filed: 2/17/2004, Entered: 2/18/2004, Terminated: 2/17/2004 Motion for Leave
Unopposed MOTION by defts Freeborn & Peters, Michael Sabian, Darwin J. Poyfair for leave to file reply brief in support of their motion for summary judgment (former empl)
 277 Filed: 2/17/2004, Entered: 2/18/2004 Order Court Filing
ORDER by Chief Judge Lewis T. Babcock granting to and including 2/19/04, unopposed motion for leave to file reply brief in support of their motion for summary judgment [276-1], regarding [261-1] motion for summary judgment (as a matter of law, liability, prejudgment interest and punitive damages) (cc: all counsel) ; entry date : 2/18/04 (former empl)
 278 Filed: 2/19/2004, Entered: 2/19/2004, Terminated: 2/23/2004 Motion for Extension of Time
MOTION by plaintiff Harvey Sender to extend time to file final pretrial order to 2/24/04 (former empl)
 279 Filed: 2/19/2004, Entered: 2/20/2004 Reply to Response to Motion
REPLY by defendants Freeborn & Peters, Michael Sabian, Darwin J. Poyfair to response to their motion for summary judgment for lack of standing [227-1] (former empl)
 280 Filed: 2/19/2004, Entered: 2/20/2004 Memorandum Court Filing
MEMORANDUM by Chief Judge Lewis T. Babcock referring to Magistrate Judge Craig B. Shaffer the motion to extend time to file final pretrial order to 2/24/04 [278-1] (former empl)
 281 Filed: 2/23/2004, Entered: 2/24/2004 Order Court Filing
ORDER by Magistrate Judge O. E. Schlatter granting motion to extend time to file final pretrial order to 2/24/04 [278-1] (cc: all counsel) ; entry date : 2/24/04 (former empl)
 282 Filed: 2/24/2004, Entered: 2/24/2004, Terminated: 2/25/2004 Motion to Withdraw as Attorney
MOTION by defendant William Wells II, defendant Wells Fam Ltd Part, defendant Wm & Elaine Wells to withdraw as attorney by Daniel N. Brodersen (former empl)
 283 Filed: 2/25/2004, Entered: 2/26/2004 Order Court Filing
ORDER by Chief Judge Lewis T. Babcock denying without prejudice motion to withdraw as attorney by Daniel N. Brodersen [282-1] (cc: all counsel) ; entry date : 2/26/04 (former empl)
 284 Filed: 2/25/2004, Entered: 2/26/2004 Statement
STATEMENT Regarding Lack of Certain Dfts' Signatyures on Final Pretrial Order by plaintiff Harvey Sender (former empl)
 285 Filed: 2/26/2004, Entered: 3/1/2004 Response
FAX RESPONSE by defendant James R. Leone, P.A., defendant James R. Leone to statement [284-1] (former empl)
 286 Filed: 2/27/2004, Entered: 3/2/2004 Request
Facsimile Cover Sheet with time 2/26/04 at 22:53 (REQUEST) by defendant James R. Leone citing subject matter: "Emergency Motion to Appear by Telephone [at the conference 2/27/04 at 11:00 am] (former empl)
 294 Filed: 2/27/2004, Entered: 3/3/2004 Minutes - Miscellaneous Court Filing
COURTROOM MINUTES by Magistrate Judge Craig B. Shaffer pretrial discussed, Order: any motion re deposition preservation due by 3/8/04, Order: ptc continued to 1:00 pm 2/27/04 ; entry date : 3/3/04 Court Reporter: FTR Reporter Courtroom 3 (former empl)
 313 Filed: 2/27/2004, Entered: 3/11/2004 Minutes - Miscellaneous Court Filing
COURTROOM MINUTES by Magistrate Judge Craig B. Shaffer denying motion for sanctions pursaunt to Rule 37(B)(2) for failing to comply with this Court's 1/13/04 Order [249-1] regarding [101-1] schedule order final pretrial order entered ; entry date : 3/11/04 Court Reporter: FTR Reporter Deck Courtroom 3 (former empl)
 287 Filed: 3/1/2004, Entered: 3/2/2004, Terminated: 3/1/2004 Motion for Extension of Time
MOTION by defendant James R. Leone, P.A., defendant James R. Leone "to enlarge time to allow an extension if and to the exten deemed necessary for the motion for summary judgment and brief to be deemed timely served and filed] (former empl)
 288 Filed: 3/1/2004, Entered: 3/2/2004 Brief in Opposition to Motion
MEMORANDUM (BRIEF) by defendants James R. Leone, P.A., James R. Leone in opposition to motion to strike Leone dfts' motion for summary judgment with memorandum of law on Cts 2,7,11,13,14,20,24,26,28,31,32,33&34 of Amended Complaint [269-1] [272-1] (former empl)
 289 Filed: 3/1/2004, Entered: 3/2/2004 Order Court Filing
MINUTE ORDER : by Magistrate Judge Craig B. Shaffer denying motion for sanctions pursuant to Rule 37(B)(2) for failing to comply with this Court's 1/13/04 Order [249-1] and Ordering pltf to supplement his respones to Freeborn Dfts' Second Set of Discovery; ; further final pretrial conf set for 10:00 3/22/04 and all counsel and parties must be personally present (cc: all counsel) ; entry date : 3/2/04 (former empl)
 290 Filed: 3/1/2004, Entered: 3/2/2004 Motion to Withdraw as Attorney
MOTION by defendant William Wells II, defendant Wm & Elaine Wells to withdraw as attorney without prejudice as to prior claim for attorney's fees by Daniel N. Brodersen, Esq. (former empl)
 291 Filed: 3/1/2004, Entered: 3/2/2004 Order Court Filing
MINUTE ORDER : by Chief Judge Lewis T. Babcock denying without prejudice dfts' Leone's motion "to enlarge time to allow an extension if and to the exten deemed necessary for the motion for summary judgment and brief to be deemed timely served and filed] [287-1] (cc: all counsel) ; entry date : 3/2/04 (former empl)
 295 Filed: 3/1/2004, Entered: 3/3/2004 Order Court Filing
MINUTE ORDER : by Chief Judge Lewis T. Babcock regarding [101-1] schedule order ; status conf set for 8:00 4/21/04 ; jury trial set 5/17/04 is vacated and final trial prep conference converted to status conf on 4/21/04 (cc: all counsel) ; entry date : 3/3/04 (former empl)
 292 Filed: 3/2/2004, Entered: 3/2/2004 Notice (Other)
NOTICE by defendant James R. Leone, P.A., defendant James R. Leone of NOTICE OF FILING OF OBJECTIONS (pretrial order Objections) (former empl)
 293 Filed: 3/2/2004, Entered: 3/2/2004, Terminated: 4/1/2004 Motion for Leave
ORIGINAL OF THE (Fax filed) MOTION by defendant James R. Leone, P.A., defendant James R. Leone for leave to attend 2/27/04 hearing by phone (former empl)
 296 Filed: 3/2/2004, Entered: 3/3/2004 Memorandum Court Filing
MEMORANDUM by Chief Judge Lewis T. Babcock referring to Magistrate Judge Craig B. Shaffer the motion for leave to attend 2/27/04 hearing by phone [293-1] (former empl)
 297 Filed: 3/4/2004, Entered: 3/5/2004, Terminated: 3/5/2004 Motion for Order
MOTION by plaintiff Harvey Sender for order excusing pltf Harvey Sender from attendance at the final pretrial conference on 3/22/04 (former empl)
 298 Filed: 3/4/2004, Entered: 3/5/2004 Memorandum Court Filing
MEMORANDUM by Chief Judge Lewis T. Babcock referring to Magistrate Judge Craig B. Shaffer the motion for order excusing pltf Harvey Sender from attendance at the final pretrial conference on 3/22/04 [297-1] (former empl)
 324 Filed: 3/4/2004, Entered: 3/19/2004 Minutes - Miscellaneous Court Filing
COURTROOM MINUTES -Status Conference- by Magistrate Judge Craig B. Shaffer regarding [101-1] schedule order ; pto ddl set for 4/6/04 ; pretrial conf set for 9:00 4/9/04 ; entry date : 3/19/04 Court Reporter: FTR Reporter Deck Courtroom 3 (former empl)
 299 Filed: 3/5/2004, Entered: 3/8/2004 Order Court Filing
ORDER signed 3/5/04 by Magistrate Judge Craig B. Shaffer granting motion for order excusing pltf Harvey Sender from attendance at the final pretrial conference on 3/22/04 [297-1] (cc: all counsel) ; entry date : 3/8/04 (former empl)
 300 Filed: 3/5/2004, Entered: 3/8/2004, Terminated: 3/8/2004 Motion for Extension of Time
Jont MOTION by plaintiff Harvey Sender, defendant Merkle & Magri to enter order extending time for pltf to respond to Merkle & Magri's motion for summary judgment to 3/19/04 (former empl)
 301 Filed: 3/5/2004, Entered: 3/8/2004 Response to Motion
RESPONSE by plaintiff Harvey Sender to Freeborn dfts' motion for summary judgment (as a matter of law, liability, prejudgment interest and punitive damages) [261-1] (former empl)
 302 Filed: 3/5/2004, Entered: 3/8/2004 Appendix
APPENDIX IN OPPOSITION - VOLUME 1 OF 4 - Exhibit 1 filed by pltf Harvey Sender to Freeborn dfts' motion to enter order extending time for pltf to respond to Merkle & Magri's motion for summary judgment to 3/19/04 [300-1], to motion for summary judgment (as a matter of law, liability, prejudgment interest and punitive damages) [261-1] - the 4 appendices are approximately 17" worth of paper and are contained in a box in the Exhibit area a box in the (former empl)
 303 Filed: 3/5/2004, Entered: 3/8/2004 Appendix
APPENDIX in Opposition - Volume 2 of 4 Exhibits 2-37 filed by plaintiff Harvey Sender filed with the motion response [301-1], to motion for summary judgment (as a matter of law, liability, prejudgment interest and punitive damages) [261-1] 88 Appendices 1-4 are approximately 17" deep worth of papers and are filed in a box in the Exhibit Room (former empl)
 304 Filed: 3/5/2004, Entered: 3/8/2004 Appendix
APPENDIX IN OPPOSITION - Volume 3 of 4 - Exhibits 38-96 filed by plaintiff Harvey Sender with the motion response [301-1], to Freeborn dfts' motion for summary judgment (as a matter of law, liability, prejudgment interest and punitive damages) [261-1] **appencies total approximately 17" worth of paper and are in a box in the Exhibit Area (former empl) Modified on 03/08/2004
 305 Filed: 3/5/2004, Entered: 3/8/2004 Appendix
APPENDIX in OPPOSITION Volume 4 of 4 - Exhibits 97-142 filed by plaintiff Harvey Sender with the motion response [301-1], to Freeborn dfts' motion for summary judgment (as a matter of law, liability, prejudgment interest and punitive damages) [261-1] ** the appendices total approximately 17" worth of paper and are in a box in the Exhibit Room (former empl)
 306 Filed: 3/5/2004, Entered: 3/8/2004 Motion for Leave
MOTION by plaintiff Harvey Sender for leave to file Exhibit 55 to Pltf's Response to the Freeborn Dfts' Motions for Summary Judgment UNDER SEAL ** Exhibit 55 was not included (former empl)
 307 Filed: 3/8/2004, Entered: 3/8/2004, Terminated: 3/15/2004 Trial Exhibit
EXHIBIT 55 tendered UNDER SEAL by plaintiff Harvey Sender to motion for leave to file Exhibit 55 to Pltf's Response to the Freeborn Dfts' Motions for Summary Judgment UNDER SEAL [306-1] (former empl)
 308 Filed: 3/8/2004, Entered: 3/8/2004 Order Court Filing
MINUTE ORDER : by Chief Judge Lewis T. Babcock granting motion to enter order extending time for pltf to respond to Merkle & Magri's motion for summary judgment to 3/19/04 [300-1] (cc: all counsel) ; entry date : 3/8/04 (former empl)
 309 Filed: 3/8/2004, Entered: 3/9/2004, Terminated: 4/1/2004 Motion to Withdraw as Attorney
Amended MOTION by Daniel N. Brodersen counsel for defendant William Wells II, defendant Wm Elaine Wells, defendant Wells Fam Ltd Part by Daniel N. Brodersen to withdraw as counsel of record for "Wells" dfts without prejudice as to prior claim for attorney's fees (former empl) Modified on 03/09/2004
 310 Filed: 3/8/2004, Entered: 3/9/2004 Notice (Other)
NOTICE OF PROPOSED WITHDRAWAL OF COUNSEL by Daniel Brodersen by defendant William Wells II, defendant Wells Fam Ltd Part, defendant Wm & Elaine Wells re: motion to withdraw as counsel of record for "Wells" dfts without prejudice as to prior claim for attorney's fees [309-1] (former empl)
 311 Filed: 3/9/2004, Entered: 3/9/2004, Terminated: 3/16/2004 Motion for Leave
MOTION by defendant James R. Leone, P.A., defendant James R. Leone to appear by telephone 3/22/04 at 10:00 (former empl)
 312 Filed: 3/9/2004, Entered: 3/10/2004 Memorandum Court Filing
MEMORANDUM by Chief Judge Lewis T. Babcock referring to Magistrate Judge Craig B. Shaffer the motion to appear by telephone 3/22/04 at 10:00 [311-1] (former empl)
 314 Filed: 3/10/2004, Entered: 3/12/2004 Supplement/Amendment
SUPPLEMENT by plaintiff Harvey Sender to the motion response [301-1], to Freeborn Dfts' motion for summary judgment (as a matter of law, liability, prejudgment interest and punitive damages) [261-1] (former empl)
 315 Filed: 3/12/2004, Entered: 3/12/2004 Transcript Court Filing
TRANSCRIPT of Final Pretrial Conference on February 27'2004 before Magistrate Judge Craig B. Shaffer ( pages: 1-80) Prepared By: Avery/WoodsReportingServiceInc (certified copy) (former empl)
 316 Filed: 3/15/2004, Entered: 3/15/2004 Order Court Filing
ORDER signed 3/15/04 by Chief Judge Lewis T. Babcock granting motion to file exhibit 55 to pltf's response to Freeborn dfts' motions for summary judgment UNDER SEAL exhibits [307-1] (cc: all counsel) ; entry date : 3/15/04 (former empl)
 317 Filed: 3/15/2004, Entered: 3/17/2004, Terminated: 3/16/2004 Motion for Leave
MOTION by defendant William Wells II, defendant Wells Fam Ltd Part, defendant Wm & Elaine Wells for leave to appear at the final pretrial conference via telephone (former empl)
 318 Filed: 3/15/2004, Entered: 3/17/2004 Memorandum Court Filing
MEMORANDUM by Chief Judge Lewis T. Babcock referring to Magistrate Judge Craig B. Shaffer the motion for leave to appear at the final pretrial conference via telephone [317-1] (former empl)
 319 Filed: 3/16/2004, Entered: 3/17/2004, Terminated: 3/17/2004 Motion for Extension of Time
Unopposed MOTION by defendant Freeborn & Peters, defendant Michael Sabian, defendant Darwin J. Poyfair to extend time to 4/9/04 to file reply to their motions for summary judgment (former empl)
 320 Filed: 3/16/2004, Entered: 3/17/2004 Order Court Filing
MINUTE ORDER : by Magistrate Judge Craig B. Shaffer granting "Wells..." motion for leave to appear at the final pretrial conference via telephone [317-1] (cc: all counsel) ; entry date : 3/17/04 (former empl)
 321 Filed: 3/16/2004, Entered: 3/17/2004 Order Court Filing
MINUTE ORDER : by Magistrate Judge Craig B. Shaffer granting motion to appear by telephone 3/22/04 at 10:00 [311-1] (cc: all counsel) ; entry date : 3/17/04 (former empl)
 322 Filed: 3/16/2004, Entered: 3/17/2004 Order Court Filing
MINUTE ORDER : by Chief Judge Lewis T. Babcock regarding [101-1] schedule order, at oral request of counsel ; status conf set 4/21/04 is vacated and reset for 8:30 5/20/04 (cc: all counsel) ; entry date : 3/17/04 (former empl)
 323 Filed: 3/17/2004, Entered: 3/17/2004 Order Court Filing
ORDER signed 3/17/04 by Chief Judge Lewis T. Babcock granting motion to extend time to 4/9/04 to file reply to their motions for summary judgment [319-1], regarding [261-1] motion for summary judgment (as a matter of law, liability, prejudgment interest and punitive damages) (cc: all counsel) ; entry date : 3/17/04 (former empl)
 325 Filed: 3/17/2004, Entered: 3/19/2004 Order Court Filing
MINUTE ORDER : by Magistrate Judge Craig B. Shaffer regarding [101-1] schedule order ; pto ddl set for 4/6/04 ; pretrial conf set for 9:00 4/9/04 (cc: all counsel) ; entry date : 3/19/04 (former empl)
 326 Filed: 3/18/2004, Entered: 3/19/2004 Response to Motion
RESPONSE by plaintiff Harvey Sender to Merkle & Magri's motion for summary judgment as to Counts 32 and 33 [259-1] (former empl)
 327 Filed: 3/18/2004, Entered: 3/19/2004 Appendix
APPENDIX filed by plaintiff Harvey Sender to motion response [326-1] and in opposition to Merkel & Magri's motion for summary judgment as to Counts 32 and 33 [259-1] (former empl)
 328 Filed: 3/31/2004, Entered: 4/2/2004, Terminated: 4/1/2004 Motion to Continue
MOTION by plaintiff to enter and continue dft William Jeffrey Mann's Trial Subpoena (gms)
 329 Filed: 4/1/2004, Entered: 4/2/2004 Order Court Filing
ORDER by Chief Judge Lewis T. Babcock granting motion by Daniel N. Brodersen to withdraw as counsel of record for "Wells" dfts without prejudice as to prior claim for attorney's fees [309-1] attorney Daniel N. Brodersen for Wm & Elaine Wells, finding the motion to withdraw as attorney without prejudice as to prior claim for attorney's fees by Daniel N. Brodersen, Esq. [290-1] moot (cc: all counsel) ; entry date : 4/2/04 (erv)
 330 Filed: 4/1/2004, Entered: 4/2/2004 Order Court Filing
ORDER by Chief Judge Lewis T. Babcock granting motion to enter and continue dft William Jeffrey Mann's Trial Subpoena to and incl the amended trial date in this matter [328-1] (cc: all counsel) ; entry date : 4/2/04 (erv)
 331 Filed: 4/1/2004, Entered: 4/2/2004 Notice of Change of Address
NOTICE of Change of firm name of Wheeler Trigg Kennedy LLP by defendants Freeborn & Peters, Michael Sabian, Darwin J. Poyfair (bpm)
 332 Filed: 4/1/2004, Entered: 4/2/2004 Order Court Filing
MINUTE ORDER : by Magistrate Judge Craig B. Shaffer denying without prejudice motion for leave to attend 2/27/04 hearing by phone [293-1] (cc: all counsel) ; entry date : 4/2/04 (bpm)
 334 Filed: 4/2/2004, Entered: 4/5/2004, Terminated: 4/5/2004 Motion for Extension of Time
Unopposed second MOTION by defendant Darwin J. Poyfair, defendant Michael Sabian, defendant Freeborn & Peters to extend time in which to file a reply in support of motions for Sum Jgm to and incl 4/23/04 (erv)
 335 Filed: 4/5/2004, Entered: 4/6/2004 Motion to Strike
MOTION by dfts Darwin J. Poyfair, Michael Sabian, Freeborn & Peters to strike & preclude pla's witnesses & exhibits not previously or properly disclosed (gms) (Modified on 11/8/2004. Motion terminated in error.) (gms, ).
 336 Filed: 4/5/2004, Entered: 4/6/2004 Order Court Filing
MINUTE ORDER : by Magistrate Judge Craig B. Shaffer regarding [329-1] order of 4/1/04. Until submission of an atty licensed to practice in CO, dft William Wells, II is considered pr se. William and Elaine Wells Family Ltd Partnership cannot appear w/o counsel. (cc: all counsel) ; entry date : 4/6/04 (gms)
 337 Filed: 4/5/2004, Entered: 4/6/2004, Terminated: 4/7/2004 Motion for Extension of Time
Unopposed MOTION by defendant Merkle & Magri to extend time in which to file reply in support of Motion for Sum Jgm to and incl 4/19/04 (erv)
 338 Filed: 4/5/2004, Entered: 4/6/2004 Order Court Filing
ORDER by Chief Judge Lewis T. Babcock granting motion to extend time in which to file a reply in support of motions for Sum Jgm to and incl 4/23/04 [334-1] (cc: all counsel) ; entry date : 4/6/04 (erv)
 340 Filed: 4/6/2004, Entered: 4/7/2004 Memorandum Court Filing
MEMORANDUM by Chief Judge Lewis T. Babcock referring to Magistrate Judge Craig B. Shaffer the motion to strike & preclude pla's witnesses & exhibits not previously or properly disclosed [335-1] (bpm)
 339 Filed: 4/7/2004, Entered: 4/7/2004 Order Court Filing
ORDER by Chief Judge Lewis T. Babcock granting Merkle & Magri's motion to extend time in which to file reply in support of Motion for Sum Jgm to and incl 4/19/04 [337-1] (cc: all counsel) ; entry date : 4/7/04 (erv)
 341 Filed: 4/9/2004, Entered: 4/12/2004 Supplement/Amendment
SUPPLEMENT by defendant Darwin J. Poyfair, defendant Michael Sabian, defendant Freeborn & Peters to motion to strike & preclude pla's witnesses & exhibits not previously or properly disclosed [335-1] (erv)
 342 Filed: 4/9/2004, Entered: 4/12/2004 Objections
OBJECTIONS and Substitutions to Proposed PTO by defendant James R. Leone, defendant James R. Leone, P.A. to (erv)
 352 Filed: 4/9/2004, Entered: 4/19/2004 Minutes - Miscellaneous Court Filing
COURTROOM MINUTES by Magistrate Judge Craig B. Shaffer ; pretrial conf held 4/9/04 ; updated final pto ddl set for 5/14/04 Pla's deadline to respond to dft's [349-1] motion to strike and preclude evidence not disclosed to Leone, [335-1] motion to strike & preclude pla's witnesses & exhibits not previously or properly disclosed is extended to 4/26/04. Dfts' reply due w/in 15 days as allowed by local rule. Pla to produce updated witness lists by 4/26/04. Any motions in limine shall be filed by 4/14/04. Status/motions hearing set 5/18/04 at 9:30 ; entry date : 4/19/04 Court Reporter: FTR (gms)
 343 Filed: 4/12/2004, Entered: 4/12/2004 Order Court Filing
MINUTE ORDER : by Magistrate Judge Craig B. Shaffer regarding Dfts [335-1] motion to strike & preclude pla's witnesses & exhibits not previously or properly disclosed; Pla shall have to and incl 4/26/04 to respond ; status conf reset for 9:30 5/18/04 ; Deadlines for parties to submit an amended proposed PTO is on or before 5/14/04 (cc: all counsel) ; date : 4/12/04 (erv)
 344 Filed: 4/13/2004, Entered: 4/14/2004 Status Report Court Filing
STATUS REPORT by defendant William Wells II at the request of Magistrate Judge Shaffer (erv)
 345 Filed: 4/13/2004, Entered: 4/14/2004, Terminated: 4/20/2004 Motion for Order
MOTION by defendant William Wells II for order to appear at the Status Conf Via Telephone (erv)
 346 Filed: 4/14/2004, Entered: 4/15/2004 Motion to Bifurcate
MOTION by plaintiff Harvey Sender to bifurcate the trial (erv)
 347 Filed: 4/14/2004, Entered: 4/15/2004, Terminated: 1/10/2005 Motion to Strike
MOTION by plaintiff Harvey Sender to strike designations of Lindquist & Vennum P.L.L.P. Attorneys as Trial Witnesses (erv) (Modified on 11/8/2004. Motion was terminated in error) (gms, ).
 348 Filed: 4/14/2004, Entered: 4/15/2004 Motion for Leave
MOTION by plaintiff Harvey Sender for leave to Conduct Trial Testimony by Contemporaneous Transmission or, Alternatively, for leave to conduct preservation ( de bene esse) Depositions (erv)
 349 Filed: 4/14/2004, Entered: 4/15/2004 Motion to Strike
MOTION by defendant James R. Leone, P.A., defendant James R. Leone to strike and preclude evidence not disclosed to Leone (erv)
 350 Filed: 4/15/2004, Entered: 4/16/2004 Memorandum Court Filing
MEMORANDUM by Chief Judge Lewis T. Babcock referring to Magistrate Judge Craig B. Shaffer the motion to strike and preclude evidence not disclosed to Leone [349-1] (erv)
 351 Filed: 4/15/2004, Entered: 4/16/2004 Memorandum Court Filing
MEMORANDUM by Chief Judge Lewis T. Babcock referring to Magistrate Judge Craig B. Shaffer the motion to strike designations of Lindquist & Vennum P.L.L.P. Attorneys as Trial Witnesses [347-1] (erv)
 353 Filed: 4/15/2004, Entered: 4/19/2004 Memorandum Court Filing
MEMORANDUM by Chief Judge Lewis T. Babcock referring to Magistrate Judge Craig B. Shaffer the motion to strike and preclude evidence not disclosed to Leone [349-1] (gms)
 354 Filed: 4/16/2004, Entered: 4/19/2004 Order Court Filing
MINUTE ORDER : by Magistrate Judge Craig B. Shaffer Responses are due 5/4/04 and replies due 5/13/04 to pla's [347-1] motion to strike designations of Lindquist & Vennum P.L.L.P. Attorneys as Trial Witnesses and dft Leone's [349-1] motion to strike and preclude evidence not disclosed to Leone (cc: all counsel) ; entry date : 4/19/04 (gms)
 355 Filed: 4/19/2004, Entered: 4/20/2004 Motion for Extension of Time
2nd Unopposed MOTION by defendant Merkle & Magri for extension of time ot file reply in support of motion for sum jgm to 5/3/04 (gms)
 356 Filed: 4/20/2004, Entered: 4/21/2004 Order Court Filing
MINUTE ORDER : by Chief Judge Lewis T. Babcock granting Dft Well's motion for order to appear at the Status Conf Via Telephone [345-1] granting Dft Merkle & Magri's motion for extension of time ot file in support of motion for sum jgm to 5/3/04 [355-1] (cc: counsel) ; entry date : 4/21/04 (erv)
 357 Filed: 4/20/2004, Entered: 4/21/2004 Order Court Filing
MINUTE ORDER : by Magistrate Judge Craig B. Shaffer regarding [335-1] motion to strike & preclude pla's witnesses & exhibits not previously or properly disclosed ; in court hrg set for 9:30 5/18/04 ; Response due 4/26/04; Reply is due 5/11/04 (cc: all counsel) ; entry date : 4/21/04 (erv)
 358 Filed: 4/23/2004, Entered: 4/26/2004 Motion to Strike
Renewed MOTION by dfts Freeborn & Peters, Michael Sabian, Darwin J. Poyfair to strike portions of pla's expert report of Thomas Seawell , and for attorney fees (gms)
 359 Filed: 4/23/2004, Entered: 4/26/2004 Motion to Strike
MOTION by dfts Freeborn & Peters, Michael Sabian, Darwin J. Poyfair to strike pla's response to their motion for sum jgm or in the alternative to strike all inadmissible exhibits attached to pla's response [301-1] (gms)
 360 Filed: 4/23/2004, Entered: 4/26/2004 Reply to Response to Motion
REPLY by dfts Freeborn & Peters, Michael Sabian, Darwin J. Poyfair to response to motion for summary judgment ( prejudgment interest) [261-1] (gms)
 361 Filed: 4/23/2004, Entered: 4/26/2004 Reply to Response to Motion
REPLY by dfts Freeborn & Peters, Michael Sabian, Darwin J. Poyfair to response to motion for summary judgment ( liability and punitive damages) [261-1] (gms)
 362 Filed: 4/26/2004, Entered: 4/27/2004 Order Court Filing
MINUTE ORDER : by Chief Judge Lewis T. Babcock regarding Dfts Darwin Poyfair, Michael Sabian and Freeborn & Peters LLP's [359-1] motion to strike pla's response to their motion for sum jgm or in the alternative to strike all inadmissible exhibits attached to pla's response [301-1] Plas' have up to and incl 5/13/04 to file a response; Dfts' have to and incl 5/24/04 to file a reply(cc: all counsel) ; entry date : 4/27/04 (erv)
 363 Filed: 4/26/2004, Entered: 4/27/2004 Response to Motion
RESPONSE by plaintiff Harvey Sender to Freeborn Dfts' motion to strike pla's response to their motion for sum jgm or in the alternative to strike all inadmissible exhibits attached to pla's response [301-1] [359-1] (erv)
 366 Filed: 4/26/2004, Entered: 4/28/2004 Memorandum Court Filing
MEMORANDUM by Chief Judge Lewis T. Babcock referring to Magistrate Judge Craig B. Shaffer the Freeborn Dfts motion to strike portions of pla's expert report of Thomas Seawell [358-1] (erv)
 -- Filed: 4/27/2004, Entered: 4/27/2004 Miscellaneous Document
Tendered Exh to Pla's Resp submitted by plaintiff Harvey Sender re: motion for leave to file exhibits to response Instanter [364-1] (placed in oversized exhibits) (erv)
 364 Filed: 4/27/2004, Entered: 4/27/2004, Terminated: 4/28/2004 Motion for Leave
MOTION by plaintiff Harvey Sender for leave to file exhibits to response Instanter (erv)
 365 Filed: 4/27/2004, Entered: 4/28/2004 Memorandum Court Filing
MEMORANDUM by Chief Judge Lewis T. Babcock referring to Magistrate Judge Craig B. Shaffer the motion for leave to file exhibits to response Instanter [364-1] (erv)
 367 Filed: 4/28/2004, Entered: 4/29/2004 Order Court Filing
MINUTE ORDER : by Magistrate Judge Craig B. Shaffer granting motion for leave to file exhibits to response Instanter [364-1], regarding Freeborn Dfts [358-1] motion to strike portions of pla's expert report of Thomas Seawell, [358-2] motion for attorney fees, Plas' resp is due 5/13/04, NO REPLIES ARE PERMITTED; Parties are reminded that a motions hrg remains set ; in court hrg set for 9:30 5/18/04 (cc: all counsel) ; entry date : 4/29/04 (erv)
 383 Filed: 4/28/2004, Entered: 5/10/2004 Trial Exhibit
EXHIBITS by plaintiff Harvey Sender pursuant to minute order [367-2], to motion response to Dft Freeborn Motion to Strike [363-1] (erv)
 368 Filed: 4/29/2004, Entered: 4/29/2004, Terminated: 5/4/2004 Motion for Order
MOTION by defendant Merkle & Magri for order to appear at the Status Conf via Telephone (erv)
 369 Filed: 4/29/2004, Entered: 4/29/2004 Response to Motion
RESPONSE by defendant Merkle & Magri to motion for leave to Conduct Trial Testimony by Contemporaneous Transmission or, Alternatively, for leave to conduct preservation ( de bene esse) Depositions [348-1], motion to bifurcate the trial [346-1] (erv)
 370 Filed: 4/29/2004, Entered: 4/30/2004 Memorandum Court Filing
MEMORANDUM by Chief Judge Lewis T. Babcock referring to Magistrate Judge Craig B. Shaffer the motion for order to appear at the Status Conf via Telephone [368-1] (erv)
 371 Filed: 4/29/2004, Entered: 4/30/2004 Trial Exhibit
EXHIBITS by defendants' Freeborn & Peters to motion reply [360-1] in support of Motion for Sum Jgm (Prejudgment Interest) (erv)
 372 Filed: 4/29/2004, Entered: 4/30/2004 Order Court Filing
MINUTE ORDER : by Chief Judge Lewis T. Babcock ; status conf Reset for 9:00 6/4/04 ; Dft William E Wells, II had previously been given permission to appear by telephone and he is still allowed to do so at the 6/4/04 conference. Mr Wells should contact the Court prior to June 4, 2004, to advise of the telephone number at which he will be available (cc: all counsel) ; entry date : 4/30/04 (erv)
 373 Filed: 4/30/2004, Entered: 4/30/2004, Terminated: 6/4/2004 Motion for Order
Joint MOTION and Stipulation by defendant Merkle & Magri for order to defer ruling on Merkle & Magri's Motion for Sum Jgm (erv)
 374 Filed: 4/30/2004, Entered: 5/3/2004, Terminated: 5/4/2004 Motion for Extension of Time
Unopposed MOTION by defendant Darwin J. Poyfair, defendant Michael Sabian, defendant Freeborn & Peters to extend time to respond to Plas' Motion to Bifurcate Trial to and incl 5/7/04 (erv)
 375 Filed: 5/4/2004, Entered: 5/5/2004 Response to Motion
RESPONSE by dfts Freeborn & Peters, Michael Sabian, Darwin J. Poyfair to motion to strike designations of Lindquist & Vennum P.L.L.P. Attorneys as Trial Witnesses [347-1] (gms)
 376 Filed: 5/4/2004, Entered: 5/5/2004 Response to Motion
RESPONSE by dfts Freeborn & Peters, Michael Sabian, Darwin J. Poyfair to pla's motion for leave to Conduct Trial Testimony by Contemporaneous Transmission or, Alternatively, for leave to conduct preservation ( de bene esse) Depositions [348-1] (gms)
 377 Filed: 5/4/2004, Entered: 5/5/2004 Response to Motion
RESPONSE by plaintiff to the Leone dfts' motion to strike and preclude evidence not disclosed to Leone [349-1] (gms)
 378 Filed: 5/4/2004, Entered: 5/5/2004 Order Court Filing
ORDER by Chief Judge Lewis T. Babcock granting motion to extend time to respond to Plas' Motion to Bifurcate Trial and incl 5/7/04 [374-1] (cc: all counsel) ; entry date : 5/5/04 (erv)
 379 Filed: 5/4/2004, Entered: 5/5/2004 Order Court Filing
MINUTE ORDER : by Chief Judge Lewis T. Babcock denying motion for order to appear at the Status Conf via Telephone [368-1] ; status conf Reset for 9:00 6/4/04 (cc: all counsel) ; entry date : 5/5/04 (erv)
 380 Filed: 5/5/2004, Entered: 5/6/2004 Order Court Filing
MINUTE ORDER : by Magistrate Judge Craig B. Shaffer granting dfts' motion for order to appear at the Status Conf via Telephone [368-1] granted as to hearing on 05/18/04 before Magistrate Judge Shaffer (cc: all counsel) ; entry date : 5/6/04 (bpm)
 381 Filed: 5/7/2004, Entered: 5/10/2004, Terminated: 6/1/2004 Motion for Leave
MOTION by dfts James R. Leone, P.A., James R. Leone for leave to appear by telephone on 5/20/04 (gms)
 382 Filed: 5/7/2004, Entered: 5/10/2004 Response to Motion
RESPONSE by dfts Freeborn & Peters, Michael Sabian, Darwin J. Poyfair in opposition to pla's motion to bifurcate the trial [346-1] (gms)
 384 Filed: 5/10/2004, Entered: 5/11/2004 Memorandum Court Filing
MEMORANDUM by Chief Judge Lewis T. Babcock referring to Magistrate Judge Craig B. Shaffer the motion for leave to appear by telephone on 5/20/04 [381-1] (erv)
 385 Filed: 5/10/2004, Entered: 5/11/2004, Terminated: 5/11/2004 Motion for Extension of Time
MOTION by plaintiff Harvey Sender to extend time to file pleadings presently due 5/14, and 5/14/04 (erv)
 386 Filed: 5/11/2004, Entered: 5/11/2004 Order Court Filing
ORDER by Chief Judge Lewis T. Babcock granting Pla's motion to extend time to file pleadings presently due 5/14, and 5/14/04 [385-1]; Pla is Granted to and incl 5/27/04 to 5/28/04 to file a Motion to exclude certain expert testimony (cc: all counsel) ; entry date : 5/11/04 (erv)
 387 Filed: 5/11/2004, Entered: 5/12/2004 Reply to Response to Motion
REPLY by defendant Freeborn & Peters, defendant Michael Sabian, defendant Darwin J. Poyfair to response to motion to strike pla's response to their motion for sum jgm or in the alternative to strike all inadmissible exhibits attached to pla's response [301-1] [359-1] (erv)
 388 Filed: 5/12/2004, Entered: 5/13/2004, Terminated: 5/13/2004 Motion for Extension of Time
MOTION by plaintiff Harvey Sender to extend time to file reply in support of Motion to Bifurcate Trial (erv)
 389 Filed: 5/13/2004, Entered: 5/14/2004 Reply to Response to Motion
REPLY by plaintiff Harvey Sender to response to motion to strike designations of Lindquist & Vennum P.L.L.P. Attorneys as Trial Witnesses [347-1] (erv)
 390 Filed: 5/13/2004, Entered: 5/14/2004 Reply to Response to Motion
REPLY by plaintiff Harvey Sender to response to motion for leave to Conduct Trial Testimony by Contemporaneous Transmission or, Alternatively, for leave to conduct preservation ( de bene esse) Depositions [348-1] (erv)
 391 Filed: 5/13/2004, Entered: 5/14/2004 Order Court Filing
ORDER by Chief Judge Lewis T. Babcock granting motion to extend time to file reply in support of Motion to Bifurcate Trial [388-1] to and incl 5/28/04 (cc: all counsel) ; entry date : 5/14/04 (erv)
 392 Filed: 5/13/2004, Entered: 5/14/2004 Order Court Filing
MINUTE ORDER : by Magistrate Judge Craig B. Shaffer, the Court intends on addressing ( but not limited to) the following motions regarding Pla's [347-1] motion to strike designations of & Vennum P.L.L.P. Attorneys as Trial Witnesses, regarding Dfts Freeborn's [335-1] motion to strike & preclude pla's witnesses & exhibits not previously or properly disclosed, regarding [349-1] motion to strike and preclude evidence not to Leone, regarding [358-1] motion to strike portions of pla's expert report of Thomas Seawell, regarding [358-2] motion for attorney fees ; in court hrg set for 9:30 5/19/04 (cc: all counsel) ; entry date : 5/14/04 (erv)
 393 Filed: 5/14/2004, Entered: 5/17/2004, Terminated: 5/17/2004 Motion for Extension of Time
Unopposed MOTION by defendant James R. Leone, P.A., defendant James R. Leone to enlarge time by 1 day to rply to motion to strike and preclude (gms)
 394 Filed: 5/17/2004, Entered: 5/17/2004 Certificate of Compliance
Certificate of Compliance by plaintiff w/ pretrial procedures (gms)
 395 Filed: 5/17/2004, Entered: 5/17/2004 Response to Motion
RESPONSE by plaintiff to Freeborn Dfts' motion to strike portions of pla's expert report of Thomas Seawell [358-1], motion for attorney fees [358-2] (gms)
 396 Filed: 5/17/2004, Entered: 5/18/2004 Reply to Response to Motion
REPLY by defendant James R. Leone, defendant James R. Leone, P.A. to response to motion to strike and preclude evidence not disclosed to Leone [349-1] (erv)
 397 Filed: 5/17/2004, Entered: 5/18/2004 Joinder
JOINDER by defendant James R. Leone in Freeborn Dfts motion response to Pla's Motion to Bifurcate Trial [382-1] (erv)
 398 Filed: 5/17/2004, Entered: 5/18/2004, Terminated: 5/21/2004 Order Court Filing
MINUTE ORDER : by Chief Judge Lewis T. Babcock granting Dfts James Leone's motion to enlarge time by 1 day to rply to motion to strike and preclude [393-1] (cc: all counsel) ; entry date : 5/18/04 (erv)
 399 Filed: 5/18/2004, Entered: 5/19/2004 Order Court Filing
MINUTE ORDER : by Magistrate Judge Craig B. Shaffer denying motion to enlarge time by 1 day to rply to motion to strike and preclude [393-1] as unnecessary (cc: all counsel) ; entry date : 5/19/04 (erv)
 400 Filed: 5/18/2004, Entered: 5/20/2004 Minutes - Miscellaneous Court Filing
COURTROOM MINUTES by Magistrate Judge Craig B. Shaffer ; in court hrg held 5/18/04 taking under advisement on 5/18/04 the motion to strike & preclude pla's witnesses & exhibits not previously or properly disclosed [335-1] and the motion to strike designations of Lindquist & Vennum P.L.L.P. Attorneys as Trial Witnesses [347-1]. Denying Dft Leone's motion to strike and preclude evidence not disclosed to Leone [349-1], denying dft Freeborn & Peters, Sabian & Poyfair's motion to renew motion to strike portions of pla's expert report of Thomas Seawell [358-1] and for attorney fees [358-2] w/o prejudice. W/in 10 days pla to provide pla w/ updated exhibit and witness lists and w/in 5 days thereafter dfts to provide pla w/ updated exhibit and witness lists ; entry date : 5/20/04 Court Reporter: FTR (gms)
 401 Filed: 5/18/2004, Entered: 5/20/2004 Transcript Court Filing
TRANSCRIPT of Final Pretrial Conference on 4/9/04 before Mag Judge Shaffer ( pages: 1-93) Prepared By: Avery/Woods Rpt Svc (certified copy) (gms)
 402 Filed: 5/21/2004, Entered: 5/24/2004 Order Court Filing
MINUTE ORDER : by Magistrate Judge Craig B. Shaffer Pursuant to [398-1] minute order by Chief Judge Lewis T. Babcock on 5/17/04 granting Dft Leone and James Leone, P.A's Motion to enlarge time, It is ORDERED that this Ct's minute order of 5/17/04 is STRICKEN from the Record [399-1] (cc: all counsel) ; entry date : 5/24/04 (erv)
 403 Filed: 5/25/2004, Entered: 5/26/2004 Transcript Court Filing
TRANSCRIPT of Status Conf on 5/18/04 before Mag Judge Shaffer ( pages: 1-127) Prepared By: Avery/Woods Rpt Svc (certified copy) (gms)
 -- Filed: 5/27/2004, Entered: 5/28/2004 Miscellaneous Document
Tendered Pla's Revised Witness List and Trial Exhibit List submitted by plaintiff Harvey Sender (Forwarded to Chambers) (erv)
 404 Filed: 5/27/2004, Entered: 5/28/2004, Terminated: 5/28/2004 Notice (Other)
NOTICE of Withdrawal of Motion by plaintiff Harvey Sender re: motion to bifurcate the trial [346-1] (erv)
 405 Filed: 5/27/2004, Entered: 5/28/2004 Response to Motion
RESPONSE by plaintiff Harvey Sender to Freeborn Dfts motion to strike pla's response to their motion for sum jgm or in the alternative to strike all inadmissible exhibits attached to pla's response [301-1] [359-1] (erv)
 406 Filed: 5/27/2004, Entered: 5/28/2004 Supplement/Amendment
SUPPLEMENTAL Appendix by plaintiff Harvey Sender to motion response [405-1] to Freeborn Dfts' Motion for Sum Jgm (erv)
 407 Filed: 5/28/2004, Entered: 6/1/2004, Terminated: 2/17/2005 Motion for Order
MOTION by plaintiff for order to prelcude certain testimony of the Freeborn Dfts' expert Bruce Black & Marcy Glenn (gms)
 408 Filed: 5/28/2004, Entered: 6/1/2004 Transcript Court Filing
TRANSCRIPT of Scheduling Conference on 1/21/03 before Mag Judge Shaffer ( pages: 1-49) Prepared By: Avery/Woods Reporting Service (certified copy) (gms)
 409 Filed: 5/28/2004, Entered: 6/1/2004 Order Court Filing
MINUTE ORDER : by Chief Judge Lewis T. Babcock granting notice of withdrawal of Motion to Bifurcate [404-1] withdrawing motion to bifurcate the trial [346-1] (cc: all counsel) ; entry date : 6/1/04 (erv)
 410 Filed: 6/1/2004, Entered: 6/2/2004 Order Court Filing
MINUTE ORDER : by Magistrate Judge Craig B. Shaffer denying motion for leave to appear by telephone on 5/20/04 [381-1] Pursuant to [372-2] minute order by Chief Judge Babcock on 5/20/04, Chief Judge vacated the 5/20/04 hrg (cc: all counsel) ; entry date : 6/2/04 (erv)
 411 Filed: 6/2/2004, Entered: 6/3/2004, Terminated: 6/16/2004 Motion for Leave
MOTION by defendant Freeborn & Peters, defendant Michael Sabian, defendant Darwin J. Poyfair for leave to file response to Pla's Revised Witness and Exhibit List in light of the court's pending ruling on the Freeborn Dfts Motion to Strike (erv)
 412 Filed: 6/2/2004, Entered: 6/3/2004 Notice (Other)
NOTICE of Amendments by defendant Freeborn & Peters, defendant Michael Sabian, defendant Darwin J. Poyfair to Witness List (erv)
 413 Filed: 6/4/2004, Entered: 6/7/2004 Objections
Notice of OBJECTIONS by defendant James R. Leone, defendant James R. Leone, P.A. to plas' revised witness and exhibit lists (gms)
 414 Filed: 6/4/2004, Entered: 6/7/2004 Minutes - Miscellaneous Court Filing
COURTROOM MINUTES by Chief Judge Lewis T. Babcock ; status conf held 6/4/04 striking pla's motion for more definite statement from Leone dfts, and requesting dismissal of the amended counterclaims with prejudice for failure to state a claim [198-1], denying Leone dfts' motion for default judgment (against Harvey Sender) on Amended Counterclaim [210-1], striking Poyfair dfts' motion for summary judgment for lack of standing [227-1], striking plas' motion for partial summary judgment against dft William Wells II and the William and Elaine Wells Family Ltd Partnership [242-1] & for disbursement of funds [242-2], striking idft Merkle & Magri's motion for summary judgment as to Counts 32 and 33 [259-1], striking Poyfair dfts' motion for summary judgment (as a matter of law, liability, prejudgment interest and punitive damages) [261-1], striking Leone dfts' motion for summary judgment with memorandum of law on Cts 2,7,11,13,14,20,24,26,28,31,32,33&34 of Amended Complaint [269-1], denying as moot pla's motion to strike Leone dfts' motion for summary judgment with memorandum of law on Cts 2,7,11,13,14,20,24,26,28,31,32,33&34 of Amended Complaint [269-1] [272-1], denying as moot plas'motion for leave to file Exhibit 55 to Pltf's Response to the Freeborn Dfts' Motions for Summary Judgment UNDER SEAL [306-1], in re: to the motion for leave to Conduct Trial Testimony by Contemporaneous Transmission or, Alternatively, for leave to conduct preservation ( de bene esse) Depositions [348-1], the motion to conduct trial testimony by contemporaneous transmission is denied and and the motion for leave to conduct preservation depositions is referred to Mag Judge Shaffer. Denying as moot Poyfair dfts' motion to strike pla's response to their motion for sum jgm or in the alternative to strike all inadmissible exhibits attached to pla's response [301-1] [359-1], denying as moot dft Merkle & Magri's motion for order to defer ruling on Merkle & Magri's Motion for Sum Jgm [373-1]. The motoins are stricken w/o prejudice to refile. Pla's oral motion to dismiss the RICO claims (22-26) is granted and these claims are dismissed w/ prejudice. Mr. Leone's oral motion to have pla's file amended complaint is denied. Ruling on pla's motion for order to prelcude certain testimony of the Freeborn Dfts' expert Bruce Black & Marcy Glenn [407-1] is held in abeyance ; entry date : 6/7/04 Court Reporter: Gwen Daniel (gms)
 416 Filed: 6/4/2004, Entered: 6/7/2004 Order Court Filing
ORDER by Chief Judge Lewis T. Babcock. Pla to file notice with the court and all parties of its election of remaining claims by 6/18/04. Claims 22-26, the RICO claims are dismissed w/ prejudice. (cc: all counsel) ; entry date : 6/7/04 (gms)
 415 Filed: 6/5/2004, Entered: 6/7/2004 Order Court Filing
ORDER by Chief Judge Lewis T. Babcock. All motions for dismissal that are pending and all motions for sum jgm that are pending are stricken from the record w/ leave to refile according to the guidelines in the order. (regarding [198-1] motion for more definite statement from Leone dfts, and requesting dismissal of the amended counterclaims with prejudice for failure to state a claim, regarding [210-1] motion for default judgment (against Harvey Sender) on Amended Counterclaim, regarding [227-1] motion for summary judgment for lack of standing, regarding [242-1] motion for partial summary judgment against dft William Wells II and the William and Elaine Wells Family Ltd Partnership, regarding [259-1] motion for summary judgment as to Counts 32 and 33, regarding [261-1] motion for summary judgment (as a matter of law, liability, prejudgment interest and punitive damages), regarding [269-1] motion for summary judgment with memorandum of law on Cts 2,7,11,13,14,20,24,26,28,31,32,33&34 of Amended Complaint, regarding [272-1] motion to strike Leone dfts' motion for summary judgment with memorandum of law on Cts 2,7,11,13,14,20,24,26,28,31,32,33&34 of Amended Complaint [269-1], regarding [306-1] motion for leave to file Exhibit 55 to Pltf's Response to the Freeborn Dfts' Motions for Summary Judgment UNDER SEAL, regarding [348-1] motion for leave to Conduct Trial Testimony by Contemporaneous Transmission or, Alternatively, for leave to conduct preservation ( de bene esse) Depositions, regarding [359-1] motion to strike pla's response to their motion for sum jgm or in the alternative to strike all inadmissible exhibits attached to pla's response [301-1], regarding [373-1] motion for order to defer ruling on Merkle & Magri's Motion for Sum Jgm )(cc: all counsel) ; entry date : 6/7/04 (gms)
 417 Filed: 6/7/2004, Entered: 6/8/2004 Order Court Filing
MINUTE ORDER : by Magistrate Judge Craig B. Shaffer, Consistent with the Court's comments during the informal conference on 6/4/04, the parties are to submit briefs addressing Pla's burden of proof and the necessary quantum of proof relating to the claims for relief relating to creditors. Therefore it is hereby ORDERED that Pla shall file his brief on or before 7/23/04; Dfts shall file responsive briefs on or before 8/20/04, and Pla shall file a reply brief on or before 9/10/04; It is Furtehr ORDERED tat the parties are to provide supplemental confidential settlement statements to this Court on or before 6/25/04. Thereafter, the Court will set a settlement conf, via minute order, if there appears to be a realistic possibility of settlement (cc: all counsel) ; entry date : 6/8/04 (erv)
 418 Filed: 6/8/2004, Entered: 6/10/2004 Memorandum Court Filing
MEMORANDUM by Chief Judge Lewis T. Babcock referring to Magistrate Judge Craig B. Shaffer the motion for leave to file response to Pla's Revised Witness and Exhibit List in light of the court's pending ruling on the Freeborn Dfts Motion to Strike [411-1] (erv)
 419 Filed: 6/16/2004, Entered: 6/17/2004 Order Court Filing
MINUTE ORDER : by Magistrate Judge Craig B. Shaffer denying as moot Freeborn dfts' motion for leave to file response to Pla's Revised Witness and Exhibit List in light of the court's pending ruling on the Freeborn Dfts Motion to Strike [411-1] (cc: all counsel) ; entry date : 6/17/04 (gms)
 420 Filed: 6/16/2004, Entered: 6/17/2004 Transcript Court Filing
TRANSCRIPT of Status/Scheduling Conference on 6/4/04 before Judge Babcock ( pages: 1-21) Prepared By: Gwen Daniel (certified copy) (gms)
 421 Filed: 6/18/2004, Entered: 6/21/2004, Terminated: 6/21/2004 Motion to Clarify
MOTION by plaintiff Harvey Sender to clarify the Court's Orer of 6/4/04 and Notice pursuant to that Order (erv)
 422 Filed: 6/18/2004, Entered: 6/21/2004, Terminated: 6/21/2004 Motion to Dismiss
Stipulation (MOTION) by plaintiff Harvey Sender, defendant William Wells II, defendant Wells Fam Ltd Part, defendant Wm & Elaine Wells Tr to dismiss claims against William Wells II and the William and Elaine Wells Family Limited Partnership (erv)
 423 Filed: 6/18/2004, Entered: 6/21/2004, Terminated: 6/21/2004 Motion to Dismiss
Stipulation (MOTION) by plaintiff Harvey Sender, defendant Merkle & Magri, cross-claimant Merkle & Magri to dismiss all Pla's claims in this action as they relate to Dft Merkle & Magri and Merkle & Magri's cross-claims against Freeborn and Peters (erv)
 424 Filed: 6/21/2004, Entered: 6/22/2004 Order Court Filing
ORDER by Chief Judge Lewis T. Babcock granting motion to clarify the Court's Order of 6/4/04 and Notice pursuant to that Order [421-1] Pursuant to [416-1] order, claims 22-26 are RICO claims. Hence, it is ORDERED that the Order of 6/4/04 dismissing those claims without prejudice stands as ORDERED (cc: all counsel) ; entry date : 6/22/04 (erv)
 425 Filed: 6/21/2004, Entered: 6/22/2004 Order Court Filing
ORDER by Chief Judge Lewis T. Babcock granting Stipulation to dismiss claims against William Wells II and the William and Elaine Wells Family Limited Partnership [422-1]; It is Hereby ORDERED that the claims against William E. Wells II and the William and Elaine Wells Family Limited Partnership are Dismissed. It is Further ORDERED that the trial subpoena issued to William E. Wells II is entered an continued to the time of trial in this cause at which time Mr Wells will appear to testiify as an adverse witness. The Court Further finds that: 1. $177,124.23 was deposited in the registry of the Court by former Dfts William Weatherford and Marlowe, Appleton & Weatherford; and 2. Such funds are properly disbursed to Pla for the benefit of the Lifeblood Biomedical, Inc., Liquidation Trust. It is Therefore ORDERED that the clerk of the court shall distribute said funds to Harvey Sender, Trustee of the Lifeblood Biomedical, Inc.,Liquidation Trust dismissing party Wm & Elaine Wells Tr, party William Wells, party Wells Fam Ltd Part (cc: all counsel) ; entry date : 6/22/04 (erv)
 426 Filed: 6/21/2004, Entered: 6/22/2004 Order Court Filing
ORDER by Chief Judge Lewis T. Babcock granting Stipulation to dismiss all Pla's claims in this action as they relate to Dft Merkle & Magri and Merkle & Magri's cross-claims Freeborn and Peters [423-1] dismissing party Merkle & Magri, party Merkle & Magri cross claim against Freeborn & Peters ; It is Further ORDERED that the trial subpoena issued to Merkle & Magri is entered and continued to the time of the trial in this cause, at which time Ward Meyythaler will appear to testify as an adverse witness (cc: all counsel) ; entry date : 6/22/04 (erv)
 427 Filed: 6/21/2004, Entered: 6/23/2004 Notice of Change of Address
NOTICE of Change of Address of Herbert Delap (erv)
 429 Filed: 6/22/2004, Entered: 6/24/2004 Motion to Clarify
Corrected MOTION by plaintiff Harvey Sender to clarify motion to clarify the Court's Orer of 6/4/04 and Notice pursuant to that Order [421-1] (erv)
 428 Filed: 6/23/2004, Entered: 6/23/2004 Order Court Filing
MINUTE ORDER : by Chief Judge Lewis T. Babcock Pursuant to [425-2] order of 6/18/04, the Ct ordered the Clerk of Court to distribute the funds deposited in the registry of the court in the mat of $177,124.23 to Harvey Sender, Trustee of the Lifeblood Biomedical, Inc. Liquidation Trust. These funds have earned interes while in the registry of the ct. Therefore, it is ORDERED that $177,124.23 deposited in the registry of the court, plus interes. less the registry fee assessment, be disbursed to Harvey Sender, Trustee of the Lifeblood Biomedical inc liquidation Trust (cc: all counsel) ; entry date : 6/23/04 (erv)
 430 Filed: 7/23/2004, Entered: 7/23/2004 Brief
BRIEF FILED by plaintiff Harvey Sender per minute order [417-1] of 6/7/04 concerning Burden of Proof for remaining Creditor-Related Claims (erv)
 431 Filed: 8/20/2004, Entered: 8/23/2004 Response
RESPONSE by defendant Freeborn & Peters, defendant Michael Sabian, defendant Darwin J. Poyfair to Plas' brief concerning burden of proof for remaining creditor-related claims [430-1] (erv)
 432 Filed: 9/10/2004, Entered: 9/13/2004 Reply
REPLY by plaintiff Harvey Sender to Freeborn Dfts response [431-1] to brief concerning burden of proof for remaining creditor-related claims (erv)
 433 Filed: 9/17/2004, Entered: 9/20/2004, Terminated: 9/21/2005 Motion for Hearing/Conference
Unopposed MOTION by defendant Freeborn & Peters, defendant Michael Sabian, defendant Darwin J. Poyfair for hearing or Oral Argument on Burden of Proof issues (erv)
 434 Filed: 9/20/2004, Entered: 9/20/2004 Joinder
Concurrance JOINDER by defendant James R. Leone, P.A. in Freeborn Dfts response to brief concerning Burden of Proof for Remaining Creditor-Related Claims [431-1] (erv)
 435 Filed: 11/3/2004, Entered: 11/5/2004 Order Court Filing
MINUTE ORDER setting Motions Hearing on all pending motions set for 11/12/2004 01:30 PM in Courtroom A 402 before Magistrate Judge Craig B Shaffer. by Magistrate Judge Craig B Shaffer on 11/3/04. (erv, )
 436 Filed: 11/9/2004, Entered: 11/12/2004 Order Court Filing
MINUTE ORDER re [347] Dfts Motion to Strike filed by Harvey Sender, [348] Plas Motion for Leave to File filed by Harvey Sender, [335] Plas Motion to Strike filed by Freeborn & Peters, Michael Sabian, Darwin J. Poyfair, Reset Hearings: Motion Hearing set for 12/1/2004 01:30 PM in Courtroom A 402 before Magistrate Judge Craig B Shaffer. by Magistrate Judge Craig B Shaffer on 11/9/04. (erv, )
 438 Filed: 12/1/2004, Entered: 12/9/2004 Motion Hearing Court Filing
Minute Entry for Motions Hrg proceedings held before Magistrate Judge Craig B Shaffer : Motion Hearing held on 12/1/2004 (Court Reporter FTR.) (erv, )
 437 Filed: 12/3/2004, Entered: 12/8/2004 Order Court Filing
ORDER Dispositive Motions due by 3/31/2005. Amended Proposed Pretrial Order due by 3/31/2005. Final Pretrial Conference set for 4/25/2005 01:30 PM in Courtroom A 201 before Chief Judge Lewis T. Babcock.. Signed by Magistrate Judge Shaffer on 12/3/04. (erv, )
 439 Filed: 12/15/2004, Entered: 12/17/2004 Order Court Filing
Memorandum ORDER re [335] Dfts Motion to Strike and Preclude Plas' Witnesses and Exhibits Not Previously or properly disclosed. filed by Freeborn & Peters,, Michael Sabian,, Darwin J. Poyfair, . Signed by Magistrate Judge Craig B Shaffer on 12/15/04. (erv, )
 442 Filed: 12/20/2004, Entered: 1/3/2005 Response in Opposition to Motion
Objection (RESPONSE) in Opposition re [440]Freeborn Dfts MOTION for Attorney Fees and costs filed by Plaintiff Harvey Sender. (erv, )
 440 Filed: 12/23/2004, Entered: 12/28/2004, Terminated: 1/21/2005 Motion for Attorney Fees
MOTION for Attorney Fees and costs by Defendants Freeborn & Peters, Michael Sabian, Darwin J. Poyfair. (erv, )
 441 Filed: 12/28/2004, Entered: 12/30/2004 Memorandum Court Filing
MEMORANDUM referring to Magistrate Judge Shaffer [440] MOTION for Attorney Fees filed by Freeborn & Peters,, Michael Sabian,, Darwin J. Poyfair, by Chief Judge Lewis T. Babcock on 12/28/04. (erv, )
 443 Filed: 1/3/2005, Entered: 1/4/2005 Transcript Court Filing
TRANSCRIPT of Motions Hearing held on December 1, 2004 before Craig B. Shaffer, United States Magistrate Judge. Prepared by: Avery/Woods Reporting Service. Pages: 1-96. (certified copy) (erv, )
 444 Filed: 1/4/2005, Entered: 1/6/2005 Order Court Filing
MINUTE ORDER, Set Hearings: Status Conference set for 1/20/2005 03:30 PM in Courtroom A 402 before Magistrate Judge Craig B Shaffer. by Magistrate Judge Craig B Shaffer on 1/4/05. (erv, )
 445 Filed: 1/10/2005, Entered: 1/12/2005 Order on Motion to Strike Court Filing
Memorandum ORDER granting [347] Pla Sender's Motion to Strike Designation of Lindquist & Venum, P.L.L.P. attorneys as Trial Witnesses . Signed by Magistrate Judge Craig B Shaffer on 1/10/05. (erv, )
 446 Filed: 1/14/2005, Entered: 1/20/2005 Reply to Response to Motion
REPLY to Response to [440] MOTION for Attorney Fees and Costs filed by Defendants Freeborn & Peters, Michael Sabian, Darwin J. Poyfair. (erv, )
 -- Filed: 1/20/2005, Entered: 1/26/2005 Order on Motion for Leave
Pursuant to Status Conference/Motions Hearing 1/20/05 ORDER denying [348]Pla's Motion for Leave to Conduct Perservation Depositions, denying [440] Freeborn Defendants' Motion for Attorney Fees. Entered by Magistrate Judge Craig B Shaffer on 1/20/05. (pap, )
 447 Filed: 1/20/2005, Entered: 1/26/2005 Status Conference Court Filing
Minute Entry for proceedings held before Judge Craig B Shaffer : Status Conference/Motions Hearing held on 1/20/2005; Denying Freeborn Dfts' [440] MOTION for Attorney Fees filed and Denying [348] Pla's Motion for Leave to Conduct Preservation Depositions. Discovery due by 3/10/2005. Dispositive Motions due by 4/11/2005. Proposed Pretrial Order due by 4/11/2005. Final Pretrial Conference set for 4/25/2005 01:30 PM in Courtroom A 402 before Magistrate Judge Craig B Shaffer. (Court Reporter FTR Crtrm A402.) (pap, )
 448 Filed: 1/21/2005, Entered: 1/27/2005 Order Court Filing
Memorandum ORDER Denying [440] MOTION for Attorney Fees filed by Freeborn & Peters, Michael Sabian, Darwin J. Poyfair, Denying w/o prejudice [348] Motion for Leave to File filed by Harvey Sender. Discovery to be completed by 3/10/05, dispositive motions due 4/11/05 and proposed final pto due 4/11/05. Signed by Magistrate Judge Craig B Shaffer on 1/21/05. (gms, )
 449 Filed: 1/27/2005, Entered: 2/1/2005 Transcript Court Filing
TRANSCRIPT of Status Conference held on January 20, 2005 before Craig B. Shaffer, United States Magistrate Judge. Prepared by: Avery/Woods Reporting Services. Pages: 1-51. (certified copy) (erv, )
 450 Filed: 2/17/2005, Entered: 2/22/2005 Order on Motion for Order Court Filing
ORDER denying Without Prejudice [407] Motion for Order, denying [429] Motion to Clarify . Signed by Chief Judge Lewis T. Babcock on 2/17/05. (erv, )
 451 Filed: 3/4/2005, Entered: 3/7/2005 Status Conference Court Filing
Minute Entry for proceedings held before Magistrate Judge Craig B Shaffer : Status Conference held on 3/4/2005, Oral Motion to reset Scheduling Conf granted, Scheduling Conf set for 3/18/05 is VACATED, Set Hearings: Settlement Conference set for 4/18/2005 10:00 AM in Courtroom A 402 before Magistrate Judge Craig B Shaffer. (Court Reporter FTR.) (erv, )
 452 Filed: 3/18/2005, Entered: 3/21/2005 Motion for Leave
Renewed MOTION for Leave to Conduct Trial (Preservation) Depositions by Plaintiff Harvey Sender. (erv, )
 453 Filed: 4/6/2005, Entered: 4/7/2005, Terminated: 4/11/2005 Motion for Extension of Time to File Response/Repl
MOTION for Extension of Time to File Response as to [452] MOTION for Leave to Conduct Trial Preservation Depositions by Defendants Freeborn & Peters, Michael Sabian, Darwin J. Poyfair. (erv, )
 454 Filed: 4/7/2005, Entered: 4/11/2005 Memorandum Court Filing
MEMORANDUM referring to Magistrate Judge Shaffer : [453] MOTION for Extension of Time to File Response as to [452] Pla's Renewed MOTION for Leave to Conduct Trial (preservation) Depsoitions, filed by Freeborn & Peters, Michael Sabian, Darwin J. Poyfair, by Judge Lewis T. Babcock on 3/7/05. (erv, )
 455 Filed: 4/11/2005, Entered: 4/12/2005, Terminated: 3/20/2006 Motion for Summary Judgment
MOTION for Summary Judgment Concerning Affirmative Defenses and Counterclaims by Plaintiff Harvey Sender. (erv, )
 456 Filed: 4/11/2005, Entered: 4/12/2005 Motion for Summary Judgment
MOTION for Summary Judgment by Defendants Freeborn & Peters, Michael Sabian, Darwin J. Poyfair. (erv, )
 457 Filed: 4/11/2005, Entered: 4/12/2005 Brief in Support of Motion
BRIEF in Support re [456] MOTION for Summary Judgment (Prejudgment Interest) filed by Defendants Freeborn & Peters, Michael Sabian, Darwin J. Poyfair. (erv, ) (Stricken pursuant to order of 12/14/05) Modified on 12/14/2005 to indicate stricken. (gms, ).
 458 Filed: 4/11/2005, Entered: 4/12/2005 Brief in Support of Motion
BRIEF in Support re [456] MOTION for Summary Judgment on (Punitive Damages) filed by Defendants Freeborn & Peters, Michael Sabian, Darwin J. Poyfair. (erv, ) (Stricken pursuant to order of 12/14/05) Modified on 12/14/2005 to indicate stricken. (gms, ).
 459 Filed: 4/11/2005, Entered: 4/12/2005 Brief in Support of Motion
BRIEF in Support re [456] MOTION for Summary Judgment on (Liability) filed by Defendants Michael Sabian, Darwin J. Poyfair. (PLacerd in Oversized Documents) (erv, ) (Stricken pursuant to order of 12/14/05) Modified on 12/14/2005 to indicate stricken. (gms, ).
 460 Filed: 4/11/2005, Entered: 4/12/2005 Brief in Support of Motion
BRIEF in Support re [456] MOTION for Summary Judgment for Lack of Standing filed by Defendants Freeborn & Peters, Michael Sabian, Darwin J. Poyfair. (erv, ) (Stricken pursuant to order of 12/14/05) Modified on 12/14/2005 to indicate stricken. (gms, ).
 461 Filed: 4/11/2005, Entered: 4/13/2005 Order on Motion for Extension of Time to File Resp Court Filing
Minute ORDER granting [453] Motion for Extension of Time to File Response re [453], [452] MOTION for Leave to Conduct Trial Preservation depositions. Responses due by 4/15/2005. by Magistrate Judge Craig B Shaffer on 4/11/05. (erv, )
 462 Filed: 4/13/2005, Entered: 4/14/2005 Brief in Opposition to Motion
BRIEF in Opposition re [452] Pla's Renewed MOTION for Leave to Conduct Trial Preservation Depositions, filed by Defendants Freeborn & Peters, Michael Sabian, Darwin J. Poyfair. (erv, )
 463 Filed: 4/19/2005, Entered: 4/20/2005, Terminated: 12/14/2005 Motion to Strike
MOTION to Strike [456] Freeborn Dfts MOTION for Summary Judgment, by Plaintiff Harvey Sender. (erv, )
 464 Filed: 4/21/2005, Entered: 4/25/2005 Order Court Filing
MINUTE ORDER re: [463] Pla's MOTION to Strike [456] MOTION for Summary Judgment filed by Harvey Sender, Dfts have up to and incl 5/4/05 to file a response. by Chief Judge Lewis T. Babcock on 4/21/05. (erv, )
 465 Filed: 4/22/2005, Entered: 4/26/2005 Brief in Support of Motion
Corrected BRIEF in Support re [456] MOTION for Summary Judgment to Liability, filed by Defendants Freeborn & Peters, Michael Sabian, Darwin J. Poyfair. (erv, )
 466 Filed: 4/22/2005, Entered: 4/26/2005 Response to Motion
RESPONSE to [463] Pla's MOTION to Strike [456] MOTION for Summary Judgment and accompanying briefs and Notice of Filing of Corrections to Liabilit Brief, filed by Defendants Freeborn & Peters, Michael Sabian, Darwin J. Poyfair. (erv, )
 -- Filed: 4/25/2005, Entered: 4/28/2005 Order on Motion for Leave
ORDER granting in part and denying in part [452]Pla's Renewed Motion for Leave to Conduct Trial (Preservation) Depositions for reasons as stated on the recordby Magistrate Judge Craig B Shaffer on 4/25/05. (erv, )
 467 Filed: 4/26/2005, Entered: 4/27/2005 Reply to Response to Motion
REPLY to Response to [463] MOTION to Strike Freeborn, Sabian and Poyfair's[456] MOTION for Summary Judgment filed by Plaintiff Harvey Sender. (erv, )
 468 Filed: 4/26/2005, Entered: 4/28/2005 Pretrial Conference - Final Court Filing
Minute Entry for proceedings held before Magistrate Judge Craig B Shaffer : Final Pretrial Conference held on 4/26/2005 Granting in Part and Denying in Part Pla's Renewed [452] MOTION for Leave to Conduct Trial (Preservation) Depositions for reasons as stated on the record, The Proposed Final Pretrial Order is not approved as submitted and will hold it in abeyancxe pending receipt by the Court of revised witness and exhibit lists from Dft Leone (Court Reporter FTR.) (erv, )
 469 Filed: 4/26/2005, Entered: 4/28/2005 Letter
Letter from W. Jeffrey Mann (erv, )
 470 Filed: 4/27/2005, Entered: 4/29/2005, Terminated: 4/29/2005 Motion for Extension of Time
Unopposed MOTION For Extension of Time to Respond to MOTION for Summary Judgment [455], MOTION for Summary Judgment[456] and accompanying briefs by Freeborn & Peters, LLP, Michael Sabian and Darwin J. Poyfair by Plaintiff Harvey Sender. (erv, )
 471 Filed: 4/28/2005, Entered: 5/2/2005 Brief in Opposition to Motion
BRIEF in Opposition re [455] MOTION for Summary Judgment on Affirmative Defenses and Counterclaims, filed by Defendants James R. Leone, P.A., James R. Leone. (erv, )
 472 Filed: 4/29/2005, Entered: 5/3/2005 Order on Motion for Extension of Time Court Filing
ORDER granting [470] Pla's Unopposed Motion for Extension of Time to Respond to Motion for Sum Jgm. Pla shall have up to and including 15 days after the Court rules on the Motion to Strike the Motion for Sum Jgm to Respond to the Motion for Sum Jgm . Signed by Judge Lewis T. Babcock on 4/28/05. (pap, )
 473 Filed: 5/2/2005, Entered: 5/3/2005 Response to Motion
RESPONSE to Pla's[455] MOTION for Summary Judgment concerning Affirmative Defenses and Counterclaims, filed by Defendants Freeborn & Peters, Michael Sabian, Darwin J. Poyfair. (erv, )
 474 Filed: 5/6/2005, Entered: 5/9/2005 Exhibit List
Notice of Filing Exhibit List and Witness List by Defendant James R. Leone, P.A.. (erv, )
PDF 475 Filed: 5/10/2005, Entered: 5/12/2005 Reply to Response to Motion
REPLY to Response re [455] MOTION for Summary Judgment on Affirmative Defenses and Counterclaims, filed by Plaintiff Harvey Sender. (erv, )
PACER 476 Filed: 5/17/2005, Entered: 5/19/2005 Reply to Response to Motion
Pla's REPLY to Freeborn Dfts' Response to [455] MOTION for Summary Judgment Concerning Affirmative Defenses and Counterclaims by Plaintiff Harvey Sender. (Attachments: # (1) # (2) # (3) # (4) # (5) # (6) # (7))(dlb, )
 477 Filed: 5/20/2005, Entered: 5/25/2005 Settlement Conference Court Filing
Minute Entry for proceedings held before Magistrate Judge Craig B Shaffer : Settlement Conference held on 5/20/2005 (erv, )
 478 Filed: 5/25/2005, Entered: 5/27/2005 Transcript Court Filing
TRANSCRIPT of Final Pretrial Conference, held on April 25, 2005 before Magistrate Judge Craig B. Shaffer. Prepared by: Avery/Woods Reporting Service. Pages: 1-42. (certified copy) (erv, )
 479 Filed: 6/17/2005, Entered: 6/17/2005 Pretrial Order Court Filing
FINAL PRETRIAL ORDER, Pending motions; Discovery complete; Estimated 3-4 week Jury Trial . Signed by Magistrate Judge Craig B Shaffer on 6/3/05. (pap, )
PACER 480 Filed: 7/28/2005, Entered: 7/28/2005, Terminated: 10/19/2005 Motion to Strike
MOTION to Strike Plaintiff's Fifth Supplemental Disclosures Pursuant to Rule 26(a)(1) by Defendants Freeborn & Peters, Michael Sabian, Darwin J. Poyfair. (Attachments: # (1) Exhibit A# (2) Exhibit B# (3) Proposed Order (PDF Only))(Walker, Julie)
 481 Filed: 8/5/2005, Entered: 8/5/2005 Memorandum Court Filing
MEMORANDUM referring to Magistrate Judge Shaffer : [480] MOTION to Strike Plaintiff's Fifth Supplemental Disclosures Pursuant to Rule 26(a)(1) filed by Freeborn & Peters, Michael Sabian, Darwin J. Poyfair, by Judge Lewis T. Babcock on 8/5/05. (Text Only Entry - No Document Attached)(gms, )
PACER 482 Filed: 8/11/2005, Entered: 8/11/2005 Response to Motion
RESPONSE to Motion re [480] MOTION to Strike Plaintiff's Fifth Supplemental Disclosures Pursuant to Rule 26(a)(1) filed by Plaintiff Harvey Sender. (Attachments: # (1) Exhibit Exhibit 1-part 1# (2) Exhibit Exhibit 1-part 2# (3) Exhibit Exhibit 2)(Cisneros, Ann)
PDF 483 Filed: 8/12/2005, Entered: 8/12/2005 Order Court Filing
MINUTE ORDER regarding Defendant's [481] Motion to Strike Plaintiff's Fifth Supplemental Disclosures. Motion Hearing set for 9/16/2005 at 01:30 PM in Courtroom A 402 before Magistrate Judge Craig B Shaffer, by Magistrate Judge Craig B Shaffer on 8/12/05. (emksl, )
PDF 484 Filed: 8/19/2005, Entered: 8/19/2005 Order Court Filing
MINUTE ORDER: Motion Hearing reset for 10/19/2005 08:30 AM in Courtroom A 402 before Magistrate Judge Craig B Shaffer, by Magistrate Judge Craig B Shaffer on 8/19/05. (emksl, )
PACER 485 Filed: 8/25/2005, Entered: 8/25/2005 Reply to Response to Motion
REPLY to Response to Motion re [480] MOTION to Strike Plaintiff's Fifth Supplemental Disclosures Pursuant to Rule 26(a)(1) filed by Defendants Freeborn & Peters, Michael Sabian, Darwin J. Poyfair. (Attachments: # (1) Exhibit A# (2) Exhibit B# (3) Exhibit C)(Walker, Julie)
PDF 486 Filed: 8/30/2005, Entered: 8/30/2005 Mail Returned
Mail Returned as Undeliverable re: [483] Order, Addressed to Daniel N. Brodersen. (emksl, )
PDF 487 Filed: 8/31/2005, Entered: 9/2/2005 Mail Returned
Mail Returned as Undeliverable re: [484] Order, Set/Reset Hearings Addressed to Daniel N. Brodersen. (emksl, )
 488 Filed: 9/8/2005, Entered: 9/8/2005 Docket Annotation
Docket Annotation. At the request of Carrie Huss, secretary at Fleishman & Shapiro P.C., the notice in this case to Kristi J. Livedalen has been turned off as the defendants she represented have been dismissed. Text only entry - no document attached. (gms, )
PDF 489 Filed: 9/21/2005, Entered: 9/21/2005 Order on Motion for Hearing/Conference Court Filing
ORDER denying without prejudice the [433] Motion for Hearing/Conference . Signed by Judge Lewis T. Babcock on 9/21/05. (emksl, )
PACER 490 Filed: 10/14/2005, Entered: 10/14/2005, Terminated: 2/7/2006 Motion to Strike
Supplemental MOTION to Strike [480] MOTION to Strike Plaintiff's Fifth Supplemental Disclosures Pursuant to Rule 26(a)(1) To Also Strike Plaintiff's Supplemental Expert Disclosure by Defendants Freeborn & Peters, Michael Sabian, Darwin J. Poyfair. (Attachments: # (1) Exhibit 1)(Walker, Julie)
 491 Filed: 10/17/2005, Entered: 10/17/2005 Memorandum Court Filing
MEMORANDUM referring to Magistrate Judge Shaffer : [490] Supplemental MOTION to Strike [480] MOTION to Strike Plaintiff's Fifth Supplemental Disclosures Pursuant to Rule 26(a)(1) To Also Strike Plaintiff's Supplemental Expert Disclosure filed by Freeborn & Peters, Michael Sabian, Darwin J. Poyfair, by Judge Lewis T. Babcock on 10/17/05. (Text Only Entry - No Document Attached)(emksl, )
PDF 492 Filed: 10/19/2005, Entered: 10/20/2005 Motion Hearing Court Filing
Minute Entry for proceedings held before Judge Craig B Shaffer : Motion Hearing held on 10/19/2005: Defendant's [480] MOTION to Strike Plaintiff's Fifth Supplemental Disclosures Pursuant to Rule 26(a)(1) is denied. The Court notes it is denying the motion without making any ruling on whether or not Plaintiff will be allowed to amend the Final Pretrial Order to introduce this evidence. (Court Reporter FTR- Ellen E. Miller.) (emksl, )
 493 Filed: 10/19/2005, Entered: 10/20/2005 Order on Motion to Strike
ORDER denying [480] Motion to Strike pursuant to Minute Entry of 10/19/05. Text Only Entry - No Document Attached. (emksl, )
PACER 494 Filed: 11/15/2005, Entered: 11/15/2005, Terminated: 12/6/2005 Motion to Amend/Correct/Modify
MOTION to Amend/Correct/Modify [479] Pretrial Order by Plaintiff Harvey Sender. (Attachments: # (1) Proposed Order (PDF Only) Order)(Cisneros, Ann)
PACER 495 Filed: 11/17/2005, Entered: 11/17/2005, Terminated: 11/17/2005 Motion to Supplement
MOTION to Supplement [494] MOTION to Amend/Correct/Modify [479] Pretrial Order by Plaintiff Harvey Sender. (Attachments: # (1) Exhibit C 1-21# (2) Exhibit C 22-42# (3) Exhibit A to Plaintiff's Trial Exhibit 333)(Cisneros, Ann)
 496 Filed: 11/18/2005, Entered: 11/18/2005 Docket Annotation
Docket Annotation re: [495] MOTION to Supplement [494] MOTION to Amend/Correct/Modify [479] Pretrial Order. This document is not a motion, it is a supplement to the motion to amend the final pretrial order. Text only entry - no document attached. (gms, )
 497 Filed: 11/18/2005, Entered: 11/18/2005 Memorandum Court Filing
MEMORANDUM referring to Magistrate Judge Shaffer : [494] and [495](Supplement) MOTION to Amend/Correct/Modify [479] Pretrial Order filed by Harvey Sender, by Judge Lewis T. Babcock on 11/18/05. (Text Only Entry - No Document Attached) (emksl, )
PDF 498 Filed: 12/6/2005, Entered: 12/6/2005 Order on Motion to Amend/Correct/Modify Court Filing
ORDER granting [494] Plaintiff's Motion to Amend Final Pretrial Order. Signed by Magistrate Judge Craig B Shaffer on 12/6/05. (emksl, )
PDF 499 Filed: 12/14/2005, Entered: 12/14/2005 Order on Motion to Strike Court Filing
ORDER granting Plaintiff's [463] Motion to Strike as to the Freeborn defendants' briefs in support of their [456] MOTION for Summary Judgment. The Freeborn defendants' briefs, [457] Brief in Support of Motion, [458] Brief in Support of Motion, [459] Brief in Support of Motion and [460] Brief in Support of Motion are stricken. Freeborn defendants have 15 days to re-file single brief subject to page limits. Signed by Judge Lewis T. Babcock on 12/14/05. (gms, )
PACER 500 Filed: 12/29/2005, Entered: 12/29/2005 Brief in Support of Motion
BRIEF in Support re [456] MOTION for Summary Judgment Re-filed Summary Judgment Brief filed by Defendants Freeborn & Peters, Michael Sabian, Darwin J. Poyfair. (Attachments: # (1) Exhibit A-1 Sabian Depo.# (2) Exhibit A-2 Poyfair Depo# (3) Exhibit A-3 Mann Depo.# (4) Exhibit A-4 Company's Principals' Depo.# (5) Exhibit A-5 Poyfair Time Sheet# (6) Exhibit A-6 Hreljanovic Depo.# (7) Exhibit A-7 Pl. Dep. Exs.# (8) Exhibit A-8 Hreljanovic Dep. Exs.# (9) Exhibit A-9 Royal Depo.# (10) Exhibit A-10 CPA Payment Report# (11) Exhibit A-11 Ltr dtd 10/7/98# (12) Exhibit A-12 10/6/98 to Mann# (13) Exhibit A-13 Noteholders Informed of Criminal Investigation# (14) Exhibit A-14 Summary of Noteholders' Other Litigation# (15) Exhibit A-15 Sender Depo.# (16) Exhibit A-16 Seawell Rept.# (17) Exhibit A-17 Disclosures# (18) Exhibit A-18 Tyre Depo.# (19) Exhibit A-19 Fed. Mgmt. Co. v. Coopers & Lybrand# (20) Exhibit A-20 Seawell Depo.# (21) Exhibit A-21 First Fin. Sav. Bank, Inc. v. Am. Bankers Ins. Co# (22) Exhibit A-22 Supplemental Responses# (23) Exhibit A-23 Plea Agreement# (24) Exhibit A-24 Plea Agreement)(Fairless, Carolyn)
PACER 501 Filed: 1/18/2006, Entered: 1/18/2006 Response
RESPONSE to [500] Brief in Support of Motion,,,, by Plaintiff Harvey Sender. (Attachments: # (1) Exhibit 1# (2) Exhibit 2# (3) Exhibit 3# (4) Exhibit 4# (5) Exhibit 5# (6) Exhibit 6# (7) Exhibit 7# (8) Exhibit 8# (9) Exhibit 9# (10) Exhibit 10# (11) Exhibit 11# (12) Exhibit 12# (13) Exhibit 13# (14) Exhibit 14# (15) Exhibit 15# (16) Exhibit 16# (17) Exhibit 17# (18) Exhibit 18# (19) Exhibit 19# (20) Exhibit 20# (21) Exhibit 21# (22) Exhibit 22# (23) Exhibit 23# (24) Exhibit 24# (25) Exhibit 25# (26) Exhibit 26# (27) Exhibit 27# (28) Exhibit 28# (29) Exhibit 29# (30) Exhibit 30# (31) Exhibit 31# (32) Exhibit 32)(Hartl, Theodore)
PACER 502 Filed: 1/31/2006, Entered: 1/31/2006, Terminated: 2/1/2006 Motion for Extension of Time to File Response/Repl
Unopposed MOTION for Extension of Time to File Response/Reply as to [501] Response,,, [500] Brief in Support of Motion,,,, for Summary Judgment by Defendants Freeborn & Peters, Michael Sabian, Darwin J. Poyfair. (Attachments: # (1) Proposed Order (PDF Only))(Fairless, Carolyn)
PDF 503 Filed: 2/1/2006, Entered: 2/1/2006 Order on Motion for Extension of Time to File Resp Court Filing
Minute ORDER granting Defendant Poyfair, Sabian and Freeborn & Peters' Unopposed [502] Motion for Extension of Time to File Reply in Support of [456] MOTION for Summary Judgment to 2/8/06, by Judge Lewis T. Babcock on 2/1/06. (gms, )
PDF 504 Filed: 2/8/2006, Entered: 2/8/2006 Reply to Response to Motion
REPLY to Response to Motion re [456] MOTION for Summary Judgment filed by Defendants Freeborn & Peters, Michael Sabian, Darwin J. Poyfair. (Walker, Julie)
PDF 505 Filed: 3/14/2006, Entered: 3/14/2006 Notice (Other)
NOTICE of Grant of Certiorari by Colorado Supreme Court by Defendants Freeborn & Peters, Michael Sabian, Darwin J. Poyfair (Walker, Julie)
PDF 506 Filed: 3/20/2006, Entered: 3/20/2006 Order on Motion for Summary Judgment Court Filing
ORDER granting in part and denying in part Sender's [455] Motion for Summary Judgment, construed in part as a motion to strike, is DENIED as to all affirmative defenses except a) statute of limitations barring claimson behalf of noteholders,waiver and estoppel, common law collateral source, and the Leone defendants? defense of waiver and laches. Upon all of the Leonedefendants' counterclaims is GRANTED and those counterclaims are DISMISSED. ORDER also: granting in part and denying in part Freeborn Defendant's [456] Motion for Summary Judgment. The Freeborn defendants have withdrawn defenses 24, 25 and laches so Sender's motion [455] as to these defenses is DENIED as moot; The Freeborn defendants' motion for summary judgment [500] is GRANTED as to Sender's claims for aiding and abetting fraud, aiding and abetting breach of fiduciary duty, violation of COCCA, civil conspiracy, and punitive damages and is otherwise DENIED. Signed by Judge Lewis T. Babcock on 03/20/06. (rlp, )
PDF 507 Filed: 3/22/2006, Entered: 3/22/2006 Order Court Filing
MINUTE ORDER re: [506] Order on Motion for Summary Judgment, Proposed Final Pretrial Order due by 4/6/2006. Final Pretrial Conference set for 4/13/2006 02:00 PM in Courtroom A 402 before Magistrate Judge Craig B Shaffer, by Magistrate Judge Craig B Shaffer on 03/22/06. (rlp, )
PDF 508 Filed: 3/28/2006, Entered: 3/28/2006 Order Court Filing
MINUTE ORDER Final Pretrial Conference RESET for 4/28/2006 08:30 AM in Courtroom A 402 before Magistrate Judge Craig B Shaffer. Proposed Final Pretrial Order due by 4/25/2006 by Magistrate Judge Craig B Shaffer on 03/27/06. (rlp, )
PDF 509 Filed: 4/5/2006, Entered: 4/5/2006 Order Court Filing
MINUTE ORDER Proposed Final Pretrial Order due by 5/18/2006. Final Pretrial Conference set for 5/25/2006 10:00 AM in Courtroom A 402 before Magistrate Judge Craig B Shaffer, by Magistrate Judge Craig B Shaffer on 04/05/06. (rlp, )
PACER 510 Filed: 4/13/2006, Entered: 4/13/2006, Terminated: 4/14/2006 Motion to Withdraw
MOTION to Withdraw Appearance of Ann H. Cisneros by Plaintiff Harvey Sender. (Attachments: # (1) Proposed Order (PDF Only))(Cisneros, Ann)
PDF 511 Filed: 4/14/2006, Entered: 4/14/2006 Order on Motion to Withdraw Court Filing
MINUTE ORDER granting [510] Motion to Withdraw Appearance of Ann H. Cisneros. Signed by Judge Lewis T. Babcock on 04/14/06. (rlp, )
PACER 512 Filed: 5/18/2006, Entered: 5/18/2006 Proposed Pretrial Order
Proposed Pretrial Order Submitted by Plaintiff Harvey Sender, Defendants Freeborn & Peters, Michael Sabian, Darwin J. Poyfair. (Attachments: # (1) Proposed Document Final Pretrial Order# (2) Exhibit A-C# (3) Exhibit D-F# (4) Exhibit G-K# (5) Exhibit L-1# (6) Exhibit L-2# (7) Exhibit M-N# (8) Exhibit O-Q)(Smiley, John)
PDF 513 Filed: 5/19/2006, Entered: 5/19/2006, Terminated: 5/19/2006 Motion for Miscellaneous Relief
MOTION to Attend Pretrial Conference by Phone, by Counter Claimants James R. Leone, P.A., James R. Leone, Cross Claimants James R. Leone, P.A., James R. Leone, Defendants James R. Leone, P.A., James R. Leone. (rlp, )
PDF 514 Filed: 5/19/2006, Entered: 5/19/2006 Objections
Notice of OBJECTIONS to [512] Proposed Pretrial Order, by Counter Claimants James R. Leone, P.A., James R. Leone, Cross Claimants James R. Leone, P.A., James R. Leone, Defendants James R. Leone, P.A., James R. Leone. (rlp, )
 515 Filed: 5/19/2006, Entered: 5/19/2006 Memorandum Court Filing
MEMORANDUM referring to Magistrate Judge Shaffer : [513] MOTION to filed by James R. Leone, P.A., James R. Leone, by Judge Lewis T. Babcock on 05/19/06. (Text Only Entry - No Document Attached)(rlp, )
PDF 516 Filed: 5/19/2006, Entered: 5/19/2006 Order on Motion for Miscellaneous Relief Court Filing
MINUTE ORDER denying [513] Motion to Attend Pretrial Conference (by phone) by Magistrate Judge Craig B Shaffer on 05/19/06. (rlp, )
PDF 517 Filed: 5/22/2006, Entered: 5/23/2006 Motion to Clarify
MOTION to Clarify Order or Alternative MOTION for Leave to Adopt or File MSJ and Further PTO Objections, by Counter Claimants James R. Leone, P.A., James R. Leone, Cross Claimants James R. Leone, P.A., James R. Leone, Defendants James R. Leone, P.A., James R. Leone. (rlp, )
PDF 518 Filed: 5/24/2006, Entered: 5/24/2006 Order Court Filing
MINUTE ORDER re: [517]Defendant James R. Leone has filed a Motion to Clarify Order or Alternative Motion for Leave to Adopt or File MSJ and Further PTO Objections. Plaintiff and other Defendants have up to and including June 5, 2006 to file a response by Judge Lewis T. Babcock on 05/24/06. (rlp, )
PDF 519 Filed: 5/25/2006, Entered: 5/25/2006 Status Conference Court Filing
Minute Entry for proceedings held before Judge Craig B Shaffer : Status Conference held on 5/25/2006 : No later than JUNE 15, 2006, the parties shall file either Appropriate documents to resolve their disputes and claims OR a Joint Status Report advising the Court of the progress made in thesettlement and how much time is needed if the parties need additional timeto complete the settlement (Court Reporter Ellen E. Miller - FTR.) (rlp, )
 520 Filed: 5/25/2006, Entered: 5/25/2006 Set/Reset Deadlines and Hearings
Utility Setting Deadlines: Text only entry - no document attached. Status Report due by 6/15/2006 per the Courtroom minutes of 05/25/06. (rlp, )
PDF 521 Filed: 5/25/2006, Entered: 5/30/2006 Settlement Conference Court Filing
Minute Entry for proceedings held before Judge Craig B Shaffer : Settlement Conference held on 5/25/2006, no settlement was reached, no record made (rlp, )
PDF 522 Filed: 6/5/2006, Entered: 6/5/2006 Response to Motion
RESPONSE to Motion re [517] MOTION to Clarify MOTION for Leave to MOTION for Leave to Adopt or File MSJ, and Further PTO Objections Fed.R.Civ.P. 16(c) filed by Plaintiff Harvey Sender. (Hartl, Theodore)
PDF 523 Filed: 6/9/2006, Entered: 6/9/2006 Mail Returned
Mail Returned as Undeliverable re: [516] Order on Motion for Miscellaneous Relief Addressed to Daniel N. Brodersen. (rlpsl, )
PDF 524 Filed: 6/15/2006, Entered: 6/15/2006 Status Report
STATUS REPORT SUBMITTED by Plaintiff Harvey Sender, Defendants Freeborn & Peters, Michael Sabian, Darwin J. Poyfair. (Smiley, John)
PDF 525 Filed: 6/16/2006, Entered: 6/16/2006 Order Court Filing
MINUTE ORDER setting deadlines: Dismissal Paper due by 7/17/2006. Status Report due by 7/31/2006. Signed by Magistrate Judge Craig B Shaffer on 06/16/06. (rlp, )
PDF 526 Filed: 6/19/2006, Entered: 6/19/2006 Reply to Response to Motion
REPLY to Response to [517] MOTION to Clarify MOTION for Leave to MOTION for Leave to filed by Defendants James R. Leone, P.A., James R. Leone. (pap, )
PDF 527 Filed: 7/17/2006, Entered: 7/17/2006 Notice (Other)
[NOTICE]Consent to Status Report, by Defendants James R. Leone, P.A., James R. Leone (rlp, )
PDF 528 Filed: 7/17/2006, Entered: 7/17/2006 Status Report
STATUS REPORT by Plaintiff Harvey Sender. (Smiley, John)
PACER 529 Filed: 7/31/2006, Entered: 7/31/2006 Stipulation of Dismissal of Case
STIPULATION of Dismissal of Case Joint Stipulation for Dismissal With Prejudice by Plaintiff Harvey Sender, Defendants Freeborn & Peters, Michael Sabian, Darwin J. Poyfair. (Attachments: # (1) Proposed Order (PDF Only) Proposed Order of Dismissal With Prejudice)(Smiley, John)
PDF 530 Filed: 8/1/2006, Entered: 8/1/2006 Order Court Filing
ORDER of dismissal with prejudice re: [529] Stipulation of Dismissal of Case, filed by Harvey Sender. Darwin J. Poyfair and Michael Sabian terminated as parties, all claims dismissed with prejudice, parties to bear their own costs and fees. Signed by Judge Lewis T. Babcock on 08/01/06. (rlp, )
PACER 531 Filed: 8/8/2006, Entered: 8/8/2006 Stipulation of Dismissal of Case
STIPULATION of Dismissal of Case with Prejudice by Plaintiff Harvey Sender, Defendant Freeborn & Peters. (Attachments: # (1) Proposed Order (PDF Only) of Dismissal with Prejudice)(Smiley, John)
PACER 532 Filed: 8/8/2006, Entered: 8/8/2006 Stipulation of Dismissal of Case
STIPULATION of Dismissal of Case with Prejudice by Plaintiff Harvey Sender, Defendants James R. Leone, P.A., James R. Leone. (Attachments: # (1) Proposed Order (PDF Only) of Dismissal With Prejudice)(Smiley, John)
PDF 533 Filed: 8/9/2006, Entered: 8/10/2006 Order Court Filing
ORDER Of Dismissal With Prejudice pursuant to [531] Stipulation of Dismissal of Case filed by Harvey Sender. All claims, causes of action, andassertions among the parties to the Joint Stipulation are dismissed with prejudice pursuant to Rule 41 of the Federal Rules of Civil Procedure. The parties shall bear their own costs and attorneys' fees. Signed by Judge Lewis T. Babcock on 08/09/06. (rlp2, )
PDF 534 Filed: 8/9/2006, Entered: 8/10/2006 Order Court Filing
ORDER Of Dismissal With Prejudice pursuant to [532] Stipulation of Dismissal of Case filed by Harvey Sender, all claims, causes of action, and assertions among the parties to the Stipulation are dismissed with prejudice pursuant to Rule 41 of the Federal Rules of Civil Procedure. The parties shall bear their own costs and attorneys' fees. Signed by Judge Lewis T. Babcock on 08/09/06. (rlp2, )
PACER 535 Filed: 9/12/2006, Entered: 9/12/2006, Terminated: 9/13/2006 Motion to Dismiss Party
MOTION to Dismiss Party William Jeffrey Mann by Plaintiff Harvey Sender. (Attachments: # (1) Proposed Order (PDF Only) Order of Dismissal Without Prejudice)(Smiley, John)
PDF 536 Filed: 9/13/2006, Entered: 9/13/2006 Order on Motion to Dismiss Party Court Filing
ORDER granting [535] Motion to Dismiss, all claims, causes of action, andassertions of Defendant William Jeffrey Mann are dismissed without prejudice. The parties shall bear their own costs and attorneys' fees. Signed by Judge Lewis T. Babcock on 09/13/06.(rlp2, )

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