Pickering v. Lorillard Tobacco Company, Inc.

Federal Civil Lawsuit Alabama Middle District Court, Case No. 2:10-cv-00633-WKW-SRW
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Parties
No Logo Brandum Lynum, Plaintiff

Represented by Cory Watson, P.C.

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, LEAD ATTORNEY D. Brett Turnbull - PHV +1 205 328 2200 +1 205 324 7896 bturnbull@corywatson.com

Represented by FARRIS RILEY & PITT LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Kirby Dee Farris +1 205 324 1212 +1 205 324 1255 kfarris@frplegal.com
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Kenneth Evan Riley +1 205 324 1212 +1 205 324 1255 kriley@frplegal.com
No Logo James Pickering, Jr., Plaintiff

Represented by Cory Watson, P.C.

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, LEAD ATTORNEY D. Brett Turnbull - PHV +1 205 328 2200 +1 205 324 7896 bturnbull@corywatson.com

Represented by FARRIS RILEY & PITT LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Kirby Dee Farris +1 205 324 1212 +1 205 324 1255 kfarris@frplegal.com
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Kenneth Evan Riley +1 205 324 1212 +1 205 324 1255 kriley@frplegal.com
v.
No Logo LORILLARD TOBACCO COMPANY, INC., Defendant

Represented by Burr & Forman LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY J. Trent Scofield +1 205 458 5149 +1 205 458 5100 tscofield@burr.com

Represented by Ogletree, Deakins, Nash, Smoak & Stewart, PC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Peyton L Lacy, Jr. +1 205 328 1900 +1 205 328 6000 peyton.lacy@ogletreedeakins.com

Represented by Proskauer Rose LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY Joshua F Alloy +1 212 969 3000 +1 212 969 2900 jalloy@proskauer.com
ATTORNEY TO BE NOTICED, PRO HAC VICE Elise Michelle Bloom +1 212 969 3000 +9692 969 969 2900 ebloom@proskauer.com
ATTORNEY TO BE NOTICED, PRO HAC VICE Brian Jeffrey Gershengorn +1 212 969 3000 +1 212 969 2900 bgershengorn@proskauer.com
ATTORNEY TO BE NOTICED, PRO HAC VICE Gregory I Rasin +1 212 545 4016 +1 212 490 0991 grasin@proskauer.com
ATTORNEY TO BE NOTICED, PRO HAC VICE Nigel F Telman +1 312 853 2106 ntelman@proskauer.com
Attributes
Citation Unknown
Nature of Suit 710 - Labor: Fair Labor Standards Act
Timeline
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Blank 87 Filed: 9/19/2012, Entered: None Court Filing
ORDER AS FOLLOWS: (1) the parties' joint Motion for an Order Approving Settlement 85 is GRANTED, and the settlement agreement is APPROVED; (2) all claims in this action are DISMISSED with prejudice on the terms agreed to by the parties and set out in the Stipulation 83 ; and (3) the Clerk of the Court is DIRECTED to close this case. Signed by Chief Judge William Keith Watkins on 9/18/2012. (jg, ) TERMINATED: Final Pretrial Conference 10/11/2012; Jury Trial 11/05/2012
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Legal Document (Payment Possibly Required) 87 Filed: 9/18/2012, Entered: None Unknown Document TypeCourt Filing
ORDER AS FOLLOWS: (1) the parties' joint Motion for an Order Approving Settlement 85 is GRANTED, and the settlement agreement is APPROVED; (2) all claims in this action are DISMISSED with prejudice on the terms agreed to by the parties and set out in the Stipulation 83 ; and (3) the Clerk of the Court is DIRECTED to close this case. Signed by Chief Judge William Keith Watkins on 9/18/2012. (jg, ) TERMINATED: Final Pretrial Conference 10/11/2012; Jury Trial 11/05/2012 (Entered: 09/18/2012)
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Legal Document (Payment Possibly Required) 86 Filed: 9/18/2012, Entered: None Unknown Document TypeCourt Filing
ORDER: The Clerk of the Court is DIRECTED to add opt-in Plaintiff Brandum Lynum 58 as a party-plaintiff and to change the caption accordingly. Signed by Chief Judge William Keith Watkins on 9/18/2012. (jg, ) (Entered: 09/18/2012)
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Legal Document (Payment Possibly Required) 85 Filed: 9/12/2012, Entered: None Unknown Document Type
JOINT MEMORANDUM in Support re 83 Stipulation of Dismissal, 84 Order, filed by Lorillard Tobacco Company, Inc. (Scofield, Joseph) Modified on 9/13/2012 to clarify docket text (jg, ). (Entered: 09/12/2012)
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Legal Document (Payment Possibly Required) 84 Filed: 9/7/2012, Entered: None Unknown Document TypeCourt Filing
ORDER that on or before September 12, 2012, the parties are DIRECTED to submit to chambers for in camera review a copy of the settlement agreement, as well as evidence of the facts supporting the reasonableness and fairness of said agreement. Signed by Chief Judge William Keith Watkins on 9/7/2012. (jg, ) (Entered: 09/07/2012)
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Legal Document (Payment Possibly Required) 83 Filed: 8/9/2012, Entered: None Unknown Document Type
STIPULATION of Dismissal & Order of Dismissal With Prejudice by Lorillard Tobacco Company, Inc.. (Scofield, Joseph) (Entered: 08/09/2012)
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Legal Document (Payment Possibly Required) 82 Filed: 7/19/2012, Entered: None Unknown Document TypeCourt Filing
ORDER: The parties have advised the court that a settlement has been reached in this matter. Accordingly, it is ORDERED that the parties file a joint stipulation of dismissal, in accordance with Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, on or before August 10, 2012. Signed by Chief Judge William Keith Watkins on 7/19/2012. (jg, ) (Entered: 07/19/2012)
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Legal Document (Payment Possibly Required) 81 Filed: 4/4/2012, Entered: None Unknown Document TypeCourt Filing
ORDER denying 75 Motion to Alter or Amend, as further set out. Signed by Chief Judge William Keith Watkins on 4/4/12. (scn, ) (Entered: 04/04/2012)
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Legal Document (Payment Possibly Required) 80 Filed: 4/2/2012, Entered: None Unknown Document TypeCourt Filing
ORDER that 78 Motion for Admission Pro Hac Vice is GRANTED, and that Joshua F. Alloy is ADMITTED pro hac vice as counsel on behalf of Defendant. Signed by Chief Judge William Keith Watkins on 4/2/2012. (cc, ) (Entered: 04/02/2012)
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Legal Document (Payment Possibly Required) 79 Filed: 3/22/2012, Entered: None Unknown Document Type
Pro Hac Vice Filing fee for Joshua F. Alloy received re 78 Motion to Appear Pro Hac Vice: $ 50.00, receipt number 4602022157. (dmn, ) (Entered: 03/23/2012)
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Legal Document (Payment Possibly Required) 78 Filed: 3/21/2012, Entered: None Unknown Document Type
Motion to Appear Pro Hac Vice by Lorillard Tobacco Company, Inc.. (Scofield, Joseph) (Entered: 03/21/2012)
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Legal Document (Payment Possibly Required) 77 Filed: 3/16/2012, Entered: None Unknown Document Type
RESPONSE in Opposition to Motion re 75 MOTION to Amend/Correct or Alter filed by Lorillard Tobacco Company, Inc.. (Scofield, Joseph) Modified on 3/19/2012 to clarify docket text (jg, ). (Entered: 03/16/2012)
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Legal Document (Payment Possibly Required) 76 Filed: 2/29/2012, Entered: None Unknown Document TypeCourt Filing
ORDER: Upon consideration of Plaintiff's Motion to Alter or Amend 75, it is ORDERED that Defendant file a response to the motion on or before March 16, 2012. Signed by Chief Judge William Keith Watkins on 2/29/2012. (jg, ) (Entered: 02/29/2012)
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Legal Document (Payment Possibly Required) 75 Filed: 2/27/2012, Entered: None Unknown Document Type
MOTION to Amend/Correct or Alter re 70 order by James Pickering, Jr. (Attachments: # 1 Exhibit A)(Farris, Kirby) Modified on 2/28/2012 to add link and docket text to order (jg, ). (Entered: 02/27/2012)
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Legal Document (Payment Possibly Required) 74 Filed: 2/15/2012, Entered: None Unknown Document TypeCourt Filing
AMENDED UNIFORM SCHEDULING ORDER: Final Pretrial Conference set for 10/11/2012 in Montgomery, Alabama before Chief Judge William Keith Watkins. Jury Trial set for 11/5/2012 trial term in Montgomery, Alabama before Chief Judge William Keith Watkins. Discovery due by 7/6/2012. Motions due by 7/15/2012. Mediation Notice due by 7/22/2012. Signed by Chief Judge William Keith Watkins on 2/15/2012. (jg, ) (Entered: 02/15/2012)
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Legal Document (Payment Possibly Required) 73 Filed: 2/13/2012, Entered: None Unknown Document Type
Revised Joint REPORT of Rule 26(f) Planning Meeting. (Attachments: # 1 Exhibit A)(Farris, Kirby) Modified on 2/14/2012 to clarify docket text (jg, ). (Entered: 02/13/2012)
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Legal Document (Payment Possibly Required) 72 Filed: 1/30/2012, Entered: None Unknown Document Type
REPLY BRIEF re 65 MOTION for Leave to File Reply Brief in Support of 60 Motion to Strike filed by Lorillard Tobacco Company, Inc.. (Scofield, Joseph) Modified on 1/31/2012 to add link to motion (jg, ). (Entered: 01/30/2012)
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Legal Document (Payment Possibly Required) 71 Filed: 1/30/2012, Entered: None Unknown Document Type
SUR-REPLY in Opposition re 62 MOTION for Leave to File Sur-Reply in Opposition to Plaintiff's 36 Motion for Conditional Class Certification and Judicial Notice filed by Lorillard Tobacco Company, Inc.. (Scofield, Joseph) Modified on 1/31/2012 to add link to motion (jg, ). (Entered: 01/30/2012)
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Legal Document (Payment Possibly Required) 70 Filed: 1/30/2012, Entered: None Unknown Document TypeCourt Filing
MEMORANDUM OPINION AND ORDER that (1) Mr. Pickering's Motion for Conditional Class Certification and for Judicial Notice 36 is DENIED, (2) Mr. Pickering's Motion to Compel 36 -1 is DENIED, and (3) Lorillard's Motion to Strike Plaintiff's Expert Affidavit and Exclude Testimony from Plaintiff's Expert 60 is GRANTED, but Lorillard's request for costs, expenses and attorney's fees incurred in connection with filing the motion is DENIED. Signed by Chief Judge William Keith Watkins on 1/30/2012. (Attachments: # 1 Civil Appeals Checklist)(jg, ) (Entered: 01/30/2012)
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Legal Document (Payment Possibly Required) 69 Filed: 1/30/2012, Entered: None Unknown Document TypeCourt Filing
ORDER: Upon consideration of Defendant's Motion for Leave to File Sur-Reply in Opposition to Plaintiff's Motion for Conditional Class Certification and Judicial Notice 62 and Defendant's Motion for Leave of Court to File Reply Brief 65, it is ORDERED that the motions are GRANTED. Signed by Chief Judge William Keith Watkins on 1/30/2012. (jg, ) (Entered: 01/30/2012)
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Legal Document (Payment Possibly Required) 68 Filed: 1/25/2012, Entered: None Unknown Document TypeCourt Filing
ORDER: Upon consideration of the parties' Joint Motion to Amend Scheduling Order and Stay Deadlines 67, it is ORDERED that the motion is GRANTED. The deadlines in ยงยง 2, 3, 7, 9, 10 and 11 of the Uniform Scheduling Order 27 and the pretrial conference and trial dates in the Order entered on January 23, 2012 66 are STAYED. The parties are DIRECTED to file a revised joint discovery plan and proposed Amended Scheduling Order no later than fourteen days after rulings have been entered on the pending motions. Signed by Chief Judge William Keith Watkins on 1/25/2012. (jg, ) STAYED: Final Pretrial Conference 05/01/2012; Jury Trial 06/05/2012 (Entered: 01/25/2012)
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Legal Document (Payment Possibly Required) 67 Filed: 1/24/2012, Entered: None Unknown Document Type
Joint MOTION to Amend/Correct 30 Order, Set Deadlines, Terminate Motions, 27 Scheduling Order,, MOTION to Stay by Lorillard Tobacco Company, Inc.. (Attachments: # 1 Text of Proposed Order Exh A - Proposed Agreed Amended Scheduling Order)(Scofield, Joseph) (Entered: 01/24/2012)
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Legal Document (Payment Possibly Required) 66 Filed: 1/23/2012, Entered: None Unknown Document TypeCourt Filing
ORDER that the trial, presently set for June 4, 2012, is CONTINUED to June 5, 2012; and the pretrial conference presently set for May 3, 2012, is RESET for May 1, 2012. All other deadlines previously set remain in effect. Signed by Chief Judge William Keith Watkins on 1/23/2012. (jg, ) (Entered: 01/23/2012)
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Legal Document (Payment Possibly Required) 65 Filed: 12/6/2011, Entered: None Unknown Document Type
MOTION for Leave to File Reply Brief by Lorillard Tobacco Company, Inc.. (Attachments: # 1 Exhibit A - Reply Brief)(Scofield, Joseph) (Entered: 12/06/2011)
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Legal Document (Payment Possibly Required) 64 Filed: 11/28/2011, Entered: None Unknown Document Type
RESPONSE to Motion re 60 MOTION to Strike 59 Reply to Response to Motion, Plaintiff's Expert Affidavit and Exclude Testimony from Plaintiff's Expert filed by James Pickering, Jr. (Farris, Kirby) (Entered: 11/28/2011)
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Legal Document (Payment Possibly Required) 63 Filed: 11/16/2011, Entered: None Unknown Document TypeCourt Filing
ORDER; Upon consideration of Defendant's Motion to Strike Plaintiff's Expert Affidavit and Exclude Testimony from Plaintiff's Expert 60, it is ORDERED that Plaintiff file a response to the motion on or before November 28, 2011. Signed by Chief Judge William Keith Watkins on 11/16/2011. (jg, ) (Entered: 11/16/2011)
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Legal Document (Payment Possibly Required) 62 Filed: 11/1/2011, Entered: None Unknown Document Type
MOTION for Leave to File Sur-Reply in Opposition to Plaintiff's 36 Motion for Conditional Class Certification and Judicial Notice by Lorillard Tobacco Company, Inc.. (Attachments: # 1 Exhibit A - Defendant's Sur-Reply in Opposition to Plaintiff's Motion for Conditional Class Certification and Judicial Notice)(Scofield, Joseph) Modified on 11/2/2011 to clarify docket text (jg, ). (Entered: 11/01/2011)
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Legal Document (Payment Possibly Required) 61 Filed: 11/1/2011, Entered: None Unknown Document Type
BRIEF/MEMORANDUM in Support re 60 MOTION to Strike 59 Reply to Response to Motion, Plaintiff's Expert Affidavit and Exclude Testimony from Plaintiff's Expert filed by Lorillard Tobacco Company, Inc.. (Scofield, Joseph) (Entered: 11/01/2011)
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Legal Document (Payment Possibly Required) 60 Filed: 11/1/2011, Entered: None Unknown Document Type
MOTION to Strike 59 Reply to Response to Motion, Plaintiff's Expert Affidavit and Exclude Testimony from Plaintiff's Expert by Lorillard Tobacco Company, Inc.. (Scofield, Joseph) (Entered: 11/01/2011)
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Legal Document (Payment Possibly Required) 59 Filed: 10/27/2011, Entered: None Unknown Document Type
REPLY to Response to Motion re 36 MOTION to Certify Class and for Judicial Notice filed by James Pickering, Jr. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Farris, Kirby) (Additional attachment(s) added on 10/28/2011: # 4 Redacted Exhibit A) (jg, ). Document has been edited to restrict access to personal information pursuant to the E-Government Act. Modified on 10/28/2011 (jg, ). (Entered: 10/27/2011)
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Legal Document (Payment Possibly Required) 58 Filed: 10/19/2011, Entered: None Unknown Document Type
NOTICE by James Pickering, Jr of Consent to Join by (Attachments: # 1 Exhibit A of Brandon J. Lynum)(Farris, Kirby) Modified on 10/20/2011 to clarify docket text (jg, ). (Entered: 10/19/2011)
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Legal Document (Payment Possibly Required) 57 Filed: 10/14/2011, Entered: None Unknown Document Type
NOTICE by James Pickering, Jr (Attachments: # 1 Exhibit A)(Farris, Kirby) Document has been edited to restrict access to personal information pursuant to the E-Government Act. Modified on 10/17/2011 (jg, ). (Additional attachment(s) added on 10/17/2011: # 2 Redacted Exhibit A of James W. Pickering, Jr.) (jg, ). Modified on 10/20/2011 to add name to the exhibit (jg, ). (Entered: 10/14/2011)
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Legal Document (Payment Possibly Required) 56 Filed: 10/13/2011, Entered: None Unknown Document Type
AFFIDAVIT in Opposition re 36 MOTION to Certify Class and for Judicial Notice Declaration of Kevin Sunderland filed by Lorillard Tobacco Company, Inc.. (Scofield, Joseph) (Entered: 10/13/2011)
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Legal Document (Payment Possibly Required) 55 Filed: 10/13/2011, Entered: None Unknown Document Type
AFFIDAVIT in Opposition re 36 MOTION to Certify Class and for Judicial Notice Declaration of Chris Mitchman filed by Lorillard Tobacco Company, Inc.. (Scofield, Joseph) (Entered: 10/13/2011)
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Legal Document (Payment Possibly Required) 54 Filed: 10/13/2011, Entered: None Unknown Document Type
AFFIDAVIT in Opposition re 36 MOTION to Certify Class and for Judicial Notice Declaration of Dick Ludwig filed by Lorillard Tobacco Company, Inc.. (Scofield, Joseph) (Entered: 10/13/2011)
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Legal Document (Payment Possibly Required) 53 Filed: 10/13/2011, Entered: None Unknown Document Type
AFFIDAVIT in Opposition re 36 MOTION to Certify Class and for Judicial Notice Declaration of Tina King filed by Lorillard Tobacco Company, Inc.. (Scofield, Joseph) (Entered: 10/13/2011)
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Legal Document (Payment Possibly Required) 52 Filed: 10/13/2011, Entered: None Unknown Document Type
AFFIDAVIT in Opposition re 36 MOTION to Certify Class and for Judicial Notice Declaration of Hoon Kim filed by Lorillard Tobacco Company, Inc.. (Scofield, Joseph) (Entered: 10/13/2011)
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Legal Document (Payment Possibly Required) 51 Filed: 10/13/2011, Entered: None Unknown Document Type
AFFIDAVIT in Opposition re 36 MOTION to Certify Class and for Judicial Notice Declaration of Shondell Greene filed by Lorillard Tobacco Company, Inc.. (Scofield, Joseph) (Entered: 10/13/2011)
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Legal Document (Payment Possibly Required) 50 Filed: 10/13/2011, Entered: None Unknown Document Type
AFFIDAVIT in Opposition re 36 MOTION to Certify Class and for Judicial Notice Declaration of Rich Conrad filed by Lorillard Tobacco Company, Inc.. (Scofield, Joseph) (Entered: 10/13/2011)
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Legal Document (Payment Possibly Required) 49 Filed: 10/13/2011, Entered: None Unknown Document Type
AFFIDAVIT in Opposition re 36 MOTION to Certify Class and for Judicial Notice Declaration of Stacey Coligan filed by Lorillard Tobacco Company, Inc.. (Scofield, Joseph) (Entered: 10/13/2011)
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Legal Document (Payment Possibly Required) 48 Filed: 10/13/2011, Entered: None Unknown Document Type
AFFIDAVIT in Opposition re 36 MOTION to Certify Class and for Judicial Notice Declaration of Stacy Bradberry filed by Lorillard Tobacco Company, Inc.. (Scofield, Joseph) (Entered: 10/13/2011)
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Legal Document (Payment Possibly Required) 47 Filed: 10/13/2011, Entered: None Unknown Document Type
AFFIDAVIT in Opposition re 36 MOTION to Certify Class and for Judicial Notice Declaration of Doug Barber filed by Lorillard Tobacco Company, Inc.. (Scofield, Joseph) (Entered: 10/13/2011)
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Legal Document (Payment Possibly Required) 46 Filed: 10/13/2011, Entered: None Unknown Document Type
AFFIDAVIT in Opposition re 36 MOTION to Certify Class and for Judicial Notice Declaration of Mike Augustyni filed by Lorillard Tobacco Company, Inc.. (Scofield, Joseph) (Entered: 10/13/2011)
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Legal Document (Payment Possibly Required) 45 Filed: 10/13/2011, Entered: None Unknown Document Type
AFFIDAVIT in Opposition re 36 MOTION to Certify Class and for Judicial Notice Declaration of Kathleen A. Sparrow filed by Lorillard Tobacco Company, Inc.. (Scofield, Joseph) (Entered: 10/13/2011)
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Legal Document (Payment Possibly Required) 44 Filed: 10/13/2011, Entered: None Unknown Document Type
AFFIDAVIT in Opposition re 36 MOTION to Certify Class and for Judicial Notice Declaration of Brian J. Gershengorn filed by Lorillard Tobacco Company, Inc.. (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)(Scofield, Joseph) Document has been edited to restrict access to personal information pursuant to the E-Government Act. (Additional attachment(s) added on 10/17/2011: # 9 Redacted Exhibit 1) (cc, ). (Entered: 10/13/2011)
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Legal Document (Payment Possibly Required) 43 Filed: 10/13/2011, Entered: None Unknown Document Type
BRIEF/MEMORANDUM in Opposition re 36 MOTION to Certify Class and for Judicial Notice filed by Lorillard Tobacco Company, Inc.. (Scofield, Joseph) (Entered: 10/13/2011)
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Legal Document (Payment Possibly Required) 42 Filed: 9/27/2011, Entered: None Unknown Document TypeCourt Filing
ORDER: Upon consideration of Defendant's Motion for Extension of Time to File Opposition Brief 41, it is ORDERED that the motion is GRANTED, and that the time for Defendant to file a response to Plaintiff's motion for conditional class certification and for judicial notice is EXTENDED to and including October 13, 2011. The time for Plaintiff to file a reply brief is EXTENDED to and including October 27, 2011. Signed by Chief Judge William Keith Watkins on 9/27/2011. (jg, ) (Entered: 09/27/2011)
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Legal Document (Payment Possibly Required) 41 Filed: 9/26/2011, Entered: None Unknown Document Type
MOTION for Extension of Time to File Response/Reply as to 36 MOTION to Certify Class and for Judicial Notice (Defendant's Motion for Extension of Time to File Opposition Brief) by Lorillard Tobacco Company, Inc.. (Scofield, Joseph) (Entered: 09/26/2011)
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Legal Document (Payment Possibly Required) 40 Filed: 9/26/2011, Entered: None Unknown Document TypeCourt Filing
ORDER: Upon consideration of Plaintiff's Motion to Supplement Records 38, it is ORDERED that the motion is GRANTED. Signed by Chief Judge William Keith Watkins on 9/26/2011. (jg, ) (Entered: 09/26/2011)
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Legal Document (Payment Possibly Required) 39 Filed: 9/26/2011, Entered: None Unknown Document Type
NOTICE of Correction re 38 MOTION to Supplement Records: Notice of Correction is being filed this date to advise that the referenced document was filed on 9/23/2011 and did not have a correct certificate of service attached. The corrected certificate of service is attached to this notice. (Attachments: # 1 Correct Certificate of Service)(jg, ) (Entered: 09/26/2011)
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Legal Document (Payment Possibly Required) 38 Filed: 9/23/2011, Entered: None Unknown Document Type
MOTION to Supplement Records by James Pickering, Jr. (Attachments: # 1 Exhibit A)(Farris, Kirby) (Additional attachment(s) added on 9/26/2011: # 2 Correct Certificate of Service) (jg, ). Modified on 9/26/2011 to clarify docket text and add correct certificate of service (jg, ). (Entered: 09/23/2011)
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Legal Document (Payment Possibly Required) 37 Filed: 8/26/2011, Entered: None Unknown Document Type
NOTICE of Correction re 36 MOTION to Certify Class and for Judicial Notice: Notice of Correction is being filed this date to advise that the referenced document was filed on 8/25/2011 and did not have a correct certificate of service attached. The correct certificate of service is attached to this notice. (Attachments: # 1 Correct Certificate of Service)(jg, ) (Entered: 08/26/2011)
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Legal Document (Payment Possibly Required) 36 Filed: 8/25/2011, Entered: None Unknown Document Type
MOTION to Certify Class and for Judicial Notice by James Pickering, Jr. (Attachments: # 1 Brief, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M)(Farris, Kirby) Document has been edited to restrict access to personal information pursuant to the E-Government Act. Modified on 8/26/2011 (jg, ). (Additional attachment(s) added on 8/26/2011: # 15 Correct Certificate of Service, # 16 Redacted Exhibit C, # 17 Redacted Exhibit M) (jg, ). (Entered: 08/25/2011)
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Legal Document (Payment Possibly Required) 35 Filed: 8/16/2011, Entered: None Unknown Document TypeCourt Filing
PROTECTIVE ORDER that 34 defendant's unopposed motion for protective order is GRANTED as further set out in this order. Signed by Honorable Judge Susan Russ Walker on 8/16/2011. (jg, ) (Entered: 08/16/2011)
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Legal Document (Payment Possibly Required) 34 Filed: 8/1/2011, Entered: None Unknown Document Type
MOTION for Protective Order by Lorillard Tobacco Company, Inc.. (Attachments: # 1 Exhibit 1 - Confidentiality Order signed by parties)(Scofield, Joseph) (Entered: 08/01/2011)
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Legal Document (Payment Possibly Required) 33 Filed: 7/11/2011, Entered: None Unknown Document TypeCourt Filing
ORDER: Upon consideration of the Motion for Admission Pro Hac Vice of Brian J. Gershengorn 31, it is ORDERED that the motion is GRANTED, and that Mr. Gershengorn is ADMITTED pro hac vice as counsel for Defendant Lorillard Tobacco Co., Inc. Signed by Chief Judge William Keith Watkins on 7/11/2011. (jg, ) (Entered: 07/11/2011)
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Legal Document (Payment Possibly Required) 32 Filed: 7/8/2011, Entered: None Unknown Document Type
Filing fee received for pro hac admission fees for Brian J. Gershengorn $ 50.00, receipt number 4602019135. (jg, ) (Entered: 07/11/2011)
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Legal Document (Payment Possibly Required) 31 Filed: 7/7/2011, Entered: None Unknown Document Type
Motion to Appear Pro Hac Vice by Brian J. Gershengorn for Lorillard Tobacco Company, Inc.. (Attachments: # 1 Exhibit Certificate of Good Standing)(Scofield, Joseph) Modified on 7/7/2011 to add attorney's name (jg, ). (Entered: 07/07/2011)
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Legal Document (Payment Possibly Required) 30 Filed: 6/17/2011, Entered: None Unknown Document TypeCourt Filing
ORDER directing that, upon consideration of the 29 Joint Motion, it is ORDERED that the motion is GRANTED, as further set out. Signed by Chief Judge William Keith Watkins on 6/17/11. (scn, ) (Entered: 06/17/2011)
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Legal Document (Payment Possibly Required) 29 Filed: 6/17/2011, Entered: None Unknown Document Type
Joint MOTION for Extension of Deadline Complete discovery and File motions pertaining to conditional class certification re 27 Scheduling Order, by Lorillard Tobacco Company, Inc.. (Attachments: # 1 Text of Proposed Order Exh A - Proposed Agreed Amended Scheduling Order)(Scofield, Joseph) (Entered: 06/17/2011)
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Legal Document (Payment Possibly Required) 28 Filed: 6/1/2011, Entered: None Unknown Document Type
Witness List by James Pickering, Jr. (Farris, Kirby) (Entered: 06/01/2011)
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Legal Document (Payment Possibly Required) 27 Filed: 4/4/2011, Entered: None Unknown Document Type
UNIFORM SCHEDULING ORDER: Final Pretrial Conference set for 5/3/2012 in Montgomery, AL before Honorable William Keith Watkins; Jury Trial set for 6/4/2012 in Montgomery, AL before Honorable William Keith Watkins; Dispositive Motions due by 2/3/2012; Mediation Notice due by 2/11/2012; Amended Pleadings for Plf due by 3/31/2011, and for Dft due by 4/15/2011; Discovery due by 4/19/2012, as further set out in order. Signed by Honorable William Keith Watkins on 4/4/2011. (furn: Calendar, ar)(wcl, ) (Entered: 04/04/2011)
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Legal Document (Payment Possibly Required) 26 Filed: 3/25/2011, Entered: None Unknown Document Type
REPORT of Rule 26(f) Planning Meeting. (Scofield, Joseph) (Entered: 03/25/2011)
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Legal Document (Payment Possibly Required) 25 Filed: 3/4/2011, Entered: None Unknown Document Type
RULE 26(f) ORDER; that the Rule 26(f) report containing the discovery plan shall be filed as soon as practicable but not later than March 25, 2011 as further set out in this order. Signed by Honorable William Keith Watkins on 3/4/2011. (jg, ) (Entered: 03/04/2011)
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Legal Document (Payment Possibly Required) 24 Filed: 2/8/2011, Entered: None Unknown Document Type
ANSWER to 23 Amended Complaint by Lorillard Tobacco Company, Inc..(Scofield, Joseph) (Entered: 02/08/2011)
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Legal Document (Payment Possibly Required) 23 Filed: 1/25/2011, Entered: None Unknown Document Type
AMENDED COMPLAINT against Lorillard Tobacco Company, Inc., filed by James Pickering, Jr.(Farris, Kirby) (Entered: 01/25/2011)
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Legal Document (Payment Possibly Required) 22 Filed: 1/25/2011, Entered: None Unknown Document Type
ORDER; Upon consideration of Plaintiff's Motion for Leave to Amend 21, it is ORDERED that the motion is GRANTED. Signed by Honorable William Keith Watkins on 1/25/2011. (jg, ) (Entered: 01/25/2011)
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Legal Document (Payment Possibly Required) 21 Filed: 1/25/2011, Entered: None Unknown Document Type
MOTION for Leave to File First Amended Complaint by James Pickering, Jr. (Attachments: # 1 Exhibit Proposed First Amended Complaint)(Farris, Kirby) (Entered: 01/25/2011)
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Legal Document (Payment Possibly Required) 20 Filed: 1/13/2011, Entered: None Unknown Document Type
MEMORANDUM OPINION AND ORDER; that Defendant's Motion to Dismiss Collective Action 6 is GRANTED. The individual claims brought by Plaintiff remain, but the FLSA collective action allegations are DISMISSED without prejudice. Plaintiff is GRANTED leave to and including January 25, 2011, to file a motion to amend the complaint, consistent with the directives herein. It is further ORDERED that Defendant's alternative Motion for a More Definite Statement 6 is DENIED as moot. Signed by Honorable William Keith Watkins on 1/13/2011. (Attachments: # 1 Civil Appeals Checklist)(jg, ) (Entered: 01/13/2011)
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Legal Document (Payment Possibly Required) 19 Filed: 9/27/2010, Entered: None Unknown Document Type
REPLY to Response to Motion re 6 MOTION to Dismiss Collective Action or in the Alternative MOTION for More Definite Statement, 16 MOTION for Leave to File Brief Reply filed by Lorillard Tobacco Company, Inc.. (Scofield, Joseph) (Entered: 09/27/2010)
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Legal Document (Payment Possibly Required) 18 Filed: 9/24/2010, Entered: None Unknown Document TypeCourt Filing
Case Reassigned to Honorable William Keith Watkins and Honorable Susan Russ Walker. Honorable Susan Russ Walker no longer assigned to the case as Presiding Judge. (jg, ) (Entered: 09/24/2010)
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Legal Document (Payment Possibly Required) 17 Filed: 9/24/2010, Entered: None Unknown Document Type
ORDER granting 16 Motion for Leave of Court to File Brief Reply. Signed by Honorable Susan Russ Walker on 9/24/2010. (jg, ) (Entered: 09/24/2010)
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Legal Document (Payment Possibly Required) 16 Filed: 9/14/2010, Entered: None Unknown Document Type
MOTION for Leave to File Brief Reply by Lorillard Tobacco Company, Inc.. (Attachments: # 1 Exhibit A)(Scofield, Joseph) (Entered: 09/14/2010)
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Legal Document (Payment Possibly Required) 15 Filed: 9/8/2010, Entered: None Unknown Document Type
RESPONSE to Motion re 6 MOTION to Dismiss Collective Action or in the Alternative MOTION for More Definite Statement filed by James Pickering, Jr. (Farris, Kirby) (Entered: 09/08/2010)
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Legal Document (Payment Possibly Required) 14 Filed: 8/31/2010, Entered: None Unknown Document Type
ORDER; Upon consideration of the motions for admission pro hac vice filed by attorneys Telman, Rasin, and Bloom on August 19, 2010 9, 10, 11, it is ORDERED that the motions are GRANTED. Signed by Honorable Susan Russ Walker on 8/31/2010. (jg, ) (Entered: 08/31/2010)
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Legal Document (Payment Possibly Required) 13 Filed: 8/25/2010, Entered: None Unknown Document TypeCourt Filing
ORDER; Upon consideration of defendant's motion to dismiss 6 filed August 18,2010, and for good cause, it is ORDERED that plaintiff is DIRECTED to file a response to the motion on or before September 8, 2010; that the parties are DIRECTED to execute and file, on or before September 9, 2010 either the attached form consenting to Magistrate Judge jurisdiction or the form requesting reassignment to a District Judge. Signed by Honorable Susan Russ Walker on 8/25/2010. (jg, ) (Entered: 08/25/2010)
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Legal Document (Payment Possibly Required) 12 Filed: 8/20/2010, Entered: None Unknown Document Type
Filing fee received for pro hac admission fees for Gregory I. Rasin, Elise M. Bloom and Nigel F. Telman $ 150.00, receipt number 4602015191. (jg, ) (Entered: 08/20/2010)
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Legal Document (Payment Possibly Required) 11 Filed: 8/19/2010, Entered: None Unknown Document Type
Motion to Appear Pro Hac Vice of Nigel F. Telman by Lorillard Tobacco Company, Inc.. (Scofield, Joseph)Certificate of Good Standing attached to motion. Modified on 8/19/2010 to clarify docket text (jg, ). (Entered: 08/19/2010)
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Legal Document (Payment Possibly Required) 10 Filed: 8/19/2010, Entered: None Unknown Document Type
Motion to Appear Pro Hac Vice of Gregory I. Rasin by Lorillard Tobacco Company, Inc.(Scofield, Joseph) Certificate of Good Standing attached to motion. Modified on 8/19/2010 to clarify docket text (jg, ). (Entered: 08/19/2010)
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Legal Document (Payment Possibly Required) 9 Filed: 8/19/2010, Entered: None Unknown Document Type
Motion to Appear Pro Hac Vice of Elise M. Bloom by Lorillard Tobacco Company, Inc. (Scofield, Joseph) Certificate of Good Standing attached to motion. Modified on 8/19/2010 to clarify docket entry (jg, ). (Entered: 08/19/2010)
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Legal Document (Payment Possibly Required) 8 Filed: 8/18/2010, Entered: None Unknown Document Type
Corporate/Conflict Disclosure Statement by Lorillard Tobacco Company, Inc.. (Scofield, Joseph) (Entered: 08/18/2010)
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Legal Document (Payment Possibly Required) 7 Filed: 8/18/2010, Entered: None Unknown Document Type
BRIEF/MEMORANDUM in Support re 6 MOTION to Dismiss Collective Action or in the Alternative MOTION for More Definite Statement filed by Lorillard Tobacco Company, Inc.. (Scofield, Joseph) (Entered: 08/18/2010)
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Legal Document (Payment Possibly Required) 6 Filed: 8/18/2010, Entered: None Unknown Document Type
MOTION to Dismiss Collective Action or in the Alternative, MOTION for More Definite Statement by Lorillard Tobacco Company, Inc.. (Scofield, Joseph) (Entered: 08/18/2010)
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Legal Document (Payment Possibly Required) 5 Filed: 7/29/2010, Entered: None Unknown Document Type
Return Receipt Card showing service of summons and complaint signed by James S. Bellamy for Lorillard Tobacco Company, Inc. served on 7/28/2010, answer due 8/18/2010. (jg, ) (Entered: 07/29/2010)
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Legal Document (Payment Possibly Required) 4 Filed: 7/28/2010, Entered: None Unknown Document Type
Corporate/Conflict Disclosure Statement by James Pickering, Jr. (Farris, Kirby) (Entered: 07/28/2010)
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Legal Document (Payment Possibly Required) 3 Filed: 7/27/2010, Entered: None Unknown Document Type
Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to plaintiff. Corporate Disclosures due by 8/6/2010. (Attachments: # 1 Corporate Conflict Standing Order)(jg, ) (Entered: 07/27/2010)
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Legal Document (Payment Possibly Required) 2 Filed: 7/27/2010, Entered: None Unknown Document Type
Summons Issued: Summons and complaint sent by CMRRR as to Lorillard Tobacco Company, Inc. (jg, ) (Entered: 07/27/2010)
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Legal Document (Payment Possibly Required) 1 Filed: 7/22/2010, Entered: None Unknown Document Type
COMPLAINT against Lorillard Tobacco Company, Inc. ( Filing fee $ 350.00 receipt number 4602014868.), filed by James Pickering, Jr. (Attachments: # 1 Receipt)(jg, ) (Entered: 07/27/2010)
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Legal Document (Payment Possibly Required)  Filed: 9/12/2012, Entered: None Unknown Document Type
MOTION for an Order Approving Settlement by Brandum Lynum, James Pickering, Jr. See 85 for this docket entry. (No pdf for this entry) (jg, )
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Legal Document (Payment Possibly Required)  Filed: 3/21/2012, Entered: None Unknown Document Type
***Attorney Joshua F. Alloy added for Lorillard Tobacco Company, Inc. pursuant to 78 Motion. (cc, )
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Legal Document (Payment Possibly Required)  Filed: 8/25/2011, Entered: None Unknown Document Type
MOTION to Compel by James Pickering, Jr. See 36 Ex. 1 for this docket entry. (No pdf for this entry) (jg, )
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Legal Document (Payment Possibly Required)  Filed: 7/7/2011, Entered: None Unknown Document Type
***Attorney Brian J. Gershengorn for Lorillard Tobacco Company, Inc. added pursuant to 31 motion to appear pro hac. (No pdf for this docket entry) (jg, )
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Legal Document (Payment Possibly Required)  Filed: 8/19/2010, Entered: None Unknown Document Type
NOTICE of Assignment to Magistrate Judge mailed to counsel for Lorillard Tobacco Company, Inc. (jg, )
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Legal Document (Payment Possibly Required)  Filed: 8/18/2010, Entered: None Unknown Document Type
***Attorney Peyton Lacy, Jr for Lorillard Tobacco Company, Inc. added pursuant to 6 motion to dismiss. No pdf for this docket entry. (jg, )
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Legal Document (Payment Possibly Required)  Filed: 8/18/2010, Entered: None Unknown Document Type
***Attorney Elise M. Bloom, Gregory Rasin and Nigel F. Telman for Lorillard Tobacco Company, Inc. added pursuant to 6 motion to dismiss. (jg, )
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Legal Document (Payment Possibly Required)  Filed: 8/18/2010, Entered: None Unknown Document Type
MOTION for a More Definite Statement by Lorillard Tobacco Company, Inc. See 6 motion to dismiss for this docket entry. (No pdf for this entry) (jg, )
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Legal Document (Payment Possibly Required)  Filed: 7/27/2010, Entered: None Unknown Document Type
NOTICE of Assignment to Magistrate Judge mailed to counsel for James Pickering, Jr. (jg, )
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Legal Document (Payment Possibly Required)  Filed: 7/22/2010, Entered: None Unknown Document Type
DEMAND for Trial by Jury by James Pickering, Jr. No pdf for this docket entry. See 1 complaint. (jg, )
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Blank 70 Filed: 1/31/2012, Entered: None Court Filing
MEMORANDUM OPINION AND ORDER that (1) Mr. Pickering's Motion for Conditional Class Certification and for Judicial Notice 36 is DENIED, (2) Mr. Pickering's Motion to Compel 36 -1 is DENIED, and (3) Lorillard's Motion to Strike Plaint iff's Expert Affidavit and Exclude Testimony from Plaintiff's Expert 60 is GRANTED, but Lorillard's request for costs, expenses and attorney's fees incurred in connection with filing the motion is DENIED. Signed by Chief Judge William Keith Watkins on 1/30/2012. (Attachments: # 1 Civil Appeals Checklist)(jg, )
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