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 61 |
Filed: 1/8/2004, Entered: 1/9/2004 |
Order |
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STIPULATION AND ORDER FOR DISMISSAL OF ACTION WITH PREJUDICE, PURSUANT TO RULE 41(a)(1) by Chief Judge Lewis T. Babcock Whereas, the action was commended on 8/8/01; Whereas on 8/28/01 Touch America removed this action to this court and on 9/7/01 filed its answer and counterclaims; Whereas: on 6/19/03 Touch America and ceratin of its affiliates filed a voluntary bankruptcy petition in the USBC for Delaware; Whereas on 11/10/03 Qwest and certain of its affiliates, and Touch America and certain of its affiliates, executed a Amended and Restated Global Settlment and Release Agreement (Global Settlement Agreement) which provided for, inter alia, the mutual settlement and release of all calism and/or counterclaims that were actually or potentially asserted by the parties in the above-entitled action; WHEREAS on 11/13/;03 USBC-Delaware entered an order approving the global Settlement Agreement which Order incorporates the Global Settlement Agreement as an attachment thereto. The Order attached as Exhibit A; WHEREAS, the parties to the above-entitled action wish to dismiss all claims and counterclaims comprising this action with prejudice pursuant to the Global Settlement Agreement; STIPULATED by the parties that in accordance with Rule 41(a)(1) this action and all clais and counterclaims asserted therein may be dismissed with prejudice, each side to bear its own costs and attorneys' fees; Further Stipulated by the parties that the terms of the Global Settlement Agreement are incorporated into the Stipulation and shall govern the settltemetn and dismissal of the action; Further Stipulated this court may retain jurisdiction of the parties to enforce the Global Settlement Agreement; Order: in accordance with rule 41(a)(1) this action and all claims and counterclaims asserted therein may be dismissed with prejudice, each side bearing its own costs and attorneys fees; terms of the Global Settlement Agreement attached to the 11/13/03 Order of USBC-Delaware shall be incorporated by reference into the Order and shall govern the settlement and dismissal of this action; the Court shall retain jurisdiction to enforce the terms of the Global Settlement Agreement case (cc: all counsel) ; entry date : 1/9/04 (former empl)
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| 60 |
Filed: 5/13/2003, Entered: 5/14/2003 |
Answer to Counterclaim |
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REPLY TO AMENDED COUNTERCLAIMS [41-1] by counter-defendants (former empl)
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| 59 |
Filed: 3/27/2003, Entered: 3/28/2003 |
Order |
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ORDER signed 3/27/03 by Chief Judge Lewis T. Babcock denying motion to dismiss Counts V and VI of Amended Answer and Counterclaims for alleged violations of Sherman Act and Colorado Revised Statutes (pursuant to Rule 12(b)(6)) [45-1] (cc: all counsel) ; entry date : 3/28/03 (former empl)
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| 58 |
Filed: 5/21/2002, Entered: 5/22/2002 |
Order |
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MINUTE ORDER : by Magistrate Judge Boyd N. Boland granting stipulated motion to open limited third party discovery [57-1] and limited discovery is allowed for third party discovery related to Compliance Audits conducted by Arthur Andersen LLP or examinations of pltfs conducted pursuant to the FCC Order (cc: all counsel) ; entry date : 5/22/02 (former empl)
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| 57 |
Filed: 5/2/2002, Entered: 5/6/2002, Terminated: 5/21/2002 |
Motion for Miscellaneous Relief |
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Stipulated MOTION by plaintiffs and defendants to open limited third party discovery (former empl)
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| 56 |
Filed: 4/29/2002, Entered: 4/30/2002 |
Protective Order |
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[PROPOSED] PROTECTIVE ORDER RE; PRODUCTION OF CUSTOMER PROPRIETARY NETWORK INFORMATION signed 4/29/02 by Magistrate Judge Boyd N. Boland : granting motion for protective order re: production of customer prop network info [53-1] (cc: all counsel) (former empl)
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| 55 |
Filed: 4/19/2002, Entered: 4/22/2002 |
Reply to Response to Motion |
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REPLY by plaintiffs to dft's response to pla's motion to dismiss Counts and VI of Amended Answer and Counterclaims for alleged violations of Sherman ACt and Colorado REvised Statutes (pursuant to Rule 12(b)(6)) [45-1] (dlb)
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| 54 |
Filed: 4/19/2002, Entered: 4/22/2002 |
~Notice (other) |
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Reply Request for Judicial NOTICE by plaintiffs re: motion to dismiss Counts V and VI of Amended Answer and Counterclaims for alleged violations of Sherman ACt and Colorado REvised Statutes (pursuant to Rule 12(b)(6)) [45-1] (dlb)
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| 53 |
Filed: 4/19/2002, Entered: 4/22/2002, Terminated: 4/29/2002 |
Motion for Protective Order |
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Stipulation (MOTION) by plaintiff Qwest Comm Corp, defendant Touch America, Inc., defendant Touch Amer Serv Inc for protective order re: production of customer prop network info (dlb)
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| 52 |
Filed: 4/9/2002, Entered: 4/10/2002 |
Response to Motion |
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RESPONSE IN OPPOSITION by dfts Touch America, Inc., Touch Amer Serv Inc to motion to dismiss Counts V and VI of Amended Answer and Counterclaims for alleged violations of Sherman ACt and Colorado REvised Statutes (pursuant to Rule 12(b)(6)) [45-1] (former empl)
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| 51 |
Filed: 3/27/2002, Entered: 3/28/2002 |
Order |
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MINUTE ORDER : by Chief Judge Lewis T. Babcock granting dfts' unopposed motion to extend time to and including 4/9/02 to respond to motions (documents 45 and 43) [50-1], regarding [45-1] motion to dismiss Counts V and VI of Amended Answer and Counterclaims for alleged violations of Sherman ACt and Colorado REvised Statutes (pursuant to Rule 12(b)(6)), regarding [43-1] request (cc: all counsel) ; entry date : 3/28/02 (former empl)
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| 50 |
Filed: 3/27/2002, Entered: 3/28/2002, Terminated: 3/27/2002 |
Motion for Extension of Time |
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Unopposed MOTION by defts Touch America, Inc., Touch Amer Serv Inc to extend time to and including 4/9/02 to respond to motions (documents 45 and 43) (former empl)
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| 49 |
Filed: 3/13/2002, Entered: 3/14/2002 |
Order |
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MINUTE ORDER : by Chief Judge Lewis T. Babcock regarding [48-1] minute order, regarding [47-1] notice (cc: all counsel) ; entry date : 3/14/02 (dlb)
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| 48 |
Filed: 3/13/2002, Entered: 3/14/2002 |
Order |
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MINUTE ORDER : by Chief Judge Lewis T. Babcock regarding Qwest's REQUEST FOR JUDICIAL [47-1] notice IN SUPPORT OF ITS MTN TO DISM COUNTS V AND VI OF TOUCH AMERICA'S AMD ANS AND CNTRCLMS, dft has to 4/2/02 to resp and pla w/have 10 days to reply (cc: all counsel) ; entry date : 3/14/02 (dlb) Modified on 03/14/2002
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| 47 |
Filed: 3/12/2002, Entered: 3/13/2002 |
~Notice (other) |
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REQUEST FOR JUDICIAL NOTICE by plaintiff, counter-defendant FILED IN SUPPORT OF motion to dismiss Counts V and VI of Amended Answer and Counterclaims for alleged violations of Sherman Act and Colorado Revised Statutes (pursuant to Rule 12(b)(6)) [45-1] **rubberbanded pages about 1-1/2" thick placed in Exhibit Room (former empl) Modified on 03/13/2002
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| 46 |
Filed: 3/12/2002, Entered: 3/13/2002 |
Brief in Support of Motion |
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MEMORANDUM (BRIEF) by plaintiffs and counter-defendants in support of motion to dismiss Counts V and VI of Amended Answer and Counterclaims for alleged violations of Sherman ACt and Colorado REvised Statutes (pursuant to Rule 12(b)(6)) [45-1] (former empl)
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| 45 |
Filed: 3/12/2002, Entered: 3/13/2002, Terminated: 3/27/2003 |
Motion to Dismiss |
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MOTION by pltfs and counter-defendants Qwest Comm Intl Inc, Qwest Corporation, Qwest Comm Corp to dismiss Counts V and VI of Amended Answer and Counterclaims for alleged violations of Sherman ACt and Colorado REvised Statutes (pursuant to Rule 12(b)(6)) (former empl)
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| 44 |
Filed: 2/28/2002, Entered: 3/1/2002 |
Order |
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MINUTE ORDER : by Chief Judge Lewis T. Babcock granting request [43-1] and setting responses due on 3/12/02 regarding [41-1] amend/amended counterclaim (cc: all counsel) ; entry date : 3/1/02 (former empl)
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| 43 |
Filed: 2/27/2002, Entered: 2/27/2002, Terminated: 2/28/2002 |
Request |
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REQUEST by plaintiff Qwest Comm Intl Inc, plaintiff Qwest Corporation, plaintiff Qwest Comm Corp for extension to file response to counterclaims (former empl)
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| 42 |
Filed: 2/19/2002, Entered: 2/21/2002 |
Answer |
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AMENDED ANSWER AND COUNTERCLAIMS IN RESPONSE TO FIRST AMENDED COMPLAINT FOR DAMAGES [41-1], [5-1] by defendant Touch America, Inc., defendant Touch Amer Serv Inc; jury demand (former empl)
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| 41 |
Filed: 2/15/2002, Entered: 2/20/2002 |
Counterclaim |
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AMENDED COUNTERCLAIM [5-2] by Touch America, Inc., Touch Amer Serv Inc (gms) Modified on 02/20/2002
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| 41 |
Filed: 2/15/2002, Entered: 2/20/2002 |
Answer |
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AMENDED ANSWER [5-1] by defendants; jury demand (gms)
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| 40 |
Filed: 2/15/2002, Entered: 2/20/2002 |
Response to Motion |
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RESPONSE by plaintiffs to motion to amend answer [5-1], counterclaim [5-2] [31-1] (gms)
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| 39 |
Filed: 2/15/2002, Entered: 2/20/2002 |
Order |
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ORDER by Chief Judge Lewis T. Babcock granting dft's motion to amend answer [5-1], counterclaim [5-2] [31-1]. Amended answer & counterclaim due 3/4/02 (cc: all counsel) ; entry date : 2/20/02 (gms)
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| 38 |
Filed: 2/5/2002, Entered: 2/6/2002 |
Minutes-Miscellaneous |
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COURTROOM MINUTES by Chief Judge Lewis T. Babcock the court informed the parties that on the date of transfer to this court the state court entered an order dismissing Telecommunications Resources and the parties acknowledged and stipulated that Telecommunications Resources has been dismissed as a dft in this action; wrriten order to clarify that Telecom Resource Inc has been dismissed as party, regarding [37-2] order, regarding [36-1] proposed order and [35-1] stipulation regarding discovery implicating the use of discovery in a collateral arbitration matter subject to a protective order is accepted in this case; if the pltfs oppose the dfts' motion to amend and file counterclaims the dfts' reply will be due 3/1/02; and the court determined the case is not at issue at this time ; entry date : 2/6/02 Court Reporter: Gwen Daniel (former empl)
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| 37 |
Filed: 2/5/2002, Entered: 2/6/2002 |
Order |
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ORDER signed 2/5/02 by Chief Judge Lewis T. Babcock in the event that ptlfs oppose the motion, the reamining dfts in this case will have until 3/1/02 to file a reply regarding [31-1] motion to amend answer answer [5-1], counterclaim [5-2] and the parties have acknowledged and stipulated that Telecommunications Resources has been dismissed as a dft in this action; dismissing party Telecom Resource Inc (cc: all counsel) entry date : 2/6/02 (former empl)
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| 36 |
Filed: 2/5/2002, Entered: 2/6/2002 |
Order |
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ORDER Re Discovery signed 2/5/02 by Chief Judge Lewis T. Babcock granting stipulation [35-1] and Ordering that the attached copy of the Pretrial Order entered in the Arbitration entitled Qwest Communications Corporationv Touch America Services, Inc....AAA Case no. 74 Y 181 013 09 01 JEC by the HOnorable EUgen Lynch, Arbitrator shall govern this case (cc: all counsel) ; entry date : 2/6/02 (former empl)
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| 35 |
Filed: 2/4/2002, Entered: 2/5/2002, Terminated: 2/5/2002 |
Stipulation |
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STIPULATION re: discovery by plaintiff Qwest Comm Intl Inc, plaintiff Qwest Corporation, plaintiff Qwest Comm Corp, defendant Touch America, Inc., defendant Touch Amer Serv Inc (former empl)
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| 34 |
Filed: 2/4/2002, Entered: 2/4/2002 |
Order |
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ORDER signed 2/1/02 by Chief Judge Lewis T. Babcock on [32-1] notice by dft of withdrawal of motion to transfer, motion to transfer case to the US Dist Court of Montana [6-1] is withdrawn (cc: all counsel) ; entry date : 2/4/02 (former empl)
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| 33 |
Filed: 2/1/2002, Entered: 2/4/2002 |
Order |
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MINUTE ORDER : by Chief Judge Lewis T. Babcock regarding [31-1] motion to amend answer answer [5-1], counterclaim [5-2]: pltfs have to and including 2/15/02 to respond (cc: all counsel) ; entry date : 2/4/02 (former empl)
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| 32 |
Filed: 2/1/2002, Entered: 2/1/2002 |
~Notice (other) |
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NOTICE of Withdrawal by defts Touch America, Inc., Touch Amer Serv Inc of motion to transfer case to the US Dist Court of Montana [6-1] (former empl)
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| 31 |
Filed: 1/31/2002, Entered: 2/1/2002 |
Motion to Amend/Correct/Modify |
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MOTION by defendant Touch America, Inc., defendant Touch Amer Serv Inc to amend answer answer [5-1], counterclaim [5-2] (former empl)
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| 30 |
Filed: 1/31/2002, Entered: 2/1/2002 |
Notice of Entry of Appearance |
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ATTORNEY SIGNED CO-APPEARANCES for defendant Touch America, Inc., defendant Touch Amer Serv Inc, counter-claimant Touch America, Inc., counter-claimant Touch Amer Serv Inc by Van Aaron Hughes (former empl)
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Filed: 1/31/2002, Entered: 2/1/2002 |
Miscellaneous Document |
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Tendered Amended Answer and Counterclaims in response to pltf's first amended complaint for damages submitted by defendant Touch America, Inc. re: motion to amend answer answer [5-1], counterclaim [5-2] [31-1] (former empl)
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| 29 |
Filed: 12/27/2001, Entered: 12/28/2001 |
Order |
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MINUTE ORDER : by Chief Judge Lewis T. Babcock ; status conf set for 8:00 2/5/02 (cc: all counsel) ; entry date : 12/28/01 (dlb)
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| 28 |
Filed: 12/26/2001, Entered: 12/27/2001 |
Status Report |
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STATUS REPORT by defts Touch America, Inc., Touch Amer Serv Inc re: Montana case: 12/17/2001 court entered order denying dft's motion to reconsider is previous decision to dismiss the Montana action (former empl)
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| 27 |
Filed: 12/26/2001, Entered: 12/27/2001 |
Status Report |
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STATUS REPORT by pltfs Qwest Comm Intl Inc, Qwest Corporation, Qwest Comm Corp re: Montana case: Touch America's motion to reconsider was denied and they have until 1/16/02 to appeal (former empl)
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| 26 |
Filed: 12/6/2001, Entered: 12/10/2001 |
Supplement/Amendment |
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ADDNEDUM (SUPPLEMENT) by plaintiffs to report [25-1]: correcting that the filers were the pltfs not dfts (former empl)
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| 25 |
Filed: 12/6/2001, Entered: 12/10/2001 |
Status Report |
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Defendants' STATUS REPORT (sic) filed by plaintiffs Qwest Comm Intl Inc, Qwest Corporation, Qwest Comm Corp (former empl)
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| 24 |
Filed: 12/5/2001, Entered: 12/6/2001 |
Status Report |
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STATUS REPORT by defendant Touch America, Inc., defendant Touch Amer Serv Inc there has been no decision in Montana (former empl)
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| 23 |
Filed: 11/16/2001, Entered: 11/20/2001 |
Order |
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ORDER by Chief Judge Lewis T. Babcock Ruling on motion to transfer case to the US Dist Court of Montana [6-1] is held in abeyance pending determination of dfts' motion for reconsideration filed w/ Judge Molloy in USDC Montana. Hearing set 12/4/01 is vacated. Status report due w/in 20 days and every 20 days thereafter until motion to reconsider is decided ; status report ddl set for 12/11/01 (cc: all counsel) ; entry date : 11/20/01 (gms)
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| 22 |
Filed: 11/14/2001, Entered: 11/15/2001 |
Supplement/Amendment |
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Addendum (SUPPLEMENT) by dfts Touch America, Inc., Touch Amer Serv Inc to motion reply [17-1] in support of motion to transfer venue (pap)
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| 20 |
Filed: 10/25/2001, Entered: 10/26/2001 |
Affidavit |
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AFFIDAVIT of Michael J. Meldahl re: motion reply [17-1], re: motion to transfer case to the US Dist Court of Montana [6-1] (dlb)
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| 19 |
Filed: 10/24/2001, Entered: 10/25/2001 |
Trial Exhibit |
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Volume II of EXHIBITS Q-HH by defendant Touch America, Inc., defendant Touch Amer Serv Inc to motion reply [17-1], to motion to transfer case to the US Dist Court of Montana [6-1] *large black 3 ring binder 6" thick (dlb)
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| 18 |
Filed: 10/24/2001, Entered: 10/25/2001 |
Trial Exhibit |
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Volume 1 of EXHIBITS A-P by defendant Touch America, Inc., defendant Touch Amer Serv Inc to motion reply [17-1], to motion to transfer case to the US Dist Court of Montana [6-1] *large black 3 ring binder 6" thick (dlb)
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| 17 |
Filed: 10/24/2001, Entered: 10/25/2001 |
Reply to Response to Motion |
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REPLY dfts, by Touch America, Inc., Touch Amer Serv Inc to pla's response to dft's motion to transfer case to the US Dist Court of Montana [6-1] (dlb)
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| 16 |
Filed: 10/15/2001, Entered: 10/16/2001 |
Amended Document |
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CORRECTION (AMENDMENT) by pltf Qwest Comm Intl Inc, Qwest Corporation, Qwest Comm Corp to motion response [11-1] (former empl)
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| 15 |
Filed: 10/10/2001, Entered: 10/15/2001 |
Order |
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MINUTE ORDER : by Chief Judge Lewis T. Babcock setting hearing on motion to transfer case to the US Dist Court of Montana [6-1] 4:00 12/4/01 (cc: all counsel) ; entry date : 10/15/01 (gms)
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| 14 |
Filed: 10/10/2001, Entered: 10/15/2001 |
Order |
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MINUTE ORDER : by Chief Judge Lewis T. Babcock Dfts have to 10/24/01 to respond to pla's request for judicial [13-1] notice in opposition to dft's [6-1] motion to transfer case to the US Dist Court of Montana (cc: all counsel) ; entry date : 10/15/01 (gms)
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| 13 |
Filed: 10/9/2001, Entered: 10/10/2001 |
~Notice (other) |
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Request for Judicial Notice in Opposition to Motion to Transfer Venue (NOTICE) filed by pltfs with motion response [11-1] (former empl)
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| 12 |
Filed: 10/9/2001, Entered: 10/10/2001 |
Declaration |
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DECLARATION of Russell Nordstrom filed by pltfs re: motion response [11-1] (former empl)
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| 11 |
Filed: 10/9/2001, Entered: 10/10/2001 |
Response to Motion |
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OPPOSITION (RESPONSE) by pltfs Qwest Comm Intl Inc, Qwest Corporation, Qwest Comm Corp to motion to transfer case to the US Dist Court of Montana [6-1] (former empl)
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| 10 |
Filed: 10/1/2001, Entered: 10/3/2001 |
Answer to Counterclaim |
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REPLY TO COUNTERCLAIM [5-2] by plaintiffs'/ counter-defendants Qwest Comm Intl Inc, Qwest Corporation, Qwest Comm Corp (former empl)
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| 9 |
Filed: 9/28/2001, Entered: 10/2/2001 |
Order |
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MINUTE ORDER : by Magistrate Judge Boyd N. Boland regarding [6-1] dfts' motion to transfer venue, pla to file status report w/in 10 days of a ruling (cc: all counsel) ; entry date : 10/2/01 (lam)
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| 8 |
Filed: 9/18/2001, Entered: 9/20/2001 |
Order |
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MINUTE ORDER : by Chief Judge Lewis T. Babcock regarding [6-1] motion to transfer case to the US Dist Court of Montana: pltfs' response due 10/9/01 and any dfts reply 10 days after that (cc: all counsel) ; entry date : 9/20/01 (former empl)
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| 7 |
Filed: 9/17/2001, Entered: 9/19/2001 |
Order Referring Case to Magistrate Judge |
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ORDER R16 stat stlmt pt pto Case referred to Magistrate Judge Boyd N. Boland signed 9/17/01 by Chief Judge Lewis T. Babcock (cc: to counsel) (former empl)
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| 6 |
Filed: 9/10/2001, Entered: 9/12/2001 |
Motion to Transfer Case |
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MOTION by defendants Touch America, Inc., defendant Touch Amer Serv Inc to transfer case to the US Dist Court of Montana (dlb)
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| 5 |
Filed: 9/7/2001, Entered: 9/11/2001, Terminated: 2/15/2002 |
Answer |
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ANSWER to complaint [0-1] and COUNTERCLAIM by Touch America, Inc., Touch Amer Serv Inc against Qwest Comm Intl Inc, Qwest Corporation, Qwest Comm Corp (pap)
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| 4 |
Filed: 9/5/2001, Entered: 9/7/2001 |
Order |
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MINUTE ORDER : by Chief Judge Lewis T. Babcock granting motion to extend time to answer to and including 9/7/01 [3-1] (cc: all counsel) ; entry date : 9/7/01 (former empl)
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| 3 |
Filed: 9/4/2001, Entered: 9/6/2001, Terminated: 9/5/2001 |
Motion for Extension of Time to File Answer |
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MOTION by defendant Touch America, Inc., defendant Touch Amer Serv Inc to extend time to answer to and including 9/7/01 (former empl)
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| 2 |
Filed: 8/28/2001, Entered: 8/30/2001 |
Certificate of Compliance |
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Certificate of Compliance by defendants re: Instructions regarding notice of availability of a US Mag Judge to exercise jurisdiction (pap)
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| 1 |
Filed: 8/27/2001, Entered: 8/28/2001 |
Notice of Removal |
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NOTICE OF REMOVAL from Denver Cty Dist Ct Case Number: 01CV4238 (bpm)
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Filed: 8/27/2001, Entered: 8/28/2001 |
Filing Fee Received |
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FILING FEE PAID: on 8/27/01 in the amount of $ 150, receipt # 228362. (bpm)
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Filed: 8/27/2001, Entered: 8/28/2001 |
Complaint |
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First Amended COMPLAINT for Damages (bpm)
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Filed: 8/27/2001, Entered: 8/28/2001 |
Complaint |
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COMPLAINT (bpm)
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| 21 |
Filed: 1/6/2001, Entered: 11/7/2001 |
Supplement/Amendment |
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Addendum (SUPPLEMENT) by plaintiffs to opposition to dfts' motion to transfer venue [11-1] (gms)
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