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Filed: 5/18/2000, Entered: 5/18/2000 |
Archives File Sent to FRC |
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ARCHIVES FILE sent to FRC, Chicago on 4/28/00, Accession No. 021 00 0078 Box No. 9, 10 and 11 of 15 Location 239811-239825 (SK, ilcd) Modified on 05/18/2000
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Filed: 6/16/1999, Entered: 6/16/1999 |
Remark |
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Remark-Per attorney Tamara Miller (Gleason) the oversized architechtural plans are destroyed. Reduced copies of the plans are attached as exhibits to the Statement of Undisputed Facts. (SLJ, ilcd)
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Filed: 2/6/1998, Entered: 2/9/1998 |
Minutes-Miscellaneous |
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MINUTE-ENTRY: Funds disbursed from Market Index Account, in the amount of $97,678.35, pursuant to court order of 2/5/98 by Sr. Judge Harold A. Baker. Check #050658731 drawn on Bank One payable to "Clerk, United States District Court", in the amount of $237.44 credited to FUND CODE 510100. Check represents Clerk's Registry Fee equal to 10% interest earned while funds were invested. (See Peoria receipt #025237 dated 2/6/98). Check #050658732 drawn on Bank One, in the amount of $97,440.91, payable to David E. Jones, as attorney for defendants Bradley Place Limited Partnership, Community Development Partners, Inc., Donald J. Gianone, Stephen E. Barron, Bradley II Apartments Limited Partnership, Shelbyville Apartments Limited Partnership, Community Development, LLC and Cornerstone Housing Concepts, LLC. Check mailed to David E. Jones, Hinshaw & Culbertson, Ste 298, 456 Fulton St., Peoria, IL 61602. (SJ, ilcd)
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| 265 |
Filed: 2/5/1998, Entered: 2/5/1998 |
Order |
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ORDER by Judge Harold A. Baker directing the Clerk to disburse the balance of the funds on deposit in an interest bearing account (pursuant to the preliminary injunction entered in the case on 6/25/96) less the 10% of earned interest that the Clerk is entitled to retain for the United States under the applicable United States statutes. The funds are to be disbursed to David E. Jones, as attorney for the dfts Bradley Place Ltd Partnership, Community Development Partners, Inc., Donald J. Gianone, Stephen E. Barron, Bradley II Apts Ltd Partnership, Flora Apts Ltd Partnership, Shelbyville Apts Ltd Partnership, Community Development LLC, and Cornerstone Housing Concepts LLC at Hinshaw Culbertson, Ste 298, 456 Fulton St., Peoria, IL 61602. (cc: all counsel) (SJ, ilcd)
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| 264 |
Filed: 2/4/1998, Entered: 2/4/1998 |
Judgment* |
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JUDGMENT in a civil case entered dismissing cause with prejudice subject to settlement agreement and Consent Decree and Injunction entered by Judge Harold A. Baker on 2/4/98. (cc: all counsel) (SJ, ilcd)
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| 263 |
Filed: 2/4/1998, Entered: 2/4/1998 |
Order on Motion for Permanent Injunction |
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CONSENT DECREE AND INJUNCTION by Judge Harold A. Baker; see written order. (cc: all counsel) (SJ, ilcd)
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Filed: 2/4/1998, Entered: 2/4/1998 |
Minutes-Miscellaneous |
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MINUTE-ENTRY: by Judge Harold A. Baker; court reconvened at 11:55 a.m. with same appearances; court reporter Toni Judd. Parties have been negotiating settlement since court was recessed on 2/3/98 and have signed a consent decree and injunction; CONSENT DECREE AND INJUNCTION entered by the court. The parties also execute in quadruple original a settlement agreement and usual release which will remain a private document. Jury trial ended ; jury informed that case settled and jury excused. Case dismissed with prejudice subject to the settlement agreement and Consent Decree and Injunction . (SJ, ilcd)
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| 262 |
Filed: 2/3/1998, Entered: 2/4/1998 |
Remark |
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Remark--copy of document from court in Marion County Indiana titled "Order Of Rehabilitation" filed at trial by atty Egan. (SJ, ilcd)
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| 261 |
Filed: 2/3/1998, Entered: 2/4/1998 |
Remark |
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Remark--copy of document from court in Marion County Indiana titled "Rehabilitator's Verified Petition For Instructions Concerning Litigation And Other Matters" filed during trial by atty Egan. (SJ, ilcd)
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Filed: 2/3/1998, Entered: 2/4/1998 |
Minutes-Miscellaneous |
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MINUTE-ENTRY: by Mag. Judge David G. Bernthal; jury trial began 2/3/98 --appearance of pltfs by Keith Parr, Michael Gaertner and Daniel Wurl with client Michael Pizzuto personally present for the Stough Group and Prairie View; appearance of dft Gianone personally and with counsel David Jones; appearance of dfts Barron, Community Development Partners, Bradley Apts Ltd, Bradley II Apts Ltd, Flora Apts Ltd, Shelbyville Apts Ltd, Community Development and Cornerstone Housing Concepts by David Jones; appearance of dft Richard T. Gammonley personally and with counsel Robert Egan. Atty Egan advised the court of an action in the Marion County, Indiana state court involving an insurance company that may affect this case; documents filed re same by atty Egan; response by pltfs heard. Oral mtn to stay made by atty Egan; motion denied--the court rules that these proceedings should continue. Counterclaims and affirmative defenses of misuse are dismissed upon motion of atty Jones on behalf of "developer" dfts; dismissing party Prairie View LPI, party Stough Group Inc, party Balsamo/Olson Group, party Stephen E Barron, party Donald J Gianone, party Community Dev Prt, party Bradley Place Ltd as related to those claims. Jury in at 10:00 a.m.; opening statements heard; evidence for pltf presented with witnesses sworn and testimony heard. Court recessed at 4:55 p.m. until 9:00 2/4/98. (SJ, ilcd)
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| 260 |
Filed: 2/2/1998, Entered: 2/2/1998 |
Order |
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ORDER by Mag. Judge David G. Bernthal granting stipulation of dismissal [259-1] as to dft William Worn Architecture with prejudice, and without costs or attorneys' fees, each party to bear their own costs and fees. (cc: all counsel) (SJ, ilcd)
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| 259 |
Filed: 2/2/1998, Entered: 2/2/1998, Terminated: 2/2/1998 |
Stipulation |
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STIPULATION of dismissal between pltfs and dft William Worn Architecture (SJ, ilcd)
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| 258 |
Filed: 2/2/1998, Entered: 2/2/1998 |
Order |
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CONSENT DECREE AND INJUNCTION ORDER by Mag. Judge David G. Bernthal as to William Worn Architecture; see written order. (cc: all counsel) (SJ, ilcd)
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| 257 |
Filed: 2/2/1998, Entered: 2/2/1998 |
Order |
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ORDER by Mag. Judge David G. Bernthal granting stipulation [256-1] to dismiss party David G Lyon with prejudice, and without costs or attorneys' fees, each party to bear their own costs and fees. (cc: all counsel) (SJ, ilcd)
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| 256 |
Filed: 2/2/1998, Entered: 2/2/1998, Terminated: 2/2/1998 |
Stipulation |
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STIPULATION of dismissal between pltfs and dft David G. Lyon (SJ, ilcd)
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| 255 |
Filed: 2/2/1998, Entered: 2/2/1998 |
Response/Reply - Miscellaneous |
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MEMORANDUM of points and authorities on contested questions of law by defendant Community Dev Prt, defendant Donald J Gianone, defendant Stephen E Barron, defendant Bradley Apts Ltd, defendant Bradley II Apts Ltd, defendant Flora Apts Ltd, defendant Shelbyville Apts Ltd, defendant Community Dev LLC, defendant Cornerstone Housing (SJ, ilcd)
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| 254 |
Filed: 2/2/1998, Entered: 2/2/1998 |
~Notice (other) |
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CONSENT/ORDER of reference; this case may proceed before Mag. Judge David G. Bernthal with consent of parties (cc: all counsel) (SJ, ilcd) Modified on 02/02/1998
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| 253 |
Filed: 2/2/1998, Entered: 2/2/1998 |
Pretrial Order |
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PRE-TRIAL ORDER entered by Judge Harold A. Baker (SJ, ilcd)
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Filed: 2/2/1998, Entered: 2/4/1998 |
Minutes-Miscellaneous |
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MINUTE-ENTRY: by Mag. Judge David G. Bernthal; settlement discussions held between parties with no settlement reached. Jury selection held 3:50 2/2/98 --appearance of pltfs by Keith Parr, Michael Gaertner and Daniel Wurl with client Michael Pizzuto also present for The Stough Group and Prairie View; appearance of dfts Barron and Gianone personally and with counsel David Jones; appearance of dfts Community Development Partners, Bradley Apts Ltd, Bradley II Apts Ltd, Flora Apts Ltd, Shelbyville Spts Ltd, Community Development and Cornerstone Housing Concepts by David Jones; appearance of Richard T. Gammonley Enterprises by Robert Egan; court reporter Ann Parkinson from Area Wide. Voir dire held; jurors selected and sworn to try the case. Jurors excused and court recessed until 9:00 2/3/98. (SJ, ilcd)
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| 252 |
Filed: 1/30/1998, Entered: 1/30/1998, Terminated: 1/30/1998 |
Motion for Leave to File |
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MOTION by defendant Community Dev Prt, defendant Donald J Gianone, defendant Stephen E Barron, defendant Bradley Apts Ltd, defendant Bradley II Apts Ltd, defendant Flora Apts Ltd, defendant Shelbyville Apts Ltd, defendant Community Dev LLC, defendant Cornerstone Housing for leave to file crossclaim and then sever crossclaim (SJ, ilcd)
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Filed: 1/30/1998, Entered: 1/30/1998 |
Order |
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ENDORSED ORDER on its face by Judge Harold A. Baker denying motion in limine to exclude certain evidence regarding "substantial similarity" of plans [242-1]; must be raised at trial at evidence presentation. (cc: all counsel). (SJ, ilcd)
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Filed: 1/30/1998, Entered: 1/30/1998 |
Order |
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ENDORSED ORDER on its face by Judge Harold A. Baker denying motion in limine to exclude evidence relating to "conspiracy theory" [240-1] (cc: all counsel). (SJ, ilcd)
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Filed: 1/30/1998, Entered: 1/30/1998 |
Order |
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ENDORSED ORDER on its face by Judge Harold A. Baker finding the motion in limine (bar of pltfs' evidence of, or referral to, any alleged conspiracy) [236-1] moot; denied as to evidence of concerted action. (cc: all counsel). (SJ, ilcd)
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Filed: 1/30/1998, Entered: 1/30/1998 |
Order |
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ENDORSED ORDER on its face by Judge Harold A. Baker finding the motion in limine (bar of pltfs' testimony and opinions regarding the issue of substantial similarity) [235-1] mooted by settlement; denied if adopted by co-party. (cc: all counsel). (SJ, ilcd)
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Filed: 1/30/1998, Entered: 1/30/1998 |
Order |
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ENDORSED ORDER on its face by Judge Harold A. Baker denying motion to bifurcate the Counterclaims and Affirmative Defense of Copyright Misuse [230-1] (cc: all counsel). (SJ, ilcd)
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Filed: 1/30/1998, Entered: 1/30/1998 |
Order |
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ENDORSED ORDER on its face by Judge Harold A. Baker granting motion in limine to exclude certain evidence of the preliminary injunction hearing and order [228-1]; reference to the preliminary injunction shall not be made in presence of the jury. (cc: all counsel). (SJ, ilcd)
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Filed: 1/30/1998, Entered: 1/30/1998 |
Order |
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ENDORSED ORDER on its face by Judge Harold A. Baker denying motion to exclude testimony of expert of dft Richard T. Gammonley Enterprises, Inc d/b/a Gammonley Group [224-1]; objections to foundation must be raised at trial. (cc: all counsel). (SJ, ilcd)
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Filed: 1/30/1998, Entered: 1/30/1998 |
Order |
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ENDORSED ORDER on its face by Judge Harold A. Baker granting motion to adopt and join in motion to sever [216-1] [219-1]; mtn to sever denied. (cc: all counsel). (SJ, ilcd)
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Filed: 1/30/1998, Entered: 1/30/1998 |
Order |
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ENDORSED ORDER on its face by Judge Harold A. Baker denying motion to sever [216-1] (cc: all counsel). (SJ, ilcd)
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Filed: 1/30/1998, Entered: 1/30/1998 |
Minutes-Miscellaneous |
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MINUTE-ENTRY: tele conf call held by Judge Harold A. Baker; appearance of pltfs by attys Wurl, Parr and Gaertner; appearance of "developer" dfts by David Jones; appearance of Worn by Robert Harris; appearance of Lyon by James Vogler; appearance of Gammonley by Robert Egan. Arguments heard on mtn for leave to file (#252); motion for leave to file crossclaim and then sever crossclaim [252-1] denied as being untimely. (SJ, ilcd)
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| 250 |
Filed: 1/29/1998, Entered: 1/30/1998 |
Motion for Order |
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MOTION by defendant Richard T Gammonley to disqualify Keith Parr as trial counsel (SJ, ilcd)
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| 249 |
Filed: 1/29/1998, Entered: 1/30/1998 |
Memorandum in Support of Motion |
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MEMORANDUM IN SUPPORT of motion in limine to exclude evidence of "conspiracy" [248-1] by defendant Richard T Gammonley (SJ, ilcd)
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| 248 |
Filed: 1/29/1998, Entered: 1/30/1998 |
Motion in Limine |
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MOTION by defendant Richard T Gammonley in limine to exclude evidence of "conspiracy" (SJ, ilcd)
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| 247 |
Filed: 1/29/1998, Entered: 1/30/1998 |
Motion for Miscellaneous Relief |
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MOTION by defendant Richard T Gammonley to adopt co-defendants motions in limine (SJ, ilcd) Modified on 01/30/1998
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| 246 |
Filed: 1/29/1998, Entered: 1/30/1998 |
Motion for Miscellaneous Relief |
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MOTION by defendant Community Dev Prt, defendant Donald J Gianone, defendant Stephen E Barron, defendant Bradley Apts Ltd, defendant Bradley II Apts Ltd, defendant Flora Apts Ltd, defendant Shelbyville Apts Ltd, defendant Community Dev LLC, defendant Cornerstone Housing to adopt witnesses and exhibits identified in the final pre-trial order (SJ, ilcd)
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| 245 |
Filed: 1/29/1998, Entered: 1/30/1998 |
Response to Motion |
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RESPONSE by defendant Richard T Gammonley to motion to exclude testimony of expert of dft Richard T. Gammonley Enterprises, Inc d/b/a Gammonley Group [224-1] (SJ, ilcd)
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Filed: 1/29/1998, Entered: 1/30/1998 |
Minutes-Miscellaneous |
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MINUTE-ENTRY: tele conf call held by Judge Harold A. Baker--appearance of pltfs by attys Parr, Gaertner and Wurl and co rep Pizzuto; appearance of "developer" dfts by David Jones; appearance of Gammonley by Robert Egan; appearance of Worn by Robert Harris; appearance of Lyon by James Vogler. Worn and pltfs have settled; party William Worn Arch dismissed ; granting motion to adopt witnesses and exhibits identified in the final pre-trial order [246-1], granting motion to adopt co-defendants motions in limine [247-1], denying motion in limine to exclude evidence of "conspiracy" [248-1], denying motion to disqualify Keith Parr as trial counsel [250-1]. Parties to sign and fax the court a signed page of pretrial order and parties are directed to sign original on 2/2/98. Court directs parties to submit points and authorities. (SJ, ilcd)
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| 244 |
Filed: 1/27/1998, Entered: 1/27/1998 |
Order |
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FIRST CASE MANAGEMENT ORDER by Judge Harold A. Baker; the Buss mtn for approval of good faith settlement (#157) is allowed; it is superseded by the stipulation and mtn to dismiss the dfts Buss and Buss Architects (#227). Granting motion to amend appendix to dft William Worn Arch memo of law in support of mtn for sum jgm [204-1], denying motion to waive trial by jury [194-1] due to pltfs' objection and request for a jury trial, denying motion to adopt co-defendants motions for summary judgment [192-1], denying motion for summary judgment [184-1], denying motion for summary judgment on Counts I and II of 2nd Amended Verified Complaint [179-1], denying motion for partial summary judgment as to Counts I and II of the 2nd Amended Verified Complaint [175-1]. The parties agree that the case will go to jury selection and trial before Magistrate Judge Bernthal on 2/2/98. (cc: all counsel) (SJ, ilcd)
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| 238 |
Filed: 1/27/1998, Entered: 1/27/1998 |
Order |
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ORDER by Judge Harold A. Baker granting stipulation [227-1] to dismiss party Stephen E Barron, party Donald J Gianone, party Community Dev Prt, party Bradley Place Ltd, party Michael Buss, party Michael Buss Arch, party Michael Buss, party Michael Buss Arch, party Stephen E Barron, party Donald J Gianone, party Community Dev Prt, party Bradley Place Ltd . It is ordered that the third party action filed by Bradley Apts Ltd Partnership, Community Development Partners, Inc., Donald J. Gianone and Stephen E. Barron and the Counterclaim for Declaratory Judgment filed by Michael Buss and Michael Buss Architects are hereby dismissed without prejudice pursuant to F.R.C.P. 41, each party to bear their own costs. (cc: all counsel) (SJ, ilcd)
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Filed: 1/27/1998, Entered: 1/27/1998 |
Minutes-Miscellaneous |
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MINUTE-ENTRY: by Judge Harold A. Baker; status hearing held by conf call 10:00 1/27/98 --appearance of pltfs by Daniel Wurl, Keith Parr and Michael Gaertner with Michael Pizzuto also present as company rep for The Stough Group; appearance of dfts by David Jones, James Vogler, Robert Harris, Robert Egan and Gary Nelson. Discussion held between the court and counsel re proposed pretrial order. Party Michael Buss, party Michael Buss Arch dismissed from the case completely by agreement of parties . Parties agree to have Magistrate Judge David G. Bernthal try the case. (SJ, ilcd)
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Filed: 1/27/1998, Entered: 1/27/1998 |
Order |
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ENDORSED ORDER on its face by Judge Harold A. Baker granting motion to withdraw attorney Mark J Liss, Tamara Gleason, Mark Joy [225-1] for Cornerstone Housing, Housing, Community Dev LLC, Shelbyville Apts Ltd, Flora Apts Ltd, Bradley II Apts Ltd, Bradley Apts Ltd, Stephen E Barron, Donald J. Gianone, Community Development Partners. (cc: all counsel). (SJ, ilcd)
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Filed: 1/27/1998, Entered: 1/27/1998 |
Order |
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ENDORSED ORDER on its face by Judge Harold A. Baker granting motion for determination of good faith settlement [157-1]; Buss and Buss Architects dismissed by agreement. (cc: all counsel). (SJ, ilcd)
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| 243 |
Filed: 1/26/1998, Entered: 1/27/1998 |
Memorandum in Support of Motion |
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MEMORANDUM IN SUPPORT of motion in limine to exclude certain evidence regarding "substantial similarity" of plans [242-1] by defendant Community Dev Prt, defendant Donald J Gianone, defendant Stephen E Barron, defendant Bradley Apts Ltd, defendant Bradley II Apts Ltd, defendant Flora Apts Ltd, defendant Shelbyville Apts Ltd, defendant Community Dev LLC, defendant Cornerstone Housing (SJ, ilcd)
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| 242 |
Filed: 1/26/1998, Entered: 1/27/1998 |
Motion in Limine |
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MOTION by defendant Community Dev Prt, defendant Donald J Gianone, defendant Stephen E Barron, defendant Bradley Apts Ltd, defendant Bradley II Apts Ltd, defendant Flora Apts Ltd, defendant Shelbyville Apts Ltd, defendant Community Dev LLC, defendant Cornerstone Housing in limine to exclude certain evidence regarding "substantial similarity" of plans (SJ, ilcd)
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| 241 |
Filed: 1/26/1998, Entered: 1/27/1998 |
Memorandum in Support of Motion |
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MEMORANDUM IN SUPPORT of motion in limine to exclude evidence relating to "conspiracy theory" [240-1] by defendant Community Dev Prt, defendant Donald J Gianone, defendant Stephen E Barron, defendant Bradley Apts Ltd, defendant Bradley II Apts Ltd, defendant Flora Apts Ltd, defendant Shelbyville Apts Ltd, defendant Community Dev LLC, defendant Cornerstone Housing (SJ, ilcd)
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| 240 |
Filed: 1/26/1998, Entered: 1/27/1998 |
Motion in Limine |
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MOTION by defendant Community Dev Prt, defendant Donald J Gianone, defendant Stephen E Barron, defendant Bradley Apts Ltd, defendant Bradley II Apts Ltd, defendant Flora Apts Ltd, defendant Shelbyville Apts Ltd, defendant Community Dev LLC, defendant Cornerstone Housing in limine to exclude evidence relating to "conspiracy theory" (SJ, ilcd)
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| 239 |
Filed: 1/26/1998, Entered: 1/27/1998 |
Notice of Appearance |
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ATTORNEY APPEARANCE by Christopher Spanos for defendant Community Dev Prt, defendant Donald J Gianone, defendant Stephen E Barron, counter-claimant Bradley Place Ltd, counter-claimant Community Dev Prt, counter-claimant Donald J Gianone, counter-claimant Stephen E Barron, defendant Bradley Apts Ltd (SJ, ilcd)
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| 237 |
Filed: 1/26/1998, Entered: 1/26/1998 |
~Notice (other) |
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NOTICE of filing documents #235 and #236 by defendant William Worn Arch (SJ, ilcd)
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| 236 |
Filed: 1/26/1998, Entered: 1/26/1998, Terminated: 1/30/1998 |
Motion in Limine |
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SECOND MOTION by defendant William Worn Arch in limine (bar of pltfs' evidence of, or referral to, any alleged conspiracy) (SJ, ilcd)
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| 235 |
Filed: 1/26/1998, Entered: 1/26/1998, Terminated: 1/30/1998 |
Motion in Limine |
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FIRST MOTION by defendant William Worn Arch in limine (bar of pltfs' testimony and opinions regarding the issue of substantial similarity) (SJ, ilcd)
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Filed: 1/26/1998, Entered: 1/26/1998 |
Minutes-Miscellaneous |
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MINUTE-ENTRY: by Judge Harold A. Baker; status hearing by conference call set 10:00 1/27/98 ; atty Wurl to initiate call. (counsel notified by telephone) (SJ, ilcd)
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Filed: 1/26/1998, Entered: 1/26/1998 |
Order |
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ENDORSED ORDER on its face by Judge Harold A. Baker granting motion to withdraw attorney Gregory C Knapp [234-1] for Cornerstone Housing, Community Dev LLC, Shelbyville Apts Ltd, Flora Apts Ltd, and Bradley II Apts Ltd (cc: all counsel). (SJ, ilcd)
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| 227 |
Filed: 1/22/1998, Entered: 1/22/1998, Terminated: 1/27/1998 |
Stipulation |
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STIPULATION for dismissal of third party action filed by Bradley Apts Ltd, Community Development Partners, Donald J. Gianone and Stephen E. Barron and the counterclaim for declaratory judgment filed by Michael Buss and Michael Buss Architects. (SJ, ilcd)
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| 226 |
Filed: 1/22/1998, Entered: 1/22/1998 |
~Notice (other) |
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NOTICE of filing mtn for withdrawal of counsel (#225) by defendant Bradley II Apts Ltd, defendant Flora Apts Ltd, defendant Shelbyville Apts Ltd, defendant Community Dev LLC, defendant Cornerstone Housing (SJ, ilcd)
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| 226 |
Filed: 1/22/1998, Entered: 1/22/1998 |
~Notice (other) |
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NOTICE of filing mtn for withdrawal of counsel (#225) by defendant Community Dev Prt, defendant Donald J Gianone, defendant Stephen E Barron, third-party plaintiff Bradley Place Ltd, third-party plaintiff Community Dev Prt, third-party plaintiff Donald J Gianone, third-party plaintiff Stephen E Barron, counter-defendant Bradley Place Ltd, counter-defendant Community Dev Prt, counter-defendant Donald J Gianone, counter-defendant Stephen E Barron, counter-claimant Bradley Place Ltd, counter-claimant Community Dev Prt, counter-claimant Donald J Gianone, counter-claimant Stephen E Barron, defendant Bradley Apts Ltd (SJ, ilcd)
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| 225 |
Filed: 1/22/1998, Entered: 1/22/1998, Terminated: 1/27/1998 |
Motion to Withdraw as Attorney |
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MOTION by defendant Bradley Apts Ltd, defendant Bradley II Apts Ltd, defendant Flora Apts Ltd, defendant Shelbyville Apts Ltd, defendant Community Dev LLC, defendant Cornerstone Housing to withdraw attorney Mark J Liss, Tamara Gleason, Mark Joy (SJ, ilcd)
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| 225 |
Filed: 1/22/1998, Entered: 1/22/1998, Terminated: 1/27/1998 |
Motion to Withdraw as Attorney |
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MOTION by defendant Community Dev Prt, defendant Donald J Gianone, defendant Stephen E Barron, third-party plaintiff Bradley Place Ltd, third-party plaintiff Community Dev Prt, third-party plaintiff Donald J Gianone, third-party plaintiff Stephen E Barron, counter-defendant Bradley Place Ltd, counter-defendant Community Dev Prt, counter-defendant Donald J Gianone, counter-defendant Stephen E Barron, counter-claimant Bradley Place Ltd, counter-claimant Community Dev Prt, counter-claimant Donald J Gianone, counter-claimant Stephen E Barron to withdraw attorney Mark J Liss, Tamara Gleason, Mark Joy (SJ, ilcd)
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Filed: 1/21/1998, Entered: 1/23/1998 |
Minutes-Miscellaneous |
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MINUTE-ENTRY: by Judge Harold A. Baker; Rule 16 conference held and pretrial conference held 9:00 1/21/98 ; appearance of Balsamo/Olson Group, Stough Group, and Prairie View by Daniel Wurl, Keith Parr, and Michael Gaertner with appearance by Michael Pizzuto as company representative for Stough Group; appearance of Community Development Partners, Donald Gianone, Stephen Barron, Bradley Apts Ltd, Bradley II Apts Ltd, Flora Apts Ltd, Shelbyville Apts Ltd, Community Development, LLC, Cornerstone Housing Concepts and Bradley Place Ltd by David Jones; appearance of Richard T Gammonley Enterprises Ltd by Robert Egan; appearance of William Worn Architecture by Robert Harris. Pretrial order prepared. Order on pending motions will be entered. (SJ, ilcd)
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| 251 |
Filed: 1/20/1998, Entered: 1/30/1998 |
~Notice (other) |
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NOTICE by defendant Richard T Gammonley of filing documents #245, 247, 248, 249 (SJ, ilcd)
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| 234 |
Filed: 1/20/1998, Entered: 1/23/1998 |
Motion to Withdraw as Attorney |
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MOTION by defendant Bradley II Apts Ltd, defendant Flora Apts Ltd, defendant Shelbyville Apts Ltd, defendant Community Dev LLC, defendant Cornerstone Housing to withdraw attorney Gregory C Knapp (SJ, ilcd)
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| 233 |
Filed: 1/20/1998, Entered: 1/23/1998 |
Reply to Response to Motion |
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REPLY by defendant Community Dev Prt, defendant Donald J Gianone, defendant Stephen E Barron, defendant Bradley Apts Ltd, defendant Bradley II Apts Ltd, defendant Flora Apts Ltd, defendant Shelbyville Apts Ltd, defendant Community Dev LLC, defendant Cornerstone Housing to response to motion for partial summary judgment as to Counts I and II of the 2nd Amended Verified Complaint [175-1] (SJ, ilcd)
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| 232 |
Filed: 1/20/1998, Entered: 1/23/1998 |
Response |
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Rule 7.1(D)(2) RESPONSE by defendant Community Dev Prt, defendant Donald J Gianone, defendant Stephen E Barron, defendant Bradley Apts Ltd, defendant Bradley II Apts Ltd, defendant Flora Apts Ltd, defendant Shelbyville Apts Ltd, defendant Community Dev LLC, defendant Cornerstone Housing to Pltfs' Statement of Undisputed Facts [203-1] (SJ, ilcd)
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| 231 |
Filed: 1/20/1998, Entered: 1/23/1998 |
Memorandum in Support of Motion |
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MEMORANDUM IN SUPPORT of motion to bifurcate the Counterclaims and Affirmative Defense of Copyright Misuse [230-1] by defendant Community Dev Prt, defendant Donald J Gianone, defendant Stephen E Barron, defendant Bradley Apts Ltd, defendant Bradley II Apts Ltd, defendant Flora Apts Ltd, defendant Shelbyville Apts Ltd, defendant Community Dev LLC, defendant Cornerstone Housing (SJ, ilcd)
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| 230 |
Filed: 1/20/1998, Entered: 1/23/1998 |
Motion to Bifurcate |
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MOTION by defendant Community Dev Prt, defendant Donald J Gianone, defendant Stephen E Barron, defendant Bradley Apts Ltd, defendant Bradley II Apts Ltd, defendant Flora Apts Ltd, defendant Shelbyville Apts Ltd, defendant Community Dev LLC, defendant Cornerstone Housing to bifurcate the Counterclaims and Affirmative Defense of Copyright Misuse . (SJ, ilcd)
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| 229 |
Filed: 1/20/1998, Entered: 1/23/1998 |
Memorandum in Support of Motion |
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MEMORANDUM IN SUPPORT of motion in limine to exclude certain evidence of the preliminary injunction hearing and order [228-1] by defendant Community Dev Prt, defendant Donald J Gianone, defendant Stephen E Barron, defendant Bradley Apts Ltd, defendant Bradley II Apts Ltd, defendant Flora Apts Ltd, defendant Shelbyville Apts Ltd, defendant Community Dev LLC, defendant Cornerstone Housing (SJ, ilcd)
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| 228 |
Filed: 1/20/1998, Entered: 1/23/1998 |
Motion in Limine |
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MOTION by defendant Community Dev Prt, defendant Donald J Gianone, defendant Stephen E Barron, defendant Bradley Apts Ltd, defendant Bradley II Apts Ltd, defendant Flora Apts Ltd, defendant Shelbyville Apts Ltd, defendant Community Dev LLC, defendant Cornerstone Housing in limine to exclude certain evidence of the preliminary injunction hearing and order (SJ, ilcd)
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| 224 |
Filed: 1/20/1998, Entered: 1/20/1998, Terminated: 1/30/1998 |
Motion for Miscellaneous Relief |
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MOTION by plaintiff Balsamo/Olson Group, plaintiff Stough Group Inc, plaintiff Prairie View LPI to exclude testimony of expert of dft Richard T. Gammonley Enterprises, Inc d/b/a Gammonley Group (MT, ilcd)
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| 223 |
Filed: 1/16/1998, Entered: 1/16/1998 |
~Notice (other) |
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NOTICE of filing doc #222 by defendant Richard T Gammonley (SJ, ilcd)
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| 222 |
Filed: 1/16/1998, Entered: 1/16/1998 |
Affirmative Defenses |
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AFFIRMATIVE DEFENSES filed by defendant Richard T Gammonley (SJ, ilcd)
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| 222 |
Filed: 1/16/1998, Entered: 1/16/1998 |
Answer |
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ANSWER to Second Amended Verified Complaint by defendant Richard T Gammonley (SJ, ilcd)
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| 220 |
Filed: 1/16/1998, Entered: 1/16/1998 |
Response to Motion |
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RESPONSE by plaintiff Balsamo/Olson Group, plaintiff Stough Group Inc, plaintiff Prairie View LPI in opposition to motion to sever [216-1] (SJ, ilcd)
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| -- |
Filed: 1/16/1998, Entered: 1/16/1998 |
Minutes-Miscellaneous |
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MINUTE-ENTRY: by Judge Harold A. Baker; Rule 16 conference RESET to 9:00 1/21/98 ; pretrial conference RESET to 9:00 1/21/98 ; resetting motion to adopt and join in motion to sever [216-1] [219-1] at 9:00 1/21/98, resetting motion to sever [216-1] at 9:00 1/21/98, resetting motion to amend appendix to dft William Worn Arch memo of law in support of mtn for sum jgm [204-1] at 9:00 1/21/98, resetting motion to waive trial by jury [194-1] at 9:00 1/21/98, resetting motion to adopt co-defendants motions for summary judgment [192-1] at 9:00 1/21/98, resetting motion for judgment on the pleadings [190-1] at 9:00 1/21/98, resetting motion for summary judgment [184-1] at 9:00 1/21/98, resetting motion for summary judgment on Counts I and II of 2nd Amended Verified Complaint [179-1] at 9:00 1/21/98, resetting motion for partial summary judgment as to Counts I and II of the 2nd Amended Verified Complaint [175-1] at 9:00 1/21/98, resetting motion for determination of good faith settlement [157-1] at 9:00 1/21/98 by personal appearance. (parties notified by telephone) (SJ, ilcd)
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| -- |
Filed: 1/16/1998, Entered: 1/16/1998 |
Minutes-Miscellaneous |
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MINUTE-ENTRY: conf call held by Judge Harold A. Baker re motion to sever [216-1]; appearance of Balsamo/Olson Group, Stough Group and Prairie View by Keith Parr, Michael Gaertner and Daniel Wurl; appearance of Bradley Apts Ltd, Community Development Partners, Donald Gianone and Stephen Barron by David Jones; appearance of David G. Lyon by James R. Vogler; appearance of Richard T. Gammonley Enterprises by Robert Egan; appearance of Michael Buss and Michael Buss Architects by Gary Nelson; appearance of William Worn Architecture by Robert Harris; appearance of Bradley II Apts Ltd, Flora Apts, Shelbyville Apts, Community Development, and Cornerstone Housing Concepts by Gregory Knapp. The Court suggests that motions be heard at the final pretrial conference. Rule 16 conference set 9:00 1/23/98 by personal appearance in Urbana, Illinois. At the conclusion of the Rule 16 hearing the pretrial conference will be held; pretrial conference set for 1/21/98 is VACATED and is RESET to 9:00 1/23/98 by personal appearance in Urbana, IL. Pending motion to adopt and join in motion to sever [216-1] [219-1], motion to sever [216-1], motion to amend appendix to dft William Worn Arch memo of law in support of mtn for sum jgm [204-1], motion to waive trial by jury [194-1], motion to adopt co-defendants motions for summary judgment [192-1], motion for judgment on the pleadings [190-1], motion for summary judgment [184-1], motion for summary judgment on Counts I and II of 2nd Amended Verified Complaint [179-1], motion for partial summary judgment as to Counts I and II of the 2nd Amended Verified Complaint [175-1], and motion for determination of good faith settlement [157-1] set at 9:00 1/23/98. (SJ, ilcd) Modified on 01/16/1998
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| 221 |
Filed: 1/15/1998, Entered: 1/16/1998 |
Notice of Hearing. |
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Notice of hearing filed by dfts Bradley Place Ltd, Community Development Partners, Donald Gianone, Stephen Barron setting motion to sever [216-1] at 1:30 1/16/98 before Judge Harold A. Baker by conf call. (SJ, ilcd)
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| -- |
Filed: 1/15/1998, Entered: 1/15/1998 |
Minutes-Miscellaneous |
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MINUTE-ENTRY: by Judge Harold A. Baker setting motion to sever [216-1] at 1:30 1/16/98 by telephone conf call. (atty Jones to give notice and initiate the call) (SJ, ilcd)
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| 219 |
Filed: 1/14/1998, Entered: 1/15/1998 |
Motion for Miscellaneous Relief |
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MOTION by defendant Bradley II Apts Ltd, defendant Flora Apts Ltd, defendant Shelbyville Apts Ltd, defendant Community Dev LLC, defendant Cornerstone Housing to adopt and join in motion to sever [216-1] (SJ, ilcd)
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| 218 |
Filed: 1/14/1998, Entered: 1/15/1998 |
Notice of Appearance |
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ATTORNEY APPEARANCE by Gregory C. Knapp for defendant Bradley II Apts Ltd, defendant Flora Apts Ltd, defendant Shelbyville Apts Ltd, defendant Community Dev LLC, defendant Cornerstone Housing (SJ, ilcd)
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| 217 |
Filed: 1/13/1998, Entered: 1/13/1998 |
Reply to Response to Motion |
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REPLY by third-party defendant Michael Buss Arch, third-party defendant Michael Buss to response to motion for judgment on the pleadings [190-1] (SJ, ilcd)
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| -- |
Filed: 1/13/1998, Entered: 1/13/1998 |
Order |
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ENDORSED ORDER on its face by Mag. Judge David G. Bernthal granting motion for leave to file reply to third-party pltf's response to mtns for sum jgm on third party complaint [214-1] (cc: all counsel). (SJ, ilcd)
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| 216 |
Filed: 1/12/1998, Entered: 1/13/1998 |
~Motion to Sever |
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MOTION by defendant Community Dev Prt, defendant Donald J Gianone, defendant Stephen E Barron, defendant Bradley Apts Ltd to sever the issues raised in the Second Amended Complaint filed on 12/3/97 (SJ, ilcd)
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| 215 |
Filed: 1/12/1998, Entered: 1/13/1998 |
Notice of Appearance |
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ATTORNEY APPEARANCE by David E. Jones for defendant Community Dev Prt, defendant Donald J Gianone, defendant Stephen E Barron, defendant Bradley Apts Ltd (SJ, ilcd)
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| 214 |
Filed: 1/9/1998, Entered: 1/9/1998, Terminated: 1/13/1998 |
Motion for Leave to File |
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MOTION by third-party defendant Michael Buss Arch, third-party defendant Michael Buss for leave to file reply to third-party pltf's response to mtns for sum jgm on third party complaint (SJ, ilcd)
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| 213 |
Filed: 1/8/1998, Entered: 1/8/1998 |
Appendix |
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APPENDIX filed by plaintiff Balsamo/Olson Group, plaintiff Stough Group Inc, plaintiff Prairie View LPI re Statement of Add'l Undisputed Facts [212-1] in Response to dft William Worn Arch Mtn for Sum Jgm. (SJ, ilcd)
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| 212 |
Filed: 1/8/1998, Entered: 1/8/1998 |
Statement of Facts |
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STATEMENT OF ADDITIONAL FACTS (undisputed) by plaintiff Balsamo/Olson Group, plaintiff Stough Group Inc, plaintiff Prairie View LPI in support of Memorandum in Opposition to dft William Worn Arch Mtn for Sum Jgm [211-1] (SJ, ilcd)
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| 211 |
Filed: 1/8/1998, Entered: 1/8/1998 |
Memorandum in Opposition to Motion/Petition |
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MEMORANDUM IN OPPOSITION to dft William Worn Arch motion for summary judgment [184-1] by plaintiff Balsamo/Olson Group, plaintiff Stough Group Inc, plaintiff Prairie View LPI (SJ, ilcd)
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| 210 |
Filed: 1/8/1998, Entered: 1/8/1998 |
Response |
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RESPONSE by plaintiff Balsamo/Olson Group, plaintiff Stough Group Inc, plaintiff Prairie View LPI to dft William Worn Arch Stmt of Undisputed Facts [186-1] (SJ, ilcd)
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| 209 |
Filed: 1/8/1998, Entered: 1/8/1998 |
Appendix |
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APPENDIX filed by plaintiff Balsamo/Olson Group, plaintiff Stough Group Inc, plaintiff Prairie View LPI re Stmt of Add'l Undisputed Facts [208-1] in response to dft Lyon's Mtn for Sum Jgm (SJ, ilcd)
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| 208 |
Filed: 1/8/1998, Entered: 1/8/1998 |
Statement of Facts |
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STATEMENT OF ADDITIONAL FACTS (undisputed) by plaintiff Balsamo/Olson Group, plaintiff Stough Group Inc, plaintiff Prairie View LPI in support of memorandum in opposition to dft Lyon's Mtn for Sum Jgm [206-1] (SJ, ilcd)
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| 207 |
Filed: 1/8/1998, Entered: 1/8/1998 |
Response |
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RESPONSE by plaintiff Balsamo/Olson Group, plaintiff Stough Group Inc, plaintiff Prairie View LPI to dft Lyon's Stmt of Undisputed Facts [181-1] (SJ, ilcd)
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| 206 |
Filed: 1/8/1998, Entered: 1/8/1998 |
Memorandum in Opposition to Motion/Petition |
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MEMORANDUM IN OPPOSITION to dft Lyon's motion for summary judgment on Counts I and II of 2nd Amended Verified Complaint [179-1] by plaintiff Balsamo/Olson Group, plaintiff Stough Group Inc, plaintiff Prairie View LPI (SJ, ilcd)
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| 205 |
Filed: 1/8/1998, Entered: 1/8/1998 |
~Notice (other) |
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NOTICE of filing doc #204 by defendant William Worn Arch (SJ, ilcd)
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| 204 |
Filed: 1/8/1998, Entered: 1/8/1998, Terminated: 1/27/1998 |
Motion to Amend/Correct |
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MOTION by defendant William Worn Arch to amend appendix to dft William Worn Arch memo of law in support of mtn for sum jgm (SJ, ilcd)
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| 203 |
Filed: 1/5/1998, Entered: 1/6/1998 |
Statement of Facts |
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RULE 7.1(D)(3) STATEMENT OF ADDITIONAL FACTS (undisputed) by plaintiff Balsamo/Olson Group, plaintiff Stough Group Inc, plaintiff Prairie View LPI in response to the Developer Defendants' (and Gammonley's) motion for partial summary judgment as to Counts I and II of the 2nd Amended Verified Complaint [175-1] (SJ, ilcd)
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| 202 |
Filed: 1/5/1998, Entered: 1/6/1998 |
Response |
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RESPONSE by plaintiff Balsamo/Olson Group, plaintiff Stough Group Inc, plaintiff Prairie View LPI to Developer Defendants' (and Gammonley's) Statement of Undisputed Facts [177-1] (SJ, ilcd)
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| 201 |
Filed: 1/5/1998, Entered: 1/6/1998 |
Appendix |
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APPENDIX filed by plaintiff Balsamo/Olson Group, plaintiff Stough Group Inc, plaintiff Prairie View LPI re motion response [200-1] (SJ, ilcd)
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| 200 |
Filed: 1/5/1998, Entered: 1/6/1998 |
Response to Motion |
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RESPONSE by plaintiff Balsamo/Olson Group, plaintiff Stough Group Inc, plaintiff Prairie View LPI to motion for partial summary judgment as to Counts I and II of the 2nd Amended Verified Complaint [175-1] (SJ, ilcd)
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| 199 |
Filed: 12/30/1997, Entered: 1/5/1998 |
~Notice (other) |
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NOTICE of filing doc #198 by third-party plaintiff Bradley Place Ltd, third-party plaintiff Community Dev Prt, third-party plaintiff Donald J Gianone, third-party plaintiff Stephen E Barron (SJ, ilcd)
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| 198 |
Filed: 12/30/1997, Entered: 1/5/1998 |
Response to Motion |
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RESPONSE by third-party plaintiff Bradley Place Ltd, third-party plaintiff Community Dev Prt, third-party plaintiff Donald J Gianone, third-party plaintiff Stephen E Barron to motion for judgment on the pleadings [190-1] (SJ, ilcd)
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| 197 |
Filed: 12/23/1997, Entered: 12/23/1997 |
Response to Motion |
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RESPONSE by plaintiff Balsamo/Olson Group, plaintiff Stough Group Inc in opposition to the Gammonley Group's motion to waive trial by jury [194-1] (KW, ilcd)
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| 196 |
Filed: 12/19/1997, Entered: 12/19/1997 |
Affirmative Defenses |
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AFFIRMATIVE DEFENSES filed by defendant David G Lyon (SJ, ilcd)
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| Save 25% on a pre-paid one year subscription. |
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| 196 |
Filed: 12/19/1997, Entered: 12/19/1997 |
Answer |
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ANSWER to Second Amended Verified Complaint by defendant David G Lyon (SJ, ilcd)
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| 195 |
Filed: 12/19/1997, Entered: 12/19/1997 |
~Notice (other) |
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NOTICE of filing doc #194 by defendant Richard T Gammonley (SJ, ilcd)
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| 194 |
Filed: 12/19/1997, Entered: 12/19/1997, Terminated: 1/27/1998 |
Motion for Miscellaneous Relief |
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MOTION by defendant Richard T Gammonley to waive trial by jury (SJ, ilcd)
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| 193 |
Filed: 12/19/1997, Entered: 12/19/1997 |
~Notice (other) |
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NOTICE of filing doc #192 by defendant Richard T Gammonley (SJ, ilcd)
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| 192 |
Filed: 12/19/1997, Entered: 12/19/1997, Terminated: 1/27/1998 |
Motion for Miscellaneous Relief |
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MOTION by defendant Richard T Gammonley to adopt co-defendants motions for summary judgment (SJ, ilcd)
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| -- |
Filed: 12/18/1997, Entered: 12/18/1997 |
Minutes-Miscellaneous |
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MINUTE-ENTRY: by Judge Harold A. Baker; hearing on dispute re William Worn's deposition held by conf call 11:00 12/18/97 --appearance of pltfs by Keith Parr, Michael Gaertner and client rep Pazatto; appearance of Community Dev Prtnrs, Donald Gianone, Stephen Barron, Bradley Apts Ltd, Bradley II Apts Ltd, Flora Apts Ltd, Shelbyville Apts Ltd, Community Dev, and Cornerstone Housing Concepts by Mark Liss; appearance of David Lyon by James Vogler; appearance of Richard T Gammonley Enterprises by Robert Egan; appearance of Wm Worn Architecture by Robert Harris; appearance of Michael Buss and Michael Buss Architects by Gary Nelson. Arguments heard; attys to take deposition of Mr. Worn on 12/19/97 for a maximum of 4 hours. Pltfs make oral mtn to extend time to respond to mtns for sum jgm; mtn granted. Response ddl re motion for judgment on the pleadings [190-1], motion for summary judgment [184-1], motion for summary judgment on Counts I and II of 2nd Amended Verified Complaint [179-1], and motion for partial summary judgment as to Counts I and II of the 2nd Amended Verified Complaint [175-1] are extended to 1/5/98 (SJ, ilcd)
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| -- |
Filed: 12/17/1997, Entered: 12/17/1997 |
Minutes-Miscellaneous |
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MINUTE-ENTRY: by Judge Harold A. Baker; at request of atty Gaertner, a conference call re discovery is set 11:00 12/18/97 . Attorney Gaertner to place the call. (SJ, ilcd)
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| 189 |
Filed: 12/16/1997, Entered: 12/16/1997 |
Appendix |
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APPENDIX filed by defendant William Worn Arch re memorandum [188-1] (SJ, ilcd)
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| 188 |
Filed: 12/16/1997, Entered: 12/16/1997 |
Memorandum in Support of Motion |
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MEMORANDUM IN SUPPORT of motion for summary judgment [184-1] by defendant William Worn Arch (SJ, ilcd)
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| 183 |
Filed: 12/16/1997, Entered: 12/16/1997 |
Answer |
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ANSWER to Second Amended Verified Complaint by defendant Community Dev Prt, defendant Donald J Gianone, defendant Stephen E Barron, defendant Bradley Apts Ltd, defendant Flora Apts Ltd, defendant Shelbyville Apts Ltd, defendant Community Dev LLC, defendant Cornerstone Housing (SJ, ilcd)
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| -- |
Filed: 12/16/1997, Entered: 12/16/1997 |
Order |
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ENDORSED ORDER on its face by Judge Harold A. Baker granting dft William Worn Arch motion for leave to file brief in excess of 15 pages instanter [185-1] (cc: all counsel). (SJ, ilcd)
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| 191 |
Filed: 12/15/1997, Entered: 12/16/1997 |
Memorandum in Support of Motion |
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MEMORANDUM IN SUPPORT of motion for judgment on the pleadings [190-1] by third-party defendant Michael Buss Arch, third-party defendant Michael Buss (SJ, ilcd)
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| 190 |
Filed: 12/15/1997, Entered: 12/16/1997 |
Motion for Judgment as a Matter of Law |
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MOTION by third-party defendant Michael Buss Arch, third-party defendant Michael Buss for judgment on the pleadings (SJ, ilcd)
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| 187 |
Filed: 12/15/1997, Entered: 12/16/1997 |
~Notice (other) |
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NOTICE of filing doc #184-186 by defendant William Worn Arch (SJ, ilcd)
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| 186 |
Filed: 12/15/1997, Entered: 12/16/1997 |
Statement of Facts |
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STATEMENT OF FACTS (undisputed) by defendant William Worn Arch in support of motion for summary judgment [184-1] (SJ, ilcd)
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| 185 |
Filed: 12/15/1997, Entered: 12/16/1997 |
Motion for Leave to File |
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MOTION by defendant William Worn Arch for leave to file brief in excess of 15 pages instanter (SJ, ilcd)
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| 184 |
Filed: 12/15/1997, Entered: 12/16/1997 |
Motion for Summary Judgment |
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MOTION by defendant William Worn Arch for summary judgment (SJ, ilcd)
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| 182 |
Filed: 12/15/1997, Entered: 12/16/1997 |
~Notice (other) |
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NOTICE of filing documents #179-181 by defendant David G Lyon (SJ, ilcd)
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| 181 |
Filed: 12/15/1997, Entered: 12/16/1997 |
Statement of Facts |
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STATEMENT OF FACTS (undisputed) by defendant David G Lyon in support of motion for summary judgment on Counts I and II of 2nd Amended Verified Complaint [179-1] (SJ, ilcd)
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| 180 |
Filed: 12/15/1997, Entered: 12/16/1997 |
Memorandum in Support of Motion |
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MEMORANDUM IN SUPPORT of motion for summary judgment on Counts I and II of 2nd Amended Verified Complaint [179-1] by defendant David G Lyon (SJ, ilcd)
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| 179 |
Filed: 12/15/1997, Entered: 12/16/1997 |
Motion for Summary Judgment |
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MOTION by defendant David G Lyon for summary judgment on Counts I and II of 2nd Amended Verified Complaint (SJ, ilcd)
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| 178 |
Filed: 12/15/1997, Entered: 12/16/1997 |
~Notice (other) |
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NOTICE of filing documents #175-177 by defendant Community Dev Prt, defendant Donald J Gianone, defendant Stephen E Barron, defendant Bradley Apts Ltd, defendant Bradley II Apts Ltd, defendant Flora Apts Ltd, defendant Shelbyville Apts Ltd, defendant Community Dev LLC, defendant Cornerstone Housing (SJ, ilcd)
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| 177 |
Filed: 12/15/1997, Entered: 12/16/1997 |
Statement of Facts |
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STATEMENT OF FACTS (undisputed) by defendant Community Dev Prt, defendant Donald J Gianone, defendant Stephen E Barron, defendant Bradley Apts Ltd, defendant Bradley II Apts Ltd, defendant Flora Apts Ltd, defendant Shelbyville Apts Ltd, defendant Community Dev LLC, defendant Cornerstone Housing in support of motion for partial summary judgment as to Counts I and II of the 2nd Amended Verified Complaint [175-1] (SJ, ilcd)
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| 176 |
Filed: 12/15/1997, Entered: 12/16/1997 |
Memorandum in Support of Motion |
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MEMORANDUM IN SUPPORT of motion for partial summary judgment as to Counts I and II of the 2nd Amended Verified Complaint [175-1] by defendant Community Dev Prt, defendant Donald J Gianone, defendant Stephen E Barron, defendant Bradley Apts Ltd, defendant Bradley II Apts Ltd, defendant Flora Apts Ltd, defendant Shelbyville Apts Ltd, defendant Community Dev LLC, defendant Cornerstone Housing (SJ, ilcd)
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| 175 |
Filed: 12/15/1997, Entered: 12/16/1997 |
Motion for Summary Judgment |
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MOTION by defendant Community Dev Prt, defendant Donald J Gianone, defendant Stephen E Barron, defendant Bradley Apts Ltd, defendant Bradley II Apts Ltd, defendant Flora Apts Ltd, defendant Shelbyville Apts Ltd, defendant Community Dev LLC, defendant Cornerstone Housing for partial summary judgment as to Counts I and II of the 2nd Amended Verified Complaint (SJ, ilcd)
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| -- |
Filed: 12/15/1997, Entered: 12/16/1997 |
Remark |
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Remark--2 Fedex boxes containing architectural plans labeled 1, 2A, 2B, 3A received from the "Developer Defendants" in connection with document #177; boxes stored in vault in Clerk's office. (SJ, ilcd)
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| 174 |
Filed: 12/11/1997, Entered: 12/12/1997 |
~Notice (other) |
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NOTICE of filing answer (#173) by defendant William Worn Arch (SJ, ilcd)
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| 173 |
Filed: 12/11/1997, Entered: 12/12/1997 |
Answer |
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ANSWER by defendant William Worn Arch to Second Amended Verified Complaint (SJ, ilcd)
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| 172 |
Filed: 12/11/1997, Entered: 12/11/1997 |
~Notice (other) |
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NOTICE of filing atty appearance (#171) by defendant Bradley II Apts Ltd, defendant Flora Apts Ltd, defendant Shelbyville Apts Ltd, defendant Community Dev LLC, defendant Cornerstone Housing (SJ, ilcd)
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| 171 |
Filed: 12/11/1997, Entered: 12/11/1997 |
Notice of Appearance |
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ATTORNEY APPEARANCE by Mark J. Liss and Tamara A. Gleason for defendant Bradley II Apts Ltd, defendant Flora Apts Ltd, defendant Shelbyville Apts Ltd, defendant Community Dev LLC, defendant Cornerstone Housing (SJ, ilcd)
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| -- |
Filed: 12/10/1997, Entered: 12/10/1997 |
Minutes-Miscellaneous |
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MINUTE-ENTRY: by Mag. Judge David G. Bernthal; motion to extend the schedule for expert discovery [139-1] is granted as of 11/24/97; an endorsed order was signed on 11/24/97 and was inadvertently overlooked by the Clerk's office. (cc: all counsel) (SJ, ilcd)
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| 170 |
Filed: 12/5/1997, Entered: 12/8/1997 |
Memorandum in Opposition to Motion/Petition |
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MEMORANDUM IN OPPOSITION to motion to extend certain dates [165-1] by plaintiff Balsamo/Olson Group, plaintiff Stough Group Inc, plaintiff Prairie View LPI (SJ, ilcd)
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| -- |
Filed: 12/5/1997, Entered: 12/5/1997 |
Minutes-Miscellaneous |
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MINUTE-ENTRY: by Judge Harold A. Baker denying motion to extend certain dates [165-1], finding the motion to join defts' partially agreed to motion to extend certain dates [165-1] [167-1] moot. All pending motions set for hearing at same time as pretrial conference is set; setting motion for determination of good faith settlement [157-1] at 1:30 1/21/98, setting motion to extend the schedule for expert discovery [139-1] at 1:30 1/21/98 by personal appearance in Urbana, IL. (cc: all counsel) (SJ, ilcd)
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| 169 |
Filed: 12/2/1997, Entered: 12/3/1997 |
~Notice (other) |
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NOTICE of filing doc #167 by defendant William Worn Arch (SLJ, ilcd)
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| 168 |
Filed: 12/2/1997, Entered: 12/3/1997 |
Summons Issued |
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SUMMONS issued as to defendant Bradley II Apartments Limited Partnership and returned to plaintiff's attorney (SLJ, ilcd) Modified on 12/03/1997
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| 167 |
Filed: 12/2/1997, Entered: 12/3/1997 |
Motion for Miscellaneous Relief |
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MOTION by defendant William Worn Arch to join defts' partially agreed to motion to extend certain dates [165-1] (SLJ, ilcd) Modified on 12/03/1997
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| 166 |
Filed: 12/1/1997, Entered: 12/3/1997 |
Letter |
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LETTER from pltf's advising court they do not object to David Lyon's motion for exttm of time filed 11/21/97 (SLJ, ilcd)
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| 165 |
Filed: 12/1/1997, Entered: 12/3/1997 |
Motion for Extension of Time |
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PARTIALLY AGREED-TO MOTION by defendant Bradley Apts Ltd, defendant Community Dev Prt, defendant Donald J Gianone, defendant Stephen E Barron to extend certain dates (SJ, ilcd)
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| 164 |
Filed: 11/26/1997, Entered: 12/2/1997 |
Amended Complaint |
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SECOND AMENDED VERIFIED COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES by plaintiff Balsamo/Olson Group, plaintiff Stough Group Inc, plaintiff Prairie View LPI [54-1], [1-1]; terminating William Worn & Assoc, Bradley Place Ltd; adding Bradley Apts Ltd, Michael Buss Arch, Michael Buss, William Worn Arch, Bradley II Apts Ltd, Flora Apts Ltd, Shelbyville Apts Ltd, Community Dev LLC, Cornerstone Housing (SJ, ilcd)
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| 163 |
Filed: 11/25/1997, Entered: 11/25/1997 |
Order |
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ORDER by Mag. Judge David G. Bernthal granting motion to dismiss cross-claim of Richard T. Gammonley Enterprises [132-1], granting motion to dismiss the cross-claim of William Worn & Associates [148-1]; terminating party Michael Buss, party Michael Buss Arch, party William Worn & Assoc, party Michael Buss, party Michael Buss Arch, party Richard T Gammonley . Gammonley is granted 21 days in which to file an amended cross-claim and Worn is granted 21 days in which to file an amended complaint should he believe there is some other foundation upon which a claim for contribution can be rested; misc ddl for filing amended cross-claims set 12/16/97 . (cc: all counsel) (SJ, ilcd)
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| 162 |
Filed: 11/24/1997, Entered: 11/24/1997 |
Order |
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ORDER by Mag. Judge David G. Bernthal granting Bradley dfts' motion to compel responses from the pltfs to discovery relating to the Prairie View Plans' compliance with all applicable laws [134-1]; the prayer for award of attorney fees is denied. (cc: all counsel) (SJ, ilcd)
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| -- |
Filed: 11/24/1997, Entered: 11/24/1997 |
Order |
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ENDORSED ORDER on its face by Mag. Judge David G. Bernthal granting motion to extend time until 12/15/97 to refile mtn for sum jgm [161-1]; ddl set 12/15/97 for dft Lyon to refile mtn for sum jgm . (cc: all counsel). (SJ, ilcd)
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| -- |
Filed: 11/24/1997, Entered: 11/24/1997 |
Order |
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ENDORSED ORDER on its face by Mag. Judge David G. Bernthal denying motion for leave to file reply brief instanter [159-1] (cc: all counsel). (SJ, ilcd)
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| 161 |
Filed: 11/21/1997, Entered: 11/21/1997, Terminated: 11/24/1997 |
Motion for Extension of Time |
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MOTION by defendant David G Lyon to extend time until 12/15/97 to refile mtn for sum jgm (SJ, ilcd)
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| 160 |
Filed: 11/19/1997, Entered: 11/21/1997 |
Miscellaneous Document |
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CERTIFICATION of counsel re discovery by third-party defendant Michael Buss Arch, third-party defendant Michael Buss (SJ, ilcd)
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| 159 |
Filed: 11/19/1997, Entered: 11/20/1997 |
Motion for Leave to File |
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MOTION by third-party defendant Michael Buss Arch, third-party defendant Michael Buss for leave to file reply brief instanter (SJ, ilcd) Modified on 11/21/1997
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| 158 |
Filed: 11/19/1997, Entered: 11/20/1997 |
Affidavit |
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STATEMENT of Michael Buss regarding motion for determination of good faith settlement [157-1] (SJ, ilcd) Modified on 11/21/1997
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| 157 |
Filed: 11/19/1997, Entered: 11/20/1997 |
Motion for Order |
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MOTION by third-party defendant Michael Buss Arch, third-party defendant Michael Buss for determination of good faith settlement (SJ, ilcd) Modified on 11/21/1997
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| 156 |
Filed: 11/17/1997, Entered: 11/17/1997 |
Order |
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ORDER by Mag. Judge David G. Bernthal granting motion for leave to file second amended verified complaint for injunctive relief and damages [137-1] (cc: all counsel) (SJ, ilcd)
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| -- |
Filed: 11/17/1997, Entered: 11/17/1997 |
Minutes-Miscellaneous |
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MINUTE-ENTRY: by Mag. Judge David G. Bernthal; discovery dispute hearing held 10:00 11/17/97 . Appearance of pltfs by Michael Gaertner, appearance of Bradley Place, Comm Dev Partners, Donald Gianone, and Stephen Barron by Mark Liss, appearance of William Worn & Assoc by Robert Harris, appearance of Michael Buss by Stephen Thomas. The Court advised parties that an order will be entered allowing the filing of 2nd amended complaint; the dispute is moot with the ruling on filing amended complaint. (SJ, ilcd)
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| -- |
Filed: 11/14/1997, Entered: 11/14/1997 |
Minutes-Miscellaneous |
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MINUTE-ENTRY: by Mag. Judge David G. Bernthal; a discovery dispute hearing is set 10:00 11/17/97 by telephone conf call. (atty Gaertner notified all counsel) (SJ, ilcd)
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| 155 |
Filed: 11/13/1997, Entered: 11/13/1997 |
~Notice (other) |
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NOTICE of filing doc #154 by cross-claimant William Worn & Assoc (SJ, ilcd)
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| 154 |
Filed: 11/13/1997, Entered: 11/13/1997 |
Memorandum in Opposition to Motion/Petition |
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MEMORANDUM IN OPPOSITION to motion to dismiss the cross-claim of William Worn & Associates [148-1] by cross-claimant William Worn & Assoc (SJ, ilcd)
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| 153 |
Filed: 11/13/1997, Entered: 11/13/1997 |
Reply to Response to Motion |
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REPLY by plaintiff Balsamo/Olson Group, plaintiff Stough Group Inc, plaintiff Prairie View LPI to response to motion for leave to file second amended verified complaint for injunctive relief and damages [137-1] (SJ, ilcd)
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| -- |
Filed: 11/13/1997, Entered: 11/13/1997 |
Order |
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ENDORSED ORDER on its face by Mag. Judge David G. Bernthal granting pltfs' motion for leave to file reply brief in support of mtn for leave to file amended complaint [145-1] (cc: all counsel). (SJ, ilcd)
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| 152 |
Filed: 11/6/1997, Entered: 11/7/1997 |
~Notice (other) |
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NOTICE of filing documents #150 and #151 by cross-claimant Richard T Gammonley (SJ, ilcd)
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| 151 |
Filed: 11/6/1997, Entered: 11/7/1997 |
Memorandum in Support of Motion |
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MEMORANDUM IN SUPPORT of motion response [150-1] by cross-claimant Richard T Gammonley (SJ, ilcd)
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| 150 |
Filed: 11/6/1997, Entered: 11/7/1997 |
Response to Motion |
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RESPONSE by cross-claimant Richard T Gammonley to motion to dismiss cross-claim [132-1] filed by Michael J. Buss and Michael Buss and Associates (SJ, ilcd)
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| 149 |
Filed: 10/29/1997, Entered: 10/31/1997 |
Memorandum in Support of Motion |
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MEMORANDUM IN SUPPORT of motion to dismiss the cross-claim of William Worn & Associates [148-1] by cross-defendant Michael Buss Arch, cross-defendant Michael Buss (SJ, ilcd)
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| 148 |
Filed: 10/29/1997, Entered: 10/31/1997 |
Motion to Dismiss |
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MOTION by cross-defendant Michael Buss Arch, cross-defendant Michael Buss to dismiss the cross-claim of William Worn & Associates (SJ, ilcd)
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| -- |
Filed: 10/28/1997, Entered: 10/28/1997 |
Minutes-Miscellaneous |
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MINUTE-ENTRY: by Judge Harold A. Baker granting pltf's motion to vacate 10/17/97 Order [147-1]; the court's grant of summary judgment to David Lyon is vacated. Vacating [143-1] order, vacating [0-0] scheduling order terminating party David G Lyon, vacating [79-1] motion for summary judgment. Dft Lyon has 30 days to file a new mtn for sum jgm by ddl of 11/27/97 if he so wishes. (cc: all counsel) (SJ, ilcd)
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| 147 |
Filed: 10/23/1997, Entered: 10/23/1997, Terminated: 10/28/1997 |
Motion to Vacate |
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MOTION by plaintiff Balsamo/Olson Group, plaintiff Stough Group Inc, plaintiff Prairie View LPI to vacate 10/17/97 Order (SJ, ilcd)
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| 146 |
Filed: 10/23/1997, Entered: 10/23/1997 |
Response - Miscellaneous |
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OBJECTIONS by defendant Richard T Gammonley to motion for leave to file second amended verified complaint for injunctive relief and damages [137-1] (SJ, ilcd)
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| 145 |
Filed: 10/22/1997, Entered: 10/22/1997, Terminated: 11/13/1997 |
Motion for Leave to File |
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MOTION by plaintiff Balsamo/Olson Group, plaintiff Stough Group Inc, plaintiff Prairie View LPI for leave to file reply brief in support of mtn for leave to file amended complaint (SJ, ilcd)
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| 144 |
Filed: 10/22/1997, Entered: 10/22/1997 |
Response to Motion |
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RESPONSE by defendant Bradley Place Ltd, defendant Community Dev Prt, defendant Donald J Gianone, defendant Stephen E Barron to motion to extend the schedule for expert discovery [139-1] (SJ, ilcd)
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| 143 |
Filed: 10/17/1997, Entered: 10/17/1997, Terminated: 10/28/1997 |
Order |
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ORDER by Judge Harold A. Baker granting dft Lyon's motion for summary judgment [79-1] (cc: all counsel) (SJ, ilcd)
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| 142 |
Filed: 10/16/1997, Entered: 10/16/1997 |
Memorandum in Opposition to Motion/Petition |
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MEMORANDUM IN OPPOSITION to motion to compel responses from the pltfs to discovery relating to the Prairie View Plans' compliance with all applicable laws [134-1] by plaintiff Balsamo/Olson Group, plaintiff Stough Group Inc, plaintiff Prairie View LPI (SJ, ilcd)
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| 141 |
Filed: 10/16/1997, Entered: 10/16/1997 |
Memorandum in Opposition to Motion/Petition |
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MEMORANDUM IN OPPOSITION to motion for leave to file second amended verified complaint for injunctive relief and damages [137-1] by defendant Bradley Place Ltd, defendant Community Dev Prt, defendant Donald J Gianone, defendant Stephen E Barron (SJ, ilcd)
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| 140 |
Filed: 10/16/1997, Entered: 10/16/1997 |
Memorandum in Opposition to Motion/Petition |
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MEMORANDUM IN OPPOSITION to motion for leave to file second amended verified complaint for injunctive relief and damages [137-1] by defendant William Worn & Assoc (SJ, ilcd)
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| 139 |
Filed: 10/14/1997, Entered: 10/16/1997 |
Motion for Extension of Time |
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MOTION by plaintiff Balsamo/Olson Group, plaintiff Stough Group Inc, plaintiff Prairie View LPI to extend the schedule for expert discovery (SJ, ilcd)
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| 138 |
Filed: 10/7/1997, Entered: 10/7/1997 |
Crossclaim |
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CROSSCLAIM for contribution by defendant William Worn & Assoc against third-party defendant Michael Buss Arch, third-party defendant Michael Buss (SJ, ilcd)
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| -- |
Filed: 10/7/1997, Entered: 10/7/1997 |
Order |
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ENDORSED ORDER on its face by Judge Harold A. Baker granting dft William Worn's motion for leave to file cross claim [130-1]; Buss cross defendants to answer within 21 days-- misc ddl set 10/28/97 (cc: all counsel). (SJ, ilcd)
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| 137 |
Filed: 10/1/1997, Entered: 10/1/1997, Terminated: 11/17/1997 |
Motion for Leave to File |
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MOTION by plaintiff Balsamo/Olson Group, plaintiff Stough Group Inc, plaintiff Prairie View LPI for leave to file second amended verified complaint for injunctive relief and damages (SJ, ilcd)
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| 136 |
Filed: 10/1/1997, Entered: 10/1/1997 |
~Notice (other) |
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NOTICE of motion to compel (#134) by defendant Bradley Place Ltd, defendant Community Dev Prt, defendant Donald J Gianone, defendant Stephen E Barron (SJ, ilcd)
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| 135 |
Filed: 10/1/1997, Entered: 10/1/1997 |
Memorandum in Support of Motion |
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MEMORANDUM IN SUPPORT of motion to compel responses from the pltfs to discovery relating to the Prairie View Plans' compliance with all applicable laws [134-1] by defendant Bradley Place Ltd, defendant Community Dev Prt, defendant Donald J Gianone, defendant Stephen E Barron (SJ, ilcd)
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| 134 |
Filed: 10/1/1997, Entered: 10/1/1997, Terminated: 11/24/1997 |
Motion to Compel |
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MOTION by defendant Bradley Place Ltd, defendant Community Dev Prt, defendant Donald J Gianone, defendant Stephen E Barron to compel responses from the pltfs to discovery relating to the Prairie View Plans' compliance with all applicable laws (SJ, ilcd)
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| 133 |
Filed: 10/1/1997, Entered: 10/1/1997 |
Memorandum in Support of Motion |
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MEMORANDUM IN SUPPORT of motion to dismiss cross-claim [132-1] by cross-defendant Michael Buss Arch, cross-defendant Michael Buss (SJ, ilcd)
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| 132 |
Filed: 10/1/1997, Entered: 10/1/1997, Terminated: 11/25/1997 |
Motion to Dismiss |
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MOTION by cross-defendant Michael Buss Arch, cross-defendant Michael Buss to dismiss cross-claim (SJ, ilcd)
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| 131 |
Filed: 9/25/1997, Entered: 9/25/1997 |
~Notice (other) |
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NOTICE of filing doc #130 by defendant William Worn & Assoc (SJ, ilcd)
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| 130 |
Filed: 9/25/1997, Entered: 9/25/1997, Terminated: 10/7/1997 |
Motion for Leave to File |
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MOTION by defendant William Worn & Assoc for leave to file cross claim (SJ, ilcd)
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| 129 |
Filed: 9/15/1997, Entered: 9/15/1997 |
Crossclaim |
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CROSSCLAIM by defendant Richard T Gammonley against third-party defendant Michael Buss Arch, third-party defendant Michael Buss (SJ, ilcd)
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| -- |
Filed: 9/15/1997, Entered: 9/15/1997 |
Order |
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ENDORSED ORDER on its face by Mag. Judge David G. Bernthal granting pltfs' motion to extend time to file response to dft Lyon's mtn for sum jgm [127-1]; response ddl re motion for summary judgment [79-1] extended to 10/6/97 (cc: all counsel). (SJ, ilcd)
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| -- |
Filed: 9/15/1997, Entered: 9/15/1997 |
Order |
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ENDORSED ORDER on its face by Mag. Judge David G. Bernthal granting William Worn & Associates' motion to extend time to disclose experts and provide experts' reports [126-1]. Date for dfts to identify defense experts and produce defense expert reports extended to 11/11/97; expert discovery extended to 12/5/97. (cc: all counsel). (SJ, ilcd)
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| -- |
Filed: 9/15/1997, Entered: 9/15/1997 |
Order |
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ENDORSED ORDER on its face by Mag. Judge David G. Bernthal granting Bradley dfts' motion to extend time to disclose experts and provide experts' report [125-1]. Date for producing experts and experts' report is extended 21 days, until 10/13/97; rebuttal reports extended by 21 days from 10/21/97, to be due on 11/11/97; expert discovery is extended 21 days from 11/14/97, to be completed by 12/5/97. (cc: all counsel). (SJ, ilcd)
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| -- |
Filed: 9/15/1997, Entered: 9/15/1997 |
Order |
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ENDORSED ORDER on its face by Mag. Judge David G. Bernthal granting motion for leave to file Gammonley Enterprises cross claim against Michael Buss Architects and Michael Buss Individually [121-1] (cc: all counsel). (SJ, ilcd)
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| 128 |
Filed: 9/12/1997, Entered: 9/12/1997 |
Order |
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ORDER by Mag. Judge David G. Bernthal granting in part and denying in part pltfs' motion to compel responses from the Bradley defts to pltfs' 2nd set of interr's and reqeusts for production of doc's, and supporting memo of points and authorities [114-1]. The obj re Bradley Place II is sustained. The Bradley dfts are ordered to answer interrogatories 1 and 2 of pltfs' 2nd set of interrogatories and comply with requests 1 and 2 of pltfs' 2nd request for production of documents as they pertain to the Flora and Shelbyville projects and to the extent they have not done so with respect to Bradley Place I. Compliance shall be required within 21 days of the date of this Order. (cc: all counsel) (SJ, ilcd)
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| 127 |
Filed: 8/29/1997, Entered: 9/3/1997 |
Motion for Extension of Time |
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MOTION by plaintiff Balsamo/Olson Group, plaintiff Stough Group Inc, plaintiff Prairie View LPI to extend time to file response to dft Lyon's mtn for sum jgm (SJ, ilcd)
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| 126 |
Filed: 8/28/1997, Entered: 8/28/1997, Terminated: 9/15/1997 |
Motion for Extension of Time |
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MOTION by defendant William Worn & Assoc to extend time to disclose experts and provide experts' reports (SJ, ilcd)
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| 125 |
Filed: 8/27/1997, Entered: 8/27/1997, Terminated: 9/15/1997 |
Motion for Extension of Time |
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MOTION by defendant Bradley Place Ltd, defendant Community Dev Prt, defendant Donald J Gianone, defendant Stephen E Barron to extend time to disclose experts and provide experts' report (SJ, ilcd)
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| 124 |
Filed: 8/20/1997, Entered: 8/20/1997 |
Order on Motion for Miscellaneous Relief |
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STIPULATION AND PROTECTIVE ORDER by consent entered by Judge Harold A. Baker :Re: Confidential Information regarding discovery depositions and other discovery demands made by the parties on any third party or each other. See written order. (cc: all counsel) (SLJ, ilcd)
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| 123 |
Filed: 8/11/1997, Entered: 8/12/1997 |
Miscellaneous Document |
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CERTIFICATION OF COUNSEL re discovery by third-party defendant Michael Buss Arch, third-party defendant Michael Buss (SLJ, ilcd)
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| 122 |
Filed: 8/11/1997, Entered: 8/11/1997 |
~Notice (other) |
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NOTICE of filing doc #121 by defendant Richard T Gammonley (SLJ, ilcd)
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| 121 |
Filed: 8/11/1997, Entered: 8/11/1997, Terminated: 9/15/1997 |
Motion for Leave to File |
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MOTION by defendant Richard T Gammonley for leave to file Gammonley Enterprises cross claim against Michael Buss Architects and Michael Buss Individually (SLJ, ilcd)
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| 120 |
Filed: 8/11/1997, Entered: 8/11/1997 |
Remark |
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Remark - Check No. 1210, in the amount of $95,304.00, drawn on Illinois Equity Fund, Inc., invested at Bank One of Illinois, NA in a Market Index Account pursuant to Court Order entered August 8, 1997 (SH, ilcd)
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| 119 |
Filed: 8/8/1997, Entered: 8/8/1997 |
Order |
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ORDER by Judge Joe B. McDade granting motion for entry of an order directing funds to be deposited with the Clerk of Court [117-1]. Ordered that Clerk is to accept funds on behalf of the Bradley Defendants in the amount of $95,304.00. Further Ordered that the Clerk is to deposit the $95,304 with Bank One, Illinois NA, of Peoria, Illinois in an interest bearing account, namely a Bank One Market Index Account. Upon resolution of this lawsuit, prior to distributing the funds, the Clerk is directed to deduct 10% of the interest earned on the $95,304.00 during the period of investment, as a fee for managing and depositing the funds. (cc: all counsel/2cc's Financial Administrator) (SH, ilcd)
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| 118 |
Filed: 8/7/1997, Entered: 8/8/1997 |
Receipt |
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RECEIPT No. 024426 for Check No. 1210 drawn on Illinois Equity Fund, Inc. in the amount of $95.304.00. Funds deposited by Bradley Place Limited Partnership to be invested by the Clerk pursuant to the June 25, 1996 Order entered by Judge McDade. (SH, ilcd)
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| 117 |
Filed: 8/7/1997, Entered: 8/8/1997, Terminated: 8/8/1997 |
Motion for Order |
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MOTION by defendant Bradley Place Ltd, defendant Community Dev Prt, defendant Donald J Gianone, defendant Stephen E Barron for entry of an order directing funds to be deposited with the Clerk of Court (SH, ilcd)
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| 116 |
Filed: 7/31/1997, Entered: 8/4/1997 |
Miscellaneous Document |
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CERTIFICATE of service re discovery by third-party defendant Michael Buss Arch, third-party defendant Michael Buss (SLJ, ilcd)
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| 115 |
Filed: 7/28/1997, Entered: 7/28/1997 |
Response to Motion |
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RESPONSE by defendant Bradley Place Ltd, defendant Community Dev Prt, defendant Donald J Gianone, defendant Stephen E Barron to motion to compel responses from the Bradley Defts to pltfs' 2nd set of interr's and reqeusts for production of doc's, and supporting memo of points and authorities [114-1] (SJ, ilcd)
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| 114 |
Filed: 7/14/1997, Entered: 7/14/1997, Terminated: 9/12/1997 |
Motion to Compel |
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MOTION by plaintiffs to compel responses from the Bradley Defts to pltfs' 2nd set of interr's and reqeusts for production of doc's, and supporting memo of points and authorities (SLJ, ilcd)
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| Save 25% on a pre-paid one year subscription. |
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| 113 |
Filed: 6/9/1997, Entered: 6/10/1997 |
Answer to Counterclaim |
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ANSWER TO COUNTERCLAIM [112-1] by counter-defendants (SLJ, ilcd)
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| 112 |
Filed: 6/6/1997, Entered: 6/9/1997 |
Affirmative Defenses |
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ADDITIONAL AFFIRMATIVE DEFENSES filed by defendant Bradley Place Ltd, defendant Community Dev Prt, defendant Donald J Gianone, defendant Stephen E Barron (SLJ, ilcd)
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| 112 |
Filed: 6/6/1997, Entered: 6/9/1997 |
Counterclaim |
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COUNTERCLAIMS by defendant Bradley Place Ltd, defendant Community Dev Prt, defendant Donald J Gianone, defendant Stephen E Barron against plaintiff Balsamo/Olson Group, plaintiff Stough Group Inc, plaintiff Prairie View LPI (SLJ, ilcd)
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| -- |
Filed: 6/2/1997, Entered: 6/2/1997 |
Order |
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ENDORSED ORDER on its face by Mag. Judge David G. Bernthal granting motion to substitute law firm Egan and Trapp for Merlo Kanofsky & Brinkmeier [111-1] terminating attorneys Anne M O'Brien and Martin A Kanofsky for Richard T Gammonley and substituting attorney Robert A Egan for Richard T Gammonly. (cc: all counsel). (SLJ, ilcd) Modified on 11/17/1997
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| 111 |
Filed: 5/30/1997, Entered: 5/30/1997, Terminated: 6/2/1997 |
Motion to Substitute Attorney |
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MOTION by defendant Richard T Gammonley to substitute law firm Merlo Kanofsky & Brinkmeier for law firm Egan & Trapp (SLJ, ilcd)
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| 110 |
Filed: 5/23/1997, Entered: 5/23/1997 |
Response to Motion |
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RESPONSE by defendant Bradley Place Ltd, defendant Community Dev Prt, defendant Donald J Gianone, defendant Stephen E Barron to motion for further continuance of deft Lyon's Motion for summary judgment and for additional time within which to file their response [109-1] (MT, ilcd)
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| -- |
Filed: 5/20/1997, Entered: 5/20/1997 |
Minutes-Miscellaneous |
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MINUTE-ENTRY: by Judge Harold A. Baker. Per FrCvP 13(g), dft Gammonley's motion for leave to file third-party complaint [99-1] against co-dfts Michael Buss and Michael Buss Architects is granted. The court directs the movant's attention to Rule 13(g) and notes that the complaint is a cross-claim against a co-party. The movant should file an appropriately titled complaint against Buss and Michael Buss Architects w/in 10 days. (cc: all counsel) (MT, ilcd)
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| -- |
Filed: 5/20/1997, Entered: 5/20/1997 |
Minutes-Miscellaneous |
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MINUTE-ENTRY: by Judge Harold A. Baker. The dfts motion for leave to amend answer to counterclaims and affirmative defenses [74-1] is granted. FRCvP 15(a) provides that leave to amend "shall be freely given when justice so requires." The pltfs' motion for further continuance of deft Lyon's Motion for summary judgment and for additional time within which to file their response [109-1] is granted. Response to dft Lyon's mo for summ jgm due 9/2/97 (cc: all counsel) (MT, ilcd)
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| 109 |
Filed: 5/9/1997, Entered: 5/12/1997 |
Motion to Continue |
|
MOTION by plaintiffs for further continuance of deft Lyon's Motion for summary judgment and for additional time within which to file their response (SLJ, ilcd)
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| 108 |
Filed: 4/11/1997, Entered: 4/14/1997 |
Notice of Appearance |
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ATTORNEY APPEARANCE of Gary D. Nelson for third-party defendant Michael Buss Arch, third-party defendant Michael Buss (SLJ, ilcd)
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| 107 |
Filed: 4/7/1997, Entered: 4/8/1997 |
Notice of Appearance |
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ATTORNEY APPEARANCE of Tamara Gleason for defendant Bradley Place Ltd, defendant Community Dev Prt, defendant Donald J Gianone, defendant Stephen E Barron (SLJ, ilcd)
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| 106 |
Filed: 4/4/1997, Entered: 4/4/1997 |
Notice of Appearance |
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ATTORNEY APPEARANCE of Anne O'Brien for defendant Richard T Gammonley (SLJ, ilcd)
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| 105 |
Filed: 3/31/1997, Entered: 3/31/1997 |
Response |
|
REPLY to pltfs' memo in opp to Bradley Defts' motion to amend their answer to add counterclaims and an affirmative defense by Bradley defts' [84-1] (SLJ, ilcd)
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| 104 |
Filed: 3/28/1997, Entered: 3/31/1997 |
Miscellaneous Document |
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CERTIFICATE of compliance re 26(a)(1) by defendant Richard T Gammonley (SLJ, ilcd)
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| 103 |
Filed: 3/20/1997, Entered: 3/20/1997 |
Miscellaneous Document |
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CERTIFICATE of compliance w/Fed Rule of Civil Procedure 26(a)(1) by defendant David G Lyon (SLJ, ilcd)
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| 102 |
Filed: 3/19/1997, Entered: 3/20/1997 |
Answer to Counterclaim |
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ANSWER TO COUNTERCLAIM [96-1] by Bradley defendants' (SLJ, ilcd)
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| 101 |
Filed: 3/18/1997, Entered: 3/18/1997 |
Order |
|
DISCOVERY ORDER entered by Mag. Judge David G. Bernthal; The ddl for amendment of pleadings & joining add'l parties is 10/1/97; Each party to disclose its experts and provide expert reports by 9/22/97. Each party to make disclosures w/respect to any expert intended solely to contradict or rebut evidence on the subject matter presented by another party in the expert reports produced 9/22/97, by 10/21/97. All fact disc to be completed by 8/31/97. All fact discovery to be completed by 11/14/97 . Mtn filing ddl for filing case dispositive motions is 12/15/97 . Matter set for final pretrial conference before Judge Baker at 1:30 1/21/98 by personal appearance in Urbana. Jury selection and jury trial set at 9:00 on 2/2/98 before Judge Harold Baker. (cc: all counsel) (SLJ, ilcd)
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| -- |
Filed: 3/18/1997, Entered: 3/18/1997 |
Minutes-Miscellaneous |
|
MINUTE-ENTRY: by Mag. Judge David G. Bernthal; Matter set for jury selection at 9:00 2/2/98 before Judge Baker in Urbana. See Discovery Order entered 3/18/97. (SLJ, ilcd)
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| 100 |
Filed: 3/13/1997, Entered: 3/13/1997 |
Miscellaneous Document |
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CERTIFICATE of compliance with FRCivP Procedure 26(a)(1) by Bradley defendants' (SLJ, ilcd)
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| 99 |
Filed: 3/10/1997, Entered: 3/10/1997, Terminated: 5/20/1997 |
Motion for Leave to File |
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MOTION by defendant Richard T Gammonley for leave to file third-party complaint (SLJ, ilcd)
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| 98 |
Filed: 3/10/1997, Entered: 3/10/1997 |
Miscellaneous Document |
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CERTIFICATE of compliance with Federal Rule of Civil Procedure 26(A)(1) by defendant William Worn & Assoc (SLJ, ilcd)
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| -- |
Filed: 3/10/1997, Entered: 3/12/1997 |
Minutes-Miscellaneous |
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MINUTE-ENTRY: by Mag. Judge David G. Bernthal ; Rule 16 conference held 1:30 3/10/97 . Apr of pltfs thru Daniel Wurl & Keith Parr, apr of deft Bradley Place, Community Develoment, Donald Gianone & Stephen Barron thru Mark Liss, apr of deft Lyon thru James Vogler, apr of deft William Worn & Assoc thru Robert Harris, apr of deft Richard Gammonly thru Martin Kanofsky, apr of 3/p deft Micheal Buss Architects & Michael Buss thru Gary Nelson; Crt hrd arg's re doc #74; Deft orally moved to file a reply brief to doc' #74. Allowed. Reply due by 3/31/97. Pltf requests trial date before Judge Baker the fall of '97. Deft Lyon requests disc c/off be w/in 60 days. Est length of trial 2 weeks. Pltf to respond to deft Lyon's motion for summary judgment [79-1] by 5/9/97. Written order to be entered. (SLJ, ilcd)
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| 97 |
Filed: 3/6/1997, Entered: 3/7/1997 |
Discovery - Miscellaneous |
|
REPORT OF PARTIES 2/20/97 PLANNING MEETING filed by plaintiffs and, defendant Bradley Place Ltd, defendant Community Dev Prt, defendant Donald J Gianone, defendant William Worn & Assoc, defendant Richard T Gammonley, third-party defendant Michael Buss Arch, third-party defendant Michael Buss (SLJ, ilcd)
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| 96 |
Filed: 2/24/1997, Entered: 3/20/1997 |
Counterclaim |
|
COUNTERCLAIM by third-party defendant Michael Buss Arch, third-party defendant Michael Buss against third-party plaintiff Bradley Place Ltd, third-party plaintiff Community Dev Prt, third-party plaintiff Donald J Gianone, third-party plaintiff Stephen E Barron (SLJ, ilcd)
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| 96 |
Filed: 2/24/1997, Entered: 2/26/1997 |
Affirmative Defenses |
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AFFIRMATIVE DEFENSES filed by third-party defendant Michael Buss Arch, third-party defendant Michael Buss (SLJ, ilcd)
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| 96 |
Filed: 2/24/1997, Entered: 2/26/1997 |
Answer to Third-Party Complaint |
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ANSWER to THIRD PARTY COMPLAINT by third-party defendant Michael Buss Arch, third-party defendant Michael Buss; jury demand (SLJ, ilcd)
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| 95 |
Filed: 1/24/1997, Entered: 1/24/1997 |
Order |
|
ORDER re Rule 16 and FRCvP 26 by Mag. Judge David G. Bernthal. Matter set for a Rule 16 conference at 1:30 3/10/97 by personal appearance in Urbana. See written order. (cc: all counsel) (SLJ, ilcd)
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| 94 |
Filed: 1/24/1997, Entered: 1/24/1997 |
Summons Issued |
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SUMMONS issued as to 3rd party deft's and returned to deft's attorney (SLJ, ilcd)
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| 93 |
Filed: 1/24/1997, Entered: 1/24/1997 |
Third-Party Complaint |
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THIRD-PARTY COMPLAINT: by defendant Bradley Place Ltd, defendant Community Dev Prt, defendant Donald J Gianone, defendant Stephen E Barron against third party defendant's Michael Buss Architects and Michael Buss (SLJ, ilcd)
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| 92 |
Filed: 1/24/1997, Entered: 1/24/1997 |
Order |
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ORDER by Judge Harold A. Baker granting motion to dismiss Counts 3 & 4 [77-1], granting motion for judgment on the pleadings [77-2], granting motion to dismiss Counts 3,4 & 5 [72-1], granting motion for judgment on the pleadings [72-2], granting motion to dismiss Counts 3, 4 & 5 [68-1], granting motion for judgment on the pleadings [68-2] (cc: all counsel) (SLJ, ilcd)
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| -- |
Filed: 1/24/1997, Entered: 1/24/1997 |
Minutes-Miscellaneous |
|
MINUTE-ENTRY: by Judge Harold A. Baker granting motion to to file instanter a third party complaint against fromer defendant Michael Buss Architects and Michael Buss as Third Party Defendants [75-1] granting motion for continuance of deft Lyon's motion for summary judgment [88-1], granting motion to extend time to file their response to deft's motion [88-2]. The deadline for plaintiff's response to defendants'motion for summary judgment to be decided at the Rule 16 scheduling conference [79-1]. (cc: all counsel) (SLJ, ilcd)
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| 91 |
Filed: 12/30/1996, Entered: 1/2/1997 |
Miscellaneous Document |
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CERTIFICATE of service re doc's #89 and #90 by defendant David G Lyon (SLJ, ilcd)
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| 90 |
Filed: 12/30/1996, Entered: 1/2/1997 |
Affidavit |
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AFFIDAVIT of David G. Lyon regarding deft Lyon's response to pltfs' rule 56(f) motion [89-1] (SLJ, ilcd)
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| 89 |
Filed: 12/30/1996, Entered: 1/2/1997 |
Response to Motion |
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RESPONSE by defendant David G Lyon to motion for continuance of deft Lyon's motion for summary judgment [88-1] (SLJ, ilcd)
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| 88 |
Filed: 12/10/1996, Entered: 12/10/1996, Terminated: 1/24/1997 |
Motion to Continue |
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MOTION by plaintiffs for continuance of deft Lyon's motion for summary judgment , and to extend time to file their response to deft's motion (SLJ, ilcd)
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| 87 |
Filed: 12/10/1996, Entered: 12/10/1996 |
Transcript |
|
Official Court Reporters TRANSCRIPT of 8/1/96 3:30 conference call filed (HK, ilcd)
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| 86 |
Filed: 12/9/1996, Entered: 12/10/1996 |
Affidavit |
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AFFIDAVIT of David G. Lyon regarding statement of Undisputed Facts [81-1] (SLJ, ilcd)
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| 85 |
Filed: 12/9/1996, Entered: 12/10/1996 |
Response to Motion |
|
RESPONSE by plaintiffs to motion to dismiss [77-1]or for judgment on the pleadings [77-2] (SLJ, ilcd)
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| 84 |
Filed: 11/27/1996, Entered: 11/27/1996 |
Memorandum in Opposition to Motion/Petition |
|
MEMORANDUM IN OPPOSITION to the Bradley Defts' motion to amend their answer to add counterclaims and an affirmative defense by plaintiffs (SLJ, ilcd)
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| 83 |
Filed: 11/26/1996, Entered: 11/26/1996 |
Miscellaneous Document |
|
CERTIFICATE of service re doc's #79-82 by defendant David G Lyon (SLJ, ilcd)
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| 82 |
Filed: 11/26/1996, Entered: 11/26/1996 |
Document Sealed |
|
EXHIBIT A to Affidavit of Patrick McCann in reference to stmt of undisputed facts (doc # 81) by defendant David G Lyon sealed and placed in vault (SLJ, ilcd)
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| 81 |
Filed: 11/26/1996, Entered: 11/26/1996 |
Statement of Facts |
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STATEMENT OF FACTS ( undisputed) by defendant David G Lyon in support of motion for summary judgment [79-1] (SLJ, ilcd)
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| 80 |
Filed: 11/26/1996, Entered: 11/26/1996 |
Memorandum in Support of Motion |
|
MEMORANDUM IN SUPPORT of motion for summary judgment [79-1] by defendant David G Lyon (SLJ, ilcd)
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| 79 |
Filed: 11/26/1996, Entered: 11/26/1996, Terminated: 10/17/1997 |
Motion for Summary Judgment |
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MOTION by defendant David G Lyon for summary judgment (SLJ, ilcd)
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| -- |
Filed: 11/22/1996, Entered: 11/22/1996 |
Order |
|
ENDORSED ORDER on its face by Mag. Judge David G. Bernthal denying motion for leave to file a reply [78-1] (cc: all counsel). (SLJ, ilcd)
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| 78 |
Filed: 11/21/1996, Entered: 11/21/1996, Terminated: 11/22/1996 |
Motion for Leave to File |
|
MOTION by defendant Bradley Place Ltd, defendant Community Dev Prt, defendant Donald J Gianone, defendant Stephen E Barron for leave to file a reply (SLJ, ilcd)
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| 77 |
Filed: 11/21/1996, Entered: 11/21/1996, Terminated: 1/24/1997 |
Motion to Dismiss |
|
MOTION by defendant William Worn & Assoc to dismiss , or alternatively for judgment on the pleadings (SLJ, ilcd)
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| 76 |
Filed: 11/18/1996, Entered: 11/19/1996 |
Response to Motion |
|
RESPONSE by plaintiffs to the Bradley Place defts' motion to dismiss Counts III, IV & V of pltf's amended complaint [72-1] and Gammonley defts' motion to dismiss Counts III< IV & V of pltf's amended complaint [68-1] (SLJ, ilcd)
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| -- |
Filed: 11/14/1996, Entered: 11/14/1996 |
Minutes-Miscellaneous |
|
MINUTE-ENTRY: by Mag. Judge David G. Bernthal ; Status hearing held 9:00 11/14/96 ; apr of pltf thru Keith Parr, apr of deft Bradley Place Ltd thru Mark Liss, apr of deft David Lyon thru James Vogler, apr of deft William Worn & Associates thru Anurag Gulati, apr of deft Richard T. Gammonley thru Martin Kanofsky; pltf's oral motion for ext of time to respond to deft's motion to dism; no obj's; allowed; response to motion to dismiss [68-1] is extended to 11/18/96. (SLJ, ilcd)
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| 75 |
Filed: 11/13/1996, Entered: 11/14/1996 |
Motion to Amend/Correct |
|
MOTION by defendant Bradley Place Ltd, defendant Community Dev Prt, defendant Donald J Gianone, defendant Stephen E Barron to amend the pleadings in order to join Michael Buss Architects and Michael Buss as Third Party Defendants (SLJ, ilcd)
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| 74 |
Filed: 11/13/1996, Entered: 11/14/1996 |
Motion for Leave to File |
|
MOTION by defendant Bradley Place Ltd, defendant Community Dev Prt, defendant Donald J Gianone, defendant Stephen E Barron for leave to amend answer to counterclaims and affirmative defenses (SLJ, ilcd)
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| 73 |
Filed: 11/12/1996, Entered: 11/12/1996 |
Discovery - Miscellaneous |
|
PROPOSED DISCOVERY PLAN filed by defendant Richard T Gammonley (filed as Suggestions for Discovery) (SLJ, ilcd)
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| 72 |
Filed: 11/8/1996, Entered: 11/8/1996, Terminated: 1/24/1997 |
Motion to Dismiss |
|
MOTION by defendant Richard T Gammonley to dismiss , or alternatively for judgment on the pleadings (SLJ, ilcd)
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| 71 |
Filed: 10/31/1996, Entered: 10/31/1996 |
Order |
|
ORDER by Mag. Judge David G. Bernthal granting motion to compel deft William Worn & Associates [63-1]; See written order. (cc: all counsel) (SLJ, ilcd)
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| 70 |
Filed: 10/30/1996, Entered: 10/30/1996 |
Answer |
|
ANSWER by defendant Richard T Gammonley to amended complaint for injunctive relief and other damages (SLJ, ilcd)
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| 69 |
Filed: 10/29/1996, Entered: 10/29/1996 |
Memorandum in Support of Motion |
|
MEMORANDUM IN SUPPORT of motion to dismiss [68-1], of motion for judgment on the pleadings [68-2] by defendant Bradley Place Ltd, defendant Community Dev Prt, defendant Donald J Gianone, defendant Stephen E Barron (SLJ, ilcd)
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| 68 |
Filed: 10/29/1996, Entered: 10/29/1996, Terminated: 1/24/1997 |
Motion to Dismiss |
|
MOTION by defendant Bradley Place Ltd, defendant Community Dev Prt, defendant Donald J Gianone, defendant Stephen E Barron to dismiss pursuant to Rule 12(b)(6), or alternatively for judgment on the pleadings pursuant to Rule 12(c) (SLJ, ilcd)
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| 67 |
Filed: 10/21/1996, Entered: 10/22/1996 |
Jury Demand |
|
Demand for jury trial by defendant Richard T Gammonley (SLJ, ilcd)
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| 67 |
Filed: 10/21/1996, Entered: 10/22/1996 |
Notice of Appearance |
|
ATTORNEY APPEARANCE of Martin A. Kanofsky for defendant Richard T Gammonley (SLJ, ilcd)
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| 66 |
Filed: 10/17/1996, Entered: 10/18/1996 |
Discovery - Miscellaneous |
|
PROPOSED DISCOVERY PLAN filed by plaintiff Balsamo/Olson Group, plaintiff Stough Group Inc, plaintiff Prairie View LPI, defendant Bradley Place Ltd, defendant Community Dev Prt, defendant Donald J Gianone, defendant William Worn & Assoc (SLJ, ilcd)
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| -- |
Filed: 10/8/1996, Entered: 10/8/1996 |
Minutes-Miscellaneous |
|
MINUTE-ENTRY: by Mag. Judge David G. Bernthal ;Status hearing set at 9:00 11/14/96 by telephone conference call. (cc: all counsel) (SLJ, ilcd)
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| 65 |
Filed: 10/4/1996, Entered: 10/4/1996 |
Appendix |
|
APPENDIX filed by plaintiffs re memorandum [64-1] (SLJ, ilcd)
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| 64 |
Filed: 10/4/1996, Entered: 10/4/1996 |
Memorandum in Support of Motion |
|
MEMORANDUM IN SUPPORT of motion to compel deft William Worn & Associates [63-1] by plaintiffs (SLJ, ilcd)
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| 63 |
Filed: 10/4/1996, Entered: 10/4/1996, Terminated: 10/31/1996 |
Motion to Compel |
|
MOTION by plaintiffs to compel deft William Worn & Associates (SLJ, ilcd)
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| -- |
Filed: 9/24/1996, Entered: 9/24/1996 |
Order |
|
ENDORSED ORDER on its face by Mag. Judge David G. Bernthal granting motion to withdraw attorney Daniel G O'Day as atty for pltfs [62-1] attorney Daniel G O'Day for Prairie View LPI is withdrawn, attorney Daniel G O'Day for Stough Group Inc is withdrawn, attorney Daniel G O'Day for Balsamo/Olson Group is withdrawn (cc: all counsel). (SLJ, ilcd)
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| 62 |
Filed: 9/17/1996, Entered: 9/19/1996 |
Motion to Withdraw as Attorney |
|
MOTION by plaintiffs' counsel to withdraw attorney Daniel G O'Day as atty for pltfs (SLJ, ilcd)
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| 61 |
Filed: 9/17/1996, Entered: 9/17/1996 |
Affirmative Defenses |
|
AFFIRMATIVE DEFENSES filed by defendant William Worn & Assoc (SLJ, ilcd)
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| 61 |
Filed: 9/17/1996, Entered: 9/17/1996 |
Answer |
|
ANSWER by defendant William Worn & Assoc (SLJ, ilcd)
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| 60 |
Filed: 9/13/1996, Entered: 9/16/1996 |
Service - Miscellaneous |
|
RETURN OF SERVICE executed upon defendant Richard T Gammonley on 9/7/96 (SLJ, ilcd)
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| 59 |
Filed: 9/9/1996, Entered: 9/9/1996 |
Affirmative Defenses |
|
AFFIRMATIVE DEFENSES filed by defendant Bradley Place Ltd, defendant Community Dev Prt, defendant Donald J Gianone, defendant Stephen E Barron (MT, ilcd)
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| 59 |
Filed: 9/9/1996, Entered: 9/9/1996 |
Answer |
|
ANSWER TO AMENDED COMPLAINT by defendant Bradley Place Ltd, defendant Community Dev Prt, defendant Donald J Gianone, defendant Stephen E Barron (MT, ilcd)
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| 58 |
Filed: 9/6/1996, Entered: 9/9/1996 |
Answer |
|
ANSWER TO AMENDED COMPLAINT by defendant David G Lyon (MT, ilcd)
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| 57 |
Filed: 8/29/1996, Entered: 8/29/1996 |
Notice of Appearance |
|
ATTORNEY APPEARANCE of Daniel Wurl for plaintiff Balsamo/Olson Group, plaintiff Stough Group Inc, plaintiff Prairie View LPI (SLJ, ilcd)
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| 56 |
Filed: 8/27/1996, Entered: 8/27/1996 |
Summons Issued |
|
SUMMONS issued as to defendant Richard T. Gammonley Enterprises, Ltd. and returned to plaintiff's attorney (MT, ilcd)
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| 55 |
Filed: 8/26/1996, Entered: 8/26/1996 |
Affidavit |
|
AFFIDAVIT of Stephen E. Baron regarding amended complaint [54-1] (MT, ilcd)
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| 54 |
Filed: 8/26/1996, Entered: 8/26/1996 |
Amended Complaint |
|
AMENDED VERIFIED COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES by plaintiff Balsamo/Olson Group, plaintiff Stough Group Inc, plaintiff Prairie View LPI [1-1] (MT, ilcd)
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| -- |
Filed: 8/26/1996, Entered: 8/26/1996 |
Minutes-Miscellaneous |
|
MINUTE-ENTRY: by Mag. Judge David G. Bernthal granting motion for leave to amend plaintiffs' verified complaint for injunctive relief and damages [45-1] (cc: all counsel) (MT, ilcd)
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| -- |
Filed: 8/26/1996, Entered: 8/26/1996 |
Minutes-Miscellaneous |
|
MINUTE-ENTRY: by Mag. Judge David G. Bernthal finding the documents entitled "Bradley Place Limited Partnership, et al's motion to extend the period for responding to plaintiffs' motion for preliminary injunction" [11-1] moot and striking motion to extend time to respond to motion for preliminary injunction [9-1]. Document #9 is a facsimile copy of document #11. Document #9 is stricken as being a facsimile duplicate motion; document #11 has been made moot by the entry of an order by Judge McDade granting in part and denying in part the motion for preliminary injunction (#31). (cc: all counsel) (MT, ilcd)
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| -- |
Filed: 8/20/1996, Entered: 8/20/1996 |
Remark |
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Remark Received complete file from Peoria Division re preliminary injunction (MT, ilcd)
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| 53 |
Filed: 8/9/1996, Entered: 8/12/1996 |
Bond |
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BOND on Preliminary Injunction in amount of $ $50,000 filed by plaintiffs (SH, ilcd)
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| -- |
Filed: 8/9/1996, Entered: 8/12/1996 |
Order |
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ENDORSED ORDER by Judge Joe B. McDade - Injunction Bond and Surety are hereby approved and the Preliminary Injunction Order dated 6/25/96 is hereby made effective this 9th day of August, 1996. (cc: all counsel). (SH, ilcd)
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| 52 |
Filed: 8/6/1996, Entered: 8/6/1996 |
Certificate of Interest |
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CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 filed by defendant William Worn & Assoc (MT, ilcd)
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| -- |
Filed: 8/1/1996, Entered: 8/1/1996 |
Minutes-Miscellaneous |
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MINUTE-ENTRY: by Judge Joe B. McDade Parties present via phone by Attys Parr/Liss for hearing on emergency motion (#50). Argument by counsel. Court construes emergency motion as a motion for clarification of its Order of 6/25/96. Same is allowed but court is denying motion for protective order [50-2], and is denying motion for sanctions [50-3]. Court orders that it considers as ordinary course of business all requests to IHDA for payment to contractors, sub-contractors, material men and anyone furnishing work on this project which are paid direct by IHDA. (cc: all counsel) (SH, ilcd)
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| 51 |
Filed: 7/31/1996, Entered: 7/31/1996 |
Memorandum in Support of Motion |
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MEMORANDUM IN SUPPORT of motion for order [50-1], of motion for protective order [50-2], of motion for sanctions [50-3] by defendant Bradley Place Ltd, defendant Community Dev Prt, defendant Donald J Gianone, defendant Stephen E Barron (MT, ilcd)
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| 50 |
Filed: 7/31/1996, Entered: 7/31/1996, Terminated: 8/1/1996 |
Motion for Order |
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MOTION by defendant Bradley Place Ltd, defendant Community Dev Prt, defendant Donald J Gianone, defendant Stephen E Barron for order , and for protective order , and for sanctions (MT, ilcd)
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| 49 |
Filed: 7/30/1996, Entered: 7/31/1996 |
Order |
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ORDER by Judge Joe B. McDadei. Pursuant to Rule 65(c) of the Federal Rules of Civil Procedure that Pltfs post a security bond in the sum of $50,000.00 with the Clerk of the Court within 14 days (misc ddl of 8/13/96 created) of the date of this order (cc: all counsel/finance) (HK, ilcd)
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| -- |
Filed: 7/30/1996, Entered: 7/30/1996 |
Minutes-Miscellaneous |
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MINUTE-ENTRY: by Mag. Judge David G. Bernthal motion hearing held 7/30/96 by telephone; apr of pla by Keith Parr; apr of dfts Bradley Place, Community Development, Donald Gianone, and Stephen Barron by Mark Liss; apr of dft Lyon by James Vogler, Jeanne Marie Gills; apr of William Worn & Assoc by Anurag Gulati. Arguments heard by parties. Motion to take deposition of Michael Buss [47-1] granted. (MT, ilcd)
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| 48 |
Filed: 7/29/1996, Entered: 7/29/1996 |
Order |
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ORDER by Judge Harold A. Baker. The order entered 7/15/96 granting summary judgment to dft William Worn & Assoc (Doc #46) is VACATED; further ordered the motion to withdraw motion for summary judgment [32-1] is granted. (cc: all counsel) (MT, ilcd)
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| 47 |
Filed: 7/29/1996, Entered: 7/29/1996, Terminated: 7/30/1996 |
Motion for Order |
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MOTION by defendant William Worn & Assoc for leave to take deposition of Michael Buss (MT, ilcd)
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| -- |
Filed: 7/26/1996, Entered: 7/26/1996 |
Minutes-Miscellaneous |
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MINUTE-ENTRY: by Mag. Judge David G. Bernthal Status hearing set re motion for leave to take depo at 11:00 7/30/96 by telephone conference call (atty to notify all parties) (SLJ, ilcd)
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| 46 |
Filed: 7/15/1996, Entered: 7/15/1996 |
Order |
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ORDER by Judge Harold A. Baker granting motion for summary judgment [22-1] as to dft William Worn & Associates and terminating party William Worn & Assoc . The Clerk is directed to enter jgm on behalf of this dft and against the pla's. (cc: all counsel) (MT, ilcd)
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| 45 |
Filed: 7/12/1996, Entered: 7/15/1996 |
Motion to Amend/Correct |
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MOTION by plaintiffs for leave to amend plaintiffs' verified complaint for injunctive relief and damages (HK, ilcd)
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| 44 |
Filed: 7/12/1996, Entered: 7/12/1996 |
Certificate of Interest |
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CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 filed by defendant Stephen E Barron (MT, ilcd)
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| 43 |
Filed: 7/12/1996, Entered: 7/12/1996 |
Certificate of Interest |
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CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 filed by defendant Donald J Gianone (MT, ilcd)
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| 42 |
Filed: 7/12/1996, Entered: 7/12/1996 |
Certificate of Interest |
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CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 filed by defendant Community Dev Prt (MT, ilcd)
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| 41 |
Filed: 7/12/1996, Entered: 7/12/1996 |
Certificate of Interest |
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CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 filed by defendant Bradley Place Ltd (MT, ilcd)
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| 40 |
Filed: 7/11/1996, Entered: 7/11/1996 |
Miscellaneous Document |
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SUPPLEMENTAL MEMORANDUM (filed as Bradley Defendants' Reply brief on Amount of Security bond) by defendant Bradley Place Ltd, defendant Community Dev Prt, defendant Donald J Gianone, defendant Stephen E Barron to brief [38-1] (MT, ilcd) Modified on 07/11/1996
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| 39 |
Filed: 7/8/1996, Entered: 7/8/1996 |
Memorandum in Support of Motion |
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PLAINTIFFS' MEMORANDUM ADDRESSING THE AMOUNT OF SECURITY regarding order [31-1] (HK, ilcd)
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| 38 |
Filed: 7/8/1996, Entered: 7/8/1996 |
Miscellaneous Document |
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BRADLEY DEFENDANTS' BRIEF ON AMOUNT OF SECURITY BOND FILED by defendant Bradley Place Ltd, defendant Community Dev Prt, defendant Donald J Gianone, defendant Stephen E Barron (MT, ilcd)
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| 37 |
Filed: 7/2/1996, Entered: 7/3/1996 |
Transcript |
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TRANSCRIPT of Prceedings held 7/21/96 filed (SH, ilcd)
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| Save 25% on a pre-paid one year subscription. |
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| 36 |
Filed: 7/2/1996, Entered: 7/3/1996 |
Transcript |
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TRANSCRIPT of Proceedings held 6/20/96 filed (SH, ilcd)
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| 35 |
Filed: 7/2/1996, Entered: 7/3/1996 |
Transcript |
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TRANSCRIPT of Proceedings held 6/19/96 filed (SH, ilcd)
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| 33 |
Filed: 6/27/1996, Entered: 6/27/1996 |
Certificate of Interest |
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CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 filed by defendant David G Lyon (SLJ, ilcd)
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| -- |
Filed: 6/27/1996, Entered: 6/28/1996 |
Remark |
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Remark-Atty Gorman advised court there is no obj by all parties to deft's motion for summary judgment (doc #22) (SLJ, ilcd)
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| 32 |
Filed: 6/25/1996, Entered: 6/26/1996, Terminated: 7/29/1996 |
Motion for Order |
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MOTION by defendant William Worn & Assoc for order to withdraw motion for summary judgment (HK, ilcd)
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| 31 |
Filed: 6/25/1996, Entered: 6/25/1996 |
Order |
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ORDER by Judge Joe B. McDade granting in part and denying in part the motion for preliminary injunction. FURTHER ordered that Defendants are to be enjoined from distributing any profits inuring to Dfts and dirests that any such profits will be deposited with the Clerk of the Court to be deposited in an interest bearing account pending a decision on the merits. This provision shall become effective upon posting of an adequate security as required by 65(c) of the Federal Rules of Civil Procedure. In that connection, the parties are to submit to the Court on or before 7/5/96 their recommendation of bond amount and supporting memorandum of law. Further ordered that Plaintiffs are required to post a bond as required by Rule 65(c) as will be determined by the Court after receipt of the parties' pleadings as to this issue. (cc: all counsel) (SH, ilcd)
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| 34 |
Filed: 6/21/1996, Entered: 7/2/1996 |
Reply to Response to Motion |
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REPLY Memorandum by plaintiff in support of Plaintiffs' Motioin for Preliminary Injunction to Enjoin Defendants Copyright Infringement (Hard copy of #25 fax document) (SH, ilcd)
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| -- |
Filed: 6/21/1996, Entered: 6/25/1996 |
Minutes-Miscellaneous |
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MINUTE-ENTRY: by Judge Joe B. McDade Parties present in open court by Attys Parr/Gaertner/O'Day/Liss/Gill & Gulati for final arguments re: preliminary injunction. Court is granting in part and denying in part the motion for preliminary injunction [4-1]. Written order to enter. Parties to submit recommendation regarding bond with supporting memorandum of law on or before 7/5/96 ; misc ddl for recommendation re: bond 7/5/96 ; Case referred to Mag. Judge David G. Bernthal for further proceedings with the exception of the bond on the preliminary injunction. (cc: all counsel) (SH, ilcd)
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| 30 |
Filed: 6/20/1996, Entered: 6/21/1996 |
Exhibit |
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EXHIBIT LIST by plaintiff, defendant from Preliminary Injunction hearing (SH, ilcd)
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| 29 |
Filed: 6/20/1996, Entered: 6/20/1996 |
Order |
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ORDER by Judge Joe B. McDade granting motion to dismiss [28-1] terminating party Michael Buss, party Michael Buss & Assoc (cc: all counsel) (SH, ilcd)
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| 28 |
Filed: 6/20/1996, Entered: 6/20/1996, Terminated: 6/20/1996 |
Motion to Dismiss |
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MOTION by plaintiffs and defendants Michael Buss & Assoc and Michael Buss to dismiss (SH, ilcd)
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| 27 |
Filed: 6/20/1996, Entered: 6/20/1996 |
Miscellaneous Document |
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BRIEF FILED by plaintiff regarding motion for preliminary injunction [4-1] (filed as Trial Brief Addressing Issue of Public Interest) (SH, ilcd)
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| 26 |
Filed: 6/20/1996, Entered: 6/20/1996 |
Miscellaneous Document |
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SUPPLEMENTAL MEMORANDUM by plaintiff to motion for preliminary injunction [4-1] (filed as Supplemental Memorandum in Suppot of Plaintiffs' Motion for Preliminary Injunction to Enjoin Defendants Copyright Infringement) (SH, ilcd)
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| -- |
Filed: 6/20/1996, Entered: 6/21/1996 |
Minutes-Miscellaneous |
|
MINUTE-ENTRY: by Judge Joe B. McDade Parties present in open court by Attys Parr/Gaertner/O'Day/Liss/Vogler/ Gills/Gulati for continued hearing re motion for preliminary injunction [4-1]. Settlement Conference held. Case continued to 3:30 PM today. 3:30 PM - parties again present by counsel. Plaintiffs wish to file supplemental response to motion and brief re: Public Interest. Both filed. Defendants may reply by noon on 6/21/96. Stipulation for Dismissal of Michael Buss and Michael Buss and Associates. Same allowed and Michael Buss and Michael Buss and Associates are dismissed with prejudice. Continued evidence by plaintiff. Pla rests. Evidence presented by Dfts. Dfts rest. Case continued to 6/21/96 at 3:30 PM for closing arguments. (cc: all counsel) (SH, ilcd)
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| -- |
Filed: 6/19/1996, Entered: 6/20/1996 |
Minutes-Miscellaneous |
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MINUTE-ENTRY: by Judge Joe B. McDade Parties present in open court by Attys Parr/Gaertner/O'Day/Liss w/Dft Barron/ Vogler/Gills/Thomas/Harris/Gulati for hearing re motion for preliminary injunction [4-1] on 6/19/96. Consent decree entered in open court as to Dft Michael Buss and Michael Buss and Associates. Court advised of oral stipulations. Evidence presented on behalf of plaintiff. Hearing re motion for preliminary injunction [4-1] continued to 10:30AM, Thurs., 6/20/96 (in person in Peoria). (cc: all counsel) (SH, ilcd)
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| 25 |
Filed: 6/18/1996, Entered: 6/18/1996 |
Reply to Response to Motion |
|
(FAX) REPLY MEMORANDUM in support of Plaintiffs' Motion for Preliminary Injunction to Enjoin Defendants Copyright Infringement [4-1] by plaintiffs (HK, ilcd) Modified on 06/18/1996
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| 24 |
Filed: 6/18/1996, Entered: 6/18/1996 |
Certificate of Interest |
|
CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 filed by plaintiff Balsamo/Olson Group, plaintiff Stough Group Inc, plaintiff Prairie View LPI (MT, ilcd)
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| 23 |
Filed: 6/18/1996, Entered: 6/18/1996 |
Notice of Appearance |
|
ATTORNEY APPEARANCE by Daniel O'Day for plaintiff Balsamo/Olson Group, plaintiff Stough Group Inc, plaintiff Prairie View LPI (MT, ilcd)
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| 21 |
Filed: 6/17/1996, Entered: 6/17/1996 |
Notice of Appearance |
|
ATTORNEY APPEARANCE by Katherine S. Gorman for defendant William Worn & Assoc (HK, ilcd)
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| 22 |
Filed: 6/14/1996, Entered: 6/18/1996, Terminated: 7/15/1996 |
Motion for Summary Judgment |
|
MOTION by defendant William Worn & Assoc for summary judgment (HK, ilcd)
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| 20 |
Filed: 6/14/1996, Entered: 6/14/1996 |
~Notice (other) |
|
NOTICE OF FILING ANSWER on 6/12/96 by defendant William Worn & Assoc (HK, ilcd)
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| 19 |
Filed: 6/14/1996, Entered: 6/14/1996 |
Memorandum in Opposition to Motion/Petition |
|
MEMORANDUM IN OPPOSITION motion for preliminary injunction [4-1] by defendant Bradley Place Ltd, defendant Community Dev Prt, defendant Donald J Gianone, defendant Stephen E Barron (MT, ilcd)
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| 18 |
Filed: 6/12/1996, Entered: 6/13/1996 |
Affirmative Defenses |
|
AFFIRMATIVE DEFENSES filed by defendant William Worn & Assoc (HK, ilcd)
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| 18 |
Filed: 6/12/1996, Entered: 6/13/1996 |
Answer |
|
ANSWER by defendant William Worn & Assoc (HK, ilcd)
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| 17 |
Filed: 6/11/1996, Entered: 6/12/1996 |
Affirmative Defenses |
|
AFFIRMATIVE DEFENSE filed by defendant David G Lyon (MT, ilcd)
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| 17 |
Filed: 6/11/1996, Entered: 6/12/1996 |
Answer |
|
ANSWER by defendant David G Lyon (MT, ilcd)
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| 16 |
Filed: 6/11/1996, Entered: 6/12/1996 |
Affirmative Defenses |
|
AFFIRMATIVE DEFENSES filed by defendant Bradley Place Ltd, defendant Community Dev Prt, defendant Donald J Gianone, defendant Stephen E Barron (MT, ilcd)
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| 16 |
Filed: 6/11/1996, Entered: 6/12/1996 |
Answer |
|
ANSWER by defendant Bradley Place Ltd, defendant Community Dev Prt, defendant Donald J Gianone, defendant Stephen E Barron (MT, ilcd)
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| 15 |
Filed: 6/5/1996, Entered: 6/5/1996 |
Miscellaneous Document |
|
CERTIFICATION OF COUNSEL by defendant Michael Buss re: Interrogatories and Request to Produce (VB, ilcd)
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| 14 |
Filed: 6/5/1996, Entered: 6/5/1996 |
Miscellaneous Document |
|
CERTIFICATION OF COUNSEL by defendant Michael Buss re: interrogatories and Request to Produce (VB, ilcd)
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| 13 |
Filed: 6/5/1996, Entered: 6/5/1996 |
Notice of Appearance |
|
ATTORNEY APPEARANCE by James Vogler and Jeanne Marie Gills for defendant David G Lyon (MT, ilcd)
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| 12 |
Filed: 6/3/1996, Entered: 6/3/1996 |
Response to Motion |
|
RESPONSE by plaintiff Balsamo/Olson Group, plaintiff Stough Group Inc, plaintiff Prairie View LPI to motion to extend time to respond to pla's mo for preliminary injunction [11-1], motion to extend time to respond to motion for preliminary injunction [9-1] (MT, ilcd)
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| 11 |
Filed: 5/31/1996, Entered: 5/31/1996, Terminated: 8/26/1996 |
Motion for Extension of Time |
|
MOTION by defendant Bradley Place Ltd to extend time to respond to pla's mo for preliminary injunction (MT, ilcd)
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| 10 |
Filed: 5/31/1996, Entered: 5/31/1996 |
Memorandum in Opposition to Motion/Petition |
|
MEMORANDUM IN OPPOSITION motion to extend time to respond to motion for preliminary injunction [9-1] by plaintiff (SH, ilcd)
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| -- |
Filed: 5/31/1996, Entered: 5/31/1996 |
Minutes-Miscellaneous |
|
MINUTE-ENTRY: by Judge Joe B. McDade Parties present via phone by Attys Parr/Gaertner/Liss/Joy/Wolfe/Harris (Atty Volger not available) for Status hearing held 10:00 Fri., 5/31/96 . Discussion re: discovery. Pla to furnish written discovery of copyrighted works to Dfts by 6/3/96. Each side has right to engage in limited written discovery (7 interrogatories & 7 document requests) to be served by 6/4/96 and responded to within 7 days. Each side to make available not more than two individuals for dispositions during the week of 6/3/96. Court is setting motion for preliminary injunction [4-1] at 1:30 Wed., 6/19/96 (in person in Peoria). Any memos of law due by 6/14/96; any replies by 6/18/96. (cc: all counsel) (SH, ilcd)
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| 9 |
Filed: 5/30/1996, Entered: 5/31/1996 |
Motion for Extension of Time |
|
MOTION by defendant Bradley Place Ltd, Community Dev Prt, Donald J Gianone, Stephen E Barron to extend time to respond to motion for preliminary injunction (SH, ilcd)
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| 8 |
Filed: 5/29/1996, Entered: 5/29/1996, Terminated: 5/29/1996 |
Motion to Continue |
|
UNOPPOSED MOTION by defendant Bradley Place Ltd, defendant Community Dev Prt, defendant Donald J Gianone, defendant Stephen E Barron to continue/change scheduling conference date (HK, ilcd)
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| -- |
Filed: 5/29/1996, Entered: 5/29/1996 |
Minutes-Miscellaneous |
|
MINUTE-ENTRY:by Judge Joe B. McDade granting motion to continue/change scheduling conference date [8-1] ; Telephone Status hearing set Thursday 5/30/96 at 10:00 (Court notified parties-did not get set in computer system) is CANCELLED & is reset to 10:00am on Friday, 5/31/96; via phone, Court to set up the call (cc: all counsel) (HK, ilcd)
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| 7 |
Filed: 5/24/1996, Entered: 5/24/1996 |
Service - Miscellaneous |
|
RETURN OF SERVICE executed upon defendant Bradley Place Ltd, defendant Community Dev Prt, defendant David G Lyon, defendant William Worn & Assoc on 5/22/96 (MT, ilcd)
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| 6 |
Filed: 5/24/1996, Entered: 5/24/1996 |
Service - Miscellaneous |
|
RETURN OF SERVICE executed upon defendant Donald J Gianone, defendant Stephen E Barron, defendant Michael Buss & Assoc, defendant Michael Buss on 5/21/96 (MT, ilcd)
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| -- |
Filed: 5/22/1996, Entered: 5/22/1996 |
Report re Patent/Trademark/Copyright Action |
|
REPORT on the filing or determination of an action regarding copyright (cc: form mailed to register) (MT, ilcd)
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| 5 |
Filed: 5/21/1996, Entered: 5/22/1996 |
Memorandum in Support of Motion |
|
MEMORANDUM IN SUPPORT of motion for preliminary injunction [4-1] by plaintiff Balsamo/Olson Group, plaintiff Stough Group Inc, plaintiff Prairie View LPI (MT, ilcd)
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| 4 |
Filed: 5/21/1996, Entered: 5/22/1996 |
Motion for Preliminary Injunction |
|
MOTION by plaintiff Balsamo/Olson Group, plaintiff Stough Group Inc, plaintiff Prairie View LPI for preliminary injunction (MT, ilcd)
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| 3 |
Filed: 5/21/1996, Entered: 5/22/1996 |
Certificate of Interest |
|
CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 filed by plaintiff Balsamo/Olson Group, plaintiff Stough Group Inc, plaintiff Prairie View LPI (MT, ilcd)
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| 2 |
Filed: 5/21/1996, Entered: 5/22/1996 |
Notice of Appearance |
|
ATTORNEY APPEARANCE by Keith D. Parr for plaintiff Balsamo/Olson Group, plaintiff Stough Group Inc, plaintiff Prairie View LPI (MT, ilcd)
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| 1 |
Filed: 5/21/1996, Entered: 5/22/1996 |
Complaint |
|
COMPLAINT (summons(es) issued); case referred to Mag. Judge David G. Bernthal (MT, ilcd)
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| -- |
Filed: 5/21/1996, Entered: 5/29/1996 |
Remark |
|
Remark: Mailed file to Chief Judge Mihm re: preliminary injunction (MT, ilcd)
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| -- |
Filed: 5/21/1996, Entered: 5/22/1996 |
Filing Fee Received |
|
FILING FEE PAID on 5/21/96 in the amount of $ 120.00 receipt # 031623. (MT, ilcd)
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