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 104 |
Filed: 4/7/2004, Entered: 4/7/2004 |
Receipt |
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RECEIPT by Aty Lyke for defendant's exhibits #8 and #9 (VB, ilcd)
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| 103 |
Filed: 4/7/2004, Entered: 4/7/2004 |
Receipt |
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RECEIPT by Atty Lyke receiving the plaintiff's exhibits #1, #2, #3, #4, #5, #6, #7, and #8 at the plaintiff's attorney's request (VB, ilcd)
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| 102 |
Filed: 3/24/2004, Entered: 3/24/2004 |
Letter |
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LETTER to counsel of record re: returning or destroying exhibits (VB, ilcd)
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| 101 |
Filed: 1/6/2004, Entered: 1/6/2004 |
Order |
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ORDER by Mag. Judge David G. Bernthal vacating [81-1] order, vacating [72-1] judgment. Case reopened . Case dismissed as of its inception for want of subject-matter jurisdiction with parties to bear their own costs. (cc: all counsel) (SD, ilcd)
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| 100 |
Filed: 12/24/2003, Entered: 12/24/2003, Terminated: 1/6/2004 |
USCA Mandate |
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MANDATE from USCA vacating the judgment of the District Court and remanding the matter back to the District Court regarding Appeal [83-1] (SD, ilcd)
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| -- |
Filed: 12/24/2003, Entered: 12/24/2003, Terminated: 1/6/2004 |
Appeal Record Returned |
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RECORD ON APPEAL returned from U.S. Court of Appeals consisting of one volume of pleadings and one volume of transcripts (SD, ilcd)
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| 99 |
Filed: 9/8/2003, Entered: 9/8/2003, Terminated: 1/6/2004 |
Letter of Transmittal USCA |
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Letter of transmittal to USCA consisting of one volume of pleadings and one volume of transcripts (SD, ilcd)
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| 98 |
Filed: 9/8/2003, Entered: 9/8/2003 |
~Notice (other) |
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NOTICE of Oral Argument (SD, ilcd)
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| -- |
Filed: 9/8/2003, Entered: 9/8/2003, Terminated: 1/6/2004 |
Appeal Record Sent to USCA |
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CLERK'S RECORD on appeal transmitted to USCA consisting of one volume of pleadings and one volume of transcripts (SD, ilcd)
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| 97 |
Filed: 1/8/2003, Entered: 1/8/2003 |
Transcript |
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TRANSCRIPT filed of trial proceedings held 6/24/02, 6/25/02, and 6/26/02 (KM, ilcd)
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| 96 |
Filed: 1/7/2003, Entered: 1/7/2003 |
Judgment* |
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JUDGMENT in a civil case for attorney's fees entered (cc: all counsel) (KM, ilcd)
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| 95 |
Filed: 1/7/2003, Entered: 1/7/2003 |
Order |
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ORDER by Mag. Judge David G. Bernthal granting motion for costs, attorney fees and non-taxable expenses [77-1]. The sum of $2,000 is taxed against plaintiffs/counter-defendants. (cc: all counsel) (KM, ilcd)
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| -- |
Filed: 12/27/2002, Entered: 12/27/2002 |
Remark |
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Remark - Appeal record consisting of one volume of pleadings returned from atty Wurl's office. (SLJ, ilcd)
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| 94 |
Filed: 12/23/2002, Entered: 12/23/2002 |
Receipt |
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RECEIPT for 1 volume of pleadings from Atty Wurl's office. (KM, ilcd)
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| 93 |
Filed: 12/20/2002, Entered: 12/20/2002 |
Letter |
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LETTER to Pla's counsel regarding withdrawal of appeal record. (SLJ, ilcd)
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| 92 |
Filed: 12/20/2002, Entered: 12/20/2002 |
Order |
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ORDER by Mag. Judge David G. Bernthal granting pla's motion to withdraw record on appeal [91-1], granting pla's motion for order to obtain copies of all trial exhibits [91-2]. Clerk directed to prepare copies of all trial exhibits and assess charges to Plaintiffs. (cc: all counsel) (SLJ, ilcd)
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| 91 |
Filed: 12/19/2002, Entered: 12/20/2002, Terminated: 12/20/2002 |
Motion to Withdraw |
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MOTION by all plaintiffs to withdraw record on appeal and for order to obtain copies of all trial exhibits (KM, ilcd)
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| 90 |
Filed: 12/17/2002, Entered: 12/17/2002 |
Transcript Request |
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TRANSCRIPT INFORMATION SHEET by plaintiff requesting certain transcripts (cc: Area Wide) (KM, ilcd)
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| 89 |
Filed: 12/2/2002, Entered: 12/2/2002 |
Response |
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RESPONSE by plaintiffs to the Dft's Documents and Affidavit submitted in support of its Motion for Costs and Attorney Fees (SLJ, ilcd)
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| 88 |
Filed: 11/18/2002, Entered: 11/18/2002 |
Order |
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ORDER by Mag. Judge David G. Bernthal. The court grants plaintiff 14 days from the date of this order in which to respond to the particulars of the affidavit of Jerome Lyke; misc ddl set 12/2/02 for response (cc: all counsel) (MT, ilcd)
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| 87 |
Filed: 11/15/2002, Entered: 11/15/2002 |
USCA Notice of Docketing ROA |
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Notification by USCA of Appellate Docket Number 02-3975 (KM, ilcd)
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| 86 |
Filed: 11/7/2002, Entered: 11/7/2002, Terminated: 1/6/2004 |
USCA Appeal Fees |
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Received appeal fee in amount of $105.00 (Receipt #U1769) (SLJ, ilcd)
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| 85 |
Filed: 11/7/2002, Entered: 11/7/2002, Terminated: 1/6/2004 |
Short Record of Appeal Sent to USCA |
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SHORT RECORD ON APPEAL sent to USCA (SLJ, ilcd)
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| 84 |
Filed: 11/7/2002, Entered: 11/7/2002 |
Jurisdictional Statement |
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JURISDICTIONAL DOCKETING STATEMENT filed by plaintiffs (SLJ, ilcd)
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| 83 |
Filed: 11/7/2002, Entered: 11/7/2002, Terminated: 12/24/2003 |
Notice of Appeal |
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NOTICE of APPEAL by plaintiff from Dist Court decision and judgment [29-1] (cc: all counsel) (SLJ, ilcd)
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| 82 |
Filed: 10/23/2002, Entered: 10/23/2002 |
Affidavit |
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AFFIDAVIT of Jerome P Lyke (SLJ, ilcd)
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| 81 |
Filed: 10/9/2002, Entered: 10/9/2002, Terminated: 1/6/2004 |
Order |
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ORDER by Mag. Judge David G. Bernthal denying motion for judgment notwithstanding the verdict [75-1], denying motion for new trial [75-2] (cc: all counsel) (SLJ, ilcd)
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| 80 |
Filed: 10/9/2002, Entered: 10/9/2002 |
Order |
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ORDER by Mag. Judge David G. Bernthal Ruling on motion for costs, attorney fees and non-taxable expenses [77-1] is stayed. Dft shall have 14 days to provide the Court with documentation for the proposed award. (cc: all counsel) (SLJ, ilcd)
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| 79 |
Filed: 7/23/2002, Entered: 7/23/2002 |
Response to Motion |
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OBJECTION AND RESPONSE by all plaintiffs to dft's motion for costs, attorney fees and non-taxable expenses [77-1] (KM, ilcd)
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| 78 |
Filed: 7/22/2002, Entered: 7/22/2002 |
Response to Motion |
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RESPONSE by counter-claimant Champaign Market to motion for judgment notwithstanding the verdict [75-1], motion for new trial [75-2] (MT, ilcd)
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| 77 |
Filed: 7/15/2002, Entered: 7/15/2002, Terminated: 1/7/2003 |
Motion for Attorney Fees |
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MOTION by counter-claimant Champaign Market for costs, attorney fees and non-taxable expenses (SD, ilcd)
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| 76 |
Filed: 7/15/2002, Entered: 7/15/2002 |
Memorandum in Support of Motion |
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MEMORANDUM IN SUPPORT of motion for judgment notwithstanding the verdict [75-1], of motion for new trial [75-2] by plaintiff (MT, ilcd)
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| 75 |
Filed: 7/15/2002, Entered: 7/15/2002, Terminated: 10/9/2002 |
Motion for Judgment as a Matter of Law |
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MOTION by plaintiff for judgment notwithstanding the verdict , and for new trial (MT, ilcd)
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| 74 |
Filed: 7/1/2002, Entered: 7/1/2002 |
Exhibit |
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EXHIBIT LIST by counter-defendants (SLJ, ilcd)
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| 73 |
Filed: 7/1/2002, Entered: 7/1/2002 |
Exhibit |
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EXHIBIT LIST by counter-claimant Champaign Market (SLJ, ilcd)
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| 72 |
Filed: 7/1/2002, Entered: 7/1/2002, Terminated: 1/6/2004 |
Judgment* |
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JUDGMENT in a civil case entered in favor of Counter-claimant, Champaign Market Place, and against Counter-Dft Belleville Catering in the amount of $220,000.00. It is further ordred that judgment is entered in favor of Counter-claimant, Champaign Market Place, and against Counter-Dfts Sam Garanzini, Anne Garanzini, Frank Ferrara, Mary Cynthia Ferrara and John C. Dimartino in the amt of $220,000.00. It is further ordered that judgment is entered pursuant to Crt Order of 2/7/02 in favor of Dft and against all plaintiffs as to Counts I,II,IV and V. (cc: all counsel) (SLJ, ilcd)
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| -- |
Filed: 7/1/2002, Entered: 7/2/2002 |
Minutes-Miscellaneous |
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MINUTE-ENTRY: by Mag. Judge David G. Bernthal. See Judgment entered 7/1/02. Case termed. (cc: all counsel) (SLJ, ilcd)
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| -- |
Filed: 7/1/2002, Entered: 7/1/2002 |
Trial Exhibit |
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EXHIBITS for counter-claimant, counter-defendant stored in vault in large white envelope (SLJ, ilcd) Modified on 07/01/2002
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| 71 |
Filed: 6/26/2002, Entered: 7/1/2002 |
Proposed Jury Instructions |
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JURY INSTRUCTIONS submitted by Court (SLJ, ilcd)
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| 70 |
Filed: 6/26/2002, Entered: 6/28/2002 |
Trial - Miscellaneous |
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Jury Question #1 with written response from Court (SLJ, ilcd)
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| 69 |
Filed: 6/26/2002, Entered: 6/28/2002 |
Jury Verdict |
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VERDICT for counter-claimant Champaign Market against counter-defendant Sam Garanzini, counter-defendant Anne Garanzini, counter-defendant Mary Cynthia Ferrara, counter-defendant Frank Ferrara, counter-defendant John C Dimartino in the amount of $220,000.00 (SLJ, ilcd)
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| 68 |
Filed: 6/26/2002, Entered: 6/28/2002 |
Jury Verdict |
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VERDICT for counter-claimant Champaign Market against counter-defendant Belleville Catering in the amount of $220.000.00 (SLJ, ilcd)
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| -- |
Filed: 6/26/2002, Entered: 6/28/2002 |
Minutes-Miscellaneous |
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MINUTE-ENTRY: by Mag. Judge David G. Bernthal. Jury trial continued. Same appearances as 6/25/02. Court allowed Part I and II of Belleville Catering's oral motion for jgm as a matter of law. Part III is rendered moot. Oral motion for directed verdict by Champaign Market Place. Arguments heard. Motion denied. Oral motion by Belleville Catering as to payment of damages. Motion denied. Jury instruction conference held. Jury present in open court. Jury instructions read to jury by the court. Closing arguments heard for Belleville Catering and Champaign Market Place. Bailiff sworn. Jury retired to deliberate. Hearing held as to Count III (replevin) of Amended Complaint. Oral motion by Champaign Market Place to dismiss Count III. Allowed. Question #1 from jury. Written response of Court to Jury. Jury present. Verdict rendered in favor of Champaign Market Place and against Belleville Catering and assess damages in the amount of $220.000.00. Verdict rendered in favor of Champaign Market Place and against Sam Garanzini, Anne Garanzini, Frank Ferrara, Mary Cynthia Ferrara and John C. Dimartino and assess the damages in the sum of $220.000.00. Jurors polled. Jury excused. Clerk directed to enter judgment on Counter-claim. Court adjourned. Jury trial ended (cc: all counsel) (SLJ, ilcd)
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| -- |
Filed: 6/25/2002, Entered: 6/28/2002 |
Minutes-Miscellaneous |
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MINUTE-ENTRY: by Mag. Judge David G. Bernthal. Jury trial continued. Atty Evans appeared for plaintiffs and counter-defendants. Sam Garanzini, Frank Ferrara and John Dimartino personally appeared. Jerome Lyke appeared for dft, counter-claimant. Jury present in open court. Evidence for counter-claimant continued. Counter-claimant rests. Jury out. 3 part oral motion by Belleville Catering for judgment as a matter of law. Court took all parts under advisement. Jury present. Evidence for Belleville Catering. Witnesses sworn, testimony was heard. Jury out. Oral motion by Champaign Market Place for jgm as a matter of law re affirmative defense of constructive eviction. Response heard. Motion allowed. Jury in. Belleville Catering rests. Rebuttal evidence for Champaign Market Place. Witnesses sworn, testimony heard. Jury excused until 6/26/02 at 10:00. Belleville Catering orally renews 3 part motion for jgm as a matter of law. Motion remains under advisement. Court adjourned until 8:45 on 6/26/02. (cc: all counsel) (SLJ, ilcd) Modified on 06/28/2002
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| -- |
Filed: 6/24/2002, Entered: 6/27/2002 |
Minutes-Miscellaneous |
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MINUTE-ENTRY: by Mag. Judge David G. Bernthal; Jury trial began at 8:30 on 6/24/02 . Appearance of Pla and Counter-defendants by Daniel Wurl/Stephen Evans. Sam Garanzini, Anne Garanzini, Mary Ferrara, Frank Ferrara and John Dimartino appeared personally. Dft and Counter-claimant, Champaign Market Place, appeared by Jerome Lyke. Randy Tenneyson appeared as General Manager of Market Place. Statement of Case read to jury. Jurors present and sworn as to voir dire. Voir dire held. Jury selected and sworn to try the case. Portion of jury instructions read to jury by the Court. Opening statements by both parties. Evidence for counter-claimant presented. Witnesses sworn, testimony heard. Jury excused until 9:00 on 6/25/02. Court adjourned. (cc: all counsel) (SLJ, ilcd) Modified on 06/28/2002
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| 67 |
Filed: 6/20/2002, Entered: 6/21/2002 |
Pretrial Order |
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PRE-TRIAL ORDER entered by Mag. Judge David G. Bernthal: See Order. (SLJ, ilcd)
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Filed: 6/20/2002, Entered: 6/20/2002 |
Minutes-Miscellaneous |
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MINUTE-ENTRY: by Mag. Judge David G. Bernthal; Pretrial conf held at 1:30 on 6/20/02 . Appearance of pla by Daniel Wurl/Stephen Evans. Appearance of dft by Jerome Lyke. Randy Tenneyson, Gen Mgr for Market Place appeared personally. Proposed Final Pretrial Order tendered to the Court. Hearing held on pending motions. Court denied motion to vacate 2/7/02 order granting judgment on the pleadings as to Count IV of plaintiff's amended complaint and 4/5/02 order denying reconsideration of that order [58-2], [58-1]. Court denied motion to vacate order of 2/7/02 granting judgment on the pleadings as to Counts I, II, and V of the plaintiffs' amended complaint and 4/5/02 order denying reconsideration of the 2/7/02 order [60-2]. [60-1]. Court strikes motion in limine [63-1] as untimely filed. Court strikes motion in limine as untimely filed [62-1]. Court strikes motion to strike defendant's claim for recovery of the construction allowance [64-1] , striking motion to bar any evidence of defendant's claim for recovery of the construction allowance [64-2] as untimely filed. Counsel directed to submit a Statement of Case to be read to the jury. Final pretrial order entered. (cc: all counsel) (SLJ, ilcd)
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| 66 |
Filed: 6/18/2002, Entered: 6/18/2002 |
Response to Motion |
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RESPONSE by plaintiffs to dft's motion in limine regarding Peter Gruber and Motion to Enforce agreement of the parties as to disclosure of expert witnesses [63-1] (SLJ, ilcd)
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| 65 |
Filed: 6/17/2002, Entered: 6/18/2002 |
Memorandum in Support of Motion |
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MEMORANDUM IN SUPPORT of motion to strike defendant's claim for recovery of the construction allowance [64-1], of motion to bar any evidence of defendant's claim for recovery of the construction allowance [64-2] by plaintiffs (SLJ, ilcd)
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| 64 |
Filed: 6/17/2002, Entered: 6/18/2002 |
Motion to Strike |
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MOTION by plaintiffs to strike defendant's claim for recovery of the construction allowance , or in the alternative to bar any evidence of defendant's claim for recovery of the construction allowance (SLJ, ilcd)
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| 63 |
Filed: 6/17/2002, Entered: 6/17/2002, Terminated: 6/20/2002 |
Motion in Limine |
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MOTION by defendant Champaign Market in limine (SD, ilcd)
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| 62 |
Filed: 6/17/2002, Entered: 6/17/2002, Terminated: 6/20/2002 |
Motion in Limine |
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FIRST MOTION by plaintiffs in limine (KW, ilcd)
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| 61 |
Filed: 6/14/2002, Entered: 6/14/2002 |
Memorandum in Support of Motion |
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MEMORANDUM IN SUPPORT of motion for reconsideration [60-1], of motion to vacate order of 2/7/02 granting judgment on the pleadings as to Counts I, II, and V of the plaintiffs' amended complaint and 4/5/02 order denying reconsideration of the 2/7/02 order [60-2] by plaintiffs (MT, ilcd)
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| 60 |
Filed: 6/14/2002, Entered: 6/14/2002, Terminated: 6/20/2002 |
Motion for Reconsideration |
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MOTION by plaintiff for reconsideration , and to vacate order of 2/7/02 granting judgment on the pleadings as to Counts I, II, and V of the plaintiffs' amended complaint and 4/5/02 order denying reconsideration of the 2/7/02 order (MT, ilcd)
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| 59 |
Filed: 6/14/2002, Entered: 6/14/2002 |
Memorandum in Support of Motion |
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MEMORANDUM IN SUPPORT of motion for reconsideration [58-1], of motion to vacate 2/7/02 order granting judgment on the pleadings as to Count IV of plaintiff's amended complaint and 4/5/02 order denying reconsideration of that order [58-2] by plaintiffs (MT, ilcd)
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| 58 |
Filed: 6/14/2002, Entered: 6/14/2002, Terminated: 6/20/2002 |
Motion for Reconsideration |
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MOTION by plaintiff for reconsideration , and to vacate 2/7/02 order granting judgment on the pleadings as to Count IV of plaintiff's amended complaint and 4/5/02 order denying reconsideration of that order (MT, ilcd)
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| 57 |
Filed: 4/5/2002, Entered: 4/5/2002 |
Order |
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ORDER by Mag. Judge David G. Bernthal denying motion for reconsideration [52-1], denying motion to vacate order [52-2] (cc: all counsel) (MT, ilcd)
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| 56 |
Filed: 4/5/2002, Entered: 4/5/2002 |
Order |
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ORDER by Mag. Judge David G. Bernthal. Defendant has asked the court to strike the first affirmative defense to each count of defendant's counterclaim. The court has addressed the matter of the claim of fraudulent inducement and resolved that against plaintiffs' counter-defendants. The court's order (47) of 2/7/02 is the law of the case. Accordingly, the first affirmative defense to each count of the counterclaim cannot stand. Defendant's motion to strike [48-1] is GRANTED. (cc: all counsel) (MT, ilcd)
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| 55 |
Filed: 4/2/2002, Entered: 4/2/2002 |
Order |
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ORDER by Mag. Judge David G. Bernthal scheduling a final pretrial conference by personal appearance at 1:30 on 6/20/02. See Order. (cc: all counsel) (SLJ, ilcd)
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Filed: 4/2/2002, Entered: 4/2/2002 |
Minutes-Miscellaneous |
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MINUTE-ENTRY: by Mag. Judge David G. Bernthal. Due to a conflict with the Court's calendar, the final pretrial conference scheduled for 1:30 on 6/12/02 is VACATED and RESET to 2:00 on 6/20/02 by personal appearance before the Honorable David G. Bernthal, U.S. Magistrate Judge, Courtroom C, 201 South Vine Street, Urbana, IL. (cc: all counsel) (SLJ, ilcd)
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| 54 |
Filed: 3/22/2002, Entered: 3/27/2002 |
Response to Motion |
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RESPONSE by defendant Champaign Market to motion for reconsideration [52-1] and motion to vacate order [52-2]. (KM, ilcd)
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| 53 |
Filed: 3/8/2002, Entered: 3/27/2002 |
Memorandum in Support of Motion |
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MEMORANDUM IN SUPPORT of motion for reconsideration [52-1] and of motion to vacate order [52-2] by all plaintiffs. (KM, ilcd)
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| 52 |
Filed: 3/8/2002, Entered: 3/27/2002, Terminated: 4/5/2002 |
Motion for Reconsideration |
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MOTION by all plaintiffs for reconsideration and to vacate order granting judgment on the pleadings as to counts I, II, IV and V of the pla's amended complaint. (KM, ilcd)
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| 51 |
Filed: 3/8/2002, Entered: 3/8/2002 |
Response to Motion |
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RESPONSE by all plaintiffs to dft's motion to strike pla's affirmative defenses of fraudulent inducement [48-1]. (KM, ilcd)
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| 50 |
Filed: 3/5/2002, Entered: 3/5/2002, Terminated: 3/5/2002 |
Motion for Extension of Time |
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MOTION by plaintiff to extend time to respond to motion to strike affirmative defenses (MT, ilcd)
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Filed: 3/5/2002, Entered: 3/5/2002 |
Order |
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ENDORSED ORDER on its face by Mag. Judge David G. Bernthal granting pla's motion to extend time to respond to dft's motion to strike affirmative defenses [50-1]; response ddl re dft's motion to strike affirmative defenses [48-1] extended to 3/8/02 (cc: all counsel). (KM, ilcd)
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| 49 |
Filed: 2/15/2002, Entered: 2/15/2002 |
Miscellaneous Document |
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CERTIFICATE of service re discovery by defendant Champaign Market (SLJ, ilcd)
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| 48 |
Filed: 2/15/2002, Entered: 2/15/2002, Terminated: 4/5/2002 |
Motion to Strike |
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MOTION by defendant Champaign Market to strike affirmative defenses (SLJ, ilcd)
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| 47 |
Filed: 2/7/2002, Entered: 2/7/2002 |
Order |
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ORDER by Mag. Judge David G. Bernthal granting motion for judgment on the pleadings [32-1]. The Clerk of Court is directed to enter judgment in favor of Dft and against all Pla's as to Counts I, II, IV and the claim for punitive damages in Count V of the First Amended Complaint. (cc: all counsel) (SLJ, ilcd)
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| 46 |
Filed: 1/31/2002, Entered: 1/31/2002 |
Order |
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AGREED ORDER entered by Mag. Judge David G. Bernthal. Court scheduling Order is modified as to the ddl for naming expert witnesses. The ddl is extended to 2/15/02. All other deadlines remain in effect. (cc: all counsel) (SLJ, ilcd)
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| 45 |
Filed: 1/30/2002, Entered: 1/30/2002 |
Miscellaneous Document |
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CERTIFICATE of service of ntc of discovery depo of Pla, John Dimartino by defendant Champaign Market (SLJ, ilcd)
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| 44 |
Filed: 1/30/2002, Entered: 1/30/2002 |
Miscellaneous Document |
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CERTIFICATE of service re ntc of discovery depo of Pla, Frank Ferrara by defendant Champaign Market (SLJ, ilcd)
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| 43 |
Filed: 1/30/2002, Entered: 1/30/2002 |
Miscellaneous Document |
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CERTIFICATE of service re ntc of discovery depo of pla, Sam Garanzini by defendant Champaign Market (SLJ, ilcd)
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| 42 |
Filed: 1/30/2002, Entered: 1/30/2002 |
Miscellaneous Document |
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CERTIFICATE of service re discovery depo of John Harris by defendant Champaign Market (SLJ, ilcd)
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| 41 |
Filed: 1/30/2002, Entered: 1/30/2002 |
Miscellaneous Document |
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CERTIFICATE of service re ntc of discovery depo of Joe Fresta by defendant Champaign Market (SLJ, ilcd)
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| 40 |
Filed: 1/30/2002, Entered: 1/30/2002 |
Miscellaneous Document |
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CERTIFICATE of service re ntc of disc of J. Kim Tucci by defendant Champaign Market (SLJ, ilcd)
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| 39 |
Filed: 1/30/2002, Entered: 1/30/2002 |
Miscellaneous Document |
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CERTIFICATE of service re ntc of discovery depo of Sara Bailey by defendant Champaign Market (SLJ, ilcd)
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| 38 |
Filed: 1/30/2002, Entered: 1/30/2002 |
Miscellaneous Document |
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CERTIFICATE of service re Notice of Discovery of Mark Zorensky by defendant Champaign Market (SLJ, ilcd)
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| 37 |
Filed: 1/22/2002, Entered: 1/22/2002 |
Order |
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ORDER by Mag. Judge David G. Bernthal modifying Court's Scheduling Order to extend the ddl for naming expert witnesses to 2/1/02. (cc: all counsel) (SLJ, ilcd)
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| 36 |
Filed: 11/2/2001, Entered: 11/2/2001 |
Memorandum in Opposition to Motion/Petition |
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MEMORANDUM AND RESPONSE IN OPPOSITION to motion for judgment on the pleadings [32-1] by plaintiff (SD, ilcd)
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| 35 |
Filed: 11/2/2001, Entered: 11/2/2001 |
Affirmative Defenses |
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AFFIRMATIVE DEFENSES filed by counter-defendant Belleville Catering (SD, ilcd)
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| 35 |
Filed: 11/2/2001, Entered: 11/2/2001 |
Answer to Counterclaim |
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ANSWER TO COUNTERCLAIM [7-2] by counter-defendant Belleville Catering (SD, ilcd)
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| 34 |
Filed: 10/17/2001, Entered: 10/17/2001 |
Miscellaneous Document |
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CERTIFICATE of service re: doc's 32 and 33 by defendant Champaign Market (SLJ, ilcd)
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| 33 |
Filed: 10/17/2001, Entered: 10/17/2001 |
Memorandum in Support of Motion |
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MEMORANDUM IN SUPPORT of motion for judgment on the pleadings [32-1] by defendant Champaign Market (SLJ, ilcd)
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| 32 |
Filed: 10/17/2001, Entered: 10/17/2001, Terminated: 2/7/2002 |
Motion for Judgment on the Pleadings |
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MOTION by defendant Champaign Market for judgment on the pleadings (SLJ, ilcd)
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| 31 |
Filed: 10/17/2001, Entered: 10/17/2001 |
Answer |
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ANSWER to first amended complaint by defendant Champaign Market; jury demand (SLJ, ilcd)
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| 30 |
Filed: 10/16/2001, Entered: 10/16/2001 |
Order |
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AMENDED DISCOVERY ORDER by Mag. Judge David G. Bernthal. Misc ddl of 8/31/01 for any motions to join other parties or to amend the pleadings . The parties have disclosed All plaintiffs are to identify testifying experts and provide Rule 26 expert reports by 1/18/02. All Defendants are to identify testifying experts and to provide Rule 26 expert reports by 1/18/02. The parties have until 2/28/02 to complete fact discovery. Any written discovery served subsequent to this date shall be served by a date that allows the served party the full 30 days provided by the FRCP in which to comply. All discovery to be completed by 2/28/02 . Dispositive motion filing deadline is 3/15/02. Final pretrial order to be filed with the court on or before 4/24/02. The final pretrial conference is scheduled for 1:30 on 6/12/02 by personal appearance. The jury trial is scheduled for 9:00 on 6/24/02 . A continuance of the trial date and/or final pretrial date does not alter or extend any of the other above dates. (cc: all counsel) (SLJ, ilcd)
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| -- |
Filed: 10/16/2001, Entered: 10/16/2001 |
Minutes-Miscellaneous |
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MINUTE-ENTRY: by Mag. Judge David G. Bernthal. Status hearing held at 10:00 on 10/16/01 . Appearance of pla by Wurl/Evans. Appearance of dft by Lyke. Discovery calendar modified per agreement of counsel. Court granted motion to continue scheduling deadlines [26-1]. Estimated length of trial is 4 days. See Amended Scheduling Order for new deadlines. (cc: all counsel) (SLJ, ilcd)
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| 29 |
Filed: 10/5/2001, Entered: 10/5/2001 |
Amended Complaint |
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FIRST AMENDED COMPLAINT by plaintiffs; jury demand [1-1] (SLJ, ilcd)
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| -- |
Filed: 9/27/2001, Entered: 9/27/2001 |
Minutes-Miscellaneous |
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MINUTE-ENTRY: by Mag. Judge David G. Bernthal. The Motion for leave to amend complaint [25-1] is ALLOWED. The proposed amended complaint attached as Plaintiffs' Exhibit A is not signed. Accordingly, it cannot be filed by the Clerk of Court. Plaintiff to file it's amended complaint within seven days of this order. Misc ddl to file amended complaint is 10/3/01 . The motion for judgment on the pleadings [19-1] is deemed moot unless revived fourteen days of the filing of the amended complaint. This matter is scheduled for telephone status hearing at 10:00 on 10/16/01 to discuss changes in the existing discovery calendar and to rule on the pending Motion to Continue (#26). The court will initiate the call. (cc: all counsel) (SLJ, ilcd)
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| 28 |
Filed: 8/24/2001, Entered: 8/24/2001 |
Miscellaneous Document |
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CERTIFICATE of service by defendant Champaign Market that answers to plas' interrogatories were mailed to plas' atty (KW, ilcd)
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| 27 |
Filed: 8/20/2001, Entered: 8/20/2001 |
Response to Motion |
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RESPONSE by plaintiffs to motion to continue scheduling deadlines [26-1] (KW, ilcd)
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| 26 |
Filed: 8/15/2001, Entered: 8/15/2001, Terminated: 10/16/2001 |
Motion to Continue |
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MOTION by defendant Champaign Market to continue scheduling deadlines currently in effect and moves the Court to vacate the scheduling order and set this matter for another scheduling conference. (SLJ, ilcd)
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| 25 |
Filed: 8/9/2001, Entered: 8/9/2001, Terminated: 9/27/2001 |
Motion to Amend/Correct |
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MOTION by plaintiff Belleville Catering for leave to amend complaint (VB, ilcd)
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| -- |
Filed: 7/30/2001, Entered: 7/30/2001 |
Order |
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ENDORSED ORDER on its face by Mag. Judge David G. Bernthal granting motion to amend scheduling order to extend disclosure of expert witness deadline [24-1]. Expert witness ddl extended to 8/31/01. (cc: all counsel) (SLJ, ilcd) Modified on 09/18/2001
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| 24 |
Filed: 7/27/2001, Entered: 7/27/2001, Terminated: 7/30/2001 |
Motion to Amend/Correct |
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AGREED MOTION by plaintiff to amend scheduling order to extend disclosure of expert witness deadline . (KM, ilcd)
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| 23 |
Filed: 7/16/2001, Entered: 7/17/2001 |
Memorandum in Opposition to Motion/Petition |
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MEMORANDUM AND RESPONSE IN OPPOSITION to the dft's motion for judgment on the pleadings [19-1] by all plaintiffs. (KM, ilcd)
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| 22 |
Filed: 7/2/2001, Entered: 7/2/2001 |
Order |
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ORDER by Mag. Judge David G. Bernthal granting motion to extend time to respond to judgment on the pleadings [21-1]; response to motion ddl re motion for judgment on the pleadings [19-1] is extended to 7/16/01 (cc: all counsel). (KM, ilcd)
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| 21 |
Filed: 7/2/2001, Entered: 7/2/2001, Terminated: 7/2/2001 |
Motion for Extension of Time |
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MOTION by plaintiffs to extend time to respond to judgment on the pleadings (SLJ, ilcd)
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| 20 |
Filed: 6/22/2001, Entered: 6/22/2001 |
Memorandum in Support of Motion |
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MEMORANDUM IN SUPPORT of motion for judgment on the pleadings [19-1] by defendant Champaign Market (SLJ, ilcd)
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| Save 25% on a pre-paid one year subscription. |
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| 19 |
Filed: 6/22/2001, Entered: 6/22/2001, Terminated: 9/27/2001 |
Motion for Judgment on the Pleadings |
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MOTION by defendant Champaign Market for judgment on the pleadings (SLJ, ilcd)
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| 18 |
Filed: 6/8/2001, Entered: 6/8/2001 |
Miscellaneous Document |
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CERTIFICATE of service re discovery by defendant Champaign Market (SLJ, ilcd)
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| 17 |
Filed: 5/9/2001, Entered: 5/9/2001 |
Order |
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ORDER by Mag. Judge David G. Bernthal allowing Dft until 5/25/01 to file its Answers to the Plaintiffs' 3/23/01 Interrogatories, and to comply with the Plaintiffs' 3/23/01 Request for Production of Documents (cc: all counsel) (SLJ, ilcd)
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| 16 |
Filed: 4/19/2001, Entered: 4/19/2001 |
Order |
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AMENDED SCHEDULING ORDER by Mag. Judge David G. Bernthal, granting motion to amend scheduling order [15-1] as follows: misc ddl set for amendment of pleadings and joining additional parties to 8/31/01 . Plaintiffs are to identify testifying experts and provide reports by 7/31/01 and dfts are to identify testifying experts and provide reports by 7/31/01. All Discovery is to be complete by 9/30/01 . Mtn filing ddl of 10/12/01 is set for parties to file case dispositive motions . The final Pretrial conference remains set at 1:15 on 12/21/01 before US Magistrate Judge David G Bernthal. The parties shall submit proposed final pretrial order to the Court on or before 12/14/01 . Jury selection and Jury trial remains set at 9:00 on 1/14/02 before US Magistrate Judge David G Bernthal (cc: all counsel). (KM, ilcd)
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| 15 |
Filed: 4/18/2001, Entered: 4/18/2001, Terminated: 4/19/2001 |
Motion to Amend/Correct |
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AGREED MOTION by plaintiffs to amend scheduling order (SLJ, ilcd)
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| 14 |
Filed: 4/9/2001, Entered: 4/9/2001 |
Response |
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RESPONSE by plaintiffs to Affirmative Defense [10-1] (Filed as Affirmative Defense) (SLJ, ilcd)
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| -- |
Filed: 4/3/2001, Entered: 4/3/2001 |
Order |
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ENDORSED ORDER on its face by Mag. Judge David G. Bernthal granting motion for leave to file affirmative defense [13-1] (cc: all counsel). (SLJ, ilcd)
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| 13 |
Filed: 3/16/2001, Entered: 3/16/2001, Terminated: 4/3/2001 |
Motion for Leave to File |
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MOTION by plaintiff for leave to file affirmative defense (KW, ilcd)
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| -- |
Filed: 3/6/2001, Entered: 3/7/2001 |
Minutes-Miscellaneous |
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MINUTE-ENTRY: by Mag. Judge David G. Bernthal. Status hearing held at 2:00 on 3/6/01 . Appearance of plaintiff and counter-defendant by Daniel Wurl and Jean Warner. Appearance of defendant and Counter-claimant by Jerome Lyke. Pretrial scheduled on 11/21/01 and Jury trial scheduled on 12/3/01 before the Honorable Michael P. McCuskey are vacated. Parties to submit final pretrial order by 12/14/01. Pretrial conference is scheduled at 1:15 on 12/21/01 and scheduled for jury selection and jury trial at 9:00 on 1/14/02 before the Honorable David G. Bernthal sitting in Urbana, IL. Estimated length of trial is 4 days. (cc: all counsel) (SLJ, ilcd)
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| -- |
Filed: 3/2/2001, Entered: 3/2/2001 |
Minutes-Miscellaneous |
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MINUTE-ENTRY: by Mag. Judge David G. Bernthal. A telephone status hearing is scheduled at 2:00 on 3/6/01 . The Court will initiate the call. All counsel notified by telephone this date. (cc: all counsel) (SLJ, ilcd)
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| 12 |
Filed: 2/28/2001, Entered: 2/28/2001 |
~Notice (other) |
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CONSENT/ORDER of reference by Judge Michael P. McCuskey; this case may proceed before Mag. Judge David G. Bernthal with consent of parties (cc: all counsel) (SLJ, ilcd)
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| 11 |
Filed: 12/27/2000, Entered: 12/28/2000 |
Order |
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SCHEDULING ORDER entered by Mag. Judge David G. Bernthal. Motions to join parties or amend pleadings to be filed by 7/31/01. Parties to disclose information and exchange documents on or before 2/1/01. All plaintiffs to identify testifying experts and provide Rule 26 expert reports by 5/31/01. All Dfts to identify testifying experts and provide Rule 26 expert reports by 5/31/01. Parties have until 7/31/01 to complete fact discovery. Any written discovery served subsequent to this date shall be served by a date that allows the served party the full 30 days provided by the Federal Rules of Civil Procedure in which to comply. The parties have until 7/31/01 to complete expert discovery. Discovery to be completed by 7/31/01 . Parties to file dispositive motions by 8/1/01 . Parties to submit final pretrial order by 10/1/01. Matter set fo final pretrial conference at 11:00 on 11/21/01 by personal appearance and jury selection and jury trial at 9:30 on 12/3/01 before U.S. District Judge Michael P. McCuskey sitting in Urbana, IL. (cc: all counsel) (SLJ, ilcd)
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| -- |
Filed: 12/27/2000, Entered: 12/27/2000 |
Minutes-Miscellaneous |
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MINUTE-ENTRY: Hearing held 12/27/00 by Judge Michael P. McCuskey and Magistrate Judge David G. Bernthal . Appearance of Pla's by Daniel Wurd and Stephen B. Evans. Appearance of Dft's by Michael Tague. The court orders discovery plan to be approved and written order entered. The Final Pretrial conference is set for 11:00 a.m. on 11/21/01 , jury selection and jury trial set for 9:30 a.m. 12/3/01 . Judge Michael P. McCuskey advised parties of right to consent to disposition by Magistrate Judge. (cc: all counsel) (JW, ilcd)
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| 10 |
Filed: 12/6/2000, Entered: 12/6/2000 |
Affirmative Defenses |
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AFFIRMATIVE DEFENSES filed by counter-defendant Belleville Catering (SLJ, ilcd)
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| 10 |
Filed: 12/6/2000, Entered: 12/6/2000 |
Answer to Counterclaim |
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ANSWER TO COUNTERCLAIM [7-2] by counter-defendant Belleville Catering (SLJ, ilcd)
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| 9 |
Filed: 11/21/2000, Entered: 11/21/2000 |
Order |
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ORDER by Mag. Judge David G. Bernthal. Matter set for a Rule 16 conference at 2:15 on 12/27/00 by personal appearance before the Honorable Michael P. McCuskey and the Honorable David G. Bernthal. See Order. (cc: with Rule 16 attachments to all counsel) (SLJ, ilcd)
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| 8 |
Filed: 11/13/2000, Entered: 11/14/2000 |
Certificate of Interest |
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CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 filed by defendant Champaign Market (SLJ, ilcd)
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| 7 |
Filed: 11/13/2000, Entered: 12/6/2000 |
Affirmative Defenses |
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AFFIRMATIVE DEFENSES filed by defendant Champaign Market (SLJ, ilcd)
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| 7 |
Filed: 11/13/2000, Entered: 12/6/2000 |
Answer |
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ANSWER to complaint and COUNTERCLAIM; jury demand by defendant Champaign Market against plaintiff Belleville Catering (SLJ, ilcd)
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| 6 |
Filed: 9/25/2000, Entered: 9/26/2000 |
Service - Miscellaneous |
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WAIVER OF SERVICE returned as to defendant Champaign Market Date waiver sent: 09/11/00; Answer due on 11/10/00 (JW, ilcd)
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| 5 |
Filed: 9/11/2000, Entered: 9/11/2000 |
Miscellaneous Document |
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DESIGNATION OF LEAD COUNSEL pursuant to Local Rule 11.2 filed by plaintiff Belleville Catering, plaintiff Sam Garanzini, plaintiff Anne Garanzini, plaintiff Mary Cynthia Ferrara, plaintiff Frank Ferrara, plaintiff John C Dimartino designating Stephen B Evans as lead counsel. (JW, ilcd) Modified on 09/13/2000
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| 4 |
Filed: 9/11/2000, Entered: 9/11/2000 |
Filing Fee Received |
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FILING FEE PAID on 9/11/00 in the amount of $150.00 receipt #42542. (JW, ilcd)
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| 3 |
Filed: 9/11/2000, Entered: 9/11/2000 |
Certificate of Interest |
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CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 filed by plaintiff Belleville Catering, plaintiff Sam Garanzini, plaintiff Anne Garanzini, plaintiff Mary Cynthia Ferrara, plaintiff Frank Ferrara, plaintiff John C Dimartino (JW, ilcd)
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| 2 |
Filed: 9/11/2000, Entered: 9/13/2000 |
~Notice (other) |
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NOTICE OF LAWSUIT; Waiver(s) of Service due on 10/11/00 for Champaign Market (JW, ilcd)
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| 1 |
Filed: 9/11/2000, Entered: 9/11/2000 |
Complaint |
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COMPLAINT: case referred to Mag. Judge David G. Bernthal (JW, ilcd)
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