Butcher v. Mark IV Industries, et al

Federal Civil Lawsuit Illinois Central District Court, Case No. 2:03-cv-02099-DGB
District Judge David G. Bernthal, presiding
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District Judge David G. Bernthal
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Summary

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Parties
No Logo Paul Butcher, Plaintiff

Represented by Cogan & McNabola, PC

Name Phone Fax E-Mail
Space Timothy James Ashe +1 312 629 2900 +1 312 629 2916 tim@cogan-mcnabola.com
Space Jody B Pravecek +1 312 629 2900 +1 312 629 2916 jody@cogan-mcnabola.com
v.
No Logo Mark Iv Industries, Inc., Defendant

Represented by Heyl, Royster, Voelker & Allen, PC

Name Phone Fax E-Mail
Space John D Flodstrom +1 217 344 0060 +1 217 344 9295 jflodstrom@heylroyster.com
Space James C Kearns +1 217 344 0060 +1 217 344 9295 jkearns@heylroyster.com
No Logo Ralph A. Hiller Company, Defendant

Represented by STELLATO & SCHWARTZ LTD

Name Phone Fax E-Mail
Space John W Gilligan, III +1 312 419 1011 +1 630 571 1198 jgilligan@stellatoschwartz.com
No Logo Mark Iv Industries, Inc., Cross-Defendant

Represented by Heyl, Royster, Voelker & Allen, PC

Name Phone Fax E-Mail
Space James C Kearns +1 217 344 0060 +1 217 344 9295 jkearns@heylroyster.com
No Logo Ralph A. Hiller Company, Cross-Defendant

Represented by STELLATO & SCHWARTZ LTD

Name Phone Fax E-Mail
Space John W Gilligan, III +1 312 419 1011 +1 630 571 1198 jgilligan@stellatoschwartz.com
Other Parties
No Logo Freight Car Services, Inc., Third Party Defendant

Represented by knell-kelly.com Law Firm Placeholder

Name Phone Fax E-Mail
Space Charles D Knell +1 309 655 1530 +1 309 655 1535 deathknell@knell-kelly.com
Space Terrance M Nofsinger +1 309 655 1530 tnofsinger@knell-kelly.com

Represented by Scopelitis, Garvin, Light, Hanson & Feary, LLC

Name Phone Fax E-Mail
Space Donald W. Devitt +1 312 422 1200 +1 312 422 1224 ddevitt@scopelitis.com
Space James Daniel Ellman +1 312 422 1200 +1 314 422 1224 jellman@scopelitis.com
No Logo Freight Car Services, Inc., Third Party Plaintiff

Represented by davis-delanois.com Law Firm Placeholder

Name Phone Fax E-Mail
Space Barbara L Delanois +1 217 446 5255 +1 217 446 7570 delanois@davis-delanois.com
No Logo Ralph A. Hiller Company, Third Party Plaintiff

Represented by STELLATO & SCHWARTZ LTD

Name Phone Fax E-Mail
Space John W Gilligan, III +1 312 419 1011 +1 630 571 1198 jgilligan@stellatoschwartz.com
No Logo Mark Iv Industries, Inc., Cross-Claimant

Represented by Heyl, Royster, Voelker & Allen, PC

Name Phone Fax E-Mail
Space James C Kearns +1 217 344 0060 +1 217 344 9295 jkearns@heylroyster.com
No Logo Ralph A. Hiller Company, Cross-Claimant

Represented by STELLATO & SCHWARTZ LTD

Name Phone Fax E-Mail
Space John W Gilligan, III +1 312 419 1011 +1 630 571 1198 jgilligan@stellatoschwartz.com
Attributes
Office Urbana
Filed 6/6/2003
Jury Demand Defendant
Demand $50000
Nature of Suit 365 - Personal Injury: Product Liability
Cause Section 28 U.S.C. § 1441 Notice of Removal- Personal Injury
Jurisdiction Diversity
Disposition
County Vermilion
Terminated
Origin 2
Reopened None
Lead Case None
Related Case
Other Court Case 03-L-64[Vermilion County, IL]
Def Custody Status
Flags 21, CONMAG, MISDDL, MTNDDL
Timeline
  Entries (181) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Certificate with OCR 110 Filed: 9/5/2008, Entered: 9/5/2008 Certificate
CERTIFICATE of compliance. (Ashe, Timothy)
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Blank -- Filed: 8/12/2008, Entered: 8/12/2008 Set/Reset Deadlines:
Reset Deadlines: Pursuant to Text Order entered 8/12/08 the Plaintiff's deadline to disclose experts and provide expert reports is extended to 9/7/2008. The Defendant's deadline to disclose experts and provide expert reports is extended to 10/7/08. Third party Defendant shall disclose experts and provide expert reports by 11/7/2008. (SLJ, ilcd)
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Blank -- Filed: 8/12/2008, Entered: 8/12/2008 Order on Motion for Extension of Time to File
TEXT ORDER entered by Magistrate Judge David G. Bernthal on 8/12/08. The Agreed Motion to Extend Time for Filing Reports of Treating Physicians [109] is GRANTED. Each deadline previously scheduled regarding disclosure of expert reports is extended thirty (30) days. Plaintiff shall disclose experts and provide expert reports by 9/7/08. Defendant shall disclose experts and provide expert reports by 10/7/08. Third party Defendant shall disclose experts and provide expert reports by 11/7/08. (SLJ, ilcd)
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Motion for Extension of Time with OCR 109 Filed: 8/4/2008, Entered: 8/4/2008, Terminated: 8/12/2008 Motion for Extension of Time
Second MOTION for Extension of Time to File Reports of Treating Physicians by Plaintiff Paul Butcher. Responses due by 8/21/2008 (Ashe, Timothy)
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Blank -- Filed: 7/17/2008, Entered: 7/17/2008 Set/Reset Deadlines:
Set/Reset Deadlines: Plaintiff`s Expert Disclosure due by 8/7/2008. Defendant`s Expert Disclosure due by 9/8/2008. Third-Party Defendant Expert Disclosure due 10/8/2008 (MT, ilcd)
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Blank -- Filed: 7/17/2008, Entered: 7/17/2008 Order on Motion for Extension of Time to File
TEXT ORDER entered by Magistrate Judge David G. Bernthal on 7/17/08. The Agreed Motion to Extend Time for Filing Reports of Treating Physicians [108] is GRANTED. Each deadline previously scheduled regarding disclosure of expert reports is extended thirty (30) days. Plaintiff shall disclose experts and provide expert reports by 8/7/08. Defendant shall disclose experts and provide expert reports by 9/8/08. Third party Defendant shall disclose experts and provide expert reports by 10/8/08. (MT, ilcd)
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Motion for Extension of Time with OCR 108 Filed: 7/8/2008, Entered: 7/8/2008, Terminated: 7/17/2008 Motion for Extension of Time
MOTION for Extension of Time to File reports of treating physicians by Plaintiff Paul Butcher. Responses due by 7/25/2008 (Ashe, Timothy)
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Certificate with OCR 107 Filed: 7/7/2008, Entered: 7/7/2008 Certificate
CERTIFICATE of Compliance. (Ashe, Timothy)
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Blank -- Filed: 7/7/2008, Entered: 7/7/2008 Order Striking/Vacating Document
TEXT ORDER STRIKINGDOCUMENT entered by Magistrate Judge David G. Bernthal on 7/7/08. Plaintiff recently e-filed Paul Butcher's Disclosure Pursuant to Federal Rules of Civil Procedure 26(a)(2) [106]. Pursuant to CDIL-LR 26.3, discovery shall not be filed with the Clerk of Court. Therefore, document [106] is STRICKEN. Plaintiff may file a notice of filing which lists what discovery was served on opposing counsel. (MT, ilcd)
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Response with OCR 106 Filed: 7/3/2008, Entered: 7/3/2008, Terminated: 7/7/2008 Response
STRICKEN 7/7/08 Response by Paul Butcher Pursuant to FRCP 26(a)(2). (Attachments: # (1) Exhibit A - Report (Charles Roberts, Jr., Ph.D.), # (2) Exhibit B - Curriculum Vitae (Charles Roberts, Jr., Ph.D), # (3) Exhibit C- Charges for Consulting Services (Charles Roberts, Jr., Ph.D.), # (4) Exhibit D - Trials and Depositions History (Charles Roberts, Jr., Ph.D.), # (5) Exhibit E - Report (Stan Smith, Ph.D.), # (6) Exhibit F - Curriculum Vitae (Stan Smith, Ph.D.), # (7) Exhibit G - Complete Service and Billing Policy (Stan Smith, Ph.D.), # (8) Exhibit H - List of Cases Testified (Stan Smith, Ph.D.))(Ashe, Timothy) Modified on 7/7/2008 (MT, ilcd).
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Certificate of Service/Counsel with OCR 105 Filed: 5/13/2008, Entered: 5/13/2008 Certificate of Service/Counsel
CERTIFICATE of Service/Counsel by Barbara L Delanois on behalf of Freight Car Services, Inc. (Delanois, Barbara)
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Notice of Appearance with OCR 104 Filed: 2/26/2008, Entered: 2/26/2008 Notice of Appearance
NOTICE of Appearance of Attorney by Paul Butcher (MT, ilcd)
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Blank -- Filed: 2/14/2008, Entered: 2/14/2008 Status Conference
Minute Entry for proceedings held before Magistrate Judge David G. Bernthal. Status Conference held on 2/14/2008. Failure of appearance of plaintiff; appearance of defendants by James Kearns/John Gilligan/Barbara Delanois. Court is advised Ms. Pravecek is no longer with Cogan & McNabola and that Atty Tim Ashe has taken over the case. Substitute counsel is directed to file his appearance within 14 days. Counsel for Mark IV Industries reports case is proceeding with discovery. Parties to contact the court if further status is needed. (Copy of Minute Entry mailed to Atty Ashe as he is neither admitted nor a registered electronic filer.) (Tape #UR-C: 10:06.) (MT, ilcd)
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Blank -- Filed: 12/5/2007, Entered: 12/5/2007 Order on Motion for Extension of Time to Complete
TEXT ORDER entered by Magistrate Judge David G. Bernthal on 12/5/07. Third-Party Defendant Freight Car Services, Inc.'s Motion for Extension of Time to Complete Outstanding Discovery [102] is GRANTED. Third-Party Defendant Freight Car Services, Inc. is granted an additional thirty (30) days from the date of this order to respond to any outstanding discovery. (MT, ilcd)
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~Notice (other) with OCR 103 Filed: 11/12/2007, Entered: 11/12/2007 ~Notice (other)
NOTICE / Proof of Service re [102] MOTION for Extension of Time to Complete Discovery from Mark IV (Nofsinger, Terrance)
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Motion for Extension of Time to Complete Discovery with OCR 102 Filed: 11/12/2007, Entered: 11/12/2007, Terminated: 12/5/2007 Motion for Extension of Time to Complete Discovery
MOTION for Extension of Time to Complete Discovery from Mark IV by ThirdParty Defendant Freight Car Services, Inc.. Responses due by 11/29/2007 (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Nofsinger, Terrance)
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Scheduling Order with OCR 101 Filed: 11/7/2007, Entered: 11/7/2007 Scheduling OrderCourt Filing
REVISED DISCOVERY ORDER entered by Magistrate Judge David G. Bernthal on 11/7/07. Status Conference set for 2/14/2008 10:00 AM in Courtroom C before Magistrate Judge David G. Bernthal. Final Pretrial Conference set for 2/19/2009 11:00 AM in Courtroom C before Magistrate Judge David G. Bernthal. Jury Trial set for 3/2/2009 09:00 AM in Courtroom C before Magistrate Judge David G. Bernthal.(MT, ilcd)
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Blank -- Filed: 11/7/2007, Entered: 11/7/2007 Order on Motion to Compel
TEXT ORDER entered by Magistrate Judge David G. Bernthal on 11/7/07. Defendant/Third-Party Plaintiff Mark IV Industries, Inc.'s Motion to Compel [95] is GRANTED. Third-Party Defendant Freight Car Services, Inc. shall comply with all outstanding discovery within fourteen (14) days of the entry of this order. (MT, ilcd)
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Blank -- Filed: 11/5/2007, Entered: 11/5/2007 Status Conference
Minute Entry for proceedings held before Magistrate Judge David G. Bernthal.Status Conference held on 11/5/2007. Appearance of plaintiff by Tim Ashe for Jody Pravecek. Appearance of defendant Mark IV Industries by James Kearns; Appearance of defendant Ralph A. Hiller Company by Ann Riegle for John Gilligan; Barbara Delanois not available for call for Freight Car Services; James Ellman/Terrance Nofsinger for Freight Car Services as Third-Party Defendant. Status of case and new calendar discussed. Written order to be entered. (Tape #UR-C 3:40 PM.) (MT, ilcd)
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Blank -- Filed: 11/2/2007, Entered: 11/2/2007 Order on Motion to Withdraw as Attorney
TEXT ORDER entered by Magistrate Judge David G. Bernthal on 11/2/07. Defendant Ralph A. Hiller Company's Motion to Withdraw Certain Attorney of Record [100] is GRANTED. The Clerk of Court is directed to terminate Attorney Kimberly Kaye Vereb from the case. (MT, ilcd)
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Motion to Withdraw as Attorney with OCR 100 Filed: 11/1/2007, Entered: 11/1/2007, Terminated: 11/2/2007 Motion to Withdraw as Attorney
MOTION to Withdraw as Attorney by Defendant Ralph A. Hiller Company. Responses due by 11/19/2007 (Gilligan, John)
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Notice of Appearance with OCR 99 Filed: 10/30/2007, Entered: 10/30/2007 Notice of Appearance
NOTICE of Appearance of Attorney by James D Ellman on behalf of Freight Car Services, Inc. (Ellman, James)
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Blank -- Filed: 10/24/2007, Entered: 10/24/2007 Order on Motion to Dismiss
TEXT ORDER entered by Magistrate Judge David G. Bernthal on 10/24/07. Third Party Defendant Freight Car Services, Inc.'s Motion for Voluntary Dismissal of Michel & Cully [98] is GRANTED. The Clerk of Court is directed to terminate Defendant Michael & Cully Claim Services from this case. (SLJ, ilcd)
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Motion to Dismiss with OCR 98 Filed: 10/23/2007, Entered: 10/23/2007, Terminated: 10/24/2007 Motion to Dismiss
MOTION to Dismiss Michel & Culy by ThirdParty Plaintiff Freight Car Services, Inc.. Responses due by 11/9/2007 (Delanois, Barbara)
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Blank -- Filed: 10/23/2007, Entered: 10/23/2007 Order on Motion to Compel
Minute Entry for proceedings held before Judge David G. Bernthal. Appearance of plaintiff by Mark McNabola. Appearance of defendant Mark IV Industries, Inc by James Kearns. Appearance of defendant/third party plaintiff/cross defendant Ralph A Hiller Co by Ann Riegle. Appearance of third party plaintiff Freight Car Services by Barbara Delanois. Appearance of third party defendant Michel & Cully Claim Services by James Long. Appearance of third party defendant Freight Car Services by James Ellman and Terrance Nofsinger. Motion hearing held regarding [92] Motion to Compel. Motion granted. Status Conference set for 11/5/2007 at 3:30 PM by telephone (court will place call) before Magistrate Judge David G. Bernthal for new dates to be set. (Tape #UR-C 3:16 PM.) (KM, ilcd)
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Certificate with OCR 97 Filed: 10/22/2007, Entered: 10/22/2007 Certificate
CERTIFICATE of Service for Mark IV's Third Supplemental Interrogatories to Freight Car Services and Mark IV's First Supplemental Request to Produce to Freight Car Services. (Kearns, James)
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Certificate of Service/Counsel with OCR 96 Filed: 10/19/2007, Entered: 10/19/2007 Certificate of Service/Counsel
CERTIFICATE of Service/Counsel Answers to Interrogatories/Requests to Produce by Terrance M Nofsinger on behalf of Freight Car Services, Inc. (Nofsinger, Terrance)
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Motion to Compel with OCR 95 Filed: 10/16/2007, Entered: 10/16/2007, Terminated: 11/7/2007 Motion to Compel
MOTION to Compel by Defendant Mark IV Industries, Inc. Responses due by 11/2/2007 (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Kearns, James)
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Motion to Compel with OCR 94 Filed: 10/15/2007, Entered: 10/15/2007, Terminated: 10/15/2007 Motion to Compel
MOTION to Compel by Defendant Mark IV Industries, Inc. Responses due by 11/1/2007 (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Kearns, James) DOCUMENT STRICKEN. Modified on 10/15/2007 (MT, ilcd).
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Blank -- Filed: 10/15/2007, Entered: 10/15/2007 Order on Motion to Compel
TEXT ORDER striking [94] Motion to Compel entered by Magistrate Judge David G. Bernthal on 10/15/07. Defendant Mark IV Industries has filed a Motion to Compel [94] which is unsigned. The Motion to Compel is STRICKEN, and the defendant is granted leave to re-file the document with the proper electronica signatures. (MT, ilcd)
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Blank -- Filed: 10/12/2007, Entered: 10/12/2007 Order
TEXT ORDER entered by Magistrate Judge David G. Bernthal on 10/12/07. A motion hearing regarding the pending motion to compel [92] and response [93] is scheduled for hearing by telephone on 10/23/07 @ 3:00 p.m. The court will initiate the call.(MT, ilcd)
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Response to Motion with OCR 93 Filed: 10/3/2007, Entered: 10/3/2007 Response to Motion
RESPONSE to Motion re [92] MOTION to Compel Answers to Interrogatories and Depositions MOTION for Extension of Time to Complete Discovery and to Join Motion to Compel filed by Plaintiff Paul Butcher. (Pravecek, Jody)
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Motion to Compel with OCR 92 Filed: 9/21/2007, Entered: 9/21/2007, Terminated: 10/23/2007 Motion to Compel
MOTION to Compel Answers to Interrogatories and Depositions, MOTION for Extension of Time to Complete Discovery by ThirdParty Plaintiff Ralph A. Hiller Company, Defendant Ralph A. Hiller Company. Responses due by 10/9/2007 (Attachments: # (1) Exhibit Certificate of Compliance, # (2) Exhibit Exhibit A, # (3) Exhibit Exhibit B)(Gilligan, John)
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Motion to Amend/Correct with OCR 91 Filed: 8/13/2007, Entered: 8/13/2007, Terminated: 8/13/2007 Motion to Amend/Correct
Joint MOTION to Amend/Correct [90] Scheduling Order, by Plaintiff Paul Butcher. Responses due by 8/30/2007 (Pravecek, Jody)
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Blank -- Filed: 8/13/2007, Entered: 8/13/2007 Set/Reset Deadlines:
Set/Reset Deadlines: Pursuant to the Text Order entered 8/13/07, Plaintiff shall disclose experts and provide expert reports by 10/1/2007. Defendants shall disclose experts and provide expert reports by 12/1/2007. Third Party Defendant shall disclose experts and provide expert reports by other deadline set of 1/1/2008. All parties must disclose experts and provide expert reports by miscellaneous deadline set of 2/1/2008. All discovery, including depositions of experts, is to be completed by 3/1/2008. The deadline for filing case dispositive motions shall be 3/15/2008. The previously scheduled final pretrial conference and jury trial dates remain unrevised. (VB, ilcd)
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Blank -- Filed: 8/13/2007, Entered: 8/13/2007 Order on Motion to Amend/Correct
TEXT ORDER entered by Magistrate Judge David G. Bernthal on 8/13/07. The Joint Request to Amend Discovery Order [91] is GRANTED. The proposed discovery deadlines outlined in the motion are adopted. The previously scheduled final pretrial conference and jury trial dates remain unrevised.(VB, ilcd)
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Scheduling Order with OCR 90 Filed: 1/24/2007, Entered: 1/24/2007 Scheduling OrderCourt Filing
DISCOVERY ORDER entered by Judge David G. Bernthal on 1/24/07. Final Pretrial Conference set for 5/22/2008 10:30 AM in Courtroom C before Magistrate Judge David G. Bernthal. Jury Selection/Jury Trial set for 6/2/2008 09:00 AM in Courtroom C before Magistrate Judge David G. Bernthal.(MT, ilcd)
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Blank -- Filed: 1/24/2007, Entered: 1/24/2007 Set/Reset Deadlines:
Set/Reset Deadlines: Pursuant to Discovery Order [90], Miscellaneous Deadline set 10/1/2007 for Third-Party Defendant to disclose experts and provide expert reports. (MT, ilcd)
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Notice of Appearance with OCR 89 Filed: 1/23/2007, Entered: 1/23/2007 Notice of Appearance
NOTICE of Appearance of Attorney by Terrance M Nofsinger on behalf of Freight Car Services, Inc. (Attachments: # (1) Entry of Appearance)(Nofsinger, Terrance)
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Blank -- Filed: 1/23/2007, Entered: 1/23/2007 Order Striking/Vacating Document
ORDER STRIKING DOCUMENT entered by Judge David G. Bernthal on 1/23/07. Freight Car Services, Inc. Notice of Appearance of Attorney by Terrance M. Nofsinger [87] is blank and therefore STRICKEN. Atty Nofsinger is granted leave to refile his corrected entry of appearance. (VB, ilcd)
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Certificate Of Service. with OCR 88 Filed: 1/22/2007, Entered: 1/22/2007 Certificate Of Service.
CERTIFICATE OF SERVICE by Michel & Cully Claim Services (Long, James)
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Blank -- Filed: 1/19/2007, Entered: 1/19/2007 Scheduling Conference
Minute Entry for proceedings held before Judge David G. Bernthal. Scheduling Conference held on 1/19/2007. Appearance of plaintiff by Jody Pravecek. Appearance of defendant Mark IV Industries, Inc by James Kearns. Appearance of defendant/third party plaintiff/cross defendant Ralph A Hiller Co by John Gilligan. Appearance of third party plaintiff Freight Car Services by Barbara Delanois. Appearance of third party defendant Michel & Cully Claim Services by James Long. Appearance of third party defendant Freight Car Services by Charles Knell/Jim Ellman for Donald Devitt/Terrance Nofsinger. Dates discussed. Written Order to be entered. (Tape #UR-C 10:37.) (SLJ, ilcd)
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Notice of Appearance with OCR 87 Filed: 1/10/2007, Entered: 1/10/2007, Terminated: 1/23/2007 Notice of Appearance
NOTICE of Appearance of Attorney by Terrance M Nofsinger on behalf of Freight Car Services, Inc. (Nofsinger, Terrance) Modified on 1/23/2007 to reflect that this document is STRICKEN (VB, ilcd).
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Blank -- Filed: 1/4/2007, Entered: 1/4/2007 Order
TEXT ORDER entered by Judge David G. Bernthal on 1/4/07 that this matter is scheduled for a Rule 16 Scheduling Conference by personal appearance before U.S. Magistrate Judge David G. Bernthal on January 19, 2007, at 10:30 a.m., Courtroom C, U.S. Courthouse, 201 South Vine Street, Urbana, Illinois. Primary trial counsel for each party shall attend and be prepared to discuss all issues listed in Rule 16 and 26 Fed.R.Civ.P.(MT, ilcd)
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Certificate of Service/Counsel with OCR 86 Filed: 1/3/2007, Entered: 1/3/2007 Certificate of Service/Counsel
CERTIFICATE of Service/Counsel Michel & Cully Claims Services' Interrogatories to Freight Car Services by James E Long, III on behalf of Michel & Cully Claim Services (Long, James)
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Certificate with OCR 85 Filed: 12/7/2006, Entered: 12/7/2006 Certificate
CERTIFICATE of Service for Mark IV Industries, Inc.'s Answers to Interrogatories of Plaintiff; Response to Request to Produce of Plaintiff; Response to Supplemental Request for Production of Plaintiff; Answers to Freight Car Services' Interrogatories and Response to Requests for Production of Freight Car. (Kearns, James)
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Blank -- Filed: 11/28/2006, Entered: 11/28/2006 Status Conference
Minute Entry for proceedings held before Judge David G. Bernthal : Status Conference held on 11/28/2006. Appearance of plaintiff by Jody Pravecek; appearance of defendant Mark IV Industries by James Kearns; appearance of defendant Ralph A. Hiller Company by Anne Riegle for John Gilligan; appearance of third-party plaintiff Freight Car Services by Barbara Delanois; appearance of third-party defendant Michel & Cully Claim Services by James Long; appearance of third-party defendant Freight Car Services by Darcy Gibson for Charles Knell and Jim Ellman for Donald Devitt. Status of case discussed. Summary Jury trial option discussed. Parties given 14 days to submit discovery plan to the Court. Miscellaneous Deadline 12/12/2006.(Tape #C385: 3575-4876.) (MT, ilcd)
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Certificate with OCR 84 Filed: 11/16/2006, Entered: 11/16/2006 Certificate
CERTIFICATE of Service for Mark IV Industries' Supplemental Interrogatories to Paul Butcher. (Kearns, James)
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Certificate with OCR 83 Filed: 11/16/2006, Entered: 11/16/2006 Certificate
CERTIFICATE of Service for Mark IV Industries' Interrogatories to Freight Car Services. (Kearns, James)
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Certificate with OCR 82 Filed: 11/16/2006, Entered: 11/16/2006 Certificate
CERTIFICATE of Service for Mark IV Industries' Request to Produce and Interrogatories to Ralph A. Hiller Company. (Kearns, James)
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Certificate with OCR 81 Filed: 11/16/2006, Entered: 11/16/2006 Certificate
CERTIFICATE of Service for Mark IV Industries' Interrogatories to Michel & Cully. (Kearns, James)
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Blank -- Filed: 11/16/2006, Entered: 11/16/2006 Order
TEXT ORDER entered by Judge David G. Bernthal on 11/16/06. The telephone status scheduled for 11/28/06 @ 2:30 p.m. is RESET to 11/28/06 @ 9:30 a.m. The Court will initiate the call. (MT, ilcd)
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Blank -- Filed: 11/14/2006, Entered: 11/14/2006 Order
TEXT ORDER entered by Judge David G. Bernthal on 11/14/06. A telephone status conference is scheduled for 11/28/06 @ 2:30 p.m. The Court will initiate the call.(MT, ilcd)
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Blank -- Filed: 11/9/2006, Entered: 11/13/2006 Settlement Conference
Minute Entry for proceedings held before Judge John A. Gorman : Parties present in chambers for settlement conference on Thursday, 11/9/06 by Atty Jody Pravecek for Plaintiff, Atty James Kearns and Craig Befort for Dft Mark IV Industries, Inc, Atty Kimberly Vereb and Peter Vangieson for dft and Third Party Plaintiff Ralph A. Hiller Company. Atty Barbara L Delanois, Denny Knell and Darcy Gibson for Third Party Plaintiff Freight Car Services, Inc. Atty James E Long, III for Third Party Defendant Michel & Cully Claim Services. Settlement Conference held, No Settlement Reached. (SM, ilcd)
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Blank -- Filed: 9/20/2006, Entered: 9/20/2006 Order
TEXT ONLY ORDER by Judge John A. Gorman : Settlement Conference set for Thursday, 11/9/2006 at 10:30 AM in person in chambers in Peoria before Magistrate Judge John A. Gorman. Persons with settlement authority to be present in person. Parties to submit directly to chambers a settlement statement stating their position in regard to settlement by 11/6/06. This shall include history of offers and demands along with a brief statement of position on facts and legal issues. Do not file this statement with the clerk office or exchange with opposing parties. Parties have leave of court to fax the statement directly to chambers at 309-671-7141. Entered on 9/20/06. (WW, ilcd)
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Blank -- Filed: 9/7/2006, Entered: 9/7/2006 Status Conference
Minute Entry for proceedings held before Judge David G. Bernthal : Status Conference held on 9/7/2006. Appearance of plaintiff by Jody Pravecek; appearance of Mark IV Industries, Inc, by James Kearns; appearance of Ralph A. Hiller Company by John Gilligan; appearance of Freight Car Services, Inc, by Barbara Delanois/Charles Knell/Darcy Gibson/Jim Ellman for Donald Devitt; appearance of Michel & Cully Claim Services by James Long for Richard Chapin. Parties report they are ready to schedule settlement conference with Judge Gorman. Court will schedule a follow-up status conference after settlement conference takes place. (Tape #C361: 2565-3964.) (MT, ilcd)
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Notice of Appearance with OCR 80 Filed: 9/6/2006, Entered: 9/6/2006 Notice of Appearance
NOTICE of Appearance of Attorney by James E Long, III on behalf of Michel & Cully Claim Services (Long, James)
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Certificate with OCR 79 Filed: 7/26/2006, Entered: 7/26/2006 Certificate
CERTIFICATE of Service for Mark IV's Response to Michel & Cully's Request to Produce. (Kearns, James)
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Answer to Crossclaim with OCR 78 Filed: 7/25/2006, Entered: 7/25/2006 Answer to Crossclaim
ANSWER to Crossclaim by Cross Defendant Mark IV Industries, Inc.(Kearns, James)
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Blank -- Filed: 6/27/2006, Entered: 6/27/2006 Order on Motion to Withdraw as Attorney
TEXT ORDER entered by Judge David G. Bernthal on 6/27/06. Plaintiff's Motion to Withdraw by Esther Joy Schwartz [76] is GRANTED. Atty Esther Joy Schwartz is terminated from this case. (MT, ilcd)
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~Notice (other) with OCR 77 Filed: 6/26/2006, Entered: 6/26/2006 ~Notice (other)
NOTICE OF FILING Motion to Withdraw by Ralph A. Hiller Company, Ralph A. Hiller Company, Ralph A. Hiller Company, Ralph A. Hiller Company, Ralph A. Hiller Company (MT, ilcd)
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Motion to Withdraw as Attorney with OCR 76 Filed: 6/26/2006, Entered: 6/26/2006, Terminated: 6/27/2006 Motion to Withdraw as Attorney
MOTION to Withdraw as Attorney by Esther Joy Schwartz for ThirdParty Plaintiff Ralph A. Hiller Company, Cross Claimants Ralph A. Hiller Company, Ralph A. Hiller Company, Cross Defendant Ralph A. Hiller Company, Defendant Ralph A. Hiller Company. Responses due by 7/10/2006 (MT, ilcd)
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Blank -- Filed: 6/22/2006, Entered: 6/22/2006 Status Conference
Minute Entry for proceedings held before Judge David G. Bernthal. Telephone Status Conference held on 6/22/2006. Appearance of plaintiff by Jody Pravecek. Appearance of defendant Mark IV Industries Inc by James Kearns. Appearance on behalf of Ralph A. Hiller Company by Kimberly Vereb. Appearance of 3/p Plaintiff Freight Car Services by Barbara Delanois. Appearance of 3/p Defendant Michel & Cully Claim Services by Richard Chapin. Appearance of 3/p Defendant Freight Car Services by Darcy Gibson and Donald Devitt. Status of discovery discussed. Matter set for further Status Conference for 9/7/2006 at 10:00 AM by telephone (court will place call) before Magistrate Judge David G. Bernthal. (Tape #C350:1387-2174.) (SLJ, ilcd)
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Blank -- Filed: 6/8/2006, Entered: 6/8/2006 Order
TEXT ORDER entered by Judge David G. Bernthal on 6/8/06. A telephone status conference is scheduled for 6/22/06 @ 10:00 a.m. The Court will initiate the call.(MT, ilcd)
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Certificate Of Service. with OCR 75 Filed: 5/30/2006, Entered: 5/30/2006 Certificate Of Service.
CERTIFICATE OF SERVICE by Michel & Cully Claim Services (Chapin, Richard)
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Crossclaim with OCR 74 Filed: 4/27/2006, Entered: 4/27/2006 Crossclaim
AMENDED CROSSCLAIM FOR CONTRIBUTION AND INDEMNITY against Mark IV Industries, Inc, filed by Ralph A. Hiller Company.(MT, ilcd)
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Blank -- Filed: 4/27/2006, Entered: 4/27/2006 Order on Motion For Leave to File.
TEXT ORDER entered by Judge David G. Bernthal on 4/27/06. Defendant Ralph A. Hiller Company's Motion for Leave to File [73] is GRANTED. The Clerk of Court is directed to extract and e:file the Defendant's proposed Amended Cross-Claim for Contribution against Mark IV Industries, Inc. (MT, ilcd)
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Motion for Leave to File with OCR 73 Filed: 4/7/2006, Entered: 4/7/2006, Terminated: 4/27/2006 Motion for Leave to File
MOTION for Leave to File Amended Cross-Claim for Contribution by Cross Claimant Ralph A. Hiller Company. Responses due by 4/21/2006 (Attachments: # (1) Exhibit A)(Gilligan, John)
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Answer to Third-Party Complaint with OCR 72 Filed: 3/27/2006, Entered: 3/27/2006 Answer to Third-Party Complaint
ANSWER to Third Party Complaint by ThirdParty Defendant Michel & Cully Claim Services.(Chapin, Richard)
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Motion for Extension of Time to File Answer with OCR 71 Filed: 3/14/2006, Entered: 3/14/2006, Terminated: 3/14/2006 Motion for Extension of Time to File Answer
MOTION for Extension of Time to File Answer re [63] Third Party Complaint, MOTION to Vacate Technical Default by ThirdParty Defendant Michel & Cully Claim Services. Responses due by 3/28/2006 Responses due by 3/28/2006 (Chapin, Richard)
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Blank -- Filed: 3/14/2006, Entered: 3/14/2006 Set/Reset Deadlines:
Set/Reset Deadlines: Answer to Third-Party Complaint deadline set for 3/27/06 pursuant to Text Order of 3/14/06. (MT, ilcd)
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Blank -- Filed: 3/14/2006, Entered: 3/14/2006 Order on Motion for Extension of Time to Answer
TEXT ORDER entered by Judge David G. Bernthal on 3/14/06. Third-party Defendant Michael & Cully Claim Services' Motion to Vacate Technical Default and Motion for Extension of Time [71] is GRANTED. Defendant Michael & Cully Claim Services' deadline to answer or otherwise respond to the Third Party Complaint is extended to 3/27/06. (MT, ilcd)
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Notice of Appearance with OCR 70 Filed: 3/13/2006, Entered: 3/13/2006 Notice of Appearance
NOTICE of Appearance of Attorney by Richard A Chapin on behalf of Michel & Cully Claim Services (Chapin, Richard)
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Blank -- Filed: 3/3/2006, Entered: 3/3/2006 Order on Motion for Extension of Time to Complete
TEXT ORDER entered by Judge David G. Bernthal on 3/3/06. In light of this Court's recent text order vacating the final pretrial conference and jury trial, the pending motion for extension of time to complete discovery [48] is deemed MOOT. (MT, ilcd)
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Blank -- Filed: 3/3/2006, Entered: 3/3/2006 Order
TEXT ORDER entered by Judge David G. Bernthal on 3/3/06. In light of the recently filed Third Party Complaint and awaited service upon the Third-Party Defendant Michel & Cully Claim Services, this Court vacates the previously scheduled final pretrial conference of 4/13/06 @ 10:00 a.m. and jury trial of 5/1/06 @ 9:00 a.m. Per the 2/23/06 hearing minutes, "once an appearance is filed, case will be set for further status conference"and a new scheduling order will be approved.(MT, ilcd) Modified on 3/3/2006 to correct typographical error. (MT, ilcd).
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Blank -- Filed: 2/23/2006, Entered: 2/23/2006 Order on Motion to Dismiss
TEXT ORDER entered by Judge David G. Bernthal on 2/23/06. Pursuant to Minute Entry of 2/23/06, the Court grants [69] Motion to Dismiss. (MT, ilcd)
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Blank -- Filed: 2/23/2006, Entered: 2/23/2006 Status Conference
Minute Entry for proceedings held before Judge David G. Bernthal : Status Conference held on 2/23/2006. Appearance of plaintiff by Jody Pravecek; appearance of Defendant Mark IV by James Kearns; appearance of defendant Ralph A. Hiller Company by Kimberly Vereb; appearance of third-party plaintiff Freight Car Services, Inc by Barbara Delanois; appearance of third-party defendant Freight Car Services Inc by Darcy Gibson for Charles Knell/Donald Devitt. Appearance of third-party defendant Michel & Cully Claim Services discussed. Once an appearance is filed, case will be set for further status conference. Possible mediation discussed. Motion to Dismiss [69] is GRANTED. Third party defendant Broadspire Service Inc terminated. (Tape #C330:1570 - 2406.) (MT, ilcd)
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Blank -- Filed: 2/14/2006, Entered: 2/14/2006 Notice of Hearing.
NOTICE of Hearing: Status Conference set for 2/23/2006 9:30 a.m. by telephone (court will place call) before Magistrate Judge David G. Bernthal. The purpose of the hearing is to approve a new scheduling order.(TC, ilcd)
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Blank -- Filed: 2/2/2006, Entered: 2/2/2006 Notice of Docket Text or Event Modification
Notice of Docket Text or Event Modification. The Text Order entered 2/2/06 was modified to change Judge Harold A. Baker to Judge David G. Bernthal. (MT, ilcd)
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Blank -- Filed: 2/2/2006, Entered: 2/2/2006 Order on Motion for Leave to Appear
TEXT ORDER entered by Judge David G. Bernthal on 2/2/06. Third-Party Defendant, Freight Car Service, Inc.'s Motion for Leave to File Substitute Appearance [68] is GRANTED. The Clerk of Court is directed to substitute Attorney Donald Devitt for Attorney Barbara L. Delanois as Third-Party Defendant Freight Car Service Inc.'s counsel. (MT, ilcd) Modified on 2/2/2006 to change Judge Harold A. Baker to Judge David G. Bernthal. (MT, ilcd).
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Motion to Dismiss with OCR 69 Filed: 2/1/2006, Entered: 2/1/2006, Terminated: 2/23/2006 Motion to Dismiss
MOTION to Dismiss Broadspire Services, Inc. as a Third-Party Defendant by ThirdParty Defendant Freight Car Services, Inc.. Responses due by 2/15/2006 (Devitt, Donald)
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Motion for Leave to Appear with OCR 68 Filed: 2/1/2006, Entered: 2/1/2006, Terminated: 2/2/2006 Motion for Leave to Appear
MOTION for Leave to Appear Substitute by ThirdParty Defendant Freight Car Services, Inc.. Responses due by 2/15/2006 (Devitt, Donald)
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Summons Returned Executed (20 days to answer) with OCR 67 Filed: 1/13/2006, Entered: 1/13/2006 Summons Returned Executed (20 days to answer)
SUMMONS Returned Executed by Freight Car Services, Inc.. Michel & Cully Claim Services served on 1/11/2006, answer due 1/31/2006. (Delanois, Barbara)
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Summons Issued with OCR 66 Filed: 1/5/2006, Entered: 1/5/2006 Summons Issued
Third-Party Summons Issued as to Third-Party Defendant Michel & Cully Claim Services and returned to Third-Party Plaintiff for service. (MT, ilcd)
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Certificate with OCR 65 Filed: 10/31/2005, Entered: 10/31/2005 Certificate
CERTIFICATE of Service of Answers to Interrogatories and Request for Production as directed by Mark IV Industries, Inc.. (Delanois, Barbara)
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~Notice (other) with OCR 64 Filed: 10/27/2005, Entered: 10/27/2005 ~Notice (other)
NOTICE by Freight Car Services, Inc. (Delanois, Barbara)
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Third-Party Complaint with OCR 63 Filed: 10/26/2005, Entered: 10/26/2005 Third-Party Complaint
THIRD PARTY COMPLAINT against Broadspire, Michel & Cully Claim Services, filed by Freight Car Services, Inc., Third Party Plaintiff. (Attachments: # (1))(Delanois, Barbara)
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Third-Party Complaint with OCR 62 Filed: 10/26/2005, Entered: 10/26/2005 Third-Party Complaint
THIRD PARTY COMPLAINT against Broadspire Services, Inc., Broadspire Services, Inc., filed by Freight Car Services, Inc..(Delanois, Barbara) THIS DOCUMENT IS STRICKEN PURSUANT TO TEXT ORDER ENTERED 10/26/05. Modified on 10/26/2005 (MT, ilcd).
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Blank -- Filed: 10/26/2005, Entered: 10/26/2005 Order on Motion to Strike
TEXT ORDER entered by Judge David G. Bernthal on 10/26/05. Atty Delanois's oral motion to STRIKE the Third Party Complaint (#62) is GRANTED. Before refiling the third party complaint again, she must phone the U.S. District Clerk's office at 217/373-5830 for guidance.(MT, ilcd)
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Blank -- Filed: 10/26/2005, Entered: 10/26/2005, Terminated: 10/26/2005 Motion to Strike
ORAL MOTION to Strike Third Party Complaint [62] by ThirdParty Plaintiff Freight Car Services, Inc. as it was filed erroneously. Responses due by 11/9/2005 (MT, ilcd) Modified on 10/26/2005 to add text "as it was filed erroneously." (MT, ilcd).
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Blank -- Filed: 10/26/2005, Entered: 10/26/2005 Order Striking/Vacating Document
ORDER STRIKING DOCUMENT entered by Judge David G. Bernthal on 10/26/05. Freight Car Services, Inc. recently e:filed it's Third Party Complaint (#61). That document is STRICKEN. The complaint lists Broadspire, Inc. as Third Party Defendant but Attorney Delanois entered the filer into CM/ECF as CT Corporation Broadspire Services, Inc. The Court is uncertain as to the correct identity of Third Party Defendant and directs Atty Delanois to refile the Third Party Complaint. In addition, counsel is cautioned to follow this Courts Civ. Adm. Procedures (available online at www.ilcd.uscourts.gov), specifically p. 17 regarding electronic signatures and address blocks and Form C regarding certificates of service. Certificates of service should reflect which party receives service electronically and which party receives service by U.S. mail. If the filer has questions, they may contact the U.S. District Clerk's office at 217/373-5830. (MT, ilcd) Modified on 10/26/2005 to correct typographical error. (MT, ilcd).
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Third-Party Complaint with OCR 61 Filed: 10/25/2005, Entered: 10/25/2005, Terminated: 10/26/2005 Third-Party Complaint
THIRD PARTY COMPLAINT against CT Corporation Broadspire Services, Inc., Michel & Cully Claims Service, filed by Freight Car Services, Inc.. (Attachments: # (1) Exhibit Exhibits A and B to FCS Third Party Complaint)(Delanois, Barbara)THIS DOCUMENT IS STRICKEN PURSUANT TO TEXT ORDER ENTERED 10/26/05. Modified on 10/26/2005 (MT, ilcd).
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Blank -- Filed: 10/25/2005, Entered: 10/25/2005 Order on Motion For Leave to File.
TEXT ORDER granting [54] Motion for Leave to File pursuant to Minute Entry of 10/25/05. Entered by Judge David G. Bernthal on 10/25/05. (MT, ilcd)
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Blank -- Filed: 10/25/2005, Entered: 10/25/2005 Status Conference
Minute Entry for proceedings held before Judge David G. Bernthal : Status Conference held on 10/25/2005. Appearance of plaintiff by Jody Pravecek; appearance of defendant/cross claimant/cross defendant Mark IV Industries by James Kearns; appearance of defendant/third-party plaintiff/cross claimant/cross-defendant Ralph A. Hiller Company by Kimberly Vereb; appearance of third-party defendant Freight Car Services Barbara Delanois. The Court advises parties of the ruling on the Motion for Leave to file third-party complaint [54]. The Motion [54] is granted. Supplemental Rule 16 conference to be scheduled following appearance of counsel for new party. (Tape #C305:1548-2017.) (MT, ilcd)
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Blank -- Filed: 10/19/2005, Entered: 10/19/2005 Order
TEXT ORDER entered by Judge David G. Bernthal on 10/19/05. Per Atty Kearns' request and his representation that all parties are in agreement, a telephone status conference is scheduled for 10/25/05 @ 3:30 p.m. The Court will initiate the call. (MT, ilcd)
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Blank -- Filed: 10/19/2005, Entered: 10/19/2005 Order on Motion to Substitute Attorney
TEXT ORDER entered by Judge David G. Bernthal on 10/19/05. The Substitution of Attorneys for Third Party Defendant Under Count II of Third Party Complaint (#59) is GRANTED. Atty Delanois is substituted for Atty Knell. Attorneys are cautioned to follow this court's Civ. Adm. Pro. (available online at www.ilcd.uscourts.gov), specifically p. 17 regarding electronic signatures and Form C regarding certificates of service. Future documents may be stricken if they are not compliance in this Court's rules. (MT, ilcd)
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Certificate Of Service. with OCR 60 Filed: 10/14/2005, Entered: 10/14/2005 Certificate Of Service.
CERTIFICATE OF SERVICE by Freight Car Services, Inc. re [59] MOTION to Substitute Attorney, Charles D. Knell to be replaced by Barbara L. Delanois, (Delanois, Barbara)
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Motion to Substitute Attorney with OCR 59 Filed: 10/14/2005, Entered: 10/14/2005, Terminated: 10/19/2005 Motion to Substitute Attorney
MOTION to Substitute Attorney, Charles D. Knell to be replaced by Barbara L. Delanois, by ThirdParty Defendant Freight Car Services, Inc.. Responses due by 10/28/2005 (Delanois, Barbara)
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Affirmative Defenses with OCR 58 Filed: 10/4/2005, Entered: 10/4/2005 Affirmative Defenses
RESPONSE to Ralph Hiller Company's Affirmative Defenses by Plaintiff Paul Butcher. (Pravecek, Jody) Modified on 10/4/2005 to change Affirmative Defenses to Response. (MT, ilcd).
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Affirmative Defenses with OCR 57 Filed: 10/4/2005, Entered: 10/4/2005 Affirmative Defenses
RESPONSE to Mark IV Industries Affirmative Defenses by Plaintiff Paul Butcher. (Pravecek, Jody) Modified on 10/4/2005 to change Affirmative Defenses to Response. (MT, ilcd).
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Blank -- Filed: 10/4/2005, Entered: 10/4/2005 Notice of Docket Text or Event Modification
Notice of Docket Text or Event Modification. Documents 57 and 58, Affirmative Defenses Answers to Affirmative Defenses filed by plaintiff were modified to change "affirmative defenses" to "response". Answers to affirmative defenses should be filed as a response, not as affirmative defenses. (MT, ilcd)
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Certificate Of Service. with OCR 56 Filed: 9/23/2005, Entered: 9/23/2005 Certificate Of Service.
CERTIFICATE OF SERVICE by Freight Car Services, Inc. (Delanois, Barbara)
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Certificate Of Service. with OCR 55 Filed: 9/23/2005, Entered: 9/23/2005 Certificate Of Service.
CERTIFICATE OF SERVICE by Freight Car Services, Inc. (Delanois, Barbara)
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Blank -- Filed: 9/21/2005, Entered: 9/21/2005 Notice of Docket Text or Event Modification
Notice of Docket Text or Event Modification. Answer to Amended Complaint [53] by Ralph A. Hiller Company modified on 9/21/05 to add "And Affirmative Defenses." (MT, ilcd)
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Motion for Leave to File with OCR 54 Filed: 9/20/2005, Entered: 9/20/2005, Terminated: 10/25/2005 Motion for Leave to File
MOTION for Leave to File by ThirdParty Defendant Freight Car Services, Inc.. Responses due by 10/4/2005 (Attachments: # (1))(Delanois, Barbara)
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Answer to Amended Complaint with OCR 53 Filed: 9/14/2005, Entered: 9/14/2005 Answer to Amended Complaint
ANSWER AND AFFIRMATIVE DEFENSES to Amended Complaint by Defendant Ralph A. Hiller Company.(Gilligan, John) Modified on 9/21/2005 to add "And Affirmative Defenses" (MT, ilcd).
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Answer to Amended Complaint with OCR 52 Filed: 9/14/2005, Entered: 9/14/2005 Answer to Amended Complaint
ANSWER to Amended Complaint and Affirmative Defenses by Defendant Mark IV Industries, Inc.(Kearns, James)
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Blank -- Filed: 9/12/2005, Entered: 9/12/2005 Motion Hearing
Minute Entry for proceedings held before Judge David G. Bernthal : Motion Hearing held on 9/12/2005 re [48] MOTION for Extension of Time to Complete Discovery filed by Paul Butcher. Appearance of plaintiff by Jody Pravecek; appearance of defendant Mark IV by Richard Klaus for James Kearns; appearance of Ralph A. Hiller Company by Kimberly Vereb; appearance of Freight Car Services by Darcy Schindler for Charles Knell and Barbara Delanois. Atty Delanois requests leave of court to file third-party complaint. Court directs request be put in writing within 14 days. Motion for Extension of Time to Complete Discovery [48] remains pending. (Tape #C298:3073-3511.) (MT, ilcd)
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Notice of Appearance with OCR 51 Filed: 9/7/2005, Entered: 9/7/2005 Notice of Appearance
NOTICE of Appearance of Attorney by Barbara L Delanois on behalf of Freight Car Services, Inc. (Delanois, Barbara)
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Notice of Appearance with OCR 50 Filed: 9/7/2005, Entered: 9/7/2005 Notice of Appearance
NOTICE of Appearance of Attorney by Barbara L Delanois on behalf of Freight Car Services, Inc. (Delanois, Barbara)
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Blank -- Filed: 9/2/2005, Entered: 9/2/2005 Order on Motion for Extension of Time to Complete
TEXT ORDER taking under advisement [48] Motion for Extension of Time to Complete Discovery . Entered by Judge David G. Bernthal on 9/2/05. (MT, ilcd)
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Blank -- Filed: 9/2/2005, Entered: 9/2/2005 Motion Hearing
Minute Entry for proceedings held before Judge David G. Bernthal : Motion Hearing held on 9/2/2005 re [48] MOTION for Extension of Time to Complete Discovery filed by Paul Butcher. Appearance of plaintiff by Jody Pravecek; appearance of defendant Mark IV by James Kearns; appearance of defendant Ralph A. Hiller Company by Kimberly Vereb; appearance of third-party defendant Freight Car Services, Inc., by Charles Knell. Motion taken under advisement. Further Motion Hearing set for 9/12/2005 02:00 PM by telephone (court will place call) before Magistrate Judge David G. Bernthal. (Tape #C297:2015-3692.) (MT, ilcd) Modified on 9/6/2005 to add ending time on Tape C297. (MT, ilcd).
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Amended Complaint with OCR 49 Filed: 8/25/2005, Entered: 8/25/2005 Amended Complaint
AMENDED COMPLAINT against Mark IV Industries, Inc, Ralph A. Hiller Company, filed by Paul Butcher.(MT, ilcd)
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Blank -- Filed: 8/25/2005, Entered: 8/25/2005 Order on Motion For Leave to File.
TEXT ORDER entered by Judge David G. Bernthal on 8/25/05. Plaintiff's motion to file amended complaint (#47) is GRANTED. The Clerk of Court is directed to extract and e:file the amended complaint attached to the motion. (MT, ilcd)
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Blank -- Filed: 8/25/2005, Entered: 8/25/2005 Order on Motion to Substitute Attorney
TEXT ORDER entered by Judge David G. Bernthal on 8/25/05. Plaintiff's motion to substitute attorneys (#46) is GRANTED. The law firm of Cogan & McNabola, P.C. (Jody Pravecek) will replace the law firm of Kopulous & Lowe (Kevin Gallagher). Attorney Kevin R Gallagher terminated. (MT, ilcd)
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Blank -- Filed: 8/25/2005, Entered: 8/25/2005 Notice of Hearing on Motion
NOTICE of Hearing on Motion [48] MOTION for Extension of Time to Complete Discovery: Motion Hearing set for 9/2/2005 02:00 PM in by telephone (court will place call) before Magistrate Judge David G. Bernthal. (TC, ilcd)
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Motion for Extension of Time to Complete Discovery with OCR 48 Filed: 8/3/2005, Entered: 8/3/2005, Terminated: 3/3/2006 Motion for Extension of Time to Complete Discovery
MOTION for Extension of Time to Complete Discovery by Plaintiff Paul Butcher. Responses due by 8/17/2005 (Pravecek, Jody)
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Motion for Leave to File with OCR 47 Filed: 8/3/2005, Entered: 8/3/2005, Terminated: 8/25/2005 Motion for Leave to File
MOTION for Leave to File First Amended Complaint at Law by Plaintiff Paul Butcher. Responses due by 8/17/2005 (Attachments: # (1) Exhibit First Amended Complaint at Law)(Pravecek, Jody)
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Motion to Substitute Attorney with OCR 46 Filed: 8/3/2005, Entered: 8/3/2005, Terminated: 8/25/2005 Motion to Substitute Attorney
MOTION to Substitute Attorney, Kopulous & Lowe, P.C. to be replaced by Cogan & McNabola, P.C., Jody B. Pravecek by Plaintiff Paul Butcher. Responses due by 8/17/2005 (Pravecek, Jody)
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Blank -- Filed: 8/2/2005, Entered: 8/2/2005 Order on Motion to Substitute Attorney
TEXT ORDER striking [43] Motion to Substitute Attorney., striking [44] Motion for Extension of Time to Complete Discovery, striking [45] Motion for Leave to File pursuant to Text Order of 8/2/05. Entered by Judge David G. Bernthal on 8/2/05. (MT, ilcd)
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Blank -- Filed: 8/2/2005, Entered: 8/2/2005 Order
TEXT ORDER entered by Judge David G. Bernthal on 8/2/05. Plaintiff's counsel recently e:filed three documents (#43, #44, and #45). None of those documents include electronic signatures or certificates of service and are STRICKEN. Plaintiff is granted leave to refile the documents following this Court's Civil Administrative Procedures (available online at www.ilcd.uscourts.gov), specifically p. 17 for signatures blocks and Form C for certificates of services.(MT, ilcd)
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Motion for Leave to File with OCR 45 Filed: 8/1/2005, Entered: 8/1/2005, Terminated: 8/2/2005 Motion for Leave to File
First MOTION for Leave to File First Amended Complaint at Law by Plaintiff Paul Butcher. Responses due by 8/15/2005 (Attachments: # (1) Exhibit First Amended Complaint at Law)(Pravecek, Jody) THIS DOCUMENT IS STRICKEN PURSUANT TO TEXT ORDER 8/2/05. Modified on 8/2/2005.(MT, ilcd).
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Motion for Extension of Time to Complete Discovery with OCR 44 Filed: 8/1/2005, Entered: 8/1/2005, Terminated: 8/2/2005 Motion for Extension of Time to Complete Discovery
First MOTION for Extension of Time to Complete Discovery by Plaintiff Paul Butcher. Responses due by 8/15/2005 (Pravecek, Jody) THIS DOCUMENT IS STRICKEN PURSUANT TO TEXT ORDER 8/2/05. Modified on 8/2/2005.(MT, ilcd).
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Motion to Substitute Attorney with OCR 43 Filed: 8/1/2005, Entered: 8/1/2005, Terminated: 8/2/2005 Motion to Substitute Attorney
First MOTION to Substitute Attorney, Kopulous & Lowe, P.C. to be replaced by Cogan & McNabola, P.C., Jody Pravecek by Plaintiff Paul Butcher. Responses due by 8/15/2005 (Pravecek, Jody) THIS DOCUMENT IS STRICKEN PURSUANT TO TEXT ORDER 8/2/05. Modified on 8/2/2005. (MT, ilcd).
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Motion to Substitute Attorney with OCR 42 Filed: 7/20/2005, Entered: 7/20/2005, Terminated: 7/20/2005 Motion to Substitute Attorney
MOTION to Substitute Attorney, Lloyd R. McCumber to be replaced by Charles D. Knell, by ThirdParty Defendant Freight Car Services, Inc.. Responses due by 8/3/2005 (Knell, Charles)
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Blank -- Filed: 7/20/2005, Entered: 7/20/2005 Order on Motion to Substitute Attorney
TEXT ORDER entered by Judge David G. Bernthal on 7/20/05. The motion to substitute attorney, Lloyd R. McCumber to be replaced by Charles D. Knell, by ThirdParty Defendant Freight Car Services, Inc. (#42) is GRANTED. Attorney Lloyd R McCumber terminated.(MT, ilcd)
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Answer to Crossclaim with OCR 41 Filed: 5/11/2005, Entered: 5/11/2005 Answer to Crossclaim
ANSWER to Crossclaim by Defendant Ralph A. Hiller Company.(Gilligan, John)
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Answer to Crossclaim with OCR 40 Filed: 5/11/2005, Entered: 5/11/2005 Answer to Crossclaim
ANSWER to Crossclaim for Contribution by Cross Defendant Mark IV Industries, Inc.(Kearns, James)
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Crossclaim with OCR 39 Filed: 5/11/2005, Entered: 5/11/2005 Crossclaim
CROSSCLAIM for Contribution against Ralph A. Hiller Company, filed by Mark IV Industries, Inc.(Kearns, James)
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Crossclaim with OCR 38 Filed: 5/10/2005, Entered: 5/10/2005 Crossclaim
CROSSCLAIM against Mark IV Industries, Inc, filed by Ralph A. Hiller Company.(Gilligan, John)
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Blank -- Filed: 5/10/2005, Entered: 5/10/2005 Order on Motion For Leave to File.
TEXT ORDER granting [37] Motion for Leave to File Cross-Claim for Contribution by Defendant Mark IV Industries, Inc. Defendant Mark IV Industries, Inc. is directed to e:file its cross-claim. Entered by Judge David G. Bernthal on 5/10/05.
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Blank -- Filed: 5/10/2005, Entered: 5/10/2005 Order on Motion For Leave to File.
TEXT ORDER granting [36] Motion for Leave to File Cross-Claim for Contribution by Defendant Ralph A. Hiller Company. Defendant Ralph A. Hiller Company is directed to e:file his cross-claim. Entered by Judge David G. Bernthal on 5/10/05. (TC, ilcd)
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Motion for Leave to File with OCR 37 Filed: 4/12/2005, Entered: 4/12/2005, Terminated: 5/10/2005 Motion for Leave to File
MOTION for Leave to File Cross-Claim for Contribution by Defendant Mark IV Industries, Inc. Responses due by 4/26/2005 (Attachments: # (1) Exhibit A)(Kearns, James)
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Motion for Leave to File with OCR 36 Filed: 4/12/2005, Entered: 4/12/2005, Terminated: 5/10/2005 Motion for Leave to File
MOTION for Leave to File Cross-Claim for Contribution by Defendant Ralph A. Hiller Company. Responses due by 4/26/2005 (Gilligan, John)
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Answer to Third-Party Complaint with OCR 35 Filed: 4/11/2005, Entered: 4/11/2005 Answer to Third-Party Complaint
ANSWER to Third Party Complaint by ThirdParty Defendant Freight Car Services, Inc..(McCumber, Lloyd)
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Answer to Third-Party Complaint with OCR 34 Filed: 2/1/2005, Entered: 2/1/2005 Answer to Third-Party Complaint
ANSWER AND AFFIRMATIVE DEFENSES to Third Party Complaint by ThirdParty Defendant Freight Car Services, Inc..(MT, ilcd)
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Notice of Appearance with OCR 33 Filed: 2/1/2005, Entered: 2/1/2005 Notice of Appearance
NOTICE of Appearance of Attorney by Lloyd R McCumber on behalf of Freight Car Services, Inc. (MT, ilcd)
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Third-Party Complaint with OCR 32 Filed: 12/22/2004, Entered: 12/22/2004 Third-Party Complaint
THIRD PARTY COMPLAINT against Freight Car Services, Inc., filed by Ralph A. Hiller Company.(Gilligan, John)
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Blank -- Filed: 12/21/2004, Entered: 12/21/2004 Order on Motion For Leave to File.
TEXT ORDER entered by Judge David G. Bernthal on 12/21/04. Defendant Ralph A. Hiller Company?s Motion for Leave to File Third-Party Complaint (#31) is allowed. (MT, ilcd)
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Blank -- Filed: 12/16/2004, Entered: 12/16/2004 Order on Motion For Leave to File.
TEXT ORDER entered by Judge David G. Bernthal on 12/16/04. Defendant Mark VI Industries Inc's Motion for Leave to File Third-Party Complaint [30] is ALLOWED. (VB, ilcd)
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Motion for Leave to File with OCR 31 Filed: 12/7/2004, Entered: 12/7/2004, Terminated: 12/21/2004 Motion for Leave to File
MOTION for Leave to File Third-Party Complaint by Defendant Ralph A. Hiller Company. Responses due by 12/21/2004 (Gilligan, John)
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Motion for Leave to File with OCR 30 Filed: 11/24/2004, Entered: 11/24/2004, Terminated: 12/16/2004 Motion for Leave to File
MOTION for Leave to File Third Party Complaint by Defendant Mark IV Industries, Inc. Responses due by 12/8/2004 (Attachments: # (1) Third Party Complaint)(Kearns, James)
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Blank -- Filed: 6/29/2004, Entered: 6/29/2004 Minutes-Miscellaneous
MINUTE-ENTRY: by Mag. Judge David G. Bernthal. In light of the consent filed by the parties, the final pretrial conference and jury trial will now be held before the Honorable David G. Bernthal. The Court notes that the final pretrial conference set for 4/14/06 falls on a Court holiday. Therefore, the final pretrial conference is being RESET to 10:00 on 4/13/06. Jury selection and jury trial remain set for 5/1/06. Pursuant to Atty Kearns' letter (#29) advising the Court that Freight Car Services has complied with the subpoena, the Rule to Show Cause is discharged and the hearing scheduled for 7/7/04 at 11:00 a.m. is VACATED. (cc: all counsel) (SLJ, ilcd)
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Blank 29 Filed: 6/28/2004, Entered: 6/29/2004 LetterCourt Filing
LETTER from atty James Kearns to Judge McCuskey (SLJ, ilcd)
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Blank 28 Filed: 6/28/2004, Entered: 6/28/2004 ~Notice (other)Court Filing
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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Blank -- Filed: 6/23/2004, Entered: 6/23/2004 Minutes-Miscellaneous
MINUTE-ENTRY: by Mag. Judge David G. Bernthal. On 6/7/04 defendant Raldph A. Hiller Company filed its motion to adopt motion to extend deadline (26). That motion is allowed to the extent that defendant Ralph A. Hiller C Company is allowed to adopt the motion to extend deadline (24) that had been filed by defendant Mark IV Industries, Inc. The latter motion was denied by the court on 6/4/04. That denial now serves as a denial of the motion as to Ralph A. Hiller Company as well. (MT, ilcd)
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Blank 27 Filed: 6/18/2004, Entered: 6/18/2004 OrderCourt Filing
ORDER by Mag. Judge David G. Bernthal. Accordingly, it is ordered tht the keeper of records for Freight Car Services appear before Judge Michael P. McCuskey for a to show cause hearing on 7/7/04 at 11:00 a.m. to show cause, why Freight Car Services should not be held in contempt for failure to comply with the subpoena previously served upon it. Failure to appear will result in the issuance of an attachment for contempt. (cc: all counsel) (KW, ilcd)
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Blank 26 Filed: 6/7/2004, Entered: 6/7/2004, Terminated: 6/23/2004 Motion for Miscellaneous Relief
MOTION by defendant Ralph A Hiller Co to adopt dft Mark IV Industries motion to extend deadline (SLJ, ilcd)
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Blank -- Filed: 6/4/2004, Entered: 6/4/2004 Minutes-Miscellaneous
MINUTE-ENTRY: by Mag. Judge David G. Bernthal. The motion to extend deadline for amending pleadings and/or additional parties [24-1] filed by defendant Mark IV Industries is DENIED. Should circumstances develop such that any party wishing to add a party, that party may move the court for leave to add a party out of time. In such motion, the moving party can explain in detail the reason or reasons that the party could not have been added prior to the court ordered deadline. (cc: all counsel) (MT, ilcd)
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Blank 24 Filed: 5/25/2004, Entered: 5/25/2004, Terminated: 6/4/2004 Motion for Extension of Time
MOTION by defendant Mark IV Industries to extend deadline for amending pleadings and/or additional parties (MT, ilcd) Modified on 05/25/2004
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Blank 25 Filed: 5/24/2004, Entered: 5/25/2004 Motion for Order
MOTION by defendant Mark IV Industries for rule to show cause (MT, ilcd) Modified on 06/14/2004
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Blank 23 Filed: 3/1/2004, Entered: 3/1/2004 Notice of Change of Address
NOTICE by atty John Gilligan of change of address (SLJ, ilcd)
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Blank 22 Filed: 2/2/2004, Entered: 2/2/2004 Miscellaneous Document
CERTIFICATE OF SERVICE by defendant Ralph A Hiller Co re: Rule 26 Disclosures (SD, ilcd)
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Blank 20 Filed: 1/20/2004, Entered: 1/20/2004 ~Notice (other)
NOTICE/MEMORANDUM OF CITIZENSHIP by plaintiff Paul Butcher (SD, ilcd)
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Blank 21 Filed: 1/16/2004, Entered: 1/29/2004 ~Notice (other)
NOTICE OF FILING and PROOF OF SERVICE by defendant Ralph A Hiller Co re: FRCP 26(a)(1) (VB, ilcd)
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Blank 19 Filed: 1/12/2004, Entered: 1/12/2004 Miscellaneous Document
CERTIFICATE OF CITIZENSHIP by all defendants (SD, ilcd)
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Blank 18 Filed: 1/6/2004, Entered: 1/6/2004 OrderCourt Filing
DISCOVERY ORDER entered by Mag. Judge David G. Bernthal. Following a Rule 16 hearing held 12/23/03 the court approves the following deadlines: The ddl for amendment of pleadings and joining additional parties is 6/1/04 . Pla to disclose experts and provide expert reports by 3/1/05. Dfts to disclose experts and provide expert reports by 6/1/05. All discovery, including depo of experts, to be completed by 12/1/05 . The ddl for filing case dispositive motions is 1/2/06 . This matter is scheduled for final pretrial conference at 10:00 on 4/14/06 by personal appearance and further scheduled for jury selection/jury trial at 8:30 on 5/1/06 before the Honorable Michael P. McCuskey. Case #1. (cc: all counsel) (SLJ, ilcd)
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Blank 17 Filed: 12/31/2003, Entered: 12/31/2003 Miscellaneous Document
CERTIFICATION of Citizenship by defendant Mark IV Industries (JAB, ilcd)
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Blank 16 Filed: 12/31/2003, Entered: 12/31/2003 Miscellaneous Document
CERTIFICATE of Service regarding Rule 26 disclosures by plaintiff Paul Butcher (JAB, ilcd)
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Blank -- Filed: 12/23/2003, Entered: 12/23/2003 Minutes-Miscellaneous
MINUTE-ENTRY: by Judge Michael P. McCuskey. Rule 16 conference held at 11:15 on 12/23/03 before the Honorable Michael P. McCuskey and the Honorable David G. Bernthal. Plaintiff and Defendants to file a Memorandum re jurisdiction by 1/30/04. Misc ddl of 1/30/04 for filing Memo . Voluntary Dismissal of dft Parker-Hannifin Corporation is Granted. Court approves the parties proposed discovery plan. Option to consent to Magistrate Judge and for Settlement Conference offered to parties. Deadlines set. Court to enter written order. (cc: all counsel) (SLJ, ilcd)
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Blank 15 Filed: 12/11/2003, Entered: 12/11/2003 ~Notice (other)
NOTICE of filing by defendant Ralph A Hiller Co re: atty appr and record of parties planning meeting (SD, ilcd)
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Blank 14 Filed: 12/11/2003, Entered: 12/11/2003 Discovery - Miscellaneous
PROPOSED DISCOVERY PLAN filed by plaintiff Paul Butcher, defendant Mark IV Industries, defendant Ralph A Hiller Co (filed as Record of Parties' Planning Meeting) (SD, ilcd)
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Blank 13 Filed: 12/11/2003, Entered: 12/11/2003 Notice of Appearance
ATTORNEY APPEARANCE by John W. Gilligan for defendant Ralph A Hiller Co (SD, ilcd)
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Blank -- Filed: 12/11/2003, Entered: 12/11/2003 Minutes-Miscellaneous
MINUTE-ENTRY: by Judge Michael P. McCuskey. On December 11, 2003, the parties filed their Report of Parties' Planning Meeting (#14). Therefore, pursuant to the Court's minute entry of November 25, 2003, the Rule 16 conference set at 11:15 a.m. on 12/23/03 will be conducted by telephone. If counsel for any party needs to be contacted at a number other than his or her regular office telephone number, please notify the Court prior to December 23, 2003. (cc: all counsel) (SD, ilcd)
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Blank 12 Filed: 12/5/2003, Entered: 12/8/2003 ~Notice (other)
NOTICE OF FILING by plaintiff Paul Butcher re: Notice of Dismissal and Response to Affirmative Defense (SD, ilcd)
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Blank 11 Filed: 12/5/2003, Entered: 12/8/2003 ~Notice (other)
NOTICE OF DISMISSAL by plaintiff Paul Butcher. Dft Parker-Hannifin Corporation terminated as of 12/5/03. (SD, ilcd) Modified on 12/15/2003
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Blank 10 Filed: 12/5/2003, Entered: 12/8/2003 Response
RESPONSE by plaintiff Paul Butcher to Affirmative Defense [8-1] (SD, ilcd)
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Blank 9 Filed: 12/2/2003, Entered: 12/2/2003 Miscellaneous Document
CERTIFICATE OF SERVICE of Rule 26 disclosures by defendant Mark IV Industries (MT, ilcd)
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Blank -- Filed: 11/25/2003, Entered: 11/25/2003 Minutes-Miscellaneous
MINUTE-ENTRY: by Judge Michael P. McCuskey. Appearance for pla by Kevin R. Gallagher; for dfts by John D. Flodstrom and Kimberly Vereb. Cause called for Rule 16 conference on 11/25/03 at 10:15 a.m. before the Honorable Michael P. McCuskey and the Honorable David G. Bernthal. No plan on file and lead counsel not present. Cause continued for Rule 16 conference at 11:15 on 12/23/03 . If plan on file by 12/12/03, hearing will be converted to telephone conference call. Jurisdiction of case discussed. Pla informs court he will be filing a motion to dismiss dft Parker-Hannifin. (cc: all counsel) (SD, ilcd) Modified on 11/25/2003
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Blank 8 Filed: 10/27/2003, Entered: 10/27/2003 Answer
ANSWER/AFFIRMATIVE DEFENSES by defendant Ralph A Hiller Co (SD, ilcd)
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Blank -- Filed: 10/24/2003, Entered: 10/24/2003 Order
ENDORSED ORDER on its face by Mag. Judge David G. Bernthal granting motion to extend time until 10/21/03 to answer [6-1]. Answer due 10/21/03 for Ralph A Hiller Co . (cc: all counsel). (SD, ilcd)
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Blank 7 Filed: 10/6/2003, Entered: 10/6/2003 Notice of Appearance
ATTORNEY APPEARANCE by Esther Joy Schwartz for defendant Ralph A Hiller Co (SD, ilcd)
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Blank 6 Filed: 10/6/2003, Entered: 10/6/2003, Terminated: 10/24/2003 Motion for Extension of Time to File Answer
MOTION by defendant Ralph A Hiller Co to extend time until 10/21/03 to answer (SD, ilcd)
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Blank 5 Filed: 10/3/2003, Entered: 10/3/2003 OrderCourt Filing
ORDER by Mag. Judge David G. Bernthal. ORDERED that this matter is scheduled for a Rule 16 conference at 10:15 on 11/25/03 by personal appearance before U.S. District Judge Michael P. McCuskey and U.S. Magistrate Judge David G. Bernthal at the U.S. Courthouse, 201 S. Vine St., Urbana IL. No client attendance required. (cc: all counsel w/ R16 memos) (SD, ilcd)
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Blank -- Filed: 8/25/2003, Entered: 8/25/2003 Minutes-Miscellaneous
MINUTE-ENTRY: by Mag. Judge David G. Bernthal. Appearances of pla by Kevin R. Gallagher; for dfts by James C. Kearns. Telephone status hearing held at 10:30 on 8/25/03 . Status of service discussed. Plaintiff advises that all defendants have been served. Jurisdiction discussed. Plaintiff lived in Vermilion County, IL at the time of injury and has since moved to Florida. (cc: all counsel) (SD, ilcd)
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Blank -- Filed: 8/14/2003, Entered: 8/14/2003 Minutes-Miscellaneous
MINUTE-ENTRY: by Mag. Judge David G. Bernthal. A telephone status hearing is scheduled at 10:30 on 8/25/03 . The Court will initiate the call. (cc: all counsel) (SD, ilcd)
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Blank 4 Filed: 7/1/2003, Entered: 7/1/2003 Answer
ANSWER by defendant Mark IV Industries; jury demand (SD, ilcd)
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Blank -- Filed: 6/10/2003, Entered: 6/10/2003 Order
ENDORSED ORDER on its face by Mag. Judge David G. Bernthal granting motion to extend time until 6/27/03 to answer [3-1]. Answer due 6/27/03 for Mark IV Industries (cc: all counsel). (SD, ilcd)
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Blank 3 Filed: 6/6/2003, Entered: 6/9/2003 Motion for Extension of Time to File Answer
MOTION by defendant Mark IV Industries to extend time until 6/27/03 to answer (SD, ilcd)
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Blank 2 Filed: 6/6/2003, Entered: 6/9/2003 Filing Fee Received
FILING FEE PAID on 6/6/03 in the amount of $ 150.00 receipt # U2300. (SD, ilcd)
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Blank 1 Filed: 6/6/2003, Entered: 6/9/2003 Notice of RemovalCourt Filing
NOTICE OF REMOVAL from Vermilion County, IL Case Number: 03-L-64. Case referred to Mag. Judge David G. Bernthal (SD, ilcd)
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