Name: Gleason, et al v. Kabbes, et al :: Illinois Central District Court :: Federal Civil Lawsuit No. 3:01-cv-03297-JES-CHE, Judge Jeanne E. Scott presiding
Creator: Illinois Central District Court
Published: 2001-09-28
License: https://creativecommons.org/publicdomain/mark/1.0/
Keywords: court documents, legal case, docket, PACER, Illinois Central District Court

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127	Filed: 5/24/2004, Entered: 5/26/2004	Notice of Voluntary Dismissal
	NOTICE of DISMISSAL pursuant to 41(a) by the parties (CC, ilcd)


--	Filed: 5/13/2004, Entered: 5/14/2004	Minutes-Miscellaneous
	MINUTE-ENTRY: by Judge Jeanne E. Scott. The Court has received notice of settlement between the parties. Therefore, the final pretrial conference set for May 14, 2004, at 11:00 a.m., and trial set for June 3, 2004, at 9:00 a.m., are cancelled. The parties are directed to file a Stipulation to Dismiss the action, or other concluding document, within 35 days. (cc: all counsel) (CC, ilcd)


--	Filed: 3/26/2004, Entered: 3/26/2004	Minutes-Miscellaneous
	MINUTE-ENTRY: by Judge Jeanne E. Scott. By conference call, Plaintiff's counsel, Rhona Lyons, and Defendant's counsel, Andrew Martone, present by telephone. Neither party objects to rescheduling the trial in this case to avoid a conflict in the Court's calendar. The final pretrial conference set for April 2, 2004, at 1:30 p.m., and trial set for April 28, 2004, at 9:00 a.m., are cancelled. The final pretrial conference is reset for May 14, 2004, at 11:00 a.m., and trial is reset for June 3, 2004, at 9:00 a.m., for two days. (cc: all counsel) (CC, ilcd)


--	Filed: 2/2/2004, Entered: 2/2/2004	Minutes-Miscellaneous
	MINUTE-ENTRY: by Judge Jeanne E. Scott. The Court ALLOWS Defendant Kabbes Trucking's Motion to Supplement the Record [98-1] nunc pro tunc as of its January 7, 2004, Order. (cc: all counsel) (CC, ilcd)


--	Filed: 1/14/2004, Entered: 1/14/2004	Minutes-Miscellaneous
	MINUTE-ENTRY: by Judge Jeanne E. Scott. The Court has received the Parties' Joint Motion to Reschedule Pre-Trial Conference and Trial [126-1]. Therefore, pursuant to the joint wishes of the parties, Parties' Joint Motion is ALLOWED. The final pretrial conference set for February 6, 2004, at 10:00 a.m. and trial set for February 25, 2004, at 9:00 a.m. are cancelled. The final pretrial conference is reset for April 2, 2004, at 1:30 p.m. and trial is reset for April 28, 2004, at 9:00 a.m. (cc: all counsel) (CC, ilcd)


126	Filed: 1/13/2004, Entered: 1/13/2004, Terminated: 1/14/2004	Motion to Continue
	JOINT MOTION by plaintiffs and defendants to continue pretrial conference and trial (MC, ilcd)


125	Filed: 1/7/2004, Entered: 1/7/2004	Order
	ORDER by Judge Jeanne E. Scott. Defendant Kabbes Trucking's Motion to Supplement the Record and for Reconsideration [98] is DENIED. Plaintiffs' Renewed Motion for Judgment [109-1] is DENIED. Plaintiffs' Motion for Clarification or Reconsideration [107-1] is ALLOWED IN PART. The Court VACATES its allowance of Effingham Asphalt's Motion for Summary Judgment (d/e 53) in its 6/25/03 Order, because a geniune issue of material fact exists as to whether Kabbes Trucking and Effingham Asphalt are single employers. Defendant Effingham Asphalt's Motion for Attorney's Fees [92-1] and its Motion to Enter Bill of Costs [91-1] are DENIED as moot, with leave to refile pending termination of the litigation. Defendant's Motion to Strike Portions of Plaintiffs' Affidavits [117-1] is ALLOWED, IN PART. Paragraph 14 of the Amended Affidavit of Deanna Alexander is stricken, as ordered by this Court's 6/25/03, Order. The remainder of Defendant's Motion to Strike is DENIED. (cc: all counsel) (MR, ilcd)


--	Filed: 1/7/2004, Entered: 1/7/2004	Remark
	Remark: Defendant Effingham Asphalt Co untermed and reinstated into case as per Court's Order of 1/7/04. (MR, ilcd)


--	Filed: 1/6/2004, Entered: 1/7/2004	Order
	ENDORSED ORDER on its face by Judge Jeanne E. Scott granting motion to extend time to respond to defendant's motion to supplement the record and for reconsideration [105-1]. Nunc Pro Tunc 10/5/03. (cc: all counsel). (MR, ilcd)


--	Filed: 1/6/2004, Entered: 1/7/2004	Order
	ENDORSED ORDER on its face by Judge Jeanne E. Scott granting motion for additional time to respond [102-1]. Nunc Pro Tunc 10/1/03. (cc: all counsel). (MR, ilcd) Modified on 01/07/2004


124	Filed: 12/4/2003, Entered: 12/5/2003	Reply to Response to Motion
	REPLY by plaintiff to response to motion to clarify [107-1], or motion for reconsideration of Court's Order of June 25, 2003. [107-2] (AJ, ilcd)


123	Filed: 12/4/2003, Entered: 12/5/2003	Reply to Response to Motion
	REPLY by plaintiff to response to renewed motion for summary judgment [109-1] (AJ, ilcd)


--	Filed: 12/4/2003, Entered: 12/5/2003	Order
	ENDORSED ORDER on its face by Judge Jeanne E. Scott granting motion for leave to file replies in support of plaintiffs' renewed motion for judgment and plaintiffs' motion for clarification or reconsideration [122-1] (cc: all counsel). (AJ, ilcd)


122	Filed: 11/17/2003, Entered: 11/17/2003, Terminated: 12/4/2003	Motion for Leave to File
	MOTION by plaintiffs for leave to file replies in support of plaintiffs' renewed motion for judgment and plaintiffs' motion for clarification or reconsideration (CC, ilcd)


121	Filed: 11/17/2003, Entered: 11/17/2003	Response to Motion
	RESPONSE by plaintiffs to defendants' motion to strike portions of plaintiffs' affidavits [117-1] (CC, ilcd)


120	Filed: 10/30/2003, Entered: 10/30/2003	Response to Motion
	Clarification by defendant Kabbes Trucking Co to plaintiffs' consent motion to extend time to file response to Motion to Strike and file replies in response to opposition to renewed motion for judgment and motion for clarification or reconsideration to November 17, 2003. [119-1] (MR, ilcd)


--	Filed: 10/30/2003, Entered: 10/31/2003	Order
	ENDORSED ORDER on its face by Judge Jeanne E. Scott granting motion to extend time to file response to Motion to Strike and file replies in response to opposition to renewed motion for judgment and motion for clarification or reconsideration to November 17, 2003. [119-1] (cc: all counsel) (AJ, ilcd)


119	Filed: 10/29/2003, Entered: 10/30/2003	Motion for Extension of Time
	MOTION by plaintiffs to extend time to file response to Motion to Strike and file replies in response to opposition to renewed motion for judgment and motion for clarification or reconsideration to November 17, 2003. (AJ, ilcd)


118	Filed: 10/21/2003, Entered: 10/21/2003	Memorandum in Support of Motion
	MEMORANDUM IN SUPPORT of motion to strike portions of plaintiffs' affidavits [117-1] by defendant Kabbes Trucking Co (AJ, ilcd)


117	Filed: 10/21/2003, Entered: 10/21/2003, Terminated: 1/7/2004	Motion to Strike
	MOTION by defendant Kabbes Trucking Co to strike portions of plaintiffs' affidavits (AJ, ilcd)


116	Filed: 10/21/2003, Entered: 10/21/2003	Reply to Response to Motion
	Memorandum in Opposition to plaintiff's renewed motion for judgment and reply to plaintiff's opposition to defendant's motion to supplement the record and for reconsideration (AJ, ilcd)


116	Filed: 10/21/2003, Entered: 10/21/2003	Memorandum in Opposition to Motion/Petition
	MEMORANDUM IN OPPOSITION to motion for judgment [109-1] by defendant Kabbes Trucking Co and reply to plaintiff's opposition to defendant's motion to supplement the record and for reconsideration (AJ, ilcd)


115	Filed: 10/17/2003, Entered: 10/17/2003	Memorandum in Opposition to Motion/Petition
	MEMORANDUM IN OPPOSITION to motion to clarify [107-1], and motion for reconsideration of Court's Order of June 25, 2003 [107-2] by defendant Effingham Asphalt (AJ, ilcd)


114	Filed: 10/7/2003, Entered: 10/7/2003	Trial Exhibit
	EXHIBITS for plaintiffs related to: Plaintiffs' Motion for Clarification or Reconsideration, and Plaintiffs' Opposition to Defendants' Motion to Supplement the Record and for Reconsideration and Memorandum in Support of Plaintiffs' Renewed Motion for Judgment and Plaintiffs' Opposition to Defendants' Motion to Supplement the Record and for Reconsideration and Memorandum in Support of Plaintiffs' Renewed Motion for Judgment [107-1] [107-2] [110-1] and [110-2] stored in file (AJ, ilcd)


113	Filed: 10/7/2003, Entered: 10/7/2003, Terminated: 10/7/2003	Motion for Extension of Time
	MOTION by defendant Kabbes Trucking Co to extend time to October 22, 2003 to respond to plaintiff's pending motions (AJ, ilcd)


--	Filed: 10/7/2003, Entered: 10/8/2003	Order
	ENDORSED ORDER on its face by Judge Jeanne E. Scott granting motion to extend time to October 22, 2003 to respond to plaintiff's pending motions [113-1]: motion for leave to file joint exhibit package [112-1] motion for judgment [109-1], motion to clarify [107-1] and motion for reconsideration of Court's Order of June 25, 2003. [107-2] (cc: all counsel) (AJ, ilcd)


--	Filed: 10/3/2003, Entered: 10/7/2003	Order
	ENDORSED ORDER on its face by Judge Jeanne E. Scott granting motion for leave to file joint exhibit package [112-1] (cc: all counsel). (AJ, ilcd)


112	Filed: 10/1/2003, Entered: 10/1/2003, Terminated: 10/3/2003	Motion for Leave to File
	MOTION by plaintiff for leave to file joint exhibit package (AJ, ilcd)


111	Filed: 10/1/2003, Entered: 10/1/2003	Appendix
	APPENDIX to Plaintiffs' Response to Defendants' Motion to Reconsider [110-1] (AJ, ilcd)


110	Filed: 10/1/2003, Entered: 10/1/2003	Memorandum in Support of Motion
	MEMORANDUM IN SUPPORT of motion for judgment [109-1] by plaintiff (AJ, ilcd)


110	Filed: 10/1/2003, Entered: 10/1/2003	Memorandum in Opposition to Motion/Petition
	MEMORANDUM IN OPPOSITION to defendants' motion to supplement the record [98-1] and motion for reconsideration of the Court's 6/25/03 Order [98-2] by plaintiffs (AJ, ilcd)


109	Filed: 10/1/2003, Entered: 10/1/2003, Terminated: 1/7/2004	Motion for Judgment as a Matter of Law
	RENEWED MOTION by plaintiff for judgment (AJ, ilcd)


108	Filed: 10/1/2003, Entered: 10/1/2003	Memorandum in Support of Motion
	MEMORANDUM IN SUPPORT of motion to clarify [107-1], of motion for reconsideration of Court's Order of June 25, 2003 [107-2] by plaintiffs (AJ, ilcd)


107	Filed: 10/1/2003, Entered: 10/1/2003, Terminated: 1/7/2004	Motion for Miscellaneous Relief
	MOTION by plaintiff to clarify or for reconsideration of Court's Order of June 25, 2003. (AJ, ilcd)


106	Filed: 9/24/2003, Entered: 9/24/2003	Memorandum in Opposition to Motion/Petition
	MEMORANDUM IN OPPOSITION to motion to extend time to respond to defendant's motion to supplement the record and for reconsideration [105-1] by defendant (AJ, ilcd)


105	Filed: 9/22/2003, Entered: 9/22/2003, Terminated: 1/6/2004	Motion for Extension of Time
	MOTION by plaintiff to extend time to respond to defendant's motion to supplement the record and for reconsideration (AJ, ilcd)


--	Filed: 9/16/2003, Entered: 9/16/2003	Minutes-Miscellaneous
	MINUTE-ENTRY: by Judge Jeanne E. Scott: The Court has received the Parties' Joint Motion to Reschedule Trial Date. Therefore, pursuant to joint wishes of the parties, Parties Joint Motion to Reschedule Trial Date [104-1] is ALLOWED. The pretrial conference set for October 3, 2003, and trial set for November 3, 2003 are canceled. The final pretrial conference is reset for Friday, February 6, 2004, at 10 am, and trial is reset for Wednesday, February 25, 2004, at 9:00 am. (cc: all counsel) (CT, ilcd)


104	Filed: 9/12/2003, Entered: 9/12/2003, Terminated: 9/16/2003	Motion to Continue
	JOINT MOTION to continue trial date (AJ, ilcd)


--	Filed: 9/12/2003, Entered: 9/12/2003	Minutes-Miscellaneous
	MINUTE-ENTRY: by Judge Jeanne E. Scott. The Court has received Plaintiff's Motion to Supplement Their Opposition to Defendant's Motion for Attorney Fees and Costs and For Reconsideration of the Court's Order Allowing Defendant to Supplement its Motion. Therefore, Plaintiff's Motion to Supplement Their Opposition to Defendant's Motion for Attorney Fees and Costs (d/e 103) is ALLOWED. Plaintiff's Motion for Reconsideration of the Court's Order Allowing Defendant to Supplement Its Motion (d/e 103) is DENIED for reason that Effingham Asphalt's fees and costs at the trial level are presumably at an end. The Court will defer ruling on Effingham Asphalt's Motion for Attorney Fees until final judgment. (cc: all counsel) (AJ, ilcd)


--	Filed: 9/12/2003, Entered: 9/12/2003	Order
	ENDORSED ORDER on its face by Judge Jeanne E. Scott granting motion to extend time to respond to Defendants' Motion to Supplement the Record and For Reconsideration until 10/1/03. [100-1] [98-1] [98-2] (cc: all counsel) (AJ, ilcd)


103	Filed: 9/11/2003, Entered: 9/11/2003, Terminated: 9/12/2003	Motion to Supplement
	MOTION by plaintiff to supplement their opposition to defendant's motion for attorney fees and costs and for reconsideration of the Court's Order allowing defendant to supplement its motion (AJ, ilcd)


102	Filed: 9/11/2003, Entered: 9/11/2003, Terminated: 1/7/2004	Motion for Extension of Time
	Plaintiffs' Initial Objection to Defendants' Motion to Supplement the Record and renewed Motion for additional time to respond (AJ, ilcd)


102	Filed: 9/11/2003, Entered: 9/11/2003	Response - Miscellaneous
	Initial OBJECTIONS by plaintiff to defendants' motion to supplement the record [98-1] and renewed motion for additional time to respond (AJ, ilcd)


101	Filed: 9/10/2003, Entered: 9/10/2003	Notice of Appearance
	ATTORNEY APPEARANCE for plaintiffs of James I. Singer (CT, ilcd)


100	Filed: 9/10/2003, Entered: 9/10/2003, Terminated: 9/12/2003	Motion for Extension of Time
	MOTION by plaintiff to extend time to respond to Defendants' Motion to Supplement the Record and For Reconsideration until 10/1/03. (CT, ilcd)


99	Filed: 9/8/2003, Entered: 9/8/2003	Memorandum in Support of Motion
	MEMORANDUM IN SUPPORT of motion to supplement the record [98-1], of motion for reconsideration of the Court's 6/25/03 Order [98-2] by defendant Kabbes Trucking Co (MR, ilcd)


98	Filed: 9/8/2003, Entered: 9/8/2003, Terminated: 2/2/2004	Motion to Supplement
	MOTION by defendant Kabbes Trucking Co to supplement the record and for reconsideration of the Court's 6/25/03 Order (MR, ilcd)


97	Filed: 8/28/2003, Entered: 8/28/2003	Response to Motion
	Plaintiffs' Opposition to Defendant's motion to supplement motion for attorneys fees and costs [96-1] (AJ, ilcd)


--	Filed: 8/27/2003, Entered: 8/28/2003	Order
	ENDORSED ORDER on its face by Judge Jeanne E. Scott granting motion to supplement motion for attorneys fees and costs [96-1] (cc: all counsel). (AJ, ilcd)


96	Filed: 8/22/2003, Entered: 8/22/2003, Terminated: 8/27/2003	Motion to Supplement
	MOTION by Effingham Asphalt to supplement motion for attorneys fees and costs (AJ, ilcd)


95	Filed: 8/6/2003, Entered: 8/6/2003	Memorandum in Opposition to Motion/Petition
	MEMORANDUM IN OPPOSITION to motion for attorney fees [92-1] filed by plaintiffs (MAS, ilcd)


94	Filed: 7/24/2003, Entered: 7/28/2003	Affidavit
	AFFIDAVIT of Andrew J Martone (MR, ilcd)


93	Filed: 7/24/2003, Entered: 7/28/2003	Memorandum in Support of Motion
	MEMORANDUM IN SUPPORT of motion for attorney fees [92-1] by defendant Effingham Asphalt (MR, ilcd)


92	Filed: 7/24/2003, Entered: 7/28/2003	Motion for Attorney Fees
	MOTION by defendant Effingham Asphalt for attorney fees (MR, ilcd)


91	Filed: 7/24/2003, Entered: 7/28/2003	Motion for Order
	MOTION by defendant Effingham Asphalt for order to enter bill of costs (MR, ilcd)


--	Filed: 7/16/2003, Entered: 7/16/2003	Minutes-Miscellaneous
	MINUTE-ENTRY: by Judge Jeanne E. Scott. Telephone conference held with Rhona Lyons, attorney for plaintiffs, and Andrew Martone, attorney for Defendants. Plaintiffs' Motion to Stay Pretrial Conference and Trial (d/e 90) argued by the parties. The Court denies the motion to stay but agrees to continue the case for 90 days. Therefore, the final pretrial conference set for July 25, 2003 and the trial set for August 4, 2003 are CANCELED. The final pretrial conference is reset for October 3, 2003 at 8:30 a.m. and the trial is reset for November 3, 2003 at 9:00 a.m. (cc: all counsel) (AJ, ilcd)


90	Filed: 7/15/2003, Entered: 7/15/2003, Terminated: 7/16/2003	Motion to Stay
	MOTION by plaintiffs to stay pre-trial and trial (S, ilcd)


89	Filed: 6/25/2003, Entered: 6/25/2003	Order
	ORDER by Judge Jeanne E. Scott. Defendants' motion for summary judgment [53-1] is ALLOWED IN PART. Effingham Asphalt is dismissed as a party to this lawsuit because there are no other claims against it by Plaintiffs. Plaintiffs' motion for summary [48-1] is DENIED. Defendant's motion to strike plaintiffs' expert and plaintiffs' amended expert report [62-1] is DENIED; Defendants' motion to strike portions of plaintiffs' affidavits and statements of undisputed material facts [64-1] is ALLOWED IN PART; Defendants' motion to strike portions of William Bounds' Affidavit and Statement of Undisputed Material Facts [77-1] is ALLOWED IN PART; Defendants' motion to strike certain portions of plaintiffs' response and memorandum in support [81-1] is ALLOWED IN PART; Plaintiff's motion for leave to file their response to the affidavit of John Kabbes [86-1] is ALLOWED. (cc: all counsel) (MR, ilcd)


--	Filed: 6/24/2003, Entered: 6/25/2003	Order
	ENDORSED ORDER on its face by Judge Jeanne E. Scott granting motion for leave to substitute original signature page on affidavit of John Kabbes [84-1] (cc: all counsel). (MR, ilcd)


--	Filed: 6/24/2003, Entered: 6/25/2003	Order
	ENDORSED ORDER on its face by Judge Jeanne E. Scott granting motion for leave to file substitute affidavit [73-1] (cc: all counsel). (MR, ilcd)


--	Filed: 5/15/2003, Entered: 5/15/2003	Order
	ENDORSED ORDER on its face by Judge Jeanne E. Scott granting motion to amend scheduling order [85-1] (cc: all counsel). (AJ, ilcd)


--	Filed: 5/15/2003, Entered: 5/15/2003	Minutes-Miscellaneous
	MINUTE-ENTRY: by Judge Jeanne E. Scott. The Court has received the parties Joint Motion to Modify Scheduling Order. This Motion is ALLOWED. The final pretrial conference set for May 30, 2003 and the trial set for June 2, 2003 are cancelled. The final pretrial conference is reset for July 25, 2003 and the trial is reset for August 4, 2003 at 9:00 a.m. (cc: all counsel) (AJ, ilcd)


88	Filed: 5/14/2003, Entered: 5/15/2003	Memorandum in Opposition to Motion/Petition
	MEMORANDUM IN OPPOSITION to motion to strike certain portions of plaintiffs' response [81-1] by plaintiffs (MR, ilcd)


87	Filed: 5/14/2003, Entered: 5/15/2003	Memorandum in Opposition to Motion/Petition
	MEMORANDUM IN OPPOSITION to motion to strike portions of William Bounds' Affidavit by plaintiffs (MR, ilcd)


86	Filed: 5/14/2003, Entered: 5/15/2003	Motion for Leave to File
	MOTION by plaintiffs for leave to file their response to the affidavit of John Kabbes (MR, ilcd)


85	Filed: 5/13/2003, Entered: 5/13/2003, Terminated: 5/15/2003	Motion to Amend/Correct
	MOTION by Parties to amend scheduling order (CT, ilcd)


84	Filed: 5/1/2003, Entered: 5/1/2003, Terminated: 6/24/2003	Motion for Leave to File
	MOTION by defendants for leave to substitute original signature page on affidavit of John Kabbes (AJ, ilcd)


83	Filed: 4/30/2003, Entered: 4/30/2003	Appendix
	SUPPLEMENTAL CASE APPENDIX filed by defendants (BR, ilcd)


82	Filed: 4/30/2003, Entered: 4/30/2003	Affidavit
	AFFIDAVIT of John R. Kabbes (BR, ilcd)


81	Filed: 4/30/2003, Entered: 4/30/2003, Terminated: 6/25/2003	Motion to Strike
	MOTION by defendants to strike certain portions of plaintiffs' response and memorandum in support (BR, ilcd)


80	Filed: 4/30/2003, Entered: 4/30/2003	Response
	JOINT RESPONSE by defendant to plaintiffs' statement of additional undisputed facts [68-1] (BR, ilcd)


79	Filed: 4/30/2003, Entered: 4/30/2003	Reply to Response to Motion
	JOINT REPLY by defendants to plaintiffs' opposition to motion for summary judgment [53-1] (BR, ilcd)


78	Filed: 4/30/2003, Entered: 4/30/2003	Memorandum in Support of Motion
	MEMORANDUM IN SUPPORT of joint motion to strike portions of William Bounds' Affidavit and Plaintiff's Statement of Undisputed Material Facts [77-1] by defendants (BR, ilcd)


77	Filed: 4/30/2003, Entered: 4/30/2003, Terminated: 6/25/2003	Motion to Strike
	JOINT MOTION by defendants to strike portions of William Bounds' Affidavit and Plaintiff's Statement of Undisputed Material Facts (BR, ilcd)


76	Filed: 4/29/2003, Entered: 4/29/2003	Reply to Response to Motion
	REPLY in Support by plaintiffs to plaintiffs' motion for summary judgment [48-1] (MR, ilcd)


75	Filed: 4/29/2003, Entered: 4/29/2003	Response to Motion
	OPPOSITION/RESPONSE by plaintiff to motion to strike portions of plaintiffs' affidavits and statements of undisputed facts [64-1] (MR, ilcd)


74	Filed: 4/29/2003, Entered: 4/29/2003	Response to Motion
	OPPOSITION/RESPONSE by plaintiffs to motion to strike plaintiffs' expert and plaintiffs' amended expert report [62-1] (MR, ilcd)


73	Filed: 4/29/2003, Entered: 4/29/2003, Terminated: 6/24/2003	Motion for Leave to File
	MOTION by plaintiffs for leave to file substitute affidavit (MR, ilcd)


--	Filed: 4/14/2003, Entered: 4/14/2003	Order
	ENDORSED ORDER on its face by Judge Jeanne E. Scott granting motion to extend time file reply briefs in support of motions for summary judgment [66-1]. (cc: all counsel) (CC, ilcd)


--	Filed: 4/14/2003, Entered: 4/14/2003	Order
	ENDORSED ORDER on its face by Judge Jeanne E. Scott granting motion to extend time (until April 29, 2003) to file their response to defendants' motions to strike [72-1]. (cc: all counsel) (CC, ilcd)


72	Filed: 4/4/2003, Entered: 4/4/2003, Terminated: 4/14/2003	Motion for Extension of Time
	MOTION by plaintiffs to extend time (until April 29, 2003) to file their response to defendants' motions to strike (MAS, ilcd)


71	Filed: 4/3/2003, Entered: 4/3/2003	Response
	RESPONSE to facts defendants claim are material and undisputed by plaintiffs (AJ, ilcd)


70	Filed: 4/3/2003, Entered: 4/3/2003	Trial Exhibit
	Plaintiffs' Additional EXHIBITS in opposition to Defendants' Motion for Summary Judgment [67-1] stored in file (AJ, ilcd)


69	Filed: 4/3/2003, Entered: 4/3/2003	~Notice (other)
	Plaintiffs' Cases Cited in Oppoition to Defendants' Motion for Summary Judgment (AJ, ilcd)


68	Filed: 4/3/2003, Entered: 4/3/2003	Statement of Facts
	STATEMENT OF FACTS ( undisputed) by plaintiff in support of memorandum in opposition to defendants' motion for summary judgment [67-1] (AJ, ilcd)


67	Filed: 4/3/2003, Entered: 4/3/2003	Memorandum in Opposition to Motion/Petition
	MEMORANDUM IN OPPOSITION to defendants' motion for summary judgment [53-1] by plaintiffs (AJ, ilcd)


66	Filed: 4/3/2003, Entered: 4/3/2003, Terminated: 4/14/2003	Motion for Extension of Time
	MOTION by plaintiffs to extend time file reply briefs in support of motions for summary judgment (MC, ilcd)


65	Filed: 4/2/2003, Entered: 4/2/2003	Memorandum in Support of Motion
	MEMORANDUM IN SUPPORT of motion to strike portions of plaintiffs' affidavits and statements of undisputed material facts [64-1] by defendants (AJ, ilcd)


64	Filed: 4/2/2003, Entered: 4/2/2003, Terminated: 6/25/2003	Motion to Strike
	MOTION by defendants to strike portions of plaintiffs' affidavits and statements of undisputed material facts (AJ, ilcd)


63	Filed: 4/2/2003, Entered: 4/2/2003	Memorandum in Support of Motion
	MEMORANDUM IN SUPPORT of motion to strike plaintiffs' expert and plaintiffs' amended expert report [62-1] by defendants (AJ, ilcd)


62	Filed: 4/2/2003, Entered: 4/2/2003, Terminated: 6/25/2003	Motion to Strike
	MOTION by defendants to strike plaintiffs' expert and plaintiffs' amended expert report (AJ, ilcd)


61	Filed: 4/2/2003, Entered: 4/2/2003	Response
	RESPONSE by defendants to plaintiffs' statement of uncontested material fact [50-1] (AJ, ilcd)


60	Filed: 4/2/2003, Entered: 4/2/2003	Response to Motion
	RESPONSE by defendants to plaintiffs' motion for summary judgment [48-1] (AJ, ilcd)


--	Filed: 3/25/2003, Entered: 3/25/2003	Minutes-Miscellaneous
	MINUTE-ENTRY: by Mag. Judge Charles H. Evans. Consent Motion for Leave to File [58-1]. Motion ALLOWED. Time extended to 4/2/03 for defendants to file response to Plaintiffs' Motion for Summary Judgment [48-1] and time extended to 4/3/03 for plaintiffs to file response to Defendants' Motion for Summary Judgment [53-1] (cc: all counsel) (MR, ilcd)


--	Filed: 3/25/2003, Entered: 3/25/2003	Minutes-Miscellaneous
	MINUTE-ENTRY: by Mag. Judge Charles H. Evans. Joint motion to utilize existing exhibits [59-1]. Motion allowed. (cc: all counsel) (MR, ilcd)


59	Filed: 3/24/2003, Entered: 3/25/2003	Motion for Order
	JOINT MOTION by plaintiffs, defendants for order to utilize existing exhibits (MR, ilcd)


58	Filed: 3/24/2003, Entered: 3/25/2003	Motion for Extension of Time
	CONSENT MOTION by defendants Effingham Asphalt, Kabbes Trucking Co to extend time for defendants to file responses; plaintiffs to file responses (MR, ilcd)


--	Filed: 3/11/2003, Entered: 3/11/2003	Minutes-Miscellaneous
	MINUTE-ENTRY: by Mag. Judge Charles H. Evans. Defendants Joint Motion for Extension of Time (d/e 57). Motion ALLOWED. Time extended to 3/27/03 for Defendants to respond to Plaintiffs' Motion for Summary Judgment and to 3/28/03 for Plaintiffs to respond to Defendants' Motion for Summary Judgment (cc: all counsel) (AJ, ilcd)


57	Filed: 3/10/2003, Entered: 3/11/2003	Motion for Extension of Time
	JOINT MOTION by parties to extend time (Document titled "Defendants Joint Motion for Extension of Time") (MAS, ilcd)


56	Filed: 2/26/2003, Entered: 2/27/2003	Memorandum in Support of Motion
	MEMORANDUM IN SUPPORT of joint motion for summary judgment [53-1] filed by defendants (Document titled "Courtesy Copies of Cases Cited in Defendants' Joint Motion for Summary Judgment") (MAS, ilcd)


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55	Filed: 2/26/2003, Entered: 2/27/2003	Deposition
	DEPOSITION and AFFIDAVIT INDEX for defendants' joint motion for summary judgment (MAS, ilcd)


54	Filed: 2/26/2003, Entered: 2/27/2003	Trial Exhibit
	DOCUMENTARY EXHIBITS in support of defendant's joint motion for summary judgment [53-1] (MAS, ilcd) Modified on 02/27/2003


53	Filed: 2/26/2003, Entered: 2/27/2003, Terminated: 6/25/2003	Motion for Summary Judgment
	JOINT MOTION by defendants for summary judgment (MAS, ilcd) Modified on 02/27/2003


52	Filed: 2/26/2003, Entered: 2/26/2003	Trial Exhibit
	EXHIBITS in support of plaintiffs' motion for summary judgment [48-1] (CC, ilcd)


51	Filed: 2/26/2003, Entered: 2/26/2003	Response/Reply - Miscellaneous
	Authorities cited by plaintiffs in support of motion for summary judgment [48-1] (CC, ilcd)


50	Filed: 2/26/2003, Entered: 2/26/2003	Statement of Facts
	STATEMENT OF FACTS (undisputed) by plaintiffs in support of motion for summary judgment [48-1] (CC, ilcd)


49	Filed: 2/26/2003, Entered: 2/26/2003	Memorandum in Support of Motion
	MEMORANDUM IN SUPPORT of motion for summary judgment [48-1] by plaintiffs (CC, ilcd)


48	Filed: 2/26/2003, Entered: 2/26/2003, Terminated: 6/25/2003	Motion for Summary Judgment
	MOTION by plaintiffs for summary judgment (CC, ilcd)


--	Filed: 2/19/2003, Entered: 2/19/2003	Minutes-Miscellaneous
	MINUTE-ENTRY: by Judge Jeanne E. Scott: Pretrial conference scheduled for 5/30/03 is changed as to time only: FRIDAY, MAY 30, 2003 AT 10:00 am. (cc: all counsel) (CT, ilcd)


47	Filed: 2/11/2003, Entered: 2/11/2003	Memorandum in Opposition to Motion/Petition
	MEMORANDUM IN OPPOSITION to renewed motion to compel [41-1] by plaintiffs (AJ, ilcd)


46	Filed: 2/11/2003, Entered: 2/11/2003	Response to Motion
	RESPONSE by plaintiff to motion for protective order to quash/strike untimely discovery and memorandum of law in support [40-1] (AJ, ilcd)


45	Filed: 2/6/2003, Entered: 2/6/2003	Order
	ORDER by Mag. Judge Charles H. Evans. Motion to compel [41-1] filed at this late date is untimely and unwarranted. Defendants' renewed motion to compel [41-1] is DENIED. (cc: all counsel) (MR, ilcd)


44	Filed: 2/6/2003, Entered: 2/6/2003	Order
	ORDER by Mag. Judge Charles H. Evans. Motion for protective order to quash/strike untimely discovery and memorandum of law in support [40-1] is allowed insofar as it is ordered that defendants are not required to respond to the plaintiffs' interrogatories and requests for admission served on 1/15/03 and 1/17/03. (cc: all counsel) (MR, ilcd)


43	Filed: 1/30/2003, Entered: 1/31/2003	Miscellaneous Document
	CERTIFICATE of conference by defendants (AJ, ilcd)


42	Filed: 1/30/2003, Entered: 1/31/2003	Memorandum in Support of Motion
	MEMORANDUM IN SUPPORT of motion to compel [41-1] by defendants (AJ, ilcd)


41	Filed: 1/30/2003, Entered: 1/31/2003, Terminated: 2/6/2003	Motion to Compel
	RENEWED MOTION by defendants to compel (AJ, ilcd)


40	Filed: 1/30/2003, Entered: 1/31/2003	Memorandum in Support of Motion
	MEMORANDUM IN SUPPORT of motion for protective order to quash/strike untimely discovery and memorandum of law in support [40-1] by defendants (AJ, ilcd)


40	Filed: 1/30/2003, Entered: 1/31/2003	Motion for Protective Order
	MOTION by defendants for protective order to quash/strike untimely discovery and memorandum of law in support (AJ, ilcd)


39	Filed: 1/16/2003, Entered: 1/16/2003	Answer
	ANSWER/AFFIRMATIVE DEFENSES by defendant Effingham Asphalt, defendant Kabbes Trucking Co to Third Amended Complaint (MR, ilcd)


38	Filed: 1/7/2003, Entered: 1/8/2003	Amended Complaint
	THIRD AMENDED COMPLAINT by plaintiffs [35-1] (AJ, ilcd)


--	Filed: 1/7/2003, Entered: 1/8/2003	Minutes-Miscellaneous
	MINUTE-ENTRY: by Mag. Judge Charles H. Evans. Motion for Leave to File Third Amended Complaint (d/e 37). Motion ALLOWED. Clerk directed to docket and file Third Amended Complaint submitted with motion. Defendant given to and including 1/17/03 to plead to the Amended Complaint. Parties are to note scheduling order (d/e 10/22/02). Parties continue to be bound by that scheduling order. (cc: all counsel) (AJ, ilcd)


37	Filed: 12/30/2002, Entered: 12/30/2002, Terminated: 1/7/2003	Motion for Leave to File
	MOTION by plaintiffs for leave to file third amended complaint (BR, ilcd)


--	Filed: 12/3/2002, Entered: 12/3/2002	Minutes-Miscellaneous
	MINUTE-ENTRY: by Mag. Judge Charles H. Evans. Motion by plaintiffs to Compel Responses to Discovery (d/e 24). Motion by Defendants Effingham Asphalt, Kabbes Trucking Co. to Compel. Resolution of these motions between the parties is deemed to have occurred as a result of the 10/22/02 conference. Both motions (d/e 23 & d/e 24) are denied as moot. (cc: all counsel) (AJ, ilcd)


36	Filed: 11/21/2002, Entered: 11/21/2002	Response
	RESPONSE by defendant Effingham Asphalt, defendant Kabbes Trucking Co [35-1] (Document titled "Defendants' Answer to Plaintiffs' Second Amended Complaint") (MAS, ilcd)


35	Filed: 11/12/2002, Entered: 11/12/2002	Amended Complaint
	SECOND AMENDED COMPLAINT by plaintiffs [1-1] (AJ, ilcd) Modified on 11/12/2002


--	Filed: 11/12/2002, Entered: 11/12/2002	Minutes-Miscellaneous
	MINUTE-ENTRY: by Mag. Judge Charles H. Evans. Motion for Leave to File Second Amended Complaint (d/e 34). Motion ALLOWED. Clerk directed to docket and file Second Amended Complaint submitted with this motion. (cc: all counsel) (AJ, ilcd)


34	Filed: 11/8/2002, Entered: 11/8/2002, Terminated: 11/12/2002	Motion for Leave to File
	MOTION by plaintiffs for leave to file their Second Amended Complaint . (MAS, ilcd)


--	Filed: 11/5/2002, Entered: 11/5/2002	Minutes-Miscellaneous
	MINUTE-ENTRY: by Mag. Judge Charles H. Evans. Motion for leave to file second amended complaint [33-1]. It is noted all the exbibits identified in the proposed Second Amended Complaint submitted with the motion are not attached to the Second Amended Complaint. Motion DENIED with leave to re-file together with a proposed Second Amended Complaint in the form submitted here with the motion that has all the exhibits identified in the Second Amended Complaint attached. (cc: all counsel) (MR, ilcd)


33	Filed: 11/1/2002, Entered: 11/4/2002	Motion for Leave to File
	MOTION by plaintiffs for leave to file second amended complaint (MR, ilcd)


32	Filed: 10/30/2002, Entered: 10/30/2002	Answer
	ANSWER/AFFIRMATIVE DEFENSES to Amended Complaint by defendants (AJ, ilcd)


31	Filed: 10/28/2002, Entered: 10/28/2002	Reply to Response to Motion
	REPLY by plaintiff to defendants' response to motion to compel responses to discovery [23-1] (AJ, ilcd)


--	Filed: 10/28/2002, Entered: 10/28/2002	Minutes-Miscellaneous
	MINUTE-ENTRY: by Mag. Judge Charles H. Evans. Motion for Leave to File Plaintiffs' Reply to Defendants' Opposition to Plaintiffs' Motion to Compel (d/e 28). Motion ALLOWED. Clerk directed to docket and file Plaintiffs' Reply to Defendants' Opposition to Plaintiffs' Motion to Compel submitted with motion. (cc: all counsel) (AJ, ilcd)


30	Filed: 10/23/2002, Entered: 10/24/2002	Response
	Plaintiffs' Memorandum in Relation to Defendants' Motion to Strike or Exclude Expert Testimony (not yet on file with the Clerk's office) (AJ, ilcd) Modified on 10/24/2002


29	Filed: 10/23/2002, Entered: 10/24/2002	Response to Motion
	RESPONSE by plaintiffs to defendants' motion to compel [24-1] (AJ, ilcd)


28	Filed: 10/23/2002, Entered: 10/24/2002	Motion for Leave to File
	MOTION by plaintiffs for leave to file reply to defendants' opposition to plaintiffs' motion to compel. (AJ, ilcd)


--	Filed: 10/22/2002, Entered: 10/24/2002	Minutes-Miscellaneous
	MINUTE-ENTRY: by Mag. Judge Charles H. Evans. Telephone conference regarding pending discovery motions held. Attorneys Lyons and Martone present. Status of case, parties, discovery and further proceedings considered. Defendants' oral motion to have to and including 11/1/02 to plead to the Amended Complaint (d/e 19) filed 8/26/02 ALLOWED. Defendants' oral motion to amend scheduling order ALLOWED. Scheduling order amended as follows: 1/27/03 to complete discovery; 2/27/03 to file dispositive motions; 5/30/03 at 9:00 a.m. for Final Pretrial Conference (IN PERSON); and 6/2/03 at 9:00 a.m. for Trial. 1/24/03 FPT and 2/3/03 Trial dates are CANCELED. Parties directed to confer concerning resolution of pending motions and views expressed by the court today. The Court anticipates that the parties can successfully resolve the motions without further involvement of the Court. Also, that each side here will properly respond to any discovery requests now pending or served in the future. Attorneys expressed their willingness to work together in good faith to accomplish this goal. (cc: all counsel) (AJ, ilcd)


27	Filed: 10/11/2002, Entered: 10/16/2002	Miscellaneous Document
	CERTIFICATE of conference by defendants (AJ, ilcd)


26	Filed: 10/11/2002, Entered: 10/11/2002	Memorandum in Opposition to Motion/Petition
	MEMORANDUM IN OPPOSITION to plaintiff's motion to compel responses to discovery [23-1] by defendants, Effingham Asphalt and Kabbes Trucking Co (MAS, ilcd)


25	Filed: 10/9/2002, Entered: 10/9/2002	Memorandum in Support of Motion
	MEMORANDUM IN SUPPORT of motion to compel [24-1] by defendants Effingham Asphalt, Kabbes Trucking Co (MR, ilcd)


24	Filed: 10/9/2002, Entered: 10/9/2002, Terminated: 12/3/2002	Motion to Compel
	MOTION by defendants Effingham Asphalt, Kabbes Trucking Co to compel (MR, ilcd)


23	Filed: 10/3/2002, Entered: 10/3/2002, Terminated: 12/3/2002	Motion to Compel
	MOTION by plaintiffs to compel responses to discovery (MAS, ilcd)


--	Filed: 9/26/2002, Entered: 9/27/2002	Minutes-Miscellaneous
	MINUTE-ENTRY: by Magistrate Judge Charles H. Evans. Telephone conference re: Plaintiff's Motion to Strike Defendants' Expert Report (d/e 21) held. Attys Lyons and Martone present. Oral arguments heard. Motion considered. Motion DENIED. denying motion to strike defendant's expert report [21-1] (cc: all counsel) (MAS, ilcd)


22	Filed: 9/20/2002, Entered: 9/20/2002	Memorandum in Support of Motion
	MEMORANDUM IN SUPPORT of Motion to Strike defendant's expert report [21-1] filed by plaintiffs. (MAS, ilcd)


21	Filed: 9/20/2002, Entered: 9/20/2002, Terminated: 9/26/2002	Motion to Strike
	MOTION by plaintiffs to strike defendant's expert report . (MAS, ilcd)


20	Filed: 9/9/2002, Entered: 9/10/2002	~Notice (other)
	NOTICE by defendants, Effingham Asphalt and Kabbes Trucking Co of taking deposition of Thomas Rhodes on Friday, September 13, 2002 at 10:00 a.m. (MAS, ilcd)


19	Filed: 8/26/2002, Entered: 8/27/2002	Amended Complaint
	AMENDED COMPLAINT by plaintiff [1-1]; terminating Richard Kabbes, John Kabbes; adding Kabbes Trucking Co (AJ, ilcd)


--	Filed: 8/26/2002, Entered: 8/27/2002	Minutes-Miscellaneous
	MINUTE-ENTRY: by Mag. Judge Charles H. Evans. Motion to Amend (d/e 18). Motion ALLOWED. Clerk directed to docket and file Amended Complaint attached to this motion. (cc: all counsel) (AJ, ilcd)


18	Filed: 8/23/2002, Entered: 8/23/2002, Terminated: 8/26/2002	Motion for Leave to File
	MOTION by plaintiffs, Keith Gleason, John T Petry, Dale Stewart, Robert T Fulton, Ray Hawkins, Pat Gleason, and IL Conf of TEWF for leave to file Amended Complaint . (MAS, ilcd)


17	Filed: 6/4/2002, Entered: 6/5/2002	Scheduling Order
	AMENDED SCHEDULING ORDER by Mag. Judge Charles H. Evans 9/30/02 to complete discovery; 10/30/02 to file dispositive motions; 1/24/03 at 9:00 a.m. for final pretrial; 2/3/03 at 9:00 a.m. for trial. (cc: all counsel) (AJ, ilcd)


--	Filed: 6/4/2002, Entered: 6/5/2002	Minutes-Miscellaneous
	MINUTE-ENTRY: by Mag. Judge Charles H. Evans. Joint Motion to Extend Deadlines (d/e 16). Motion ALLOWED. See written amended scheduling order entered this date. (cc: all counsel) (AJ, ilcd)


16	Filed: 5/31/2002, Entered: 5/31/2002, Terminated: 6/4/2002	Motion for Extension of Time
	JOINT MOTION to extend deadlines (AJ, ilcd)


15	Filed: 5/23/2002, Entered: 5/28/2002	Miscellaneous Document
	DESIGNATION OF LEAD COUNSEL pursuant to Local Rule 11.2 filed by Atty Rhona S. Lyons. (BR, ilcd)


14	Filed: 5/23/2002, Entered: 5/28/2002	Notice of Appearance
	ATTORNEY APPEARANCE for plaintiffs by Atty Rhona S. Lyons (BR, ilcd)


13	Filed: 1/16/2002, Entered: 1/16/2002	Scheduling Order
	SCHEDULING ORDER by Mag. Judge Charles H. Evans ;discovery cutoff 9/2/02; dispositive motions to be filed by 10/2/02 ; pretrial conference 1/24/03 at 9:00 a.m.; jury trial 2/3/03 at 9:00 a.m. (cc: all counsel) (MC, ilcd)


--	Filed: 1/16/2002, Entered: 1/16/2002	Minutes-Miscellaneous
	MINUTE-ENTRY: by Mag. Judge Charles H. Evans ; Telephone status/scheduling conference held. Attorneys Aschemann and Martone present. Status, scheduling, further proceedings considered. Scheduling time limits ordered. No motions to join other parties and to amend pleadings to be filed; 7/10/02 for plaintiffs to identify experts and provide Rule 26 reports; 7/31/02 for defendants to identify experts and provide Rule 26 reports; 9/2/02 to complete discovery; 10/2/02 to file dispositive motions; 1/24/03 at 9:00 for FPT conference; and 2/3/03 at 9:00 a.m for Trial. See written order to be entered. Any conflicts between scheduling order and proposed discovery plan shall be controlled by the scheduling order. (cc: all counsel) (MC, ilcd)


12	Filed: 1/7/2002, Entered: 1/7/2002	Discovery - Miscellaneous
	JOINT PROPOSED SCHEDULING PLAN filed by the parties (CC, ilcd)


--	Filed: 12/12/2001, Entered: 12/12/2001	Minutes-Miscellaneous
	MINUTE-ENTRY: by Mag. Judge Charles H. Evans. Telephone status/scheduling is set TUESDAY, JANUARY 15, 2002 at 10:00 a.m. Attorneys are directed to comply with Federal Rules of Civil Procedure 26(f) by meeting as soon as practicable, and in any event at least fourteen (14) days prior to the scheduling conference, and are to submit a proposed discovery plan in writing to the Court at least four (4) days prior to the scheduling conference. Such a plan must include, at a minimum, those items listed in CDIL-LR 26.2(3), Rule 26(f) and CDIL-LR 16.2(E) with proposed deadlines. If a discovery plan is not submitted as required, the discovery conference will not be held and costs may be assessed. (cc: all counsel) (AJ, ilcd)


11	Filed: 11/29/2001, Entered: 11/30/2001	Miscellaneous Document
	DESIGNATION OF LEAD COUNSEL pursuant to Local Rule 11.2 filed by defendant John Kabbes, Richard Kabbes, and Effingham Asphalt designating Andrew J Martone as lead counsel. (AJ, ilcd)


10	Filed: 11/29/2001, Entered: 11/30/2001	Answer
	ANSWER/AFFIRMATIVE DEFENSES by defendants (AJ, ilcd)


9	Filed: 11/29/2001, Entered: 11/30/2001	Certificate of Interest
	CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 filed by defendants (AJ, ilcd)


8	Filed: 10/26/2001, Entered: 10/29/2001	Notice of Appearance
	ATTORNEY APPEARANCE for defendants by Andrew Martone (AJ, ilcd)


7	Filed: 10/26/2001, Entered: 10/29/2001	Service - Miscellaneous
	WAIVER OF SERVICE returned as to defendant John Kabbes, defendant Richard Kabbes. Date waiver sent: 10/1/01; Answer due on 11/30/01 for Richard Kabbes and John Kabbes. (AJ, ilcd)


6	Filed: 10/26/2001, Entered: 10/29/2001	Service - Miscellaneous
	WAIVER OF SERVICE returned as to defendant Effingham Asphalt. Date waiver sent: 10/1/01; Answer due on 11/30/01 for Effingham Asphalt (AJ, ilcd)


5	Filed: 10/9/2001, Entered: 10/11/2001	~Notice (other)
	Memorandum to Clerk of filing correspondence to defendant's counsel by plaintiff (AJ, ilcd)


4	Filed: 9/28/2001, Entered: 9/28/2001	Miscellaneous Document
	DESIGNATION OF LEAD COUNSEL pursuant to Local Rule 11.2 filed by plaintiffs designating Stacey A Aschemann as lead counsel. (AJ, ilcd)


3	Filed: 9/28/2001, Entered: 9/28/2001	Certificate of Interest
	CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 filed by plaintiffs (AJ, ilcd)


2	Filed: 9/28/2001, Entered: 9/28/2001	Filing Fee Received
	FILING FEE PAID on 9/28/01 in the amount of $ 150.00 receipt # S001115. (AJ, ilcd)


1	Filed: 9/28/2001, Entered: 9/28/2001	Complaint
	COMPLAINT (summons(es) issued) case referred to Mag. Judge Charles H. Evans (AJ, ilcd)

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