Name: Hanover Insurance Co v. Ranken Ironworks LLC, et al :: Illinois Central District Court :: Federal Civil Lawsuit No. 2:02-cv-02051-MPM-DGB, Judge Michael P. McCuskey presiding
Creator: Illinois Central District Court
Published: 2002-02-27
License: https://creativecommons.org/publicdomain/mark/1.0/
Keywords: court documents, legal case, docket, PACER, Illinois Central District Court

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--	Filed: 2/15/2007, Entered: 2/15/2007	Remark
	Remark: Pursuant to a telephone call from John Schamadeke of the Law Firm BARNES PC on this date, the Clerk shredded plaintiff's exhibits 4, 5, 6, 7, 11, 12, 13, and 14. (VB, ilcd)


95	Filed: 2/9/2007, Entered: 2/9/2007	Letter
	Letter from Clerk to plaintiff's attorneys re returning plaintiff's exhibits. Plaintiff's attorneys are to notify the Clerk by 2/26/07, or the exhibits will be destroyed. (VB, ilcd)


94	Filed: 5/4/2004, Entered: 5/4/2004	USCA Mandate
	MANDATE from USCA dismissing the appeal pursuant to mtn to dismiss by parties on 4/28/04 [67-1] (SLJ, ilcd)


93	Filed: 4/26/2004, Entered: 4/26/2004	~Notice (other)
	NOTICE to atty James Barnes and atty Wayne Smith sent with disbursement checks indicating the breakdown of the cash bond. (KM, ilcd)


--	Filed: 4/20/2004, Entered: 4/20/2004	Minutes-Miscellaneous
	MINUTE-ENTRY: by Mag. Judge David G. Bernthal. Due to the parties report that the pending issues are settled, the motion for clarification [90-1] (of this Court's 1/12/04 Order) is moot. (cc: all counsel) (SD, ilcd)


--	Filed: 4/14/2004, Entered: 4/14/2004	Order
	ENDORSED ORDER on its face by Mag. Judge David G. Bernthal granting stipulation [92-1] (cc: all counsel). (SD, ilcd)


92	Filed: 4/8/2004, Entered: 4/8/2004, Terminated: 4/14/2004	Stipulation
	JOINT STIPULATION to release cash bond by all parties filed (VB, ilcd)


91	Filed: 2/17/2004, Entered: 2/17/2004	Transcript
	TRANSCRIPT filed of Jury trial 8/18/03, 8/19/03 and 8/20/03 (SD, ilcd)


90	Filed: 1/23/2004, Entered: 1/23/2004, Terminated: 4/20/2004	Motion for Order
	MOTION by plaintiff Hanover Insurance Co for clarification of this Honorable Court's Order of January 12, 2004 (SD, ilcd)


89	Filed: 1/20/2004, Entered: 1/20/2004	Affidavit
	AFFIDAVIT of James T. Barnes (SD, ilcd)


--	Filed: 1/13/2004, Entered: 1/13/2004	Order
	ENDORSED ORDER on its face by Mag. Judge David G. Bernthal granting motion for stay upon appeal [84-1]. (cc: all counsel). (SD, ilcd)


--	Filed: 1/12/2004, Entered: 1/13/2004	Minutes-Miscellaneous
	MINUTE-ENTRY: by Mag. Judge David G. Bernthal. In light of this Court's allowance of the Amended Motion for Stay Upon Appeal (#84), the citation hearings scheduled at 11:00 a.m. on 1/16/04 are VACATED. This Court notified all counsel by telephone this date. (cc: all counsel) (SD, ilcd)


88	Filed: 1/9/2004, Entered: 1/9/2004	Reply to Response to Motion
	REPLY by defendant to response to amended motion for stay upon appeal [84-1] (SD, ilcd)


87	Filed: 1/7/2004, Entered: 1/7/2004	Response to Motion
	RESPONSE by plaintiff Hanover Insurance Co to motion for stay upon appeal [84-1] (SD, ilcd)


--	Filed: 12/23/2003, Entered: 1/8/2004	Remark
	Remark: $330,000 was deposited into an interest bearing account at Bank One NA in Peoria on 12/23/03. (KM, ilcd)


86	Filed: 12/19/2003, Entered: 12/19/2003	Receipt
	RECEIPT #U002815 to Erwin, Martinkus & Cole for check #21885 in the total amount of $330,000 per Order of Judge Bernthal [85-1]. Check sent overnight to Peoria Finance to be invested. (KM, ilcd)


85	Filed: 12/19/2003, Entered: 12/19/2003	Order
	ORDER by Mag. Judge David G. Bernthal. Dfts have filed an amended motion for stay upon appeal [84-1]. The Court has continued citation hearings pending a ruling on that motion. As a condition of the continuance, dfts are required to deposit the sum of $330,000 with the Court to be deposited in an interest-bearing account. See written Order. (cc: all counsel) (KM, ilcd)


84	Filed: 12/18/2003, Entered: 12/18/2003, Terminated: 1/13/2004	Motion to Stay
	AMENDED MOTION by defendant for stay upon appeal with proposed supersedeas bond on appeal attached (KM, ilcd)


--	Filed: 12/18/2003, Entered: 12/19/2003	Minutes-Miscellaneous
	MINUTE-ENTRY: by Mag. Judge David G. Bernthal. Telephone status hearing held. Appearance of pla by James Barnes. Appearance of dfts by Wayne Smith. Citation hearing at 11:00 on 12/19/03 is VACATED. Citation hearing is RESET at 11:00 on 1/16/04 . Pla is directed to file affidavit re members & citizenship of "LLC". (cc: all counsel) (SLJ, ilcd)


--	Filed: 12/18/2003, Entered: 12/18/2003	Minutes-Miscellaneous
	MINUTE-ENTRY: by Mag. Judge David G. Bernthal. A telephone status hearing is scheduled at 4:00 on 12/18/03 . This court notified all counsel by telephone this date. The Court will initiate the call. (cc: all counsel) (SLJ, ilcd)


--	Filed: 12/2/2003, Entered: 12/2/2003	Minutes-Miscellaneous
	MINUTE-ENTRY: by Mag. Judge David G. Bernthal. Telephone conference regarding defendants motion to continue citation hearing held. Appearance of plaintiff by James T. Barnes; appearance of defendants by Wayne O. Smith. Argument of counsel heard. Motion [82-1] granted. Motion to stay upon appeal [83-1] is STRICKEN without prejudice. Citation hearing continued from 12/2/03 to 11:00 12/19/03 . (cc: all counsel) (MT, ilcd)


--	Filed: 12/1/2003, Entered: 12/1/2003	Minutes-Miscellaneous
	MINUTE-ENTRY: by Mag. Judge David G. Bernthal. A motion hearing regarding the pending motion to stay upon appeal [83-1] and motion to continue citation hearings [82-1] is scheduled by conference call at 4:00 p.m. on 12/1/03. The Court will initiate the call. The Court notified all counsel of the hearing by telephone. (cc: all counsel) (SD, ilcd)


83	Filed: 11/26/2003, Entered: 11/26/2003, Terminated: 12/2/2003	Motion to Stay
	MOTION by all defendants to stay upon appeal (SD, ilcd)


82	Filed: 11/26/2003, Entered: 11/26/2003, Terminated: 12/2/2003	Motion to Continue
	MOTION by all defendants to continue citation hearings (SD, ilcd)


81	Filed: 11/7/2003, Entered: 11/7/2003	~Notice (other)
	RETURN OF SERVICE by plaintiff Hanover Insurance Co of citation to discovery assets to third party Central Illinois Bank dated 11/4/03 (SD, ilcd)


80	Filed: 11/7/2003, Entered: 11/7/2003	Transcript Request
	TRANSCRIPT INFORMATION SHEET by all defendants (SD, ilcd)


--	Filed: 11/3/2003, Entered: 11/3/2003	Minutes-Miscellaneous
	MINUTE-ENTRY: by Mag. Judge David G. Bernthal. Defendants' Motion to continue citation hearing [79-1] is ALLOWED. The citation to discover assets hearing scheduled by personal appearance for 11/5/03 at 10:00 a.m. is VACATED and RESET to 11:00 a.m. on 12/2/03 . Plaintiff's counsel is reminded that if they wish to have a court reporter present for the hearings, they must provide one. (cc: all counsel) (SD, ilcd)


79	Filed: 10/31/2003, Entered: 10/31/2003, Terminated: 11/3/2003	Motion to Continue
	MOTION by all defendants to continue citation hearing (SD, ilcd)


78	Filed: 10/30/2003, Entered: 10/30/2003	USCA Notice of Docketing ROA
	Notification by USCA of Appellate Docket Number 03-3839 (SD, ilcd)


77	Filed: 10/27/2003, Entered: 10/27/2003	~Notice (other)
	NOTICE OF FILING by plaintiff Hanover Insurance Co re: citiation notices directed to Ranken Ironworks, LLc, Ranken Steel, Inc., and Kenneth Richardson (SD, ilcd)


76	Filed: 10/27/2003, Entered: 10/27/2003	~Notice (other)
	CITATION NOTICE by plaintiff Hanover Insurance Co re: Kenneth E. Richardson (SD, ilcd)


75	Filed: 10/27/2003, Entered: 10/27/2003	~Notice (other)
	CITATION NOTICE by plaintiff Hanover Insurance Co re: Ranken Steel, Inc (SD, ilcd)


74	Filed: 10/27/2003, Entered: 10/27/2003	~Notice (other)
	CITATION NOTICE by plaintiff Hanover Insurance Co re: Ranken Ironworks, LLC (SD, ilcd)


73	Filed: 10/27/2003, Entered: 10/27/2003	~Notice (other)
	NOTICE OF FILING by plaintiff Hanover Insurance Co re: Citation to Discover Assets to Third Party (SD, ilcd)


72	Filed: 10/27/2003, Entered: 10/27/2003	Citation to Discover Assets
	CITATION to DISCOVER ASSETS TO THIRD PARTY issued to First Federal Savings Bank of Champaign-Urbana; returned to attorney James T. Barnes for service (SD, ilcd)


71	Filed: 10/27/2003, Entered: 10/27/2003	Citation to Discover Assets
	CITATION to DISCOVER ASSETS TO THIRD PARTY issued to First Federal Savings Bank of Champaign-Urbana; returned to attorney James T. Barnes for service (SD, ilcd)


70	Filed: 10/23/2003, Entered: 10/23/2003	Short Record of Appeal Sent to USCA
	SHORT RECORD ON APPEAL sent to USCA (SLJ, ilcd)


69	Filed: 10/23/2003, Entered: 10/23/2003	USCA Appeal Fees
	Received appeal fee in amount of $ 105.00 (Receipt # U2668) (MT, ilcd)


68	Filed: 10/23/2003, Entered: 10/23/2003	Jurisdictional Statement
	JURISDICTIONAL DOCKETING STATEMENT filed by defendants Ranken Ironworks LLC, S & K Investments, Kenneth Richardson, Ranken Steel Inc (MT, ilcd)


67	Filed: 10/23/2003, Entered: 10/23/2003, Terminated: 5/4/2004	Notice of Appeal
	NOTICE of APPEAL by defendants Ranken Ironworks LLC, S & K Investments, Kenneth Richardson, Ranken Steel Inc from Dist. Court amended judgment entered 9/25/03 [63-1] (cc: all counsel) (MT, ilcd)


66	Filed: 10/22/2003, Entered: 10/22/2003	Citation to Discover Assets
	CITATION to DISCOVER ASSETS issued to Kenneth E. Richardson ; returned to attorney James T. Barnes for service; hearing set for 10:00 a.m. on 12/2/03 before the Honorable David G. Bernthal. (SD, ilcd)


65	Filed: 10/22/2003, Entered: 10/22/2003	Citation to Discover Assets
	CITATION to DISCOVER ASSETS issued as to Ranken Ironworks, LLC., C/O Everett Richardson President; returned to attorney James T. Barnes for service; hearing set for 10:00 a.m. on November 5, 2003 before the Honorable David G. Bernthal. (SD, ilcd)


64	Filed: 10/22/2003, Entered: 10/22/2003	Citation to Discover Assets
	CITATION to DISCOVER ASSETS issued to Ranken Steel, Inc., C/O Kenneth E. Richardson, President; returned to attorney James T. Barnes for service; hearing set for 10:00 a.m. on 12/2/03 before Honorable David G. Bernthal. (SD, ilcd) Modified on 10/22/2003


--	Filed: 10/22/2003, Entered: 10/22/2003	Minutes-Miscellaneous
	MINUTE-ENTRY: by Mag. Judge David G. Bernthal. Plaintiff's attorney has requested a citation to discover assets hearing. It is scheduled by personal appearance for 10:00 a.m. on 11/5/03 for Ranken Ironworks, LLC and President Everett Richardson. Plaintiff's attorney to issue citation and notify all parties. Plaintiff's attorney notified by this Court that if they want a court reporter present for the hearing, they must make those arrangements. (SD, ilcd)


--	Filed: 10/22/2003, Entered: 10/22/2003	Minutes-Miscellaneous
	MINUTE-ENTRY: by Mag. Judge David G. Bernthal. Plaintiff's attorney has requested a citation to discover assets hearing. It is scheduled by personal appearance for 10:00 a.m. on 12/2/03 for Ranken Steel, Inc., and President Kenneth Richardson. Plaintiff's attorney to issue citation to notify all parties. Plaintiff's attorney notified by this Court that if they want a court reporter present for the hearing, they must make those arrangements. (SD, ilcd)


63	Filed: 9/25/2003, Entered: 9/25/2003	Judgment*
	AMENDED JUDGMENT in a civil case entered. Pla is awarded $653.30 for statutory costs and $94,868.90 in statutory interest. (cc: all counsel) (SLJ, ilcd)


62	Filed: 9/25/2003, Entered: 9/25/2003	Order
	ORDER by Judge Michael P. McCuskey granting in part and denying in part pla's post-trial motion for entry of statutory costs and statutory interest on Counts I thru IV of Plaintiff's Amended Complaint at Law [58-1]. Pla is awarded $653.30 of the $2,134.44 in statutory costs it requested. Pla is awarded $94,868.90 in statutory interest. (cc: all counsel) (SLJ, ilcd)


61	Filed: 9/17/2003, Entered: 9/17/2003	Response to Motion
	RESPONSE by all defendants to post-trial motion for entry of statutory costs and statutory interest on Counts I thru IV of Plaintiff's Amended Complaint at Law [58-1] (SD, ilcd)


60	Filed: 9/9/2003, Entered: 9/9/2003	Response to Motion
	RESPONSE by plaintiff Hanover Insurance Co to motion to extend time to file response [59-1] (SD, ilcd)


--	Filed: 9/9/2003, Entered: 9/10/2003	Minutes-Miscellaneous
	MINUTE-ENTRY: by Judge Michael P. McCuskey. On September 5, 2003, Defendants filed a Motion for extension of time to file response [59-1]. Defendants Motion (#59) is GRANTED. Defendants are allowed until September 17, 2003 to file their Response to Plaintiff's Motion for statutory interest (#58). No further extensions will be allowed. (cc: all counsel) (SD, ilcd)


59	Filed: 9/5/2003, Entered: 9/5/2003, Terminated: 9/9/2003	Motion for Extension of Time
	MOTION by all defendants to extend time to file response (SD, ilcd)


58	Filed: 8/27/2003, Entered: 8/27/2003, Terminated: 9/25/2003	Motion for Miscellaneous Relief
	Post-Trial MOTION by plaintiff Hanover Insurance Co for entry of statutory costs and statutory interest on Counts I thru IV of Plaintiff's Amended Complaint at Law (SD, ilcd)


56	Filed: 8/20/2003, Entered: 8/20/2003	Exhibit
	EXHIBIT LIST by defendants (SLJ, ilcd)


55	Filed: 8/20/2003, Entered: 8/20/2003	Exhibit
	EXHIBIT LIST by plaintiff Hanover Insurance Co (SLJ, ilcd)


54	Filed: 8/20/2003, Entered: 8/20/2003	Judgment*
	JUDGMENT in a civil case entered in favor of plaintiff and against defendants Ranken Ironworks, Kenneth Richardson and Ranken Steel in the amount of $199,724.00 for unpaid workers' compensation insurance premiums. Further ordered that judgment is entered in favor of dft S & K Investments of Champaign Inc and against pla. Case dismissed. (cc: all counsel) (SLJ, ilcd)


53	Filed: 8/20/2003, Entered: 8/20/2003	Jury Verdict
	VERDICT for defendant S & K Investments against plaintiff Hanover Insurance Co (SLJ, ilcd)


52	Filed: 8/20/2003, Entered: 8/20/2003	Jury Verdict
	VERDICT for plaintiff Hanover Insurance Co against defendant Ranken Ironworks LLC, defendant Kenneth Richardson, and defendant Ranken Steel Inc in the amount of $199,724.00 for total damages of unpaid workers' compensation insurance premiums. (SLJ, ilcd)


51	Filed: 8/20/2003, Entered: 8/20/2003	Proposed Jury Instructions
	COURT'S JURY INSTRUCTIONS (SLJ, ilcd)


--	Filed: 8/20/2003, Entered: 8/20/2003	Trial Exhibit
	EXHIBITS for plaintiff Hanover Insurance Co list [55-1] stored in manilla envelope in vault (SLJ, ilcd)


--	Filed: 8/20/2003, Entered: 8/20/2003	Minutes-Miscellaneous
	MINUTE-ENTRY: by Judge Michael P. McCuskey. Jury trial continued. Court waives Dft Richardson's presence for remainder of trial. Appearance of pla by James Barnes. Appearance of dfts by Wayne Smith. Court's jury instructions filed. Jury present in open court. Jury instructions read to jury. Closing arguments heard by pla and dft's. Court security sworn. Jury excused to begin deliberations. Jury present in open court. Verdicts entered. Jurors polled. Jurors excused. Court entered jgm in favor of the pla in amount of $199,724.00. plus statutory costs for total damages for unpaid workers' compensation insurance premiums from defendants Ranken Ironworks, Kenneth Richardson, and Ranken Steel. Verdict entered in favor of dft S & K Investments. Jury trial ended (cc: all counsel) (SLJ, ilcd)


50	Filed: 8/19/2003, Entered: 8/20/2003	Proposed Jury Instructions
	COURT'S PROPOSED JURY INSTRUCTIONS discussed at jury instruction conference (SLJ, ilcd) Modified on 08/20/2003


--	Filed: 8/19/2003, Entered: 8/19/2003	Minutes-Miscellaneous
	MINUTE-ENTRY: by Judge Michael P. McCuskey. Jury trial continued. Same appearances. Jury present in open court. Evidence for plaintiff continued. Witnesses sworn, testimony heard. Plaintiff rested. Outside the presence of the jury the Defendants orally moved for judgment as a matter of law. Arguments heard. Motion Denied. Jury present in open court. Evidence for Defendants heard. Witness's testimony heard. Defendants rested. Proofs closed. Jurors excused until 9:00 on 8/20/03. Plaintiff's oral motion for judgment as a matter of law. Arguments heard. Motion denied. Defendants renewed their oral motion for judgment as a matter of law. Arguments heard. Motion denied. Jury instruction conference held. Court adjourned until 8:45 on 8/20/03. (cc: all counsel) (SLJ, ilcd)


--	Filed: 8/18/2003, Entered: 8/19/2003	Minutes-Miscellaneous
	MINUTE-ENTRY: by Judge Michael P. McCuskey. Jury trial began at 8:30 on 8/18/03 . Appearance of Plaintiff by James Barnes. Defendant Kenneth Richardson appeared personally and with counsel Wayne Smith. On the Court's own motion all witnesses are excluded from the courtroom. Jury present for Voir Dire. Jurors sworn as to qualifications. Jurors selected and sworn to try the case. Statement of case read to jury. Preliminary instructions heard. Opening statements by pla and dft. Evidence for Plaintiff began. Witness sworn, testimony heard. Jury excused until 9:00 on 8/19/03. Court adjourned and to reconvene at 8:45 on 8/19/03. (cc: all counsel) (SLJ, ilcd)


49	Filed: 8/4/2003, Entered: 8/4/2003, Terminated: 8/4/2003	Motion to Continue
	MOTION by all defendants to continue trial (SD, ilcd)


--	Filed: 8/4/2003, Entered: 8/4/2003	Minutes-Miscellaneous
	MINUTE-ENTRY: by Judge Michael P. McCuskey. Jury trial began 8/4/03 . Appearances for pla by James Barnes; for dfts by Wayne Smith. Dfts' motion to continue presented to court. Recess. Reconvene with same appearances. Dfts' motion to continue filed. Motion to continue trial [49-1] is GRANTED. Jury trial set for 8/4/03 is VACATED and RESET to 8:30 on 8/18/03 . All subpoenas issued for witnesses are continued. Parties should notify the court by 4:30 p.m. on 8/14/03 whether the case has settled. Court adjourned. (cc: all counsel) (SD, ilcd)


48	Filed: 7/31/2003, Entered: 7/31/2003	Order
	ORDER by Judge Michael P. McCuskey. ORDERED that (1) Plaintiff's Objections to this Honorable Court's Proposed Jury Instructions (#43) is overruled. (2) Defendants' Propsed Statement of Case and Jury Instructions (#45) will not be used. (3) On consideration of Plaintiff's Response to Defendants' Objections to Plaintiff's Exhibit List (#44), this court now overrules Defendants' Objections to Plaintiff's Exhibits #4, #5, #6, and #7. (4) Plaintiff's Request for hearing on damages [44-1] is DENIED. (5) Plaintiff's Motion to Strike or for Partial Modification of Court's Instruction No. 13 [47-1] is DENIED in part and GRANTED in part. (6) If settlement is not reported in this case prior to July 31, 2003 at 4:00 p.m., this case will proceed to a jury trial on Monday, August 4, 2003 at 8:30 a.m. (cc: all counsel)(Order faxed to parties on 7/30/03) (SD, ilcd) Modified on 07/31/2003


47	Filed: 7/30/2003, Entered: 7/30/2003, Terminated: 7/31/2003	Motion to Strike
	MOTION by plaintiff Hanover Insurance Co to strike or for partial modification of court's instruction No. 13 (SLJ, ilcd)


46	Filed: 7/30/2003, Entered: 7/30/2003	Response
	RESPONSE by defendants to plaintiffs' obj's to the Court's proposed jury instructions [43-1] (SLJ, ilcd)


45	Filed: 7/30/2003, Entered: 7/30/2003	Proposed Jury Instructions
	JURY INSTRUCTIONS submitted by defendants (SLJ, ilcd)


45	Filed: 7/30/2003, Entered: 7/30/2003	Statement of Facts
	PROPOSED STATEMENT OF CASE by defendants (SLJ, ilcd)


44	Filed: 7/30/2003, Entered: 7/30/2003, Terminated: 7/31/2003	Motion for Hearing
	MOTION by plaintiff Hanover Insurance Co for hearing on damages (SD, ilcd)


44	Filed: 7/30/2003, Entered: 7/30/2003, Terminated: 7/31/2003	Response
	RESPONSE by plaintiff Hanover Insurance Co to Defendants' Objections to Plaintiff's Exhibit List [40-1] (SD, ilcd)


43	Filed: 7/29/2003, Entered: 7/29/2003	Response - Miscellaneous
	OBJECTIONS by plaintiff Hanover Insurance Co to this Honorable Court's Proposed Jury Instructions [42-1] (SD, ilcd)


42	Filed: 7/23/2003, Entered: 7/23/2003	Proposed Jury Instructions
	COURT'S PROPOSED JURY INSTRUCTIONS (SD, ilcd)


41	Filed: 7/23/2003, Entered: 7/23/2003	Statement of Facts
	COURT'S PROPOSED STATEMENT OF THE CASE (SD, ilcd)


--	Filed: 7/23/2003, Entered: 7/23/2003	Minutes-Miscellaneous
	MINUTE-ENTRY: by Judge Michael P. McCuskey. This court has prepared a packet of proposed jury instructions and a proposed statement of the case to be read to the jury during voir dire. The proposed jury instructions were prepared after reviewing the instructions proposed by the parties and the Defendant's objections to the Plaintiff's proposed instructions. The court's proposed instructions do not include Plaintiff's request for treble damages as these damages were not requested by the Plaintiff in its Amended Complaint. Also, the court's proposed instructions do not include the Plaintiff's request for statutory interest as this is an issue for the court to decide, not the jury. In addition, this court did not include instructions which would allow the jury to award the Plaintiff different amounts of damages from the Defendants Ranken Steel, Richardson and Ranken Ironworks. All three of these Defendants have been found liable for fraud and this court could not discern any reasoned basis for the jury to find that any of these Defendants were liable for any less than the total amount of damages awarded to the Plaintiff. Any objections to the Court's proposed jury instructions and proposed statement of the case must be filed with the court by 7/30/03. Any additional proposed instructions must also be filed with the court by 7/30/03 . (cc: all counsel w/ court's proposed statement of the case and the court's proposed jury instructions) (SD, ilcd) Modified on 07/23/2003


--	Filed: 7/22/2003, Entered: 7/22/2003	Minutes-Miscellaneous
	MINUTE-ENTRY: by Judge Michael P. McCuskey. On July 18, 2003, Plaintiff filed its Exhibit List (#38). On July 18, 2003, Defendants filed their Objection to Plaintiff's Exhibit List (#40). Defendants have objected to all of the exhibits on Plaintiff's Exhibit List except Exhibits 11, 12, 13 and 14, which are exhibits pertaining to the amount of damages Plaintiff is claiming. The remaining exhibits listed are: pleadings and memoranda filed by the parties in this case and in a prior case; an Order entered by this court; and statutes and case law. This court agrees with Defendants that none of the listed exhibits, other than Exhibits 11, 12, 13 and 14, are proper documentary evidence which should be admitted into evidence at trial or published to the jury. This court therefore sustains Defendants' objections to Plaintiff's Exhibits 1 through 10 and 15 through 35. (cc: all counsel) (SD, ilcd)


40	Filed: 7/18/2003, Entered: 7/18/2003	Response - Miscellaneous
	OBJECTIONS by defendant to plaintiff's exhibit list [38-1] (SD, ilcd)


39	Filed: 7/18/2003, Entered: 7/18/2003	Response - Miscellaneous
	OBJECTIONS by all defendants to Plaintiff's Proposed Jury Instructions (SD, ilcd)


38	Filed: 7/18/2003, Entered: 7/18/2003	Exhibit
	EXHIBIT LIST by plaintiff Hanover Insurance Co (SD, ilcd)


37	Filed: 7/14/2003, Entered: 7/14/2003	Pretrial Order
	PRE-TRIAL ORDER entered by Judge Michael P. McCuskey (SD, ilcd)


--	Filed: 7/14/2003, Entered: 7/14/2003	Minutes-Miscellaneous
	MINUTE-ENTRY: by Judge Michael P. McCuskey. This court has carefully reviewed the Parties' Proposed Final Pre-Trial Order submitted in this case. This court now approves the Final Pre-Trial Order. Accordingly, the Order will be signed and docketed. In the event that the parties wish to participate in a settlement conference with Judge Bernthal, the parties should contact Judge Bernthal immediately. If a settlement is reached in this case, the parties must advise this court that the case is settled by Thursday, July 31, 2003, at 4:00 p.m. If notification is made after that time, the parties will be assessed the cost of calling the jury for trial. (cc: all counsel) (SD, ilcd)


36	Filed: 7/11/2003, Entered: 7/11/2003	~Notice (other)
	NOTICE of filing proposed jury instructions by plaintiff Hanover Insurance Co (SLJ, ilcd)


--	Filed: 7/11/2003, Entered: 7/14/2003	Proposed Pretrial Order
	PROPOSED pre-trial order submitted by plaintiff, all defendants (SD, ilcd)


--	Filed: 7/11/2003, Entered: 7/11/2003	Minutes-Miscellaneous
	MINUTE-ENTRY: by Judge Michael P. McCuskey. Pretrial conf held 7/11/03 . Appearance of pla by James Barnes. Appearance of dfts by Wayne Smith. Court denied motion for entry of damages on Counts I thru IV of Plaintiff's Amended Complaint at Law [33-1]. Proposed final pretrial order filed in open court. Jury trial 7/28/03 is vacated and reset at 8:30 on 8/4/03 . Estimated length of trial 3-4 days. Exhibit lists to be filed by 7/18/03. Any pleadings to be addressed regarding the pretrial order to be filed by 7/18/03 . (cc: all counsel) (SLJ, ilcd)


35	Filed: 7/10/2003, Entered: 7/10/2003	Reply to Response to Motion
	REPLY by plaintiff Hanover Insurance Co to response in support of plaintiff's pre-trial motion for entry of damages on Counts I thru IV of Plaintiff's Amended Complaint at Law [33-1] (SD, ilcd)


34	Filed: 7/9/2003, Entered: 7/9/2003	Response to Motion
	RESPONSE by all defendants to motion for entry of damages on Counts I thru IV of Plaintiff's Amended Complaint at Law [33-1] (SD, ilcd)


33	Filed: 6/30/2003, Entered: 6/30/2003, Terminated: 7/11/2003	Motion for Miscellaneous Relief
	PRE-TRIAL MOTION by plaintiff Hanover Insurance Co for entry of damages on Counts I thru IV of Plaintiff's Amended Complaint at Law (SD, ilcd)


--	Filed: 6/26/2003, Entered: 6/26/2003	Minutes-Miscellaneous
	MINUTE-ENTRY: by Judge Michael P. McCuskey. Appearances for pla by James T. Barnes; for dfts by Wayne O. Smith. Telephone status hearing held at 11:00 on 6/26/03 . Status of case discussed. Option for settlement conference offered to parties. (cc: all counsel) (SD, ilcd)


32	Filed: 5/29/2003, Entered: 5/29/2003	Order
	ORDER by Judge Michael P. McCuskey. All motions in limine or any other pretrial motions must be filed with the Court by the close of business on 6/30/03 . Other ddl set 7/18/03 for any objections to the jury instructions or proposed voir dire questions . Final pretrial conference by personal appearance remains set at 2:30 on 7/11/03 . (cc: all counsel) (SD, ilcd)


31	Filed: 5/28/2003, Entered: 5/28/2003	Order
	ORDER by Judge Michael P. McCuskey granting motion for summary judgment pursuant to Rule 56(a) of the Federal Rules of Civil Procedure [20-1]. Judgment as to liability is entered in favor of Pla and against Dfts Ranken Ironworks, Ranken Steel and Richardson on Counts I and II of Pla Amended Complaint. Judgment as to liability is entered in favor of Pla and against Dfts Ranken Ironworks and Ranken Steel on Counts III and IV of Pla Amended Complaint. Count V remains pending against Ranken Steel, S&K Investments of Champaign, Inc. and Richardson. This case remains set for a jury trial at 8:30 on 7/28/03, on Count V of Pla Amended Complaint and on the issue of damages as to Counts I, II, III, and IV of Pla Amended Complaint. The final pretrial conference remains set at 2:30 on 7/11/03 . (cc: all counsel) (SD, ilcd)


--	Filed: 5/28/2003, Entered: 5/28/2003	Minutes-Miscellaneous
	MINUTE-ENTRY: by Judge Michael P. McCuskey. A telephone status conference is set for 11:00 a.m. on 6/26/03 , in the above-captioned matter. The Court will initiate the call. If counsel for either party needs to be contacted at a number other than his or her regular office telephone number, please notify the Court prior to June 26th. (cc: all counsel) (SD, ilcd)


30	Filed: 5/23/2003, Entered: 5/23/2003	Miscellaneous Document
	CERTIFICATE of SERVICE by all defendants (filed as proof of service) (SD, ilcd)


--	Filed: 5/2/2003, Entered: 5/2/2003	Minutes-Miscellaneous
	MINUTE-ENTRY: by Mag. Judge David G. Bernthal. Plaintiff's motion to compel defendants' compliance with written discovery [25-1] which has not been opposed by defendants, is granted. Defendants shall comply with the discovery requests outlined in the motion within ten days (10) of the date of this minute order. (cc: all counsel) (KW, ilcd)


29	Filed: 5/1/2003, Entered: 5/1/2003	Reply to Response to Motion
	REPLY by plaintiff Hanover Insurance Co to dfts response to motion for summary judgment pursuant to Rule 56(a) of the Federal Rules of Civil Procedure [20-1] (SD, ilcd)


28	Filed: 5/1/2003, Entered: 5/1/2003	Response
	RESPONSE by plaintiff Hanover Insurance Co to Dfts' Statement of Undisputed Facts [22-1] (SD, ilcd)


--	Filed: 4/25/2003, Entered: 4/25/2003	Order
	ENDORSED ORDER on its face by Judge Michael P. McCuskey granting motion to extend time until 5/1/03 to reply to dfts response to pla motion for summary judgment [27-1]. Other ddl set 5/1/03 for plaintiffs reply (cc: all counsel). (SD, ilcd)


27	Filed: 4/24/2003, Entered: 4/24/2003, Terminated: 4/25/2003	Motion for Extension of Time
	MOTION by plaintiff Hanover Insurance Co to extend time until 5/1/03 to reply to dfts response to pla motion for summary judgment (SD, ilcd)


26	Filed: 4/14/2003, Entered: 4/14/2003	Response to Motion
	RESPONSE by defendant to motion for summary judgment pursuant to Rule 56(a) of the Federal Rules of Civil Procedure [20-1] (SD, ilcd)


25	Filed: 4/14/2003, Entered: 4/14/2003, Terminated: 5/2/2003	Motion to Compel
	MOTION by plaintiff Hanover Insurance Co to compel dfts compliance with written discovery (SD, ilcd)


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24	Filed: 4/1/2003, Entered: 4/1/2003, Terminated: 4/1/2003	Motion for Hearing
	MOTION request by plaintiff Hanover Insurance Co for hearing and oral argument on its Motion for Summary Judgment pursuant to Rule 56(a) of the Federal Rules of Civil Procedure (SD, ilcd)


23	Filed: 4/1/2003, Entered: 4/1/2003	Miscellaneous Document
	CERTIFICATE OF COMPLIANCE with the type volume limitations of Local Rule 7.1(B)(2) by plaintiff Hanover Insurance Co (SD, ilcd)


22	Filed: 4/1/2003, Entered: 4/1/2003	Statement of Facts
	STATEMENT OF FACTS (undisputed) by plaintiff Hanover Insurance Co in support of motion for summary judgment pursuant to Rule 56(a) of the Federal Rules of Civil Procedure [20-1] (SD, ilcd)


21	Filed: 4/1/2003, Entered: 4/1/2003	Memorandum in Support of Motion
	MEMORANDUM IN SUPPORT of motion for summary judgment pursuant to Rule 56(a) of the Federal Rules of Civil Procedure [20-1] by plaintiff Hanover Insurance Co (SD, ilcd)


20	Filed: 4/1/2003, Entered: 4/1/2003, Terminated: 5/28/2003	Motion for Summary Judgment
	MOTION by plaintiff Hanover Insurance Co for summary judgment pursuant to Rule 56(a) of the Federal Rules of Civil Procedure (SD, ilcd)


--	Filed: 4/1/2003, Entered: 4/1/2003	Minutes-Miscellaneous
	MINUTE-ENTRY: by Judge Michael P. McCuskey. On April 1, 2003, Plaintiff filed a Motion for Summary Judgment (#20), a Memorandum in Support (#21) and a Statement of Facts (#22). Plaintiff also filed a Request for Hearing and Oral [24-1]. Plaintiff's Request for Hearing and Oral Argument (#24) is DENIED. (cc: all counsel) (SD, ilcd) Modified on 04/09/2003


19	Filed: 3/28/2003, Entered: 3/28/2003	Answer
	ANSWER by all defendants (SD, ilcd)


18	Filed: 3/11/2003, Entered: 3/11/2003	Amended Complaint
	AMENDED COMPLAINT by plaintiff Hanover Insurance Co [1-1] (SD, ilcd)


--	Filed: 3/6/2003, Entered: 3/7/2003	Minutes-Miscellaneous
	MINUTE-ENTRY: by Mag. Judge David G. Bernthal. At the request of counsel, a telephone conference hearing was held before the Honorable David G. Bernthal, U.S. Magistrate Judge, on 3/5/03. Plaintiff appeared by counsel James Barnes and Defendant appeared by counsel Wayne Smith. With respect to plaintiff's motion to compel [16-1], the parties reported that they had reached an agreement whereby Defendant would provide the agreed to discovery by 3/21/03. On the basis of that agreement, Plaintiff withdrew its motion (#16) without prejudice to refiling in the event of non compliance. With respect to the motion by plaintiff for leave to file amended complaint [17-1], Defendant indicated it had no objection. That motion (#17) is ALLOWED. The deadline to answer is 3/21/03. Defendant made an oral motion to modify the discovery calendar. There being no objection, the oral motion was allowed. The dispositive mtn filing ddl was extended to 4/1/03 . (cc: all counsel) (SD, ilcd)


17	Filed: 2/28/2003, Entered: 2/28/2003, Terminated: 3/6/2003	Motion for Leave to File
	MOTION by plaintiff Hanover Insurance Co for leave to file amended complaint (SD, ilcd)


16	Filed: 2/28/2003, Entered: 2/28/2003, Terminated: 3/6/2003	Motion to Compel
	MOTION by plaintiff Hanover Insurance Co to compel dfts' compliance with written discovery (SD, ilcd)


--	Filed: 11/22/2002, Entered: 11/22/2002	Minutes-Miscellaneous
	MINUTE-ENTRY: by Mag. Judge David G. Bernthal. Hearing held on 11/22/02 at 9:30 re motion for order for modification of case management dates [15-1]. No objection by dft. Motion for order for modification of case management dates [15-1] is allowed. Cut off date for oral fact discovery is 12/15/02. Reports from the parties retained experts are due 1/1/03. Deposition of parties experts must be completed by 2/1/03. Misc ddl reset to 2/3/03 for joining additional parties or to amend pleadings. Cut off date for all discovery is 2/3/03 . All dispositive motions must be filed by 3/7/03 . Final pretrial conference set at 2:30 on 7/11/03; Jury selection and Jury trial set 8:30 on 7/28/03 before the Honorable Michael P. McCuskey. Settlement conference options offered to parties. (cc: all counsel) (SD, ilcd) Modified on 08/20/2003


--	Filed: 11/6/2002, Entered: 11/7/2002	Minutes-Miscellaneous
	MINUTE-ENTRY: by Mag. Judge David G. Bernthal. A motion hearing regarding the pending Plaintiff's motion for order for modification of case management dates [15-1] is scheduled by telephone conference call at 9:30 on 11/22/02. The Court will initiate the call. (cc: all counsel) (SD, ilcd)


15	Filed: 10/21/2002, Entered: 10/21/2002, Terminated: 11/22/2002	Motion for Order
	MOTION by plaintiff Hanover Insurance Co for order for modification of case management dates (SD, ilcd)


14	Filed: 10/18/2002, Entered: 10/18/2002	~Notice (other)
	NOTICE OF DEPOSITION by all defendants (SD, ilcd)


--	Filed: 10/8/2002, Entered: 10/8/2002	Minutes-Miscellaneous
	MINUTE-ENTRY: by Mag. Judge David G. Bernthal. Per request of attorneys, telephone status conference held on 10/8/02 at 9:35 a.m. Appearance of pla by James T. Barnes; appearance of dfts by Wayne O. Smith. Pla motion to compel [13-1] is withdrawn. Motion for cancellation or continuance of the settlement conference [12-1] is granted. Settlement conference scheduled for 10:00 on 10/16/02 is vacated. If parties wish to reset settlement conference after further discovery, they are to notify the court. (cc: all counsel) (SD, ilcd)


13	Filed: 10/7/2002, Entered: 10/7/2002, Terminated: 10/8/2002	Motion to Compel
	MOTION by plaintiff Hanover Insurance Co to compel (SD, ilcd)


12	Filed: 10/3/2002, Entered: 10/3/2002, Terminated: 10/8/2002	Motion to Continue
	MOTION by plaintiff Hanover Insurance Co for cancellation or continuance of the settlement conference (SD, ilcd)


11	Filed: 7/17/2002, Entered: 7/17/2002	Order
	DISCOVERY ORDER by Mag. Judge David G. Bernthal. Misc ddl of 1/2/03 set for amendment of pleadings. The deadline for joining additional parties is 1/2/03. Pla shall disclose experts and provide expert reports by 12/1/02. Pla shall make any such experts available for deposition by 1/2/03. Dfts shall disclose experts and provide expert reports by 12/1/02. Dfts shall make any such experts available for deposition by 1/2/03. Written fact discovery shall be completed by 9/1/02. Oral fact discovery shall be completed by 11/1/02. All discovery, including deposition of experts, is to be completed by 1/2/03 . The ddl for filing case dispositive motions shall be 2/3/03 . The matter is scheduled for a settlement conference by personal appearance before U.S. Magistrate Judge David G. Bernthal at 10:00 on 10/16/02. The matter is scheduled for a final pretrial conference at 3:15 on 5/30/03 and jury selection and jury trial at 8:30 on 6/9/03 before the Honorable Michael P. McCuskey. (cc: all counsel) (SD, ilcd)


10	Filed: 7/17/2002, Entered: 7/17/2002	Order
	ORDER by Mag. Judge David G. Bernthal. It is ORDERED that this matter is scheduled for a settlement conference before U.S. Magistrate Judge David G. Bernthal at 10:00 on 10/16/02 at the U.S. Courthouse, 201 S. Vine St., Urbana IL. See Order. (cc: all counsel) (SD, ilcd)


--	Filed: 7/15/2002, Entered: 7/15/2002	Minutes-Miscellaneous
	MINUTE-ENTRY: by Mag. Judge David G. Bernthal. Rule 16 conference held at 1:30 on 7/15/02. Appearance of pla by James T. Barnes; appearance of dft by Wayne O. Smith. Proposed discovery plan approved. Parties advised of right to a settlement conference and to consent to the magistrate. This case is a #3 setting. Estimated length of trial is 3 days. Settlement conference set at 10:00 on 10/16/02 before U.S. Magistrate Judge David G. Bernthal. Written order to be entered. (cc: all counsel) (SD, ilcd)


9	Filed: 7/8/2002, Entered: 7/9/2002	Discovery - Miscellaneous
	PROPOSED DISCOVERY PLAN AND CASE MANAGEMENT SCHEDULE filed by defendants Ranken Ironworks LLC, S & K Investments, Kenneth Richardson (SD, ilcd)


8	Filed: 7/1/2002, Entered: 7/1/2002	Discovery - Miscellaneous
	PROPOSED DISCOVERY PLAN filed by plaintiff Hanover Insurance Co (SP, ilcd)


7	Filed: 5/29/2002, Entered: 5/29/2002	Order
	ORDER by Mag. Judge David G. Bernthal. ORDERED that this matter is scheduled for a Rule 16 conference at 1:30 on 7/15/02 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)


6	Filed: 5/10/2002, Entered: 5/10/2002	Answer
	ANSWER by all defendants (SD, ilcd)


5	Filed: 4/24/2002, Entered: 4/25/2002	Notice of Appearance
	ATTORNEY APPEARANCE by Wayne O. Smith for all defendants (SD, ilcd)


4	Filed: 2/27/2002, Entered: 2/27/2002	Notice of Appearance
	ATTORNEY APPEARANCE by atty James T Barnes for plaintiff Hanover Insurance Co (KM, ilcd)


3	Filed: 2/27/2002, Entered: 2/27/2002	Notice of Appearance
	ATTORNEY APPEARANCE by atty Theodore B Bell for plaintiff Hanover Insurance Co (KM, ilcd)


2	Filed: 2/27/2002, Entered: 2/27/2002	Filing Fee Received
	FILING FEE PAID on 2/27/02 in the amount of $150.00 receipt #U1132. (KM, ilcd)


1	Filed: 2/27/2002, Entered: 2/27/2002	Complaint
	COMPLAINT filed (summons(es) issued); case referred to Mag. Judge David G. Bernthal (KM, ilcd)

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