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 68 |
Filed: 12/20/2001, Entered: 12/21/2001 |
USCA Mandate |
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MANDATE from USCA dismissing the appeal [61-1] (HK, ilcd)
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| 67 |
Filed: 5/10/2001, Entered: 5/11/2001 |
USCA Order |
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COPY of USCA Order: A review of the short record reveals that this appeal involves more than one appellee represented by different counsel. Counsel for appellees are encouraged to file a joint brief and appendix or adopt parts of a co-appellee's brief. The parties are reminded that redundant and uncoordinted briefing will be stricken. (SH, ilcd)
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| 66 |
Filed: 5/7/2001, Entered: 5/7/2001 |
Notice of Change of Address |
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NOTICE by defendant Memphis Barge Line of change of address of Law Firm of Goldstein and Price, L.C. (SH, ilcd)
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| 65 |
Filed: 5/7/2001, Entered: 5/7/2001 |
USCA Notice of Docketing ROA |
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Notification by USCA of Appellate Docket Number 01-2071 (SH, ilcd)
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| 63 |
Filed: 4/25/2001, Entered: 4/26/2001 |
USCA Appeal Fees |
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Received appeal fee in amount of $ 105.00 ( Receipt # P835) (SH, ilcd)
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| 62 |
Filed: 4/25/2001, Entered: 4/26/2001 |
Jurisdictional Statement |
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JURISDICTIONAL DOCKETING STATEMENT filed by plaintiff Del Proffer (SH, ilcd)
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| 61 |
Filed: 4/25/2001, Entered: 4/26/2001 |
Notice of Appeal |
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NOTICE of APPEAL by plaintiff Del Proffer from Dist. Court decision, [60-1] (cc: all counsel) (SH, ilcd)
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| 64 |
Filed: 4/15/2001, Entered: 4/26/2001 |
Short Record of Appeal Sent to USCA |
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SHORT RECORD ON APPEAL sent to USCA (SH, ilcd)
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| 60 |
Filed: 3/29/2001, Entered: 4/9/2001 |
Judgment* |
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JUDGMENT in a civil case entered (cc: all counsel) (SH, ilcd)
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| 59 |
Filed: 3/29/2001, Entered: 3/29/2001 |
Order |
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ORDER by Chief Judge Joe B. McDade granting motion for summary judgment [46-1], granting motion for summary judgment [44-1] Case terminated. (See Order) (cc: all counsel) (SH, ilcd)
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| 58 |
Filed: 3/5/2001, Entered: 3/5/2001 |
Response |
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RESPONSE by defendant Premcor USA to Plaintiff's Statement of Additional Undisputed Facts [55-1] (SH, ilcd)
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| 57 |
Filed: 3/5/2001, Entered: 3/5/2001 |
Reply to Response to Motion |
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REPLY by defendant Premcor USA to response to motion for summary judgment [44-1] (SH, ilcd)
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| 56 |
Filed: 2/27/2001, Entered: 2/27/2001 |
Reply to Response to Motion |
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REPLY by defendant Memphis Barge Line to response to motion for summary judgment [46-1] (SH, ilcd)
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| 55 |
Filed: 2/20/2001, Entered: 2/21/2001 |
Statement of Facts |
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STATEMENT OF Additional FACTS ( Undisputed) by plaintiff in regard to motion for summary judgment [46-1] and motion for summary judgment [44-1] (SH, ilcd)
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| 54 |
Filed: 2/20/2001, Entered: 2/20/2001 |
Response |
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RESPONSE by plaintiff to Statement of Undisputed Facts of Defendant, Premcor [44-1] (SH, ilcd)
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| 53 |
Filed: 2/20/2001, Entered: 2/20/2001 |
Response |
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RESPONSE by plaintiff to Statement of Undisputed Facts of Defendant, Memphis Barge Lines, Inc. [48-1] (SH, ilcd)
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| 52 |
Filed: 2/20/2001, Entered: 2/20/2001 |
Memorandum in Opposition to Motion/Petition |
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MEMORANDUM IN OPPOSITION to Defendant Premcor's motion for summary judgment [44-1] by plaintiff (SH, ilcd)
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Filed: 2/20/2001, Entered: 2/20/2001 |
Minutes-Miscellaneous |
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MINUTE-ENTRY: by Mag. Judge John A. Gorman. Case set for settlement conference at 1:30 on Thursday, 2/22/01 is cancelled (at parties request). (Clerk notified counsel via phone) (cc: all counsel) (KB, ilcd)
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| 51 |
Filed: 2/16/2001, Entered: 2/16/2001 |
Order |
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ORDER by Chief Judge Joe B. McDade granting motion to extend time to respond to Defendants' Motions for Summary Judgment [49-1]. Plaintiff granted up to and including 2/19/01 to respond to defendants' motion for summary judgment [46-1] and motion for summary judgment [44-1]. (cc: all counsel) (SH, ilcd)
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| 50 |
Filed: 2/13/2001, Entered: 2/13/2001 |
Letter |
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LETTER to Mag Judge Gorman re: settlement conference on 2/22/01 and pending summary judgment motions (SH, ilcd)
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| 49 |
Filed: 2/13/2001, Entered: 2/13/2001, Terminated: 2/16/2001 |
Motion for Extension of Time |
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MOTION by plaintiff Del Proffer to extend time to respond to Defendants' Motions for Summary Judgment (SH, ilcd)
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Filed: 2/7/2001, Entered: 2/8/2001 |
Minutes-Miscellaneous |
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MINUTE-ENTRY: by Chief Judge Joe B. McDade The Final Pretrial conference before Judge Gorman on 4/12/01 is cancelled and is consolidated with the supplemental final Pretrial conference set before Chief Judge McDade on Thurs., 4/26/01 at 2:00 PM (parties to meet with law clerk at 1:00 PM regarding jury instructions). However, the proposed final pretrial order and other submissions pursuant to Rule 16 shall be filed with Judge McDade on or before 4/12/01 . (cc: all counsel) (SH, ilcd)
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| 48 |
Filed: 2/1/2001, Entered: 2/1/2001 |
Statement of Facts |
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STATEMENT OF FACTS ( Undisputed) by defendant Memphis Barge Line in support of motion for summary judgment [46-1] (SH, ilcd)
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| 47 |
Filed: 2/1/2001, Entered: 2/1/2001 |
Memorandum in Support of Motion |
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MEMORANDUM IN SUPPORT of motion for summary judgment [46-1] by defendant Memphis Barge Line (SH, ilcd)
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| 46 |
Filed: 2/1/2001, Entered: 2/1/2001, Terminated: 3/29/2001 |
Motion for Summary Judgment |
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MOTION by defendant Memphis Barge Line for summary judgment (SH, ilcd)
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| 45 |
Filed: 2/1/2001, Entered: 2/1/2001 |
Memorandum in Support of Motion |
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MEMORANDUM IN SUPPORT of motion for summary judgment [44-1] by defendant Premcor USA (SH, ilcd)
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| 44 |
Filed: 2/1/2001, Entered: 2/1/2001, Terminated: 3/29/2001 |
Motion for Summary Judgment |
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MOTION by defendant Premcor USA for summary judgment and Statement of Undisputed Material Facts (SH, ilcd)
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Filed: 1/16/2001, Entered: 1/17/2001 |
Minutes-Miscellaneous |
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MINUTE-ENTRY: by Chief Judge Joe B. McDade Defendant Premcor, U.S.A.'s motion to extend time to file dispositive motions until 2/1/01 [42-1] is hereby GRANTED. All dates previously set in this matter are cancelled and rescheduled for the following dates. Any dispositive motions must be filed by Mtn filing ddl of 2/1/01 . A Final Pretrial conference will be held in front of Magistrate Judge Gorman on Thurs., 4/12/01 at 1:30 PM. A Supplemental Final Pre-Trial Conference will be held on Thurs., 4/26/01 at 2:00 PM with Judge McDade. Parties are to meet with the law clerk at 1:00 PM on that day to discuss jury instructions. A Jury trial is set for Mon., 5/14/01 at 9:00 AM (cc: all counsel) (SH, ilcd)
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| 43 |
Filed: 1/12/2001, Entered: 1/12/2001 |
Order |
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ORDER by Mag. Judge John A. Gorman granting motion to extend time to file dispositive motions until 2/1/01 [42-1]. It is Ordered that said motion is hereby allowed and said defendant is granted to and including 2/1/01 within which to file a dispositive motion. (cc: all counsel) (RK, ilcd)
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| 42 |
Filed: 1/11/2001, Entered: 1/11/2001, Terminated: 1/12/2001 |
Motion for Extension of Time |
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MOTION by defendant Premcor USA to extend time to file dispositive motions until 2/1/01 with proposed order (WW, ilcd)
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| -- |
Filed: 1/8/2001, Entered: 1/8/2001 |
Minutes-Miscellaneous |
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MINUTE-ENTRY: by Mag. Judge John A. Gorman. Motion hearing set 1/16/01 at 10:00 a.m. re: motion for joinder in motion for order to bar Plaintiff from calling opinion witnesses at trial [39-1], or alternatively motion for additional/extend time for MBL to name experts [39-2], motion to continue trial setting [40-1], motion to amend discovery schedule and order [40-2], motion for order to bar Plaintiff from calling opinion witnesses at trial [39-1], and motion for additional/extend time for MBL to name experts [39-2] is CANCELED. (cc: all counsel) (RK, ilcd)
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| -- |
Filed: 1/8/2001, Entered: 1/8/2001 |
Minutes-Miscellaneous |
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MINUTE-ENTRY: by Mag. Judge John A. Gorman. Telephone Status Conference held 1/4/01. Discussion re: filing dispositive motions not less than 90 days from trial date of 4/16/01. Parties are to file Dispositive Mtn filing ddl 1/17/01 . (cc: all counsel) (RK, ilcd)
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| -- |
Filed: 1/4/2001, Entered: 1/4/2001 |
Minutes-Miscellaneous |
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MINUTE-ENTRY: by Mag. Judge John A. Gorman. Parties present via phone by Attys Dugan/Gregory/Kirby/Schmitt for Telephone Status hearing at 9:30 a.m. on 1/4/01 . Same held. Parties advised that the matter of taking of Dr. Vest's deposition has been resolved. The Court finds that motion for order to bar Plaintiff from calling opinion witnesses at trial [39-1] is MOOT, the motion for additional/extend time for MBL to name experts [39-2] is MOOT, the motion to continue trial setting [40-1] is MOOT, the motion to amend discovery schedule and order [40-2] is MOOT, and the motion for joinder in motion for order to bar Plaintiff calling opinion witnesses at trial [39-1], or alternatively motion for additional/extend time for MBL to name experts [39-2] [41-1] is MOOT. (cc: all counsel) (RK, ilcd)
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| -- |
Filed: 1/2/2001, Entered: 1/2/2001 |
Minutes-Miscellaneous |
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MINUTE-ENTRY: by Mag. Judge John A. Gorman setting motion for joinder in motion for order to bar Plaintiff from calling opinion witnesses at trial [39-1], or alternatively motion for additional/extend time for MBL to name experts [39-2], motion to continue trial setting [40-1], motion to amend discovery schedule and order [40-2], motion for order to bar Plaintiff from calling opinion witnesses at trial [39-1], and motion for additional/extend time for MBL to name experts [39-2] at 10:00 AM, Tues., 1/16/01 (via phone - court to call). (cc: all counsel) (SH, ilcd)
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| -- |
Filed: 12/29/2000, Entered: 12/29/2000 |
Minutes-Miscellaneous |
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MINUTE-ENTRY: by Mag. Judge John A. Gorman case set for status hearing at 9:30 on Thursday, 1/4/01 via phone, court to set up call (re: discovery scheduled). (cc: all counsel) (KB, ilcd)
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| 41 |
Filed: 12/26/2000, Entered: 12/26/2000, Terminated: 1/4/2001 |
Motion for Miscellaneous Relief |
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MOTION by defendant Clark USA Inc for joinder in motion for order to bar Plaintiff from calling opinion witnesses at trial [39-1], or alternatively motion for additional/extend time for MBL to name experts [39-2] (SH, ilcd)
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| 40 |
Filed: 12/26/2000, Entered: 12/26/2000, Terminated: 1/4/2001 |
Motion to Continue |
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MOTION by plaintiff Del Proffer to continue trial setting , or, in the alternative, to amend discovery schedule and order (SH, ilcd)
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| 39 |
Filed: 12/21/2000, Entered: 12/26/2000 |
Motion for Order |
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MOTION by defendant Memphis Barge Line for order to bar Plaintiff from calling opinion witnesses at trial or alternatively for additional/extend time for MBL to name experts (HK, ilcd)
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| -- |
Filed: 10/11/2000, Entered: 10/11/2000 |
Minutes-Miscellaneous |
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MINUTE-ENTRY: by Mag. Judge John A. Gorman granting motion to substitute party (filed as Suggestion of Name Change) [38-1]; terminating defendant Clark USA Inc and adding defendant Premcor USA f/k/a Clark USA Inc (cc: all counsel) (HK, ilcd)
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| -- |
Filed: 9/19/2000, Entered: 9/20/2000 |
Minutes-Miscellaneous |
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MINUTE-ENTRY: by Mag. Judge John A. Gorman granting motion to withdraw and substitute attorney [37-1] attorney William A Schmitt for Clark USA Inc at new law firm substituted. (cc: all counsel) (SH, ilcd)
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| 38 |
Filed: 9/18/2000, Entered: 9/19/2000 |
Motion to Substitute Party |
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MOTION by defendant Clark USA Inc to substitute party (filed as Suggestion of Name Change) (SH, ilcd)
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| 37 |
Filed: 9/18/2000, Entered: 9/19/2000 |
Motion to Substitute Attorney |
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MOTION by defendant Clark USA Inc to withdraw and substitute attorney (SH, ilcd)
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Filed: 9/18/2000, Entered: 9/19/2000 |
Notice of Appearance |
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ATTORNEY APPEARANCE for defendant Clark USA Inc (SH, ilcd)
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| 36 |
Filed: 4/19/2000, Entered: 4/20/2000 |
Answer |
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ANSWER by defendant Memphis Barge Line to Second Amended Complaint (SH, ilcd)
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| 35 |
Filed: 4/17/2000, Entered: 4/18/2000 |
Order |
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ORDER Setting Revised Discovery Schedule by Mag. Judge John A. Gorman (see order) (cc: all counsel) (SH, ilcd)
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Filed: 4/17/2000, Entered: 4/18/2000 |
Minutes-Miscellaneous |
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MINUTE-ENTRY: by Mag. Judge John A. Gorman granting joint motion for revised discovery schedule [34-1]. All previous dates have been cancelled and the following dates have been set: All discovery to be completed by 2/1/01. Settlement conference in person before Judge Gorman set Thurs., 2/22/01 at 1:30 PM ; Final Pretrial conference in person before Judge Gorman set Thurs., 3/8/01 at 1:30 PM ; Supplemental Final Pretrial set Fri., 3/30/01 at 10:30 AM (parties to meet with law clerk at 9:30 AM for jury instruction conference) ; Jury trial set Mon., 4/16/01 at 9:00 AM . (cc: all counsel) (SH, ilcd) Modified on 08/15/2000
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| 34 |
Filed: 4/14/2000, Entered: 4/14/2000, Terminated: 4/17/2000 |
Discovery - Miscellaneous |
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Joint Motion filed by plaintiff Del Proffer, defendants Waxler Towing Co, Memphis Barge Line, and Clark USA Inc for entry of a revised Discovery Schedule (RK, ilcd)
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| 33 |
Filed: 4/10/2000, Entered: 4/12/2000 |
Affirmative Defenses |
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AFFIRMATIVE DEFENSES filed by defendant Clark USA Inc (RK, ilcd)
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| 33 |
Filed: 4/10/2000, Entered: 4/11/2000 |
Answer |
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ANSWER by defendant Clark USA Inc to Second Amended Complaint and Demand for Trial by Jury (RK, ilcd)
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| 32 |
Filed: 4/6/2000, Entered: 4/7/2000 |
Order |
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ORDER by Mag. Judge John A. Gorman granting motion for voluntary dismissal of Waxler Towing Company, Inc. pursuant to Rule 41(a)(1) [31-1] terminating party Waxler Towing Co (cc: all counsel) (SH, ilcd)
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| 31 |
Filed: 4/5/2000, Entered: 4/5/2000, Terminated: 4/6/2000 |
Motion to Dismiss |
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MOTION filed as Stipulation by plaintiff Del Proffer, defendants Waxler Towing Co, and Memphis Barge Line, defendant Clark USA Inc for voluntary dismissal of Waxler Towing Company, Inc. pursuant to Rule 41(a)(1) with proposed Order (RK, ilcd) Modified on 04/06/2000
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| 30 |
Filed: 3/23/2000, Entered: 3/23/2000 |
Order |
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ORDER by Mag. Judge John A. Gorman. Parties are hereby granted up to & including misc ddl of 4/17/00 to file their amended joint scheduling & discovery order (cc: all counsel) (HK, ilcd)
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| 29 |
Filed: 3/23/2000, Entered: 3/23/2000 |
Letter |
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LETTER from Atty Robert Gregory to Mag Judge Kauffman dated 3/20/00 re: extension of time to file a responsive pleading up to & including 4/15/00 in order to file the joint amended scheduling order (HK, ilcd)
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| 28 |
Filed: 3/16/2000, Entered: 3/17/2000 |
Service - Miscellaneous |
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RETURN OF SERVICE executed upon defendant Clark USA Inc on 2/18/00 (HK, ilcd)
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| 27 |
Filed: 3/3/2000, Entered: 3/3/2000 |
Affirmative Defenses |
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AFFIRMATIVE DEFENSES filed by defendant Waxler Towing Co (HK, ilcd)
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| 27 |
Filed: 3/3/2000, Entered: 3/3/2000 |
Answer |
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ANSWER to Second Amended Complaint by defendant Waxler Towing Co; jury demand (HK, ilcd)
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| -- |
Filed: 2/18/2000, Entered: 2/18/2000 |
Minutes-Miscellaneous |
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MINUTE-ENTRY: Case referred to Mag. Judge John A. Gorman (HK, ilcd)
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| 26 |
Filed: 2/2/2000, Entered: 2/2/2000 |
Summons Issued |
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SUMMONS issued as to defendant Clark USA Inc and returned to plaintiff's attorney (HK, ilcd)
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| 25 |
Filed: 2/1/2000, Entered: 2/1/2000 |
Amended Complaint |
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SECOND AMENDED COMPLAINT by plaintiff Del Proffer; jury demand [12-1]; adding Clark USA Inc (HK, ilcd)
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| 24 |
Filed: 2/1/2000, Entered: 2/1/2000 |
Order |
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ORDER by Mag. Judge Robert J. Kauffman granting motion to amend complaint to add additional defendant [23-1] & granting motion entry of an amended scheduling & discovery order [23-2]. Clerk ordered to execute summons upon Defendant Clark, USA Inc & return to Plaintiff for service. The Court order that an amended joint report of parties & proposed scheduling & discovery order will by filed by misc ddl of 3/10/2000. (cc: all counsel) (HK, ilcd)
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| 23 |
Filed: 1/24/2000, Entered: 1/24/2000, Terminated: 2/1/2000 |
Motion to Amend/Correct |
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MOTION by plaintiff Del Proffer to amend complaint to add additional defendant (with proposed amended complaint) and for entry of an amended scheduling & discovery order (HK, ilcd)
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| -- |
Filed: 9/23/1999, Entered: 9/23/1999 |
Minutes-Miscellaneous |
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MINUTE-ENTRY: by the Clerk of the Court, due to scrivener's error the minute entry dated 9/21/99 in re jury instructions conference should read as follows: Parties to appear at 2:30 p.m. on Thursday, 11/30/2000 in person for jury instruction conference prior to the supplemental final pretrial set for 11/30/2000 at 3:30 p.m. (cc: all counsel) (WW, ilcd)
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| 22 |
Filed: 9/21/1999, Entered: 9/21/1999 |
Scheduling Order |
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SCHEDULING ORDER by Mag. Judge Robert J. Kauffman. (cc: all counsel) (WW, ilcd)
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Filed: 9/21/1999, Entered: 9/21/1999 |
Minutes-Miscellaneous |
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MINUTE-ENTRY: by Chief Judge Joe B. McDade. Parties to appear at 2:30 p.m. on Thursday, 11/30/99 in person for jury instruction conference prior to the supplemental final pretrial set for 11/30/99 at 3:30 p.m. (cc: all counsel) (WW, ilcd)
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| -- |
Filed: 9/21/1999, Entered: 9/21/1999 |
Minutes-Miscellaneous |
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MINUTE-ENTRY: by Mag. Judge Robert J. Kauffman; Parties present via phone by Dugan/Massey/Farmer/Sohn/Kirby for Rule 16 conference. Same held. Discovery to be completed by 7/1/2000. Dispositive motions to be filed by 8/1/2000. Settlement conference set at 1:30 p.m. on Friday, 7/14/2000 in person in Peoria before the Magistrate Judge. Final pretrial conference set at 1:30 p.m. on Friday, 11/17/2000 in person before the Magistrate Judge in Peoria. Supplemental final pretrial (Misc hearing) is set at 3:30 p.m. on Thursday, 11/30/2000 in person in Peoria before Chief Judge Joe B McDade. Jury trial set at 9:00 a.m. on Monday, 12/18/2000 in person in Peoria. Scheduling order to enter. (cc: all counsel) (WW, ilcd)
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| 21 |
Filed: 9/15/1999, Entered: 9/15/1999 |
Discovery - Miscellaneous |
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JOINT REPORT OF PARTIES and PROPOSED SCHEDULING DISCOVERY PLAN filed by plaintiff Del Proffer, defendant Waxler Towing Co, and defendant Memphis Barge Line (RK, ilcd) Modified on 09/15/1999
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| 20 |
Filed: 9/13/1999, Entered: 9/13/1999 |
Affirmative Defenses |
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AFFIRMATIVE DEFENSES filed by defendant Memphis Barge Line (HK, ilcd)
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| 20 |
Filed: 9/13/1999, Entered: 9/13/1999 |
Answer |
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ANSWER to Plaintiff's amended complaint by defendant Memphis Barge Line (HK, ilcd)
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Filed: 8/31/1999, Entered: 8/31/1999 |
Minutes-Miscellaneous |
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MINUTE-ENTRY: by Chief Judge Joe B. McDade ; Initial pretrial/Rule 16 conference set for Tuesday, 9/21/99, at 1:30 am in person. Rule 16 notice enclosed. Plaintiff to notify defendant of hearing. (cc: all counsel) (RK, ilcd)
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| 19 |
Filed: 8/30/1999, Entered: 8/31/1999 |
Case Transferred In - District Transfer |
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ORIGINAL FILE, certified copy of transfer order, and docket sheet received from Southern District Illinois (#98-843); documents #1-18; document entry mailed to all counsel advising of new case number for the Peoria Division is 99-1274. Case referred to Mag. Judge Robert J. Kauffman (cc:all counsel) (RK, ilcd) Modified on 08/31/1999
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| 12 |
Filed: 4/5/1999, Entered: 8/31/1999 |
Amended Complaint |
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AMENDED COMPLAINT by plaintiff Del Proffer; jury demand [2-1] (RK, ilcd)
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| 5 |
Filed: 11/25/1998, Entered: 8/31/1999 |
Affirmative Defenses |
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AFFIRMATIVE DEFENSES filed by defendant Waxler Towing Co (RK, ilcd)
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| 5 |
Filed: 11/25/1998, Entered: 8/31/1999 |
Answer |
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ANSWER by defendant Waxler Towing Co; jury demand (RK, ilcd)
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| 2 |
Filed: 11/25/1998, Entered: 8/31/1999 |
Complaint |
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COMPLAINT case referred to Mag. Judge Robert J. Kauffman (RK, ilcd)
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