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 268 |
Filed: 2/7/2014, Entered: None |
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NOTICE of Hearing: Status Conference set for 2/13/2014 08:30 AM via Telephone Conference call before Magistrate Judge Philip M. Frazier. Counsel for Plaintiff shall place the conference call between opposing counsel and the court (618-439-7750). (ajt)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 02/07/2014)
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| 267 |
Filed: 12/17/2013, Entered: None |
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Transcript of Motion Hearing held on November 15, 2013, before Judge Michael J. Reagan. Court Reporter/Transcriber Barbara Kniepmann, Telephone number 618-482-9482. NOTICE: Attorneys and unrepresented parties have 7 calendar days to file a Notice of Intent to Request Redaction of this transcript and 21 calendar days to file a Redaction Request. If redactions are not requested, the transcript will be made remotely available to the public without redaction after 90 calendar days. See the full Transcript Policy on the website at http://www.ilsd.uscourts.gov/forms/TransPolicy.pdf Transcript may be viewed at the public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/7/2014. Redacted Transcript Deadline set for 1/17/2014. Release of Transcript Restriction set for 3/17/2014. (bkk, ) (Entered: 12/17/2013)
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| 266 |
Filed: 11/26/2013, Entered: None |
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ORDER re 265 90 Day Order. The parties are further ordered to comply with any and all terms of settlement reached in this matter, as those terms may be evidenced in a settlement agreement or other document. Failure to abide by this Order may result in contempt of court. Signed by Magistrate Judge Philip M. Frazier on 11/26/2013. (kls)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 11/26/2013)
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| 265 |
Filed: 11/22/2013, Entered: None |
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90 DAY ORDER: The undersigned District Judge has been advised by the Honorable Philip M. Frazier, United States Magistrate Judge, that the above-captioned action is settled in its entirety, but the parties need additional time to finalize the settlement documents. Accordingly, the undersigned District Judge DIRECTS the Clerk of Court, 90 days after this Order is docketed, to ENTER JUDGMENT OF DISMISSAL with prejudice. Each party shall bear his own costs, unless otherwise provided in the settlement documents. If the parties fail to finalize the settlement within the 90-day period, they may -- before that period expires -- move to postpone entry of judgment to a later date. Due to the settlement, the Court CANCELS all settings herein, including the November 26, 2013 final pretrial conference and the December 2, 2013 jury trial. All pending motions are denied as moot. (Responses due by 2/24/2014). Signed by Judge Michael J. Reagan on 11/22/2013. (bak)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 11/22/2013)
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Request |
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| 264 |
Filed: 11/22/2013, Entered: None |
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ORDER re 241 Motion Hearing DENYING Defendants' Motion to Exclude (Doc. 145 ). Signed by Judge Michael J. Reagan on 11/22/2013. (bak) (Entered: 11/22/2013)
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| 263 |
Filed: 11/20/2013, Entered: None |
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Memorandum and Order, denying 146 Motion for Summary Judgment; granting in part and denying in part 147 Motion for Summary Judgment; denying 151 Motion for Summary Judgment; denying 168 Motion to Strike. Signed by Judge Michael J. Reagan on 11/20/13. (dkd ) (Entered: 11/20/2013)
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| 262 |
Filed: 11/19/2013, Entered: None |
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ORDER: Jury Selection will take place on Tuesday, November 26, 2013 at 9:00 a.m. Counsel for both sides should arrive at 8:45 a.m. and bring with them a combined agreed Statement of the Case for the undersigned District Judge to read to the jury, as well as a combined Witness List. Each side will have thirty minutes for voir dire. (In light of this change, the proposed voir dire questions no longer need to be submitted to the Court ahead of time). Further, the Final Pretrial Conference remains set for Tuesday, November 26, 2013 at 1:00 p.m. Also at this time, the Court will hold the Preliminary Jury Instruction Conference. Counsel for both sides are directed to bring three packets of jury instructions, which include: (1) agreed instructions, (2) Relator's instructions to which Defendants object, and (3) Defendants' instructions to which Relator objects. The Joint Final Pretrial Order is due on or before Friday, November 22, 2013. Signed by Judge Michael J. Reagan on 11/19/2013. (bak)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 11/19/2013)
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Request |
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| 261 |
Filed: 11/18/2013, Entered: None |
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RESPONSE in Opposition re 222 MOTION in Limine Concerning De Minimis Exhibits And Arguments filed by Kmart Corporation, Sears Holdings Corporation. (DeShano, Kimberly) (Entered: 11/18/2013)
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Request |
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 260 |
Filed: 11/18/2013, Entered: None |
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Sealed Document. (DeShano, Kimberly) (Entered: 11/18/2013)
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| 259 |
Filed: 11/18/2013, Entered: None |
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RESPONSE in Opposition re 219 MOTION in Limine Concerning Advice-of-Counsel Defense filed by Kmart Corporation, Sears Holdings Corporation. (Attachments: # 1 Exhibit 1 - 5)(DeShano, Kimberly) (Entered: 11/18/2013)
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Request |
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| 258 |
Filed: 11/18/2013, Entered: None |
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RESPONSE to 234 Supplement (Defendants Response To Plaintiffs Supplemental Brief In Support Of His Motion For Partial Summary Judgment And In Opposition To Defendants Motion For Summary Judgment) filed by Kmart Corporation, Sears Holdings Corporation. (Attachments: # 1 Exhibit A)(DeShano, Kimberly) (Entered: 11/18/2013)
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Request |
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| 257 |
Filed: 11/18/2013, Entered: None |
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RESPONSE to 210 Order to Show Cause filed by Kmart Corporation, Sears Holdings Corporation. (DeShano, Kimberly) (Entered: 11/18/2013)
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Request |
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| 256 |
Filed: 11/18/2013, Entered: None |
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Sealed Document. (DeShano, Kimberly) (Entered: 11/18/2013)
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| 255 |
Filed: 11/18/2013, Entered: None |
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RESPONSE in Opposition re 220 MOTION in Limine Concerning Other Litigation filed by Kmart Corporation, Sears Holdings Corporation. (Attachments: # 1 Exhibit A - F)(DeShano, Kimberly) (Entered: 11/18/2013)
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Request |
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| 254 |
Filed: 11/18/2013, Entered: None |
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RESPONSE in Opposition re 218 MOTION in Limine Concerning the Government's Non-Intervention Decision filed by Kmart Corporation, Sears Holdings Corporation. (DeShano, Kimberly) (Entered: 11/18/2013)
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Request |
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| 253 |
Filed: 11/18/2013, Entered: None |
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RESPONSE in Opposition re 217 MOTION in Limine to Prohibit Defendants from Mischaracterizing the Government's Continued Payment of Claims filed by Kmart Corporation, Sears Holdings Corporation. (DeShano, Kimberly) (Entered: 11/18/2013)
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Request |
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| 252 |
Filed: 11/18/2013, Entered: None |
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RESPONSE in Opposition re 228 MOTION in Limine No. 5 To Exclude Any Mention By Plaintiff About The Implied Certification Theory As It Relates To Claims That Pre-Date March 23, 2010 filed by Michael Yarberry. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Martins, Paul) (Entered: 11/18/2013)
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Request |
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| 251 |
Filed: 11/18/2013, Entered: None |
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RESPONSE in Opposition re 221 MOTION in Limine Concerning His Prior Employment And CVS Employment Records filed by Kmart Corporation, Sears Holdings Corporation. (Attachments: # 1 Exhibit A - C)(DeShano, Kimberly) (Entered: 11/18/2013)
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Request |
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| 250 |
Filed: 11/18/2013, Entered: None |
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RESPONSE to Motion re 216 MOTION in Limine Concerning the Attorneys' Fees and Costs Provisions of the False Ciaims Act filed by Kmart Corporation, Sears Holdings Corporation. (DeShano, Kimberly) (Entered: 11/18/2013)
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Request |
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| 249 |
Filed: 11/18/2013, Entered: None |
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RESPONSE to Motion re 215 MOTION in Limine to Exclude from the Jury any Reference of the Trebling of Damages and Imposition of Civil Penalties filed by Kmart Corporation, Sears Holdings Corporation. (DeShano, Kimberly) (Entered: 11/18/2013)
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Request |
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| 248 |
Filed: 11/18/2013, Entered: None |
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RESPONSE in Opposition re 229 MOTION in Limine No. 6 To Exclude Evidence Suggesting That Shop Your Way Rewards Points Issued To Government Health Plan Beneficiaries Constitute AKS Violations filed by Michael Yarberry. (Attachments: # 1 Exhibit A. 11-11-13 Letter)(Martins, Paul) (Entered: 11/18/2013)
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Request |
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| 247 |
Filed: 11/18/2013, Entered: None |
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RESPONSE in Opposition re 226 MOTION in Limine No. 4 To Exclude Certain Hearsay Testimony filed by Michael Yarberry. (Keller, Timothy) (Entered: 11/18/2013)
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| 246 |
Filed: 11/18/2013, Entered: None |
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RESPONSE in Opposition re 225 MOTION in Limine No. 3 to Exclude Evidence of Plaintiffs Employment Status filed by Michael Yarberry. (Attachments: # 1 Exhibit A)(Keller, Timothy) (Entered: 11/18/2013)
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Request |
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| 245 |
Filed: 11/18/2013, Entered: None |
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RESPONSE in Opposition re 230 MOTION in Limine NO. 7 To Exclude Evidence Of Subsequent Purchases filed by Michael Yarberry. (Martins, Paul) (Entered: 11/18/2013)
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| 244 |
Filed: 11/18/2013, Entered: None |
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RESPONSE in Opposition re 231 MOTION in Limine No. 8 To Exclude Evidence Of Subsequent Remedial Measures filed by Michael Yarberry. (Martins, Paul) (Entered: 11/18/2013)
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Request |
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| 243 |
Filed: 11/18/2013, Entered: None |
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RESPONSE in Opposition re 224 MOTION in Limine No. 2 to Exclude Evidence of Mixed Transactions filed by Michael Yarberry. (Attachments: # 1 Exhibit A. Tables)(Martins, Paul) (Entered: 11/18/2013)
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Request |
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| 242 |
Filed: 11/18/2013, Entered: None |
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RESPONSE in Opposition re 223 MOTION in Limine No. 1 to Exclude Evidence of Alleged Pharmaceutical Industry Customs and Practices and Improper Lay Opinion Testimony filed by Michael Yarberry. (Attachments: # 1 Exhibit A. Lin Declaration)(Martins, Paul) (Entered: 11/18/2013)
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| 241 |
Filed: 11/15/2013, Entered: None |
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Minute Entry for proceedings held before Judge Michael J. Reagan: Motion Hearing held on 11/15/2013 re 145 MOTION to Exclude Jeremy J. Albright As An Expert Witness filed by Kmart Corporation, Sears Holdings Corporation. Court Denies 145 MOTION to Exclude Jeremy J. Albright As An Expert Witness filed by Kmart Corporation, Sears Holdings Corporation. Written ruling to issue. (Court Reporter Barb Kniepmann.) (dkd ) (Entered: 11/15/2013)
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| 240 |
Filed: 11/14/2013, Entered: None |
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MOTION to Seal Document 239 Sealed Document, by Michael Yarberry. (Martins, Paul) (Entered: 11/14/2013)
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| 239 |
Filed: 11/14/2013, Entered: None |
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Sealed Document. (Attachments: # 1 Exhibit B-1, # 2 Exhibit B-2, # 3 Exhibit B-3, # 4 Exhibit B-4, # 5 Exhibit B-5, # 6 Exhibit B-6, # 7 Exhibit B-7, # 8 Exhibit B-8, # 9 Exhibit B-9, # 10 Exhibit B-10, # 11 Exhibit B-11, # 12 Exhibit B-12, # 13 Exhibit B-13)(Martins, Paul) (Entered: 11/14/2013)
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| 238 |
Filed: 11/14/2013, Entered: None |
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NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 235 Sealed Document, filed by Michael Yarberry. See attached document for specifics (cjo ) (Entered: 11/14/2013)
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| 237 |
Filed: 11/13/2013, Entered: None |
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ORDER granting 233 Motion to Appear Pro Hac Vice filed by Felicia Manno on behalf of Sears Holdings Corporation and Kmart Corporation. (cjo)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 11/13/2013)
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| 236 |
Filed: 11/12/2013, Entered: None |
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MOTION to Seal Document 235 Sealed Document, by Michael Yarberry. (Martins, Paul) (Entered: 11/12/2013)
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| 235 |
Filed: 11/12/2013, Entered: None |
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STRICKEN - Sealed Document. (Attachments: # 1 Exhibit B-1, # 2 Exhibit B-2, # 3 Exhibit B-3, # 4 Exhibit B-4, # 5 Exhibit B-5, # 6 Exhibit B-6, # 7 Exhibit B-7, # 8 Exhibit B-8, # 9 Exhibit B-9, # 10 Exhibit B-10, # 11 Exhibit B-11, # 12 Exhibit B-12, # 13 Exhibit B-13)(Martins, Paul) Modified on 11/14/2013 (cjo ). (Entered: 11/12/2013)
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| 234 |
Filed: 11/12/2013, Entered: None |
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SUPPLEMENT by Michael Yarberry. Supplement to 176 Response in Opposition to Motion, 151 Motion for Summary Judgment, . (Martins, Paul) (Entered: 11/12/2013)
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| 233 |
Filed: 11/12/2013, Entered: None |
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MOTION to Appear Pro Hac Vice by AttorneyFelicia V. Manno $100 fee paid,receipt number 0754-2116753 by on behalf of Kmart Corporation, Sears Holdings Corporation. (Manno, Felicia) (Entered: 11/12/2013)
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Request |
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| 232 |
Filed: 11/11/2013, Entered: None |
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Sealed Document. (DeShano, Kimberly) (Entered: 11/11/2013)
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| 231 |
Filed: 11/11/2013, Entered: None |
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MOTION in Limine No. 8 To Exclude Evidence Of Subsequent Remedial Measures by Kmart Corporation, Sears Holdings Corporation. (Attachments: # 1 Exhibit A - C (Filed Under Seal))(DeShano, Kimberly) (Entered: 11/11/2013)
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| 230 |
Filed: 11/11/2013, Entered: None |
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MOTION in Limine NO. 7 To Exclude Evidence Of Subsequent Purchases by Kmart Corporation, Sears Holdings Corporation. (Attachments: # 1 Exhibit A)(DeShano, Kimberly) (Entered: 11/11/2013)
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Request |
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| 229 |
Filed: 11/11/2013, Entered: None |
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MOTION in Limine No. 6 To Exclude Evidence Suggesting That Shop Your Way Rewards Points Issued To Government Health Plan Beneficiaries Constitute AKS Violations by Kmart Corporation, Sears Holdings Corporation. (Attachments: # 1 Exhibit A - D)(DeShano, Kimberly) (Entered: 11/11/2013)
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Request |
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| 228 |
Filed: 11/11/2013, Entered: None |
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MOTION in Limine No. 5 To Exclude Any Mention By Plaintiff About The Implied Certification Theory As It Relates To Claims That Pre-Date March 23, 2010 by Kmart Corporation, Sears Holdings Corporation. (DeShano, Kimberly) (Entered: 11/11/2013)
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Request |
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| 227 |
Filed: 11/11/2013, Entered: None |
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Sealed Document. (DeShano, Kimberly) (Entered: 11/11/2013)
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| 226 |
Filed: 11/11/2013, Entered: None |
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MOTION in Limine No. 4 To Exclude Certain Hearsay Testimony by Kmart Corporation, Sears Holdings Corporation. (Attachments: # 1 Exhibit A - Filed Under Seal)(DeShano, Kimberly) (Entered: 11/11/2013)
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| 225 |
Filed: 11/11/2013, Entered: None |
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MOTION in Limine No. 3 to Exclude Evidence of Plaintiffs Employment Status by Kmart Corporation, Sears Holdings Corporation. (DeShano, Kimberly) (Entered: 11/11/2013)
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Request |
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| 224 |
Filed: 11/11/2013, Entered: None |
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MOTION in Limine No. 2 to Exclude Evidence of Mixed Transactions by Kmart Corporation, Sears Holdings Corporation. (Attachments: # 1 Exhibit A-B)(DeShano, Kimberly) (Entered: 11/11/2013)
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Request |
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| 223 |
Filed: 11/11/2013, Entered: None |
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MOTION in Limine No. 1 to Exclude Evidence of Alleged Pharmaceutical Industry Customs and Practices and Improper Lay Opinion Testimony by Kmart Corporation, Sears Holdings Corporation. (DeShano, Kimberly) (Entered: 11/11/2013)
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Request |
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| 222 |
Filed: 11/11/2013, Entered: None |
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MOTION in Limine by Michael Yarberry. (Keller, Timothy) (Entered: 11/11/2013)
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Request |
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| 221 |
Filed: 11/11/2013, Entered: None |
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MOTION in Limine by Michael Yarberry. (Attachments: # 1 Exhibit A)(Keller, Timothy) (Entered: 11/11/2013)
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Request |
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| 220 |
Filed: 11/11/2013, Entered: None |
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MOTION in Limine by Michael Yarberry. (Keller, Timothy) (Entered: 11/11/2013)
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Request |
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| 219 |
Filed: 11/11/2013, Entered: None |
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MOTION in Limine Concerning Advice-of-Counsel Defense by Michael Yarberry. (Attachments: # 1 Exhibit 1. Weber Deposition, # 2 Exhibit 2. Ayshford Deposition, # 3 Exhibit 3. Defendants' Amended Initial Disclosure Statement)(Martins, Paul) (Entered: 11/11/2013)
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Request |
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| 218 |
Filed: 11/11/2013, Entered: None |
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MOTION in Limine Concerning the Government's Non-Intervention Decision by Michael Yarberry. (Martins, Paul) (Entered: 11/11/2013)
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Request |
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| 217 |
Filed: 11/11/2013, Entered: None |
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MOTION in Limine to Prohibit Defendants from Mischaracterizing the Government's Continued Payment of Claims by Michael Yarberry. (Martins, Paul) (Entered: 11/11/2013)
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Request |
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| 216 |
Filed: 11/11/2013, Entered: None |
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MOTION in Limine Concerning the Attorneys' Fees and Costs Provisions of the False Ciaims Act by Michael Yarberry. (Martins, Paul) (Entered: 11/11/2013)
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Request |
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| 215 |
Filed: 11/11/2013, Entered: None |
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MOTION in Limine to Exclude from the Jury any Reference of the Trebling of Damages and Imposition of Civil Penalties by Michael Yarberry. (Martins, Paul) (Entered: 11/11/2013)
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Request |
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| 214 |
Filed: 11/8/2013, Entered: None |
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ORDER Amending 214 Order for Settlement Conference. The 11/14/13 setting is for 8:30 AM before Magistrate Judge Frazier in the East St. Louis Courthouse, Courtroom 1. Signed by Magistrate Judge Philip M. Frazier on 11/8/2013. (krm) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 11/08/2013)
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| 213 |
Filed: 11/8/2013, Entered: None |
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ORDER FOR AND NOTICE OF SETTLEMENT CONFERENCE: Settlement Conference set for 11/14/2013 9:00 AM in East St. Louis Courthouse before Magistrate Judge Philip M. Frazier. Settlement statements due 11/12/2013. Signed by Magistrate Judge Philip M. Frazier on 11/8/2013. (krm) (Entered: 11/08/2013)
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Request |
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| 212 |
Filed: 11/5/2013, Entered: None |
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RESPONSE to 210 Order to Show Cause filed by Michael Yarberry. (Martins, Paul) (Entered: 11/05/2013)
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| 211 |
Filed: 11/5/2013, Entered: None |
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ORDER, GRANTING 207 MOTION to Supplement Doc. 151 and Doc. 176 filed by Michael Yarberry. This request is extremely late in the proceedings as a motion hearing is currently set for November 15, 2013 and the Final Pretrial Conference is set for November 26, 2013. Nonetheless, the Court is cognizant of the fact that Relator just received this new and voluminous evidence within the last couple weeks. Accordingly, Relator has until Tuesday, November 12, 2013 to file a supplemental brief addressing this new evidence that may be no more than 10 pages in length. Defendants response, if any, will be due Monday, November 18, 2013, and is limited to 5 pages in length. Absolutely NO reply briefs or sur-reply briefs will be allowed. This supplemental briefing shall be linked to the appropriate documents on CM/ECF (i.e. Doc. 151 and 176 ). Signed by Judge Michael J. Reagan on 11/5/2013. (bak)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 11/05/2013)
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| 210 |
Filed: 11/5/2013, Entered: None |
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ORDER TO SHOW GOOD CAUSE for keeping certain documents under seal. Show Cause Response is due by 11/18/2013. See Order for details. Signed by Magistrate Judge Philip M. Frazier on 11/5/2013. (kls) (Entered: 11/05/2013)
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Request |
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| 209 |
Filed: 11/4/2013, Entered: None |
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MOTION to Seal Document 208 Sealed Document, 207 MOTION to Supplement Doc. 151 and Doc. 176 by Michael Yarberry. (Martins, Paul) (Entered: 11/04/2013)
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Request |
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| 208 |
Filed: 11/4/2013, Entered: None |
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Sealed Document. (Attachments: # 1 Supplement Exhibit B-1, # 2 Supplement Exhibit B-2, # 3 Supplement Exhibit B-3, # 4 Supplement Exhibit B-4, # 5 Supplement Exhibit B-5)(Martins, Paul) (Entered: 11/04/2013)
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| 207 |
Filed: 11/4/2013, Entered: None |
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MOTION to Supplement Doc. 151 and Doc. 176 by Michael Yarberry. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Martins, Paul) (Entered: 11/04/2013)
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Request |
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| 206 |
Filed: 10/31/2013, Entered: None |
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EXHIBIT by Michael Yarberry. Exhibit to 151 Motion for Summary Judgment, Corrected Exhibits O, T, and HH. (Attachments: # 1 Exhibit Amended Exhibit O, Budrovic Deposition Excerpts, # 2 Exhibit Amended Exhibit T, Defendants' Response to Plaintiffs' Fourth Set of Interrogatories, # 3 Exhibit Amended Exhibit HH, Defendants' Responses to Plaintiffs' Third Request for Production of Documents)(Martins, Paul) (Entered: 10/31/2013)
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Request |
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| 205 |
Filed: 10/31/2013, Entered: None |
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ORDER, GRANTING 204 MOTION for Leave to File Corrected Exhibits O, T, and HH to Doc. 151 filed by Michael Yarberry. To avoid any further confusion on the docket, Relator is instructed to take the following steps when filing his amended exhibits: select the "other documents" event located under "other filings," and then select "exhibit." Relator should then link these amended exhibits to his previously filed Motion for Partial Summary Judgment at Doc. 151 . Signed by Judge Michael J. Reagan on 10/31/2013. (bak)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 10/31/2013)
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Request |
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| 204 |
Filed: 10/30/2013, Entered: None |
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MOTION for Leave to File Corrected Exhibits O, T, and HH to Doc. 151 by Michael Yarberry. (Martins, Paul) (Entered: 10/30/2013)
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Request |
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| 203 |
Filed: 10/29/2013, Entered: None |
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ORDER, DENYING 202 MOTION to Continue Trial by Two Days filed by Kmart Corporation and Sears Holdings Corporation. Signed by Judge Michael J. Reagan on 10/29/2013. (bak) (Entered: 10/29/2013)
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Request |
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| 202 |
Filed: 10/28/2013, Entered: None |
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MOTION to Continue Trial by Two Days by Kmart Corporation, Sears Holdings Corporation. (DeShano, Kimberly) (Entered: 10/28/2013)
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Request |
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| 201 |
Filed: 10/24/2013, Entered: None |
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RESPONSE (Defendants Supplemental Responses To Plaintiffs First Requests For Admission Nos. 1 and 2) filed by Kmart Corporation, Sears Holdings Corporation. (DeShano, Kimberly) (Entered: 10/24/2013)
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Request |
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| 200 |
Filed: 10/24/2013, Entered: None |
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ORDER denying 161 Motion to permanently remove document 135-1 from the public docket or file under seal. At this time, the Court is not persuaded that there is good cause to remove the exhibit from the public view. See Citizens First National Bank of Princeton v. Cincinnati Insurance Co., 178 F.3d 943 (7th Cir. 1999); Union Oil Company of Californai v. Leavell, 220 F.3d 562 (7th Cir. 2000). The public has an interest in information used during the judicial decision-making process. The legal standard for sealing information from public view is not met by the simple act of designating information as confidential business and financial information. More specific information about the contents of the exhibit is required. Signed by Magistrate Judge Philip M. Frazier on 10/24/2013. (kls)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 10/24/2013)
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Request |
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| 199 |
Filed: 10/22/2013, Entered: None |
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MOTION to Seal Document 198 Sealed Document Exhibit A to Doc. 197 by Michael Yarberry. (Martins, Paul) (Entered: 10/22/2013)
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Request |
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| 198 |
Filed: 10/22/2013, Entered: None |
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Sealed Document. (Attachments: # 1 Exhibit A)(Martins, Paul) (Entered: 10/22/2013)
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| 197 |
Filed: 10/22/2013, Entered: None |
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REPLY to Response to Motion re 151 MOTION for Summary Judgment And Memorandum In Support filed by Michael Yarberry. (Martins, Paul) (Entered: 10/22/2013)
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Request |
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| 196 |
Filed: 10/21/2013, Entered: None |
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REPLY to Response to Motion re 168 MOTION to Strike Declaration of Jeremy J. Albright filed by Kmart Corporation, Sears Holdings Corporation. (Attachments: # 1 Exhibit A)(DeShano, Kimberly) (Entered: 10/21/2013)
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Request |
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| 195 |
Filed: 10/18/2013, Entered: None |
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REPLY to Response to Motion re 146 MOTION for Summary Judgment Pursuant to Fed. R. Civ. P. 56 filed by Kmart Corporation, Sears Holdings Corporation. (Attachments: # 1 Exhibit 1 - 4)(DeShano, Kimberly) (Entered: 10/18/2013)
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Request |
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| 194 |
Filed: 10/18/2013, Entered: None |
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Sealed Document. (DeShano, Kimberly) (Entered: 10/18/2013)
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| 193 |
Filed: 10/18/2013, Entered: None |
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Sealed Document. (DeShano, Kimberly) (Entered: 10/18/2013)
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| 192 |
Filed: 10/18/2013, Entered: None |
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RESPONSE in Opposition re 151 MOTION for Summary Judgment And Memorandum In Support filed by Kmart Corporation, Sears Holdings Corporation. (Attachments: # 1 Exhibit A - G, # 2 Exhibit H - Filed Under Separate Seal, # 3 Exhibit I, # 4 Exhibit J - Filed Under Separate Seal)(DeShano, Kimberly) (Entered: 10/18/2013)
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Request |
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| 191 |
Filed: 10/18/2013, Entered: None |
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NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 185 Motion for Leave to File Excess Pages, filed by Kmart Corporation, Sears Holdings Corporation, 171 Motion for Leave to File Excess Pages, filed by Kmart Corporation, Sears Holdings Corporation. Efiler has been instructed to refile both documents. Clerk's office has removed the exhibits from the docket sheet and efiler will refile. (jlrr )THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 10/18/2013)
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Request |
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| 190 |
Filed: 10/17/2013, Entered: None |
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RESPONSE (Defendants' Supplemental Responses to Plaintiffs First Requests for Admission Nos. 7-13, 16 and 17) filed by Kmart Corporation, Sears Holdings Corporation. (DeShano, Kimberly) (Entered: 10/17/2013)
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Request |
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| 189 |
Filed: 10/11/2013, Entered: None |
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ORDER, GRANTING in part and DENYING in part 185 MOTION for Leave to File Excess Pages filed by Kmart Corporation, Sears Holdings Corporation. Per the Court's local rules, reply briefs are not favored, should be filed only in exceptional circumstances, and are not to exceed five pages. Because the Court has previously allowed the filing of excess pages as to Defendants Motion for Summary Judgment (Docs. 146 148 ) and Plaintiffs Response brief (Doc. 176 ), the Court grants in part and denies in part Defendants motion. Defendants reply brief shall be no longer than 10 pages and shall be filed on or before October 18, 2013. For future reference, and per the Court rules, Defendants should not file the proposed brief on CM/ECF prior to the Court's ruling on a motion for leave to file excess pages. Signed by Judge Michael J. Reagan on 10/11/2013. (bak)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 10/11/2013)
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Request |
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| 188 |
Filed: 10/11/2013, Entered: None |
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ORDER, DENYING 171 MOTION for Leave to File Excess Pages filed by Kmart Corporation, Sears Holdings Corporation. Defendants response briefs are not to exceed 20 pages. Defendants response to the Motion for Summary Judgment at Doc. 147 was properly filed at Doc. 174 . Defendants response to the Motion for Summary Judgment at Doc. 151 is now due on or before October 18, 2013 and is not to exceed 20 pages. For future reference, and per the Court rules, Defendants should not file the proposed brief on CM/ECF prior to the Court's ruling on the Motion for Leave to File Excess Pages. Signed by Judge Michael J. Reagan on 10/11/2013. (bak)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 10/11/2013)
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Request |
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| 187 |
Filed: 10/11/2013, Entered: None |
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ORDER, GRANTING 167 MOTION for Leave to File Excess Pages for Response to Defendants' Motion for Summary Judgment filed by Michael Yarberry. Because Defendants were granted leave to file a Motion for Summary Judgment in excess of 20 pages, the Court also grants Plaintiffs leave to file an enlarged response brief (not to exceed 40 pages). Pursuant to the Court rules, Plaintiffs should have waited to file their response brief on CM/ECF until the time at which the Court ruled on this motion. However, Plaintiffs have already filed their response brief at Doc. 176 . To avoid confusion, the Court will refer to Doc. 176 as Plaintiffs Response to Defendants' Motion for Summary Judgment. Signed by Judge Michael J. Reagan on 10/11/2013. (bak)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 10/11/2013)
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Request |
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| 186 |
Filed: 10/11/2013, Entered: None |
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NOTICE OF ERRORS AND/OR DEFICIENCIES re 185 Motion for Leave to File Excess Pages, filed by Kmart Corporation, Sears Holdings Corporation. See attached document for specifics (jaj) (Entered: 10/11/2013)
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Request |
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| 185 |
Filed: 10/10/2013, Entered: None |
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STRICKEN-MOTION for Leave to File Excess Pages [Enlarged Brief] by Kmart Corporation, Sears Holdings Corporation. (Attachments: # 1 Defendants Reply In Further Support Of Their Motion For Summary Judgment, # 2 Exhibit 1 - 5 to Defendants Reply In Further Support Of Their Motion For Summary Judgment)(DeShano, Kimberly) Modified on 10/18/2013 (jlrr ). (Entered: 10/10/2013)
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Request |
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| 184 |
Filed: 10/10/2013, Entered: None |
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MOTION to Seal Document 183 Sealed Document by Michael Yarberry. (Martins, Paul) (Entered: 10/10/2013)
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Request |
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| 183 |
Filed: 10/10/2013, Entered: None |
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Sealed Document. (Attachments: # 1 Exhibit A)(Martins, Paul) (Entered: 10/10/2013)
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| 182 |
Filed: 10/10/2013, Entered: None |
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REPLY to Response to Motion re 151 MOTION for Summary Judgment And Memorandum In Support, 171 MOTION for Leave to File Excess Pages [Enlarged Brief] filed by Michael Yarberry. (Martins, Paul) (Entered: 10/10/2013)
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Request |
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| 181 |
Filed: 10/10/2013, Entered: None |
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MEMORANDUM in Opposition re 168 MOTION to Strike Declaration of Jeremy J. Albright filed by Michael Yarberry. (Attachments: # 1 Exhibit A, Albright Nov. 16, 2012 Report, # 2 Exhibit B, Plaintiffs' Third Set of Interrogatories, # 3 Exhibit B-1, Defendants' Objections to Plaintiffs' Third Set of Interrogatories, # 4 Exhibit B-2, Defendants' Responses to Plaintiffs' Third Set of Interrogatories, # 5 Exhibit C, Schieffelin June 17 cover letter, # 6 Exhibit D, Albright June 20, 2013 Supp. Report, # 7 Exhibit E, Albright July 3, 2013 Supp. Report, # 8 Exhibit F, Albright Depo. Excerpts, # 9 Exhibit G, DeShano August 5, 2013 cover letter, # 10 Exhibit H, Defendants' Responses to Plaintiffs' Requests for Admission, # 11 Exhibit I, Keller November 16, 2012 cover letter, # 12 Exhibit J, Albright's Declaration, # 13 Exhibit K, Greene September 24, 2013 cover letter)(Martins, Paul) (Entered: 10/10/2013)
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Request |
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| 180 |
Filed: 10/10/2013, Entered: None |
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REPLY to Response to Motion re 145 MOTION to Exclude Jeremy J. Albright As An Expert Witness filed by Kmart Corporation, Sears Holdings Corporation. (Attachments: # 1 Exhibit A)(DeShano, Kimberly) (Entered: 10/10/2013)
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Request |
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| 179 |
Filed: 10/10/2013, Entered: None |
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Minute Entry for proceedings held before Magistrate Judge Philip M. Frazier and Minute Order: Discovery Dispute Conference held on 10/10/2013. (See attached document for rulings.) (Court Reporter: None.) (krm) (Entered: 10/10/2013)
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Request |
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| 178 |
Filed: 9/26/2013, Entered: None |
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MOTION to Seal Document 170 Sealed Document, 177 Sealed Document by Michael Yarberry. (Martins, Paul) (Entered: 09/26/2013)
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Request |
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| 177 |
Filed: 9/26/2013, Entered: None |
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Sealed Document. (Attachments: # 1 Exhibit G, # 2 Exhibit H, # 3 Exhibit I, # 4 Exhibit J, # 5 Exhibit K, # 6 Exhibit L, # 7 Exhibit R, # 8 Exhibit S)(Martins, Paul) (Entered: 09/26/2013)
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| 176 |
Filed: 9/26/2013, Entered: None |
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RESPONSE in Opposition re 148 MOTION for Leave to File Excess Pages (Motion For Leave To File Enlarged Brief) filed by Michael Yarberry. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit M, # 8 Exhibit N, # 9 Exhibit O, # 10 Exhibit P, # 11 Exhibit Q, # 12 Exhibit T)(Martins, Paul) (Entered: 09/26/2013)
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Request |
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| 175 |
Filed: 9/26/2013, Entered: None |
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Sealed Document. (DeShano, Kimberly) (Entered: 09/26/2013)
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| 174 |
Filed: 9/26/2013, Entered: None |
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MEMORANDUM in Opposition re 147 MOTION for Summary Judgment on their Affirmative Defenses filed by Kmart Corporation, Sears Holdings Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B Under Separate Seal, # 3 Exhibit C)(DeShano, Kimberly) (Entered: 09/26/2013)
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Request |
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| 173 |
Filed: 9/26/2013, Entered: None |
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Sealed Document. (DeShano, Kimberly) (Entered: 09/26/2013)
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| 172 |
Filed: 9/26/2013, Entered: None |
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Sealed Document. (DeShano, Kimberly) (Entered: 09/26/2013)
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| 171 |
Filed: 9/26/2013, Entered: None |
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STRICKEN-MOTION for Leave to File Excess Pages [Enlarged Brief] by Kmart Corporation, Sears Holdings Corporation. (Attachments: # 1 Opposition to Plaintiffs Motion for Partial Summary Judgment, # 2 Exhibit A-G, # 3 Exhibit H Under Separate Seal, # 4 Exhibit I, # 5 Exhibit J Under Separate Seal)(DeShano, Kimberly) Modified on 10/18/2013 (jlrr ). (Entered: 09/26/2013)
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Request |
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| 170 |
Filed: 9/26/2013, Entered: None |
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Sealed Document. (Attachments: # 1 Exhibit G, Excerpts of Raw Electronic Data produced by Defendants)(Martins, Paul) (Entered: 09/26/2013)
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| 169 |
Filed: 9/26/2013, Entered: None |
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RESPONSE in Opposition re 145 MOTION to Exclude Jeremy J. Albright As An Expert Witness filed by Michael Yarberry. (Attachments: # 1 Exhibit A, Albright C.V., # 2 Exhibit B, Albright Nov. 16, 2012 Preliminary Report, # 3 Exhibit C, Albright June 2013 Supp. Report, # 4 Exhibit D, Albright July 2013 Supp. Report, # 5 Exhibit E, Defendants' June 11, 2013 Cover Letter to Database, # 6 Exhibit F, Defendants June 17, 2013 Cover Letter to Database, # 7 Exhibit H, Keller November 11, 2013 Cover Letter to Albright Preliminary Report, # 8 Exhibit I, Communication between Counsel re: Albright Deposition, # 9 Exhibit J, Albright August 23, 2013 Supplemental Report)(Martins, Paul) (Entered: 09/26/2013)
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Request |
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| Save 25% on a pre-paid one year subscription. |
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| 168 |
Filed: 9/26/2013, Entered: None |
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MOTION to Strike Declaration of Jeremy J. Albright by Kmart Corporation, Sears Holdings Corporation. (DeShano, Kimberly) (Entered: 09/26/2013)
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Request |
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| 167 |
Filed: 9/26/2013, Entered: None |
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MOTION for Leave to File Excess Pages for Response to Defendants' Motion for Summary Judgment by Michael Yarberry. (Martins, Paul) (Entered: 09/26/2013)
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Request |
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| 166 |
Filed: 9/26/2013, Entered: None |
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NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 165 Motion for Leave to File Excess Pages filed by Michael Yarberry. Filer and s/ signator do not match. Attorney Paul B. Martins s/ signed said document but used J. Tate's login and password. Filer must sign and efile documents using their own login and password.(lmb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 09/26/2013)
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Request |
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| 165 |
Filed: 9/25/2013, Entered: None |
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ENTRY STRICKEN: MOTION for Leave to File Excess Pages For Response To Defendants' Motion For Summary Judgment by Michael Yarberry. (Tate, James) Modified on 9/26/2013 (lmb). (Entered: 09/25/2013)
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Request |
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| 164 |
Filed: 9/16/2013, Entered: None |
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ORDER re 163 Notice and Order: Due to a scheduling conflict, the Discovery Dispute Conference presently set for 9/26/2013 9:30 AM is CONTINUED TO 10/10/2013 9:45 AM via telephone before Magistrate Judge Frazier. Counsel for plaintiffs to place the conference call between the Court (618-439-7750) and counsel. Signed by Magistrate Judge Philip M. Frazier on 9/16/2013. (krm) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 09/16/2013)
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Request |
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| 163 |
Filed: 9/10/2013, Entered: None |
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NOTICE AND ORDER: Discovery Dispute Conference set for 9/26/2013 9:30 AM via telephone before Magistrate Judge Frazier. Counsel for plaintiffs to place the conference call between the Court (618-439-7750) and counsel. The parties shall be prepared to address (1) plaintiffs' oral motion to compel responses to Fourth Request for Production of Documents 17, 21, 22, 23, 24, 25,26 and 27, and (2) plaintiffs' oral motion to compel sufficient answers to requests for admission 1, 2, 7, 8, 9, 10, 11, 12, 13, 16, and 17. A conference to resolve a dispute regarding Rule 30(b)(6) depositions noticed for August 7 and 8, 2013 will not be scheduled until the parties have made a good faith effort to resolve the objections served by the defendants on August 8, 2013. See Fed. R. Civ. P. 37(a)(1). Signed by Magistrate Judge Philip M. Frazier on 9/10/2013. (krm) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 09/10/2013)
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Request |
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| 162 |
Filed: 9/9/2013, Entered: None |
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ORDER Striking 143 MOTION for Sanctions filed by Michael Yarberry ; Striking (Doc. 144) Sealed Group Exhibit; Striking (Docs. 159, 160) materials filed under seal. Signed by Magistrate Judge Philip M. Frazier on 9/9/13. (bkl) (Entered: 09/09/2013)
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| 161 |
Filed: 9/4/2013, Entered: None |
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MOTION for Leave to Permanently Remove Document No. 135-1 From the Courts Online CM/ECF System and Public Docket or to File Document No. 135-1 Under Seal by Kmart Corporation, Sears Holdings Corporation. (DeShano, Kimberly) (Entered: 09/04/2013)
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Request |
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| 160 |
Filed: 9/3/2013, Entered: None |
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STRICKEN PURSUANT TO ORDER AT DOC. 162 - Sealed Document. (DeShano, Kimberly) Modified on 9/9/2013 (bkl). (Entered: 09/03/2013)
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|
Request |
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| 159 |
Filed: 9/3/2013, Entered: None |
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|
STRICKEN PURSUANT TO ORDER AT DOC. 162 - Sealed Document. (DeShano, Kimberly) Modified on 9/9/2013 (bkl). (Entered: 09/03/2013)
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Request |
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| 158 |
Filed: 9/3/2013, Entered: None |
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RESPONSE in Opposition re 143 MOTION for Sanctions filed by Kmart Corporation, Sears Holdings Corporation. (Attachments: # 1 Exhibit 1 - 6, # 2 Exhibit 7 (Filed Under Separate Seal), # 3 Exhibit 8 (Filed Under Separate Seal), # 4 Exhibit 9 - 11)(DeShano, Kimberly) (Entered: 09/03/2013)
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Request |
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| 157 |
Filed: 8/27/2013, Entered: None |
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ORDER, GRANTING 148 MOTION for Leave to File Excess Pages(Motion For Leave To File Enlarged Brief)filed by Kmart Corporation, Sears Holdings Corporation. Signed by Judge Michael J. Reagan on 08/27/2013. (bak)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 08/27/2013)
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Request |
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| 156 |
Filed: 8/26/2013, Entered: None |
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|
Sealed Exhibit related to document 148 Motion for Leave to File Excess Pages. (DeShano, Kimberly) Modified on 8/28/2013 (cjo ). (Entered: 08/26/2013)
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| 155 |
Filed: 8/26/2013, Entered: None |
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Minute Entry for proceedings held before Magistrate Judge Philip M. Frazier and Minute Order: Discovery Dispute Conference held on 8/26/2013. Conference held. Argument heard. Plaintiffs' oral motion for a protective order is granted as follows. Draft reports prepared by Dr. Albright are protected under Rule 26(b)(4)(B) and need not be produced to the defendants. Plaintiffs' motion for an order requiring the defendants to reimburse Dr. Albright for the time spent preparing for his deposition and giving deposition testimony is also granted. Defendants shall pay Dr. Albright's reasonable fee of $1400 per Rule 26(b)(4)(E). Defendants may seek reimbursement if Dr. Albright does not testify as an expert at trial.(Court Reporter Michelle Zimmerman, Northcutt Reporting Service.) (krm) (Entered: 08/26/2013)
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Request |
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| 154 |
Filed: 8/26/2013, Entered: None |
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EXHIBIT by Kmart Corporation, Sears Holdings Corporation. Exhibit to 145 Motion to Exclude, (Corrected Exhibits D and E). (Attachments: # 1 Exhibit D, # 2 Exhibit E)(DeShano, Kimberly) (Entered: 08/26/2013)
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Request |
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| 153 |
Filed: 8/26/2013, Entered: None |
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ORDER re Doc. 146 Motion for Summary Judgment, Doc. 147 Motion for Summary Judgment, Doc. 151 Motion for Summary Judgment and Doc. 145 Motion to Exclude. Responses to all aforementioned motions are due on or before September 26, 2013. Reply briefs, if any, will be due on or before October 10, 2013. A hearing on the Daubert Motion filed at Doc. 145 is to proceed on November 15, 2013 at 2:30 p.m. The Final Pretrial Conference is continued to Tuesday, November 26, 2013 at 1:00 p.m. If the undersigned District Judge concludes that a hearing is warranted as to the motions for summary judgment, it will be set by separate notice. Signed by Judge Michael J. Reagan on 08/26/13. (dkd )THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 08/26/2013)
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Request |
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| 152 |
Filed: 8/23/2013, Entered: None |
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Sealed Document. (Attachments: # 1 Exhibit B, # 2 Exhibit D, # 3 Exhibit E, # 4 Exhibit G, # 5 Exhibit H, # 6 Exhibit I, # 7 Exhibit J, # 8 Exhibit K, # 9 Exhibit L, # 10 Exhibit N, # 11 Exhibit P, # 12 Exhibit Q, # 13 Exhibit S, # 14 Exhibit U, # 15 Exhibit W, # 16 Exhibit X, # 17 Exhibit Z, # 18 Exhibit AA, # 19 Exhibit BB, # 20 Exhibit CC, # 21 Exhibit DD, # 22 Exhibit EE, # 23 Exhibit FF, # 24 Exhibit GG)(Tate, James) (Entered: 08/23/2013)
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| 151 |
Filed: 8/23/2013, Entered: None |
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MOTION for Summary Judgment And Memorandum In Support by Michael Yarberry. Responses due by 9/26/2013 (Attachments: # 1 Exhibit A, # 2 Exhibit C, # 3 Exhibit F, # 4 Exhibit M, # 5 Exhibit O, # 6 Exhibit R, # 7 Exhibit T, # 8 Exhibit V, # 9 Exhibit Y, # 10 Exhibit HH, # 11 Exhibit II, # 12 Exhibit JJ)(Tate, James) (Entered: 08/23/2013)
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Request |
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| 150 |
Filed: 8/23/2013, Entered: None |
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|
PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW by Kmart Corporation, Sears Holdings Corporation. (DeShano, Kimberly) (Entered: 08/23/2013)
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Request |
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| 149 |
Filed: 8/23/2013, Entered: None |
|
|
MEMORANDUM in Support re 147 MOTION for Summary Judgment filed by Michael Yarberry. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Keller, Timothy) (Entered: 08/23/2013)
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Request |
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| 148 |
Filed: 8/23/2013, Entered: None |
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|
MOTION for Leave to File Excess Pages (Motion For Leave To File Enlarged Brief) by Kmart Corporation, Sears Holdings Corporation. (Attachments: # 1 Defendants Memorandum In Support Of Their Motion For Summary Judgment, # 2 Appendix, # 3 Exhibit 1-5, # 4 Exhibit 6, # 5 Exhibit 7, # 6 Exhibit 8-10, # 7 Exhibit 11-15, # 8 Exhibit 16-19, # 9 Exhibit 20-21, # 10 Exhibit 22-25)(DeShano, Kimberly) (Entered: 08/23/2013)
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Request |
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| 147 |
Filed: 8/23/2013, Entered: None |
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MOTION for Summary Judgment by Michael Yarberry. Responses due by 9/26/2013 (Keller, Timothy) (Entered: 08/23/2013)
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Request |
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| 146 |
Filed: 8/23/2013, Entered: None |
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|
MOTION for Summary Judgment Pursuant to Fed. R. Civ. P. 56 by Kmart Corporation, Sears Holdings Corporation. Responses due by 9/26/2013 (DeShano, Kimberly) (Entered: 08/23/2013)
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Request |
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| 145 |
Filed: 8/23/2013, Entered: None |
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MOTION to Exclude Jeremy J. Albright As An Expert Witness by Kmart Corporation, Sears Holdings Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(DeShano, Kimberly) (Entered: 08/23/2013)
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Request |
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| 144 |
Filed: 8/14/2013, Entered: None |
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STRICKEN PURSUANT TO ORDER AT DOC. 162 - Sealed Document. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Keller, Timothy) Modified on 9/9/2013 (bkl). (Entered: 08/14/2013)
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Request |
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| 143 |
Filed: 8/14/2013, Entered: None |
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STRICKEN PURSUANT TO ORDER AT DOC. 162 - MOTION for Sanctions by Michael Yarberry. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit F, # 6 Exhibit G)(Keller, Timothy) Modified on 9/9/2013 (bkl). (Entered: 08/14/2013)
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Request |
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| 142 |
Filed: 8/14/2013, Entered: None |
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NOTICE of Appearance by Dale J. Aschemann on behalf of Michael Yarberry (Aschemann, Dale) (Entered: 08/14/2013)
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Request |
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| 141 |
Filed: 8/13/2013, Entered: None |
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|
NOTICE of Hearing: Discovery Dispute Conference set for 8/26/2013 9:30 AM via telephone before Magistrate Judge Philip M. Frazier. Attorney Martins is responsible for placing the conference call between the Court (618-439-7750) and parties. The parties shall be prepared to discuss the following matters in dispute: (1). Relator's motion for a protective order regarding defendants' request for draft reports of Dr. Jeremy Albright, and (2). Relator's motion to compel the defendants to pay a reasonable deposition fee to Dr. Albright per Rule 26(b)(4)(E). (krm) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 08/13/2013)
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Request |
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| 140 |
Filed: 8/7/2013, Entered: None |
|
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ORDER denying 135 Motion to Quash; denying 135 Motion for Protective Order. Signed by Magistrate Judge Philip M. Frazier on 8/7/2013. (kls) (Entered: 08/07/2013)
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Request |
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| 139 |
Filed: 8/7/2013, Entered: None |
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|
REPLY to Response to Motion re 135 MOTION to Quash Subpoenas Issued to ESL Investments, Inc. and Edward Lampert MOTION for Protective Order filed by Kmart Corporation, Sears Holdings Corporation. (DeShano, Kimberly) (Entered: 08/07/2013)
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Request |
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| 138 |
Filed: 8/5/2013, Entered: None |
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RESPONSE To Plaintiffs First Requests for Admission filed by Kmart Corporation, Sears Holdings Corporation. (DeShano, Kimberly) (Entered: 08/05/2013)
|
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Request |
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| 137 |
Filed: 7/31/2013, Entered: None |
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|
Sealed Document. (Attachments: # 1 Exhibit D, # 2 Exhibit E, # 3 Exhibit G, # 4 Exhibit H, # 5 Exhibit I, # 6 Exhibit J, # 7 Exhibit K, # 8 Exhibit L, # 9 Exhibit M)(Tate, James) (Entered: 07/31/2013)
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| 136 |
Filed: 7/31/2013, Entered: None |
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RESPONSE in Opposition re 135 MOTION to Quash Subpoenas Issued to ESL Investments, Inc. and Edward Lampert MOTION for Protective Order filed by Michael Yarberry. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit F)(Tate, James) (Entered: 07/31/2013)
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Request |
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| 135 |
Filed: 7/22/2013, Entered: None |
|
|
MOTION to Quash Subpoenas Issued to ESL Investments, Inc. and Edward Lampert, MOTION for Protective Order by Kmart Corporation, Sears Holdings Corporation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(DeShano, Kimberly) (Entered: 07/22/2013)
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Request |
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| 134 |
Filed: 6/27/2013, Entered: None |
|
|
ANSWER to 133 Amended Complaint,, (Defendants' Answer To Relator's Third Amended Complaint) by Kmart Corporation, Sears Holdings Corporation.(DeShano, Kimberly) (Entered: 06/27/2013)
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Request |
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| 133 |
Filed: 6/11/2013, Entered: None |
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|
AMENDED COMPLAINT against All Defendants, filed by Michael Yarberry. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X)(Keller, Timothy) (Entered: 06/11/2013)
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Request |
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| 132 |
Filed: 6/11/2013, Entered: None |
|
|
ORDER granting 126 Motion for Leave to Amend. Relator may electronically file the proposed pleading by 6/21/2013. Signed by Magistrate Judge Philip M. Frazier on 6/11/2013. (kls) (Entered: 06/11/2013)
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Request |
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| 131 |
Filed: 5/24/2013, Entered: None |
|
|
RESPONSE in Opposition re 126 MOTION for Leave to File Third Amended Complaint, filed by Kmart Corporation, Sears Holdings Corporation. (DeShano, Kimberly) (Entered: 05/24/2013)
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Request |
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| 130 |
Filed: 5/14/2013, Entered: None |
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|
ORDER finding as moot 110 Motion to Strike Reply in light of 125 Order denying appeals of discovery orders. Signed by Magistrate Judge Philip M. Frazier on 5/14/2013. (kls)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 05/14/2013)
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Request |
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| 129 |
Filed: 5/13/2013, Entered: None |
|
|
ORDER denying 115 Motion to Quash Subpoena. Signed by Magistrate Judge Philip M. Frazier on 5/13/2013. (kls) (Entered: 05/13/2013)
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Request |
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| 128 |
Filed: 5/10/2013, Entered: None |
|
|
NOTICE OF ERRORS AND/OR DEFICIENCIES re 126 Motion for Leave to File filed by Michael Yarberry, 127 Memorandum in Support of Motion filed by Michael Yarberry. See attached document for specifics (tkm ) (Entered: 05/10/2013)
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Request |
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| 127 |
Filed: 5/9/2013, Entered: None |
|
|
MEMORANDUM in Support re 126 MOTION for Leave to File filed by Michael Yarberry. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Keller, Timothy) (Entered: 05/09/2013)
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Request |
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| 126 |
Filed: 5/9/2013, Entered: None |
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|
MOTION for Leave to File by Michael Yarberry. (Keller, Timothy) (Entered: 05/09/2013)
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Request |
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| 125 |
Filed: 5/2/2013, Entered: None |
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|
ORDER DENYING 122 APPEAL OF MAGISTRATE JUDGE DECISION to District Court re 116 Discovery Dispute Conference, DENYING 117 MOTION for Reconsideration re 116 Discovery Dispute Conference, and DENYING 103 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Michael Yarberry re 102 Order. Signed by Judge Michael J. Reagan on 05/02/2013. (bak) (Entered: 05/02/2013)
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Request |
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| 124 |
Filed: 4/26/2013, Entered: None |
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|
RESPONSE to 117 Motion for Reconsideration (Defendants Response To Relators Objection To Magistrate Judge Fraziers April 11, 2013 Order Defining Relevant Claims For Discovery Purposes) filed by Kmart Corporation, Sears Holdings Corporation. (Attachments: # 1 Exhibit A)(DeShano, Kimberly) (Entered: 04/26/2013)
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Request |
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| 123 |
Filed: 4/25/2013, Entered: None |
|
|
Sealed Document. (Keller, Timothy) (Entered: 04/25/2013)
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| 122 |
Filed: 4/25/2013, Entered: None |
|
|
APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Michael Yarberry re 116 Discovery Dispute Conference, (Attachments: # 1 Exhibit 1)(Keller, Timothy) (Entered: 04/25/2013)
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Request |
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| 121 |
Filed: 4/25/2013, Entered: None |
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|
RESPONSE to 115 Motion to Quash, filed by Kmart Corporation, Sears Holdings Corporation. (Attachments: # 1 Exhibit 1: Deposition of Michael Yarberry, # 2 Exhibit 2: Notice of Dismissal)(DeShano, Kimberly) (Entered: 04/25/2013)
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Request |
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| 120 |
Filed: 4/22/2013, Entered: None |
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|
AMENDED SCHEDULING AND DISCOVERY ORDER: Discovery to be completed by 8/8/2013. Dispositive Motions are now due by 8/23/2013. Final Pretrial Conference has been set for 11/15/2013 02:30 PM in East St. Louis Courthouse before Judge Michael J. Reagan. Jury Trial has been set for 12/2/2013 09:00 AM in East St. Louis Courthouse before Judge Michael J. Reagan. See Order for additional details. Signed by Magistrate Judge Philip M. Frazier on 4/22/2013. (kls) (Entered: 04/22/2013)
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Request |
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| 119 |
Filed: 4/15/2013, Entered: None |
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|
ORDER construing 117 MOTION for Reconsideration re 116 Discovery Dispute Conference, filed by Michael Yarberry as an objection filed pursuant to Rule 72(a) of the Federal Rules of Civil Procedure and referring same to Judge Reagan for decision. Signed by Magistrate Judge Philip M. Frazier on 4/15/2013. (kls)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 04/15/2013)
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Request |
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| 118 |
Filed: 4/15/2013, Entered: None |
|
|
Transcript of Discovery dispute held on 411/2013, before Judge Philip M. Frazier. Court Reporter/Transcriber Stephanie Rennegarbe, Northcutt Reporting, Telephone number 618-242-1737. NOTICE: Attorneys and unrepresented parties have 7 calendar days to file a Notice of Intent to Request Redaction of this transcript and 21 calendar days to file a Redaction Request. If redactions are not requested, the transcript will be made remotely available to the public without redaction after 90 calendar days. See the full Transcript Policy on the website at http://www.ilsd.uscourts.gov/forms/TransPolicy.pdf Transcript may be viewed at the public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/6/2013. Redacted Transcript Deadline set for 5/16/2013. Release of Transcript Restriction set for 7/15/2013. (Attachments: # 1 cert) (dka, ) (Entered: 04/15/2013)
|
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Request |
|
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| 117 |
Filed: 4/12/2013, Entered: None |
|
|
MOTION for Reconsideration re 116 Discovery Dispute Conference, by Michael Yarberry. (Keller, Timothy) (Entered: 04/12/2013)
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|
Request |
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| 116 |
Filed: 4/11/2013, Entered: None |
|
|
Minute Entry for proceedings held before Magistrate Judge Philip M. Frazier and Minute Order: Discovery Dispute Conference held on 4/11/2013. (See attached document for rulings.) Discovery is reopened. Plaintiff may take the depositions planned. Defendants have 14 days to respond to plaintiff's motion to quash subpoenas. (Court Reporter Stephanie Rennegarbe, Northcutt Reporting Service.) (krm) (Entered: 04/11/2013)
|
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Request |
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| 115 |
Filed: 4/9/2013, Entered: None |
|
|
MOTION to Quash Subpoena to CVS Caremark Corporation by Michael Yarberry. (Attachments: # 1 Exhibit A, CVS Subpoena, # 2 Exhibit B, Feb. 28, 2013 Email, # 3 Exhibit C, AT&T Subpoena, # 4 Exhibit D, Feb. 6, 2013 Email)(Martins, Paul) (Entered: 04/09/2013)
|
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Request |
|
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|
| 114 |
Filed: 4/2/2013, Entered: None |
|
|
ORDER, GRANTING IN PART AND DENYING IN PART 101 MOTION to submit status report and request a status conference. The request for an extension of the trial date is GRANTED. The new trial date is December 2, 2013 at 9:00 a.m. The Final Pretrial Conference will be held on November 15, 2013 at 2:30 p.m. The parties request for a status conference regarding this matter is DENIED. Instead, the parties are directed to jointly submit to Magistrate Judge Frazier, on or before April 19, 2013, a proposed revised scheduling and discovery order incorporating new dates. Signed by Judge Michael J. Reagan on 04/02/2013. (bak)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 04/02/2013)
|
|
Request |
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| 113 |
Filed: 3/28/2013, Entered: None |
|
|
ORDER, DENYING 73 MOTION to Dismiss filed by Kmart Corporation, Sears Holdings Corporation. Signed by Judge Michael J. Reagan on 3/28/2013. (mmr) (Entered: 03/28/2013)
|
|
Request |
|
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|
| 112 |
Filed: 2/28/2013, Entered: None |
|
|
NOTICE of Hearing: Discovery Dispute Conference set for 4/11/2013 8:30 AM in Benton Courthouse before Magistrate Judge Philip M. Frazier. (krm) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 02/28/2013)
|
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Request |
|
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|
| 111 |
Filed: 2/26/2013, Entered: None |
|
|
Minute Entry for proceedings held before Magistrate Judge Philip M. Frazier: Discovery Dispute Conference on 2/26/2013. Conference started and argument heard on part of plaintiff's oral motion to compel supplemental responses to interrogatories. Conference is continued due to docket congestion. This conference will be reconvened in-person. The parties are invited to submit case citations to Judge Frazier's email box for proposed documents on the matter of plaintiff's proposed method for calculating damages. Clerk to reschedule -- counsel may notify Judge Frazier's courtroom deputy of dates that will accommodate their schedules. (krm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 02/26/2013)
|
|
Request |
|
|
|
| 110 |
Filed: 2/22/2013, Entered: None |
|
|
MOTION to Strike 109 Response Defendants' Reply in Further Support of Their Cross-Objection To Magistrate Judge's Discovery Order by Michael Yarberry. (Martins, Paul) (Entered: 02/22/2013)
|
|
Request |
|
|
|
| 109 |
Filed: 2/19/2013, Entered: None |
|
|
RESPONSE to 108 Response (Defendants Reply In Further Support Of Their Cross-Objection To Magistrate Judges Discovery Order) filed by Kmart Corporation, Sears Holdings Corporation. (Attachments: # 1 Exhibit 1)(DeShano, Kimberly) (Entered: 02/19/2013)
|
|
Request |
|
|
|
| 108 |
Filed: 2/13/2013, Entered: None |
|
|
RESPONSE to 106 Objection to Magistrate Judges Discovery Order filed by Michael Yarberry. (Attachments: # 1 Exhibit A 10/12/12 Letter, # 2 Exhibit B 9/26/07 Letter)(Martins, Paul) (Entered: 02/13/2013)
|
|
Request |
|
|
|
| 107 |
Filed: 2/12/2013, Entered: None |
|
|
REPLY to Response to Motion re 101 MOTION to submit status report and request a status conference filed by Kmart Corporation, Sears Holdings Corporation. (Attachments: # 1 Exhibit 1 - 6)(DeShano, Kimberly) (Entered: 02/12/2013)
|
|
Request |
|
|
|
| 106 |
Filed: 2/6/2013, Entered: None |
|
|
OBJECTION to 102 Order, by Kmart Corporation, Sears Holdings Corporation (Cross-Objection To Magistrate Judges Discovery Order). (Attachments: # 1 Exhibit A-I)(DeShano, Kimberly) (Entered: 02/06/2013)
|
|
Request |
|
|
|
| 105 |
Filed: 2/6/2013, Entered: None |
|
|
NOTICE AND ORDER setting a Discovery Dispute Conference for 2/26/2013 9:30 AM via telephone before Magistrate Judge Philip M. Frazier. Counsel for Plaintiff to place the conference call between the Court and parties. The telephone number for the Court is 618-439-7750. The parties shall be prepared to discuss: (1) objections/responses to Plaintiffs Third set of Interrogatories, Nos. 6, 8, & 9, (2) objections/responses to Plaintiff's Third Request for Production of Documents Nos. 11 & 12, (3) a request that the defendants produce Mr. Ayshford (and other witnesses) for deposition, (4) modification of the Scheduling and Discovery Order by extending the discovery deadline to February 22, and (5) a mandatory 2-day response time to meet and confer about future discovery disputes. Signed by Magistrate Judge Philip M. Frazier on 2/6/2013. (krm) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 02/06/2013)
|
|
Request |
|
|
|
| 104 |
Filed: 2/5/2013, Entered: None |
|
|
RESPONSE to 101 Motion for Miscellaneous Relief filed by Michael Yarberry. (Attachments: # 1 Exhibit A)(Keller, Timothy) (Entered: 02/05/2013)
|
|
Request |
|
|
|
| 103 |
Filed: 2/5/2013, Entered: None |
|
|
APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Michael Yarberry re 102 Order, (Attachments: # 1 Exhibit A, Plaintiffs' Document Request No. 1, # 2 Exhibit B, Civil Investigative Demand)(Martins, Paul) (Entered: 02/05/2013)
|
|
Request |
|
|
|
| 102 |
Filed: 1/23/2013, Entered: None |
|
|
ORDER re 84 Discovery Dispute Conference. Plaintiffs' oral motion to compel a supplemental response to request for production of documents is granted in part and denied in part, following in camera review. See Order for details. Signed by Magistrate Judge Philip M. Frazier on 1/23/2013. (kls) (Entered: 01/23/2013)
|
|
Request |
|
|
|
| 101 |
Filed: 1/22/2013, Entered: None |
|
|
MOTION to submit status report and request a status conference by Kmart Corporation, Sears Holdings Corporation. (DeShano, Kimberly) (Entered: 01/22/2013)
|
|
Request |
|
|
|
| 100 |
Filed: 12/13/2012, Entered: None |
|
|
ORDER (NJR/dka) granting 99 MOTION to Appear Pro Hac Vice by Attorney Keith Jeffrey Potter for Kmart Corporation, Sears Holdings Corporation.(dka, )THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 12/13/2012)
|
|
Request |
|
|
|
| 99 |
Filed: 12/12/2012, Entered: None |
Motion to Appear Pro Hac Vice |
|
MOTION to Appear Pro Hac Vice by AttorneyKeith Jeffrey Potter $100 fee paid,receipt number 0754-1848364 by on behalf of Kmart Corporation, Sears Holdings Corporation. (Potter, Keith) (Entered: 12/12/2012)
|
|
Request |
|
|
|
| 98 |
Filed: 12/6/2012, Entered: None |
|
|
NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 97 Motion to Appear Pro Hac Vice filed by Kmart Corporation, Sears Holdings Corporation. See attached document for specifics (tkm ) (Entered: 12/06/2012)
|
|
Request |
|
|
|
| 97 |
Filed: 12/5/2012, Entered: None |
|
|
ENTRY STRICKEN - MOTION to Appear Pro Hac Vice for Keith J. Potter by AttorneyKimberly M. DeShano $100 fee paid by on behalf of Kmart Corporation, Sears Holdings Corporation. (DeShano, Kimberly) Modified on 12/6/2012 (tkm ). (Entered: 12/05/2012)
|
|
Request |
|
|
|
| 96 |
Filed: 11/28/2012, Entered: None |
|
|
ORDER granting 95 Motion to Withdraw as Attorney. Attorney John Tyler Robinson is withdrawn as counsel of record. Signed by Magistrate Judge Philip M. Frazier on 11/28/2012. (kls)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 11/28/2012)
|
|
Request |
|
|
|
| 95 |
Filed: 11/19/2012, Entered: None |
|
|
MOTION to Withdraw as Attorney by Michael Yarberry. (Robinson, John) (Entered: 11/19/2012)
|
|
Request |
|
|
|
| 94 |
Filed: 10/9/2012, Entered: None |
|
|
PROTECTIVE ORDER granting 89 Motion for Protective Order. Signed by Magistrate Judge Philip M. Frazier on 10/9/2012. (kls) (Entered: 10/09/2012)
|
|
Request |
|
|
|
| 93 |
Filed: 10/2/2012, Entered: None |
|
|
ORDER re 84 Discovery Dispute Conference. Within 10 days, plaintiff may submit to Judge Frazier materials pertaining to his oral motion to compel production of documents, including authorities on the doctrine of selective waiver. Signed by Magistrate Judge Philip M. Frazier on 10/2/2012. (kls)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 10/02/2012)
|
|
Request |
|
|
|
| 92 |
Filed: 9/28/2012, Entered: None |
|
|
REPLY to Response to Motion re 89 MOTION for Protective Order (Reply In Support) filed by Kmart Corporation, Sears Holdings Corporation. (Gibbons, John) (Entered: 09/28/2012)
|
|
Request |
|
|
|
| 91 |
Filed: 9/18/2012, Entered: None |
|
|
RESPONSE in Opposition re 89 MOTION for Protective Order filed by Michael Yarberry. (Keller, Timothy) (Entered: 09/18/2012)
|
|
Request |
|
|
|
| 90 |
Filed: 9/18/2012, Entered: None |
|
|
NOTICE OF ERRORS AND/OR DEFICIENCIES re 89 Motion for Protective Order filed by Kmart Corporation, Sears Holdings Corporation. See attached document for specifics (dka, ) (Entered: 09/18/2012)
|
|
Request |
|
|
|
| 89 |
Filed: 9/17/2012, Entered: None |
|
|
MOTION for Protective Order by Kmart Corporation, Sears Holdings Corporation. (Attachments: # 1 Exhibit A deleted)(DeShano, Kimberly) Modified on 9/18/2012 (dka, ). (Entered: 09/17/2012)
|
|
Request |
|
|
|
| 88 |
Filed: 8/31/2012, Entered: None |
|
|
RESPONSE in Opposition re 73 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Fed. R. Civ. P. 12(b)(1) MOTION to Dismiss for Failure to State a Claim Pursuant to Fed. R. Civ. P. 12(b)(6) MOTION to Dismiss Pursuant to Fed. R. Civ. P. 9(b) MOTION to Dismiss for Lack of Jurisdiction Pursuant to Fed. R. Civ. P. 12(b)(1) MOTION to Dismiss for Failure to State a Claim Pursuant to Fed. R. Civ. P. 12(b)(6) MOTION to Dismiss Pursuant to Fed. R. Civ. P. 9(b) filed by Michael Yarberry. (Keller, Timothy) (Entered: 08/31/2012)
|
|
Request |
|
|
|
| 87 |
Filed: 8/30/2012, Entered: None |
|
|
ORDER (NJR/dka) granting 86 MOTION to Appear Pro Hac Vice by Attorney James Tate for Michael Yarberry.(dka, )THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 08/30/2012)
|
|
Request |
|
|
|
| 86 |
Filed: 8/29/2012, Entered: None |
Motion to Appear Pro Hac Vice |
|
MOTION to Appear Pro Hac Vice by AttorneyJames Tate $100 fee paid,receipt number 0754-1771641 by on behalf of Michael Yarberry. (Tate, James) (Entered: 08/29/2012)
|
|
Request |
|
|
|
| 85 |
Filed: 8/28/2012, Entered: None |
|
|
NOTICE of Appearance by John F Farraher on behalf of Kmart Corporation, Sears Holdings Corporation (Farraher, John) (Entered: 08/28/2012)
|
|
Request |
|
|
|
| 84 |
Filed: 8/27/2012, Entered: None, Terminated: 1/23/2013 |
|
|
Minute Entry for proceedings held before Magistrate Judge Philip M. Frazier: Discovery Dispute Conference held on 8/27/2012. Plaintiff Michael Yarberry's oral motion to compel production of documents responsive to his First Request for Production is resolved as follows. Documents withheld on a claim of privilege shall be submitted to Judge Frazier for in camera review by 9/28/2012, along with a privilege log, citations to relevant authority, and a short discussion of privilege and waiver arguments. Documents which are responsive to plaintiff's requests and are not withheld on the basis of a privilege claim shall be produced to plaintiff in full by 10/12/2012. The parties are advised that any request for a protective order should be narrowly focused to prevent disclosure of trade secrets. Due to time restraints, the Court does not expand the scope of this conference. The parties shall continue efforts to resolve new disputes regarding responses to plaintiff's second request for production of documents. (krm) (Entered: 08/27/2012)
|
|
Request |
|
|
|
| 83 |
Filed: 8/24/2012, Entered: None |
|
|
ORDER (NJR/jdh), Granting 82 MOTION to Appear Pro Hac Vice by Attorney Pamela J Schieffelin.(jdh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 08/24/2012)
|
|
Request |
|
|
|
| 82 |
Filed: 8/23/2012, Entered: None |
Motion to Appear Pro Hac Vice |
|
MOTION to Appear Pro Hac Vice by AttorneyPamela J Schieffelin $100 fee paid,receipt number 0754-1766698 by on behalf of Kmart Corporation, Sears Holdings Corporation. (Schieffelin, Pamela) (Entered: 08/23/2012)
|
|
Request |
|
|
|
| 81 |
Filed: 8/23/2012, Entered: None |
|
|
NOTICE of Appearance by Robert P Charrow on behalf of Kmart Corporation, Sears Holdings Corporation (Charrow, Robert) (Entered: 08/23/2012)
|
|
Request |
|
|
|
| 80 |
Filed: 8/23/2012, Entered: None |
|
|
NOTICE of Appearance by Jeffrey W Greene on behalf of Kmart Corporation, Sears Holdings Corporation (Greene, Jeffrey) (Entered: 08/23/2012)
|
|
Request |
|
|
|
| 79 |
Filed: 8/23/2012, Entered: None |
|
|
ORDER re 78 Notice of Hearing: The Discovery Dispute Conference set for 8/24/2012 9:45 AM is CONTINUED to 8/27/2012 11:30 AM. Signed by Magistrate Judge Philip M. Frazier on 8/23/2012. (krm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 08/23/2012)
|
|
Request |
|
|
|
| 78 |
Filed: 8/23/2012, Entered: None |
|
|
NOTICE of Hearing: Discovery Dispute Conference set for 8/24/2012 9:45 AM via telephone conference before Magistrate Judge Philip M. Frazier. Counsel for Plaintiff to place the call between the Court (618-439-7750) and opposing counsel. (krm) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 08/23/2012)
|
|
Request |
|
|
|
| 77 |
Filed: 8/17/2012, Entered: None |
|
|
NOTICE of Appearance by Kimberly M. DeShano on behalf of Kmart Corporation, Sears Holdings Corporation (DeShano, Kimberly) (Entered: 08/17/2012)
|
|
Request |
|
|
|
| 76 |
Filed: 8/17/2012, Entered: None |
|
|
NOTICE of Appearance by John F. Gibbons on behalf of Kmart Corporation, Sears Holdings Corporation (Gibbons, John) (Entered: 08/17/2012)
|
|
Request |
|
|
|
| 75 |
Filed: 8/3/2012, Entered: None |
|
|
NOTICE of Appearance by John Tyler Robinson on behalf of Michael Yarberry (Robinson, John) (Entered: 08/03/2012)
|
|
Request |
|
|
|
| 74 |
Filed: 8/1/2012, Entered: None |
|
|
MEMORANDUM in Support re 73 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Fed. R. Civ. P. 12(b)(1) MOTION to Dismiss for Failure to State a Claim Pursuant to Fed. R. Civ. P. 12(b)(6) MOTION to Dismiss Pursuant to Fed. R. Civ. P. 9(b) MOTION to Dismiss for Lack of Jurisdiction Pursuant to Fed. R. Civ. P. 12(b)(1) MOTION to Dismiss for Failure to State a Claim Pursuant to Fed. R. Civ. P. 12(b)(6) MOTION to Dismiss Pursuant to Fed. R. Civ. P. 9(b) filed by Kmart Corporation, Sears Holdings Corporation. (Clapp, Abigail) (Entered: 08/01/2012)
|
|
Request |
|
|
|
| 73 |
Filed: 8/1/2012, Entered: None |
Motion to Dismiss |
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MOTION to Dismiss for Lack of Jurisdiction Pursuant to Fed. R. Civ. P. 12(b)(1), MOTION to Dismiss for Failure to State a Claim Pursuant to Fed. R. Civ. P. 12(b)(6), MOTION to Dismiss Pursuant to Fed. R. Civ. P. 9(b) by Kmart Corporation, Sears Holdings Corporation. Responses due by 9/4/2012 (Clapp, Abigail) (Entered: 08/01/2012)
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Request |
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| 71 |
Filed: 7/11/2012, Entered: None |
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NOTICE by USA of Consent to Relator's Voluntary Dismissal of Usual and Customary Price Fraud Claims (Burke, Gerald) (Entered: 07/11/2012)
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Request |
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| 70 |
Filed: 7/6/2012, Entered: None |
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NOTICE OF ERRORS AND/OR DEFICIENCIES re 69 Second Amended Complaint, filed by Michael Yarberry. Appropriate parties not added/terminated when filing Second Amended Complaint. Appropriate parties added/terminated by Benton Clerk's Office. (dka, )THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 07/06/2012)
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Request |
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| 69 |
Filed: 7/6/2012, Entered: None |
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AMENDED COMPLAINT against Kmart Corporation, Sears Holdings Corporation, filed by Michael Yarberry. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P)(Keller, Timothy) Modified on 7/6/2012 (dka, ). (Entered: 07/06/2012)
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Request |
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| 68 |
Filed: 7/3/2012, Entered: None |
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ORDER granting 63 Motion for Leave to File Second Amended Complaint. The proposed pleading may be electronically filed within 7 days. Signed by Magistrate Judge Philip M. Frazier on 7/3/2012. (kls)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 07/03/2012)
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Request |
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| Save 25% on a pre-paid one year subscription. |
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| 67 |
Filed: 6/29/2012, Entered: None |
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NOTICE by Kmart, Inc., Sears Holdings Company, Inc., Sears Holdings Corporation re 63 MOTION for Leave to File Plaintiffs' Second Amended Complaint (Of Consent) (Clapp, Abigail) (Entered: 06/29/2012)
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Request |
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| 66 |
Filed: 6/19/2012, Entered: None |
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SCHEDULING AND DISCOVERY ORDER: Discovery to be completed by 1/7/2013. Dispositive Motions shall be filed by 1/21/2013. Signed by Magistrate Judge Philip M. Frazier on 6/19/2012. (Attachments: # 1 Plaintiffs' Proposed Scheduling and Discovery Order)(krm) (Entered: 06/19/2012)
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Request |
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| 65 |
Filed: 6/19/2012, Entered: None |
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Minute Entry for proceedings held before Magistrate Judge Philip M. Frazier: Scheduling and Discovery Conference held on 6/19/2012. Plaintiffs' Proposed Scheduling and Discovery Order will be entered as submitted. Any request for extension of the trial date must be directed to Judge Reagan. A settlement conference is waived at this time but may be set at a later date upon request of the parties. (krm) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 06/19/2012)
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Request |
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| 64 |
Filed: 6/18/2012, Entered: None |
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ORDER granting 62 Motion to Appear Pro Hac Vice for attorney Julie Webster Popham on behalf of Michael Yarberry on 6/18/2012. (tkm )THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 06/18/2012)
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Request |
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| 63 |
Filed: 6/15/2012, Entered: None |
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MOTION for Leave to File Plaintiffs' Second Amended Complaint by Michael Yarberry. (Keller, Timothy) (Entered: 06/15/2012)
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Request |
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| 62 |
Filed: 6/15/2012, Entered: None |
Motion to Appear Pro Hac Vice |
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MOTION to Appear Pro Hac Vice by AttorneyJulie Webster Popham $100 fee paid,receipt number 0754-1715849 by on behalf of Michael Yarberry. (Popham, Julie) (Entered: 06/15/2012)
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Request |
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| 61 |
Filed: 6/14/2012, Entered: None |
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ORDER (NJR/dka) granting 60 MOTION to Appear Pro Hac Vice by Attorney Paul B. Martins for by Michael Yarberry.(dka, )THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 06/14/2012)
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Request |
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| 60 |
Filed: 6/14/2012, Entered: None |
Motion to Appear Pro Hac Vice |
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MOTION to Appear Pro Hac Vice by AttorneyPaul B. Martins $100 fee paid,receipt number 0754-1714688 by on behalf of Michael Yarberry. (Martins, Paul) (Entered: 06/14/2012)
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Request |
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| 59 |
Filed: 6/6/2012, Entered: None |
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ORDER granting 58 Motion to Appear Pro Hac Vice for Attorney Jeffrey W. Greene on behalf of Kmart, Inc., and Sears Holdings Company, Inc., on 6/6/2012. (tkm )THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 06/06/2012)
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Request |
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| 58 |
Filed: 6/5/2012, Entered: None |
Motion to Appear Pro Hac Vice |
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MOTION to Appear Pro Hac Vice by AttorneyJeffrey W Greene $100 fee paid,receipt number 0754-1708421 by on behalf of Kmart, Inc., Sears Holdings Company, Inc.. (Greene, Jeffrey) (Entered: 06/05/2012)
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Request |
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| 57 |
Filed: 5/15/2012, Entered: None |
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ORDER REGARDING DISCOVERY: Discovery disputes which cannot be resolved through informal means pursuant to Federal Rule of Civil Procedure 37 shall be handled in the following manner. The party seeking the discovery shall be responsible for arranging for a prompt telephone conference with the Court and opposing counsel, by first contacting Karen Metheney, Courtroom Deputy to Judge Frazier, at 618-439-7754. If written discovery is involved, the disputed portion(s) shall be faxed to the Court prior to the telephone conference. Motions to Compel discovery and/or for appropriate sanctions shall be presented orally at the telephone conference. Written motions to compel or legal memoranda will not be accepted unless specifically requested by the Court. Expense of the call will be borne by the non-prevailing party. Signed by Magistrate Judge Philip M. Frazier on 5/15/2012. (krm, )THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 05/15/2012)
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Request |
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| 56 |
Filed: 5/15/2012, Entered: None |
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NOTICE of Scheduling and Discovery Conference: Scheduling and Discovery Conference set for 6/19/2012 9:30 AM via telephone before Magistrate Judge Philip M. Frazier. Counsel for plaintiffs to place the conference call. The telephone number for the Court is 618-439-7750. Lead counsel must participate in the conference call. (krm)(krm) (Entered: 05/15/2012)
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Request |
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| 55 |
Filed: 5/9/2012, Entered: None |
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NOTICE OF ERRORS AND/OR DEFICIENCIES re 54 Status Report filed by Michael Yarberry, Kmart, Inc., Sears Holdings Company, Inc., USA. See attached document for specifics (tkm ) (Entered: 05/09/2012)
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Request |
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| 54 |
Filed: 5/8/2012, Entered: None |
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STATUS REPORT and Stipulation Concerning Defendants Response To Complaint (Joint) by Kmart, Inc., Sears Holdings Company, Inc., USA, Michael Yarberry. (Clapp, Abigail) (Entered: 05/08/2012)
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Request |
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| 53 |
Filed: 5/8/2012, Entered: None |
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Corporate Disclosure Statement by Kmart, Inc., Sears Holdings Company, Inc. identifying Corporate Parent Sears Holdings Corporation for Kmart, Inc.. (Clapp, Abigail) (Entered: 05/08/2012)
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Request |
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| 52 |
Filed: 5/8/2012, Entered: None |
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NOTICE of Appearance by Abigail A. Clapp on behalf of Kmart, Inc., Sears Holdings Company, Inc. (Clapp, Abigail) (Entered: 05/08/2012)
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Request |
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| 51 |
Filed: 5/2/2012, Entered: None |
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ORDER (NJR/dka) granting 50 MOTION to Appear Pro Hac Vice by Attorney Robert P Charrow on behalf of Kmart, Inc., Sears Holdings Company, Inc. (dka, )THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 05/02/2012)
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Request |
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| 50 |
Filed: 5/1/2012, Entered: None |
Motion to Appear Pro Hac Vice |
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MOTION to Appear Pro Hac Vice by AttorneyRobert P Charrow $100 fee paid,receipt number 0754-1684363 by on behalf of Kmart, Inc., Sears Holdings Company, Inc.. (Charrow, Robert) (Entered: 05/01/2012)
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Request |
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| 49 |
Filed: 4/26/2012, Entered: None |
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ORDER granting 48 Motion to Appear Pro Hac Vice for attorney John F. Farraher on behalf of Kmart, Inc and Sears Holdings Company Inc., on 4/25/2012. (tkm )THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 04/26/2012)
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Request |
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| 48 |
Filed: 4/25/2012, Entered: None |
Motion to Appear Pro Hac Vice |
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MOTION to Appear Pro Hac Vice by AttorneyJohn F Farraher $100 fee paid,receipt number 0754-1678268 by on behalf of Kmart, Inc., Sears Holdings Company, Inc.. (Farraher, John) (Entered: 04/25/2012)
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Request |
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| 47 |
Filed: 3/6/2012, Entered: None |
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WAIVER OF SERVICE Returned Executed by Michael Yarberry. Sears Holdings Corporation waiver sent on 3/2/2012, answer due 5/1/2012. (Keller, Timothy) (Entered: 03/06/2012)
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Request |
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| 46 |
Filed: 3/6/2012, Entered: None |
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WAIVER OF SERVICE Returned Executed by Michael Yarberry. Kmart, Inc. waiver sent on 3/2/2012, answer due 5/1/2012. (Keller, Timothy) (Entered: 03/06/2012)
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Request |
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| 45 |
Filed: 3/5/2012, Entered: None |
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Docket Annotation - per Amended Complaint 26 filed 1/18/11, Sears Holdings Corporation termed and Sears Holdings Company, Inc., added. (dka, ) (Entered: 03/05/2012)
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Request |
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| 44 |
Filed: 3/2/2012, Entered: None |
Summons Issued |
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Summons Issued as to Kmart, Inc., Sears Holdings Corporation. (bkl) (Entered: 03/02/2012)
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Request |
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| 43 |
Filed: 11/9/2011, Entered: None |
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CJRA TRACK C assigned: Final Pretrial Conference set for 4/19/2013, 11:00 AM in East St. Louis Courthouse before Judge Michael J. Reagan. Jury Trial set for 5/13/2013, 09:00 AM in East St. Louis Courthouse before Judge Michael J. Reagan. (dkd ) (Entered: 11/09/2011)
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Request |
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| 42 |
Filed: 11/7/2011, Entered: None |
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Order to Unseal Case. Signed by Judge Michael J. Reagan on 11/07/2011. (dkd ) (Entered: 11/07/2011)
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Request |
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| 41 |
Filed: 11/4/2011, Entered: None |
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Sealed Document. (Burke, Gerald) (Entered: 11/04/2011)
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| 26 |
Filed: 1/18/2011, Entered: None |
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AMENDED COMPLAINT against Kmart, Inc., Sears Holdings Corporation, filed by Michael Yarberry. (Attachments: # 1 Exhibit A through J, # 2 Exhibit K through W, # 3 Exhibit X, # 4 Exhibit Y, # 5 Exhibit Z through FF)(Keller, Timothy) (Entered: 01/18/2011)
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Request |
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| 72 |
Filed: 7/25/2012, Entered: None |
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ORDER re 71 Notice filed by USA: the Court and the USA CONSENT to the dismissal of certain claims via amendment of the complaint. See Order for details. Signed by Judge Michael J. Reagan on 07/25/2012. (mmr)
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