Vogeler v. Columbia Acorn Trust

Federal Civil Lawsuit Illinois Southern District Court, Case No. 3:03-cv-00843
District Judge David R Herndon, presiding
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District Judge David R Herndon
Last Updated January 14, 2019 at 12:48 PM EST (7.1 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo Gary Vogeler, Plaintiff

Represented by American Technical Resources

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Robert L. King +1 314 863 6902 +1 314 863 7902 robertlking@charter.net

Represented by Bonnett, Fairbourn, Friedman & Balint, PC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Andrew S. Friedman +1 602 274 1100 +1 602 274 1199 afriedman@bffb.com

Represented by Korein Tillery LLC

Represented by Lerach Coughlin LLP

Name Phone Fax E-Mail
TERMINATED: 01/12/2004, LEAD ATTORNEY, ATTORNEY TO BE NOTICED Susan Collyer +1 619 231 1058 + 619 231 7423

Represented by Robbins Geller Rudman & Dowd LLP

Name Phone Fax E-Mail
TERMINATED: 01/12/2004, LEAD ATTORNEY, ATTORNEY TO BE NOTICED Timothy G. Blood +1 619 231 1058 +1 619 231 7423 timb@csgrr.com
TERMINATED: 01/12/2004, LEAD ATTORNEY, ATTORNEY TO BE NOTICED William J. Doyle, II +1 619 231 1058 +1 619 231 7423 billdoy@csgrr.com
TERMINATED: 01/12/2004, LEAD ATTORNEY, ATTORNEY TO BE NOTICED John J. Stoia, Jr. +1 619 231 1058 +1 619 231 7423 johns@rgrdlaw.com
v.
No Logo Columbia Acorn Trust, Defendant

Represented by Bell Boyd & Lloyd, LLC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Kenneth E. Rechtoris +1 312 807 4210 +1 312 827 8000 krechtoris@bellboyd.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED John W. Rotunno +1 312 807 1121 +1 312 827 8000 jrotunno@bellboyd.com

Represented by HeplerBroom LLC - Edwardsville

Represented by Schlichter, Bogard & Denton, LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Regina L. L. Wells
No Logo Columbia Wanger Asset Management LP, Defendant

Represented by Neal Gerber & Eisenberg LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Phil C. Neal +1 312 269 8000 pneal@ngelaw.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Mark Allen Rabinowitz +1 312 269 8083 +1 312 429 3555 mrabinowitz@ngelaw.com

Represented by Stinson Morrison Hecker LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Jon A. Santangelo +1 314 863 0800 +1 314 863 9388 jon.santangelo@stinsonleonard.com
Attributes
Citation Section 28 U.S.C. § 1441
Nature of Suit 850 - Other Statutes: Securities/Commodities/Exchange
Timeline
  Entries (64) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 64 Filed: 12/6/2006, Entered: None
Acknowledgment letter from state court regarding order of remand. (lmb) (Entered: 12/06/2006)
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Legal Document (Payment Possibly Required) 63 Filed: 12/5/2006, Entered: None
Letter to state court regarding order of remand. (lmb) (Entered: 12/05/2006)
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Legal Document (Payment Possibly Required) 62 Filed: 11/29/2006, Entered: None Court Filing
ORDER remanding to Madison County Circuit Court. Signed by Judge David R Herndon on 11/29/06. (mkc) (Entered: 11/29/2006)
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Legal Document (Payment Possibly Required) 61 Filed: 11/17/2006, Entered: None
MANDATE of USCA as to 32 and 33 Notice of Appeals, upon Remand from the U.S. Supreme Court, appeal DISMISSED for want of appellate jurisdiction; as to 51 Notice of Appeal, case must be REMANDED to State Court (dmw) Modified on 11/17/2006 (dmw). (Entered: 11/17/2006)
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Legal Document (Payment Possibly Required) 60 Filed: 4/7/2006, Entered: None
Acknowledgment of receipt of Record on Appeal by Supreme Court re 51 Notice of Appeal (myz ) (Entered: 04/07/2006)
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Legal Document (Payment Possibly Required) 59 Filed: 3/23/2006, Entered: None
Transmitted Record on Appeal to US Supreme Court re 51 Notice of Appeal (car) (Entered: 03/27/2006)
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Legal Document (Payment Possibly Required) 58 Filed: 3/20/2006, Entered: None
Request from USCA to transmit Record for Certiorari to U.S. Supreme Court re 51 Notice of Appeal (car) (Entered: 03/23/2006)
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Legal Document (Payment Possibly Required) 57 Filed: 7/18/2005, Entered: None
ORDER of USCA as to 46 Notice of Appeal filed by Steve Dudley, Beth Dudley consolidating Appeals in 03-692-DRH, 03-852-GPM, 03-853-GPM, 04-56-DRH, and 04-355-MJR. (tjh) (Entered: 07/20/2005)
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Legal Document (Payment Possibly Required) 56 Filed: 7/13/2005, Entered: None
ORDER of USCA as to 51 Notice of Appeal filed by Gary Vogeler. Consolidating for briefing and disposition appeals 05-2895, 05-2896, 05-2911 and 05-2912. (jep) (Entered: 07/15/2005)
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Legal Document (Payment Possibly Required) 55 Filed: 7/6/2005, Entered: None
USCA Case Number 05-2912 for 51 Notice of Appeal filed by Gary Vogeler. (myz ) (Entered: 07/11/2005)
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Legal Document (Payment Possibly Required) 54 Filed: 7/6/2005, Entered: None
DESIGNATION of Record on Appeal by Columbia Acorn Trust re 51 Notice of Appeal (Bozarth, Troy) (Entered: 07/06/2005)
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Legal Document (Payment Possibly Required) 53 Filed: 6/29/2005, Entered: None
Transmission of Short Record to US Court of Appeals re 51 Notice of Appeal;Appeal Record due to be prepared by 7/13/2005. (tjh) (Entered: 06/29/2005)
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Legal Document (Payment Possibly Required) 52 Filed: 6/28/2005, Entered: None
USCA Appeal Fees received $ 255.00 receipt number 300 105819 re 51 Notice of Appeal filed by Gary Vogeler, (trb, ) (Entered: 06/28/2005)
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Legal Document (Payment Possibly Required) 51 Filed: 6/27/2005, Entered: None
NOTICE OF APPEAL by Gary Vogeler. Filing fee $ 255. (King, Robert) (Entered: 06/27/2005)
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Legal Document (Payment Possibly Required) 50 Filed: 5/27/2005, Entered: None Court Filing
ORDER DISMISSING CASE. The Court VACATES the February 12, 2004 remand Order 28 and DISMISSES with prejudice Plaintiffs' state law claims in accord with the Seventh Circuit's mandate. Further, the Court STRIKES Plaintiffs' amended complaint 46 and DENIES as moot Plaintiffs' motion for leave to amend the complaint 47 . Signed by Judge David R Herndon on 5/27/2005. (mbf) (Entered: 05/27/2005)
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Legal Document (Payment Possibly Required) 49 Filed: 5/11/2005, Entered: None
MANDATE of USCA as to 32 Notice of Appeal filed by Columbia Wanger Asset Management LP and 33 Notice of Appeal filed by Columbia Acorn Trust; the judgment of the District Court is REVERSED, with costs, and the case is remanded with instructions to undo the remand orders and dismiss plaintiffs' state-law claims. (tjh) (Entered: 05/18/2005)
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Legal Document (Payment Possibly Required) 48 Filed: 5/13/2005, Entered: None
MEMORANDUM in Support re 47 First MOTION to Amend/Correct 2 Complaint In the Alternative to Notice of Filing of Amended Complaint filed by Gary Vogeler. (King, Robert) (Entered: 05/13/2005)
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Legal Document (Payment Possibly Required) 47 Filed: 5/13/2005, Entered: None
First MOTION to Amend/Correct 2 Complaint In the Alternative to Notice of Filing of Amended Complaint by Gary Vogeler. (King, Robert) (Entered: 05/13/2005)
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Legal Document (Payment Possibly Required) 46 Filed: 5/13/2005, Entered: None
AMENDED COMPLAINT against all defendants, filed by Gary Vogeler.(King, Robert) (Entered: 05/13/2005)
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Legal Document (Payment Possibly Required) 45 Filed: 5/13/2005, Entered: None
NOTICE by Gary Vogeler of Filing of Amended Complaint As of Right (King, Robert) (Entered: 05/13/2005)
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Legal Document (Payment Possibly Required) 44 Filed: 5/13/2005, Entered: None
NOTICE of Appearance by Robert L. King on behalf of Gary Vogeler (King, Robert) (Entered: 05/13/2005)
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Legal Document (Payment Possibly Required) 43 Filed: 12/10/2004, Entered: None
Receipt for Record on Appeal by USCA-7 re 32 Notice of Appeal, 33 Notice of Appeal. (tjh) (Entered: 12/13/2004)
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Legal Document (Payment Possibly Required) 42 Filed: 12/6/2004, Entered: None
Certified and Transmitted Record on Appeal to US Court of Appeals re 32 Notice of Appeal, 33 Notice of Appeal (tjh) (Entered: 12/06/2004)
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Legal Document (Payment Possibly Required) 41 Filed: 12/1/2004, Entered: None
Request from USCA to transmit Record on Appeal re 32 Notice of Appeal, 33 Notice of Appeal (tjh) (Entered: 12/06/2004)
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Legal Document (Payment Possibly Required) 40 Filed: 3/25/2004, Entered: None
Letter to USCA advising of payment of appeal fee for appeal #04-1660. (dmw) (Entered: 03/25/2004)
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Legal Document (Payment Possibly Required) 39 Filed: 3/23/2004, Entered: None
ORDER vacating conditional transfer order. Signed by Clerk of Judicial Panel on Multidistrict Litigation on 3/17/04. (dmw) (Entered: 03/23/2004)
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Legal Document (Payment Possibly Required) 38 Filed: 3/22/2004, Entered: None
USCA Case Number 04-1661 for 33 Notice of Appeal filed by Columbia Acorn Trust. (dmw) (Entered: 03/22/2004)
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Legal Document (Payment Possibly Required) 37 Filed: 3/22/2004, Entered: None
USCA Case Number 04-1660 for 32 Notice of Appeal filed by Columbia Wanger Asset Management LP. (dmw) (Entered: 03/22/2004)
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Legal Document (Payment Possibly Required) 36 Filed: 3/17/2004, Entered: None
DESIGNATION of Record on Appeal by Columbia Acorn Trust re 33 Notice of Appeal (Bozarth, Troy) (Entered: 03/17/2004)
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Legal Document (Payment Possibly Required) 35 Filed: 3/15/2004, Entered: None
Transmission of Short Record to US Court of Appeals re 32 Notice of AppealAppeal Record due to be prepared by 3/29/2004. (tjh) (Entered: 03/15/2004)
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Legal Document (Payment Possibly Required) 34 Filed: 3/15/2004, Entered: None
Transmission of Short Record to US Court of Appeals re 33 Notice of AppealAppeal Record due to be prepared by 3/29/2004. (tjh) (Entered: 03/15/2004)
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Legal Document (Payment Possibly Required) 33 Filed: 3/11/2004, Entered: None
NOTICE OF APPEAL as to 28 Order of Remand,, Terminate Motions, by Columbia Acorn Trust. (Wells, Regina) (Entered: 03/11/2004)
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Legal Document (Payment Possibly Required) 32 Filed: 3/11/2004, Entered: None
NOTICE OF APPEAL as to 28 Order of Remand,, Terminate Motions, by Columbia Wanger Asset Management LP. (Santangelo, Jon) (Entered: 03/11/2004)
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Legal Document (Payment Possibly Required) 31 Filed: 2/25/2004, Entered: None
Letter from Clerk of Court to Clerk, Madison County Clerk re remand (tjh) (Entered: 02/25/2004)
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Legal Document (Payment Possibly Required) 30 Filed: 2/18/2004, Entered: None
NOTICE OF ERRORS AND/OR DEFICIENCIES re 23 Motion to Remand filed by Gary Vogeler. See attached document for specifics (tjh) (Entered: 02/18/2004)
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Legal Document (Payment Possibly Required) 29 Filed: 2/17/2004, Entered: None
NOTICE OF ERRORS AND/OR DEFICIENCIES re 18 Motion for Leave to File Excess Pages filed by Columbia Wanger Asset Management LP, 19 Motion to Dismiss, filed by Columbia Wanger Asset Management LP. See attached document for specifics (tjh) (Entered: 02/17/2004)
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Blank 28 Filed: 2/12/2004, Entered: None Court Filing
ORDER OF REMAND: This case is remanded sua sponte to the Circuit Court of Madison County, Illinois. The Court DENIES as moot 23 the MOTION to Remand filed by Gary Vogeler, 25 the MOTION to Expedite, 15 the MOTION to Dismiss filed by Columbia Acorn Trust, and 19 the MOTION to Dismiss filed by Columbia Wanger Asset Management LP. Signed by Judge David R Herndon on 02/12/2004. (mbf) (Entered: 02/12/2004)
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Legal Document (Payment Possibly Required) 27 Filed: 2/11/2004, Entered: None
RESPONSE in Opposition re 25 MOTION to Expedite Motion to Accelerate Briefing on Motion to Remand and to Stay Briefing on Motion to Dismiss filed by Columbia Wanger Asset Management LP. (Santangelo, Jon) (Entered: 02/11/2004)
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Legal Document (Payment Possibly Required) 26 Filed: 2/9/2004, Entered: None
MEMORANDUM in Support re 25 MOTION to Expedite Motion to Accelerate Briefing on Motion to Remand filed by Gary Vogeler. (Attachments: # 1 Exhibit)(Barash, Eugene) (Entered: 02/09/2004)
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Legal Document (Payment Possibly Required) 25 Filed: 2/9/2004, Entered: None
MOTION to Expedite Motion to Accelerate Briefing on Motion to Remand by Gary Vogeler. (Attachments: # 1proposed order - deleted)(Barash, Eugene) Notice of errors attached on 2/18/2004 (tjh). (Entered: 02/09/2004)
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Legal Document (Payment Possibly Required) 24 Filed: 2/9/2004, Entered: None
MEMORANDUM in Support re 23 MOTION to Remand filed by Gary Vogeler. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit # 7 Exhibit)(Barash, Eugene) (Entered: 02/09/2004)
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Legal Document (Payment Possibly Required) 23 Filed: 2/9/2004, Entered: None
MOTION to Remand by Gary Vogeler. (Attachments: # 1)(Barash, Eugene) Additional attachment(s) added on 2/18/2004 (tjh, ). (Entered: 02/09/2004)
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Legal Document (Payment Possibly Required) 22 Filed: 1/28/2004, Entered: None Court Filing
ORDER vacating Court's prior order that denied Defendant Columbia Wanger leave to file dismissal brief in excess of local rules' page limit (Doc. 21).DENYING AS MOOT Defendant Columiba Wanger request for leave to file dismissal brief in excess of local rules' page limit (Doc. 18).DIRECTING Defendant not to file documents prior to obtaining leave if it believes leave of court is required.Signed by Judge David R Herndon on 01/28/2004. (mbf) (Entered: 01/28/2004)
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Legal Document (Payment Possibly Required) 21 Filed: 1/28/2004, Entered: None Court Filing
ORDER 18 Court DENIES the motion for Leave to File Excess Pages filed by Columbia Wanger Asset Management LP.Signed by Judge David R Herndon on 01/28/2004. (mbf) (Entered: 01/28/2004)
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Blank 20 Filed: 1/28/2004, Entered: None
MEMORANDUM in Support re 19 MOTION to Dismiss Plaintiff's Complaint filed by Columbia Wanger Asset Management LP. (Santangelo, Jon) (Entered: 01/28/2004)
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Legal Document (Payment Possibly Required) 19 Filed: 1/28/2004, Entered: None Motion to Dismiss
MOTION to Dismiss Plaintiff's Complaint by Columbia Wanger Asset Management LP. Responses due by 2/27/2004 (Attachments: # 1 # 2proposed order )(Santangelo, Jon) Notice of errors added on 2/17/2004 (tjh). Modified on 2/17/2004 (tjh). (Entered: 01/28/2004)
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Legal Document (Payment Possibly Required) 18 Filed: 1/28/2004, Entered: None
MOTION for Leave to File Excess Pages by Columbia Wanger Asset Management LP. (Attachments: # 1proposed order )(Santangelo, Jon) Notice of errors added on 2/17/2004 (tjh). Modified on 2/17/2004 (tjh). (Entered: 01/28/2004)
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Legal Document (Payment Possibly Required) 17 Filed: 1/20/2004, Entered: None Court Filing
ORDER, Granting 12 MOTION for Extension of Time to File Answer re 2 Complaint filed by Columbia Wanger Asset Management LP.Response due by 2/6/2004.. Signed by Judge Clifford J. Proud on 1/20/04. (amv, ) (Entered: 01/20/2004)
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Legal Document (Payment Possibly Required) 16 Filed: 1/16/2004, Entered: None
MEMORANDUM in Support re 15 MOTION to Dismiss filed by Columbia Acorn Trust. (tjh) (Entered: 01/17/2004)
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Legal Document (Payment Possibly Required) 15 Filed: 1/16/2004, Entered: None Motion to Dismiss
MOTION to Dismiss by Columbia Acorn Trust. Responses due by 2/16/2004 (tjh) (Entered: 01/17/2004)
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Legal Document (Payment Possibly Required) 14 Filed: 1/15/2004, Entered: None Court Filing
NOTICE of Scheduling Conference set for 2/20/2004 09:00 AM in East St. Louis Court House before Mag/Judge Clifford J. Proud. (tjh) (Entered: 01/17/2004)
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Legal Document (Payment Possibly Required) 13 Filed: 1/15/2004, Entered: None Court Filing
CJRA TRACK D assigned: Presumptive Jury Trial set for 7/2005 in East St. Louis Court House before Judge David R Herndon. Signed by Judge David R Herndon on 1/15/04. (tjh) (Entered: 01/17/2004)
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Legal Document (Payment Possibly Required) 12 Filed: 1/14/2004, Entered: None
MOTION for Extension of Time to File Answer re 2 Complaint by Columbia Wanger Asset Management LP. (tjh) (Entered: 01/17/2004)
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Legal Document (Payment Possibly Required) 11 Filed: 12/16/2003, Entered: None
ORDER (NGJ/tb) granting motion for attorney John W. Rotunno, Kenneth E. Rechtoris and Daniel J. Hayes to appear pro hac vice [10-1] on behalf of defendant Columbia Acorn Trust; $300.00 filing fee paid receipt #300 94057 (cc: all counsel) (tjh) (Entered: 12/23/2003)
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Legal Document (Payment Possibly Required) 10 Filed: 12/16/2003, Entered: None, Terminated: 12/16/2003
MOTION by defendant Columbia Acorn Trust for attorney John W. Rotunno, Kenneth E. Rechtoris and Daniel J. Hayes to appear pro hac vice (tjh) (Entered: 12/23/2003)
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Legal Document (Payment Possibly Required) 9 Filed: 12/16/2003, Entered: None
ORDER (NGJ/tb) granting motion to extend time to answer [8-1] to and including 1/16/04 (cc: all counsel) (tjh) (Entered: 12/23/2003)
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Legal Document (Payment Possibly Required) 8 Filed: 12/16/2003, Entered: None, Terminated: 12/16/2003
MOTION by defendant Columbia Acorn Trust, defendant Columbia Wanger LP to extend time to answer (tjh) (Entered: 12/23/2003)
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Legal Document (Payment Possibly Required) 7 Filed: 12/16/2003, Entered: None
ENTRY OF APPEARANCE & DEMAND for jury trial by defendant Columbia Wanger LP (tjh) (Entered: 12/23/2003)
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Legal Document (Payment Possibly Required) 6 Filed: 12/16/2003, Entered: None
ORDER (NGJ/tb) granting motion for attorney Phil C. Neal & Mark Rabinowitz to appear pro hac vice [5-1] on behalf of Columbia Wanger; $200.00 filing fee paid receipt #300 94060 (cc: all counsel) (tjh) (Entered: 12/23/2003)
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Legal Document (Payment Possibly Required) 5 Filed: 12/16/2003, Entered: None, Terminated: 12/16/2003
MOTION by defendant Columbia Wanger LP for attorney Phil C. Neal & Mark Rabinowitz to appear pro hac vice (tjh) (Entered: 12/23/2003)
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Legal Document (Payment Possibly Required) 4 Filed: 12/12/2003, Entered: None
ATTORNEY APPEARANCE for defendant Columbia Acorn Trust by Gordon R. Broom, Troy A. Bozarth and Regina Wells (trb) (Entered: 12/17/2003)
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Legal Document (Payment Possibly Required) 3 Filed: 12/12/2003, Entered: None
NOTICE by defendant Columbia Acorn Trust, defendant Columbia Wanger LP of filing notice of removal (trb) (Entered: 12/17/2003)
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Blank 2 Filed: 12/12/2003, Entered: None, Terminated: 1/20/2004
COMPLAINT (copy of) Filing fee pd $ 150.00 receipt # 300 93971 (trb) Modified on 12/17/2003 (Entered: 12/17/2003)
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Legal Document (Payment Possibly Required) 1 Filed: 12/12/2003, Entered: None
NOTICE OF REMOVAL from Madison County State Court; Case Number: 03-L-1550 (trb) (Entered: 12/17/2003)
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