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 203 |
Filed: 7/28/2008, Entered: 7/28/2008 |
Satisfaction of Judgment |
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SATISFACTION OF JUDGMENT re [202] Consent Judgment entered In favor of United States Against The Black & Decker Corporation by United States. (Frattarelli, Angelo)
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| 202 |
Filed: 7/16/2008, Entered: 7/16/2008 |
Consent Judgment |
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Final CONSENT JUDGMENT. Signed by Judge William D Quarles, Jr on 7/15/08. (hml, Deputy Clerk)
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| 201 |
Filed: 7/15/2008, Entered: 7/15/2008, Terminated: 7/16/2008 |
Motion for Judgment |
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Joint MOTION for Judgment by United States Responses due by 8/1/2008 (Frattarelli, Angelo)
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| 200 |
Filed: 5/15/2008, Entered: 5/15/2008 |
Order |
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MARGINAL ORDER APPROVING [199] Joint Status Report, filed by United States. Signed by Judge William D Quarles, Jr on 5/15/08. (eg, Deputy Clerk) Modified on 5/15/2008 (eg, Deputy Clerk).
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| 199 |
Filed: 5/14/2008, Entered: 5/14/2008 |
Status Report |
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STATUS REPORT Jointly Filed by United States. (Frattarelli, Angelo)
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| 198 |
Filed: 4/8/2008, Entered: 4/8/2008 |
Order |
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MARGINAL ORDER APPROVING [197] Joint Status Report. Signed by Judge William D Quarles, Jr on 4/8/08. (eg, Deputy Clerk)
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Filed: 4/8/2008, Entered: 4/8/2008 |
Add and Terminate Judges |
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Magistrate Judge Beth P. Gesner no longer assigned to case. (eg, Deputy Clerk)
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| 197 |
Filed: 4/7/2008, Entered: 4/7/2008 |
Status Report |
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STATUS REPORT Jointly Filed by the Black & Decker Corporation and by United States. (Frattarelli, Angelo)
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| 196 |
Filed: 2/7/2008, Entered: 2/7/2008 |
Order |
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MARGINAL ORDER APPROVING [195] Joint Status Report, filed by The Black & Decker Corporation, United States. Signed by Judge William D Quarles, Jr on 2/7/08. (egs, Deputy Clerk)
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| 195 |
Filed: 2/7/2008, Entered: 2/7/2008 |
Status Report |
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STATUS REPORT Jointly Filed by The Black & Decker Corporation, United States. (Karter, Philip)
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| 194 |
Filed: 12/5/2007, Entered: 12/5/2007 |
Order |
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MARGINAL ORDER APPROVING [193] Joint Status Report, filed by United States. Signed by Judge William D Quarles Jr. on 12/4/0/7. (eg, Deputy Clerk)
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| 193 |
Filed: 12/4/2007, Entered: 12/4/2007 |
Status Report |
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STATUS REPORT by the Black & Decker Corp. and by United States. (Frattarelli, Angelo)
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| 192 |
Filed: 10/16/2007, Entered: 10/16/2007 |
Order on Motion to Appear Pro Hac Vice |
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PAPERLESS ORDER granting [190] Motion to Appear Pro Hac Vice for attorney Philip Karter on behalf of The Black & Decker Corporation. Signed by Clerk on 10/16/2007. (ts, Deputy Clerk)
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| 191 |
Filed: 10/16/2007, Entered: 10/16/2007 |
Order on Motion to Appear Pro Hac Vice |
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PAPERLESS ORDER granting [189] Motion to Appear Pro Hac Vice for attorney Herbert Odell on behalf of The Black & Decker Corporation. Signed by Clerk on 10/16/2007. (ts, Deputy Clerk)
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| 190 |
Filed: 10/12/2007, Entered: 10/12/2007, Terminated: 10/16/2007 |
Motion to Appear Pro Hac Vice |
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MOTION for Philip Karter to Appear Pro Hac Vice on behalf of The Black & Decker Corporation. Filing fee $ 50, receipt number 14637020420. (mcb, Deputy Clerk)
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| 189 |
Filed: 10/12/2007, Entered: 10/12/2007, Terminated: 10/16/2007 |
Motion to Appear Pro Hac Vice |
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MOTION for Herbert Odell to Appear Pro Hac Vice on behalf of The Black & Decker Corporation. Filing fee $ 50, receipt number 14637020419. (mcb, Deputy Clerk)
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| 188 |
Filed: 10/4/2007, Entered: 10/4/2007 |
Order |
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MARGINAL ORDER approving [187] JOINT Status Report, filed by The Black & Decker Corporation, United States. Signed by Judge William D Quarles Jr. on 10/4/07. (mcb, Deputy Clerk)
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| 187 |
Filed: 10/3/2007, Entered: 10/3/2007 |
Status Report |
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STATUS REPORT by The Black & Decker Corporation, United States. (Karter, Philip)
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| 186 |
Filed: 8/7/2007, Entered: 8/7/2007 |
Order |
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MARGINAL ORDER APPROVING [185] Joint Status Report, filed by The Black & Decker Corporation, United States. Signed by Judge William D Quarles Jr. on 8/6/07. (mcb, Deputy Clerk)
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| 185 |
Filed: 8/6/2007, Entered: 8/6/2007 |
Status Report |
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STATUS REPORT by The Black & Decker Corporation, United States. (Karter, Philip)
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| 184 |
Filed: 6/7/2007, Entered: 6/7/2007 |
Order |
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MARGINAL ORDER APPROVING [183] Joint Status Report, filed by The Black & Decker Corporation, United States. Signed by Judge William D Quarles Jr. on 6/7/07. (eg, Deputy Clerk)
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| 183 |
Filed: 6/6/2007, Entered: 6/6/2007 |
Status Report |
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STATUS REPORT by The Black & Decker Corporation, United States. (Karter, Philip)
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| 182 |
Filed: 4/9/2007, Entered: 4/9/2007 |
Status Report/Order |
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STATUS REPORT due by 6/6/2007.. Signed by Judge William D Quarles Jr. on 4/9/07. (FOR DOCUMENT #182 SEE DOCUMENT #181)(eg, Deputy Clerk)
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| 181 |
Filed: 4/9/2007, Entered: 4/9/2007 |
Order |
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MARGINAL ORDER APPROVING [180] Status Report, filed by The Black & Decker Corporation, United States. Signed by Judge William D Quarles Jr. on 4/9/07. (eg, Deputy Clerk)
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| 180 |
Filed: 4/6/2007, Entered: 4/6/2007 |
Status Report |
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STATUS REPORT by The Black & Decker Corporation, United States. (Karter, Philip)
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| 179 |
Filed: 2/21/2007, Entered: 2/21/2007 |
~Notice (other) |
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NOTICE by The Black & Decker Corporation Line re: Correction of Phone Number for Counsel (McCann, John)
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| 178 |
Filed: 2/13/2007, Entered: 2/13/2007 |
Notice of Change of Address |
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NOTICE of Change of Address by John Edward McCann, Jr (McCann, John)
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| 177 |
Filed: 2/13/2007, Entered: 2/13/2007 |
~Notice (other) |
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NOTICE by The Black & Decker Corporation Notice to Strike Appearance of Harry A. Pogash (McCann, John)
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| 176 |
Filed: 2/13/2007, Entered: 2/13/2007 |
~Notice (other) |
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NOTICE by The Black & Decker Corporation Notice to Strike Appearance of Laura Ferguson (McCann, John)
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| 175 |
Filed: 2/7/2007, Entered: 2/7/2007 |
Order |
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LETTER REQUEST an adjournment of the bench trial and MARGINAL ORDER APPROVING. Signed by Judge William D Quarles Jr. on 2/7/07. (eg, Deputy Clerk)
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| 174 |
Filed: 2/5/2007, Entered: 2/5/2007 |
Proposed Pretrial Order |
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Proposed Pretrial Order submitted by The Black & Decker Corporation, United States. (Karter, Philip)
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| 173 |
Filed: 1/4/2007, Entered: 1/4/2007 |
Order on Motion to Take Deposition |
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ORDER granting [172] Motion of plaintiff for leave to depose an out-of-state witness. Signed by Judge William D Quarles Jr. on 1/4/07. (jnl, Deputy Clerk)
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| 172 |
Filed: 12/28/2006, Entered: 12/28/2006, Terminated: 1/4/2007 |
Motion to Take Deposition |
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MOTION to Take Deposition from Thomas M. Schoewe by The Black & Decker Corporation. Responses due by 1/16/2007 (Attachments: # (1) Text of Proposed Order)(Karter, Philip)
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| 171 |
Filed: 11/17/2006, Entered: 11/17/2006 |
Order |
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LETTER ORDER SETTING date for Trial on 3/5/07. Signed by Judge William D Quarles Jr. on 11/17/06. (eg, Deputy Clerk)
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| 170 |
Filed: 4/19/2006, Entered: 4/19/2006 |
Order |
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ORDER SCHEDULING the Trial. Signed by Judge William D Quarles Jr. on 4/19/06. (eg, Deputy Clerk)
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| 169 |
Filed: 4/5/2006, Entered: 4/5/2006 |
Order |
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ORDER SETTING date for Scheduling Conference. Signed by Judge William D Quarles Jr. on 4/4/06. (eg, Deputy Clerk)
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| 168 |
Filed: 4/3/2006, Entered: 4/3/2006 |
Order |
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LETTER ORDER DIRECTING counsel to contact chambers with proposed dates for a telephone scheduling conference. Signed by Judge William D Quarles Jr. on 4/3/06. (hml, Deputy Clerk)
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| 167 |
Filed: 3/29/2006, Entered: 3/29/2006 |
USCA Mandate |
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MANDATE of USCA as to [163] Notice of Appeal, filed by United States. (sls, Deputy Clerk)
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| 166 |
Filed: 2/6/2006, Entered: 2/7/2006 |
USCA Judgment |
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JUDGMENT of USCA (certified copy)"AFFIRMING" in part; "REVERSING" in part the judgment of the District Court and "REMANDING" to the District Court for further proceedings consistent with the USCA's opinion as to [163] Notice of Appeal, filed by United States. (sls, Deputy Clerk)
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| 165 |
Filed: 4/11/2005, Entered: 4/11/2005, Terminated: 2/6/2006 |
Certificate of Clerk |
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Certificate of Clerk certifying the record is complete for appeal purposes re: [163] Notice of Appeal, (sls, Deputy Clerk)
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Filed: 1/6/2005, Entered: 1/6/2005, Terminated: 2/6/2006 |
USCA Case Number |
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USCA Case Number 04-1015 for [163] Notice of Appeal, filed by United States,. Case Manager - Deborah S. Daniel (sls, Deputy Clerk)
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| 164 |
Filed: 12/29/2004, Entered: 12/29/2004 |
Certificate of Counsel |
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CERTIFICATE of Counsel re [163] Notice of Appeal, United States' Certification of Non-Ordering of Transcript by Angelo A Frattarelli on behalf of United States (Frattarelli, Angelo)
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| -- |
Filed: 12/22/2004, Entered: 12/22/2004, Terminated: 2/6/2006 |
Transmission of Notice of Appeal and Docket Sheet |
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Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re [163] Notice of Appeal, (sls, Deputy Clerk)
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| 163 |
Filed: 12/20/2004, Entered: 12/20/2004, Terminated: 2/6/2006 |
Notice of Appeal |
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NOTICE OF APPEAL as to [154] Order on Motion for Summary Judgment,, Order on Motion for Partial Summary Judgment,,,, Order on Motion to Strike,, Order on Motion in Limine,,, by United States. Filing fee $ 255. Appeal Record due by 1/19/2005. (Cooper, Lindsey)
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| 162 |
Filed: 11/30/2004, Entered: 11/30/2004 |
Order |
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ORDER ENTERING JUDGMENT for Black & Decker Corporation in the amount of $49,813,768 plus interest. Signed by Judge William D Quarles Jr. on 11/30/04. (eg, Deputy Clerk)
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| 161 |
Filed: 11/22/2004, Entered: 11/22/2004 |
Bill of Costs |
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BILL OF COSTS - Reply Memorandum on the Issue of Attorney's Fees and Costs by The Black & Decker Corporation. (Karter, Philip)
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| 160 |
Filed: 11/19/2004, Entered: 11/19/2004 |
Miscellaneous Correspondence |
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Correspondence re: Joint Submission Of Overpayment Of Tax And Interest Due Plaintiff (Karter, Philip)
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| 159 |
Filed: 11/15/2004, Entered: 11/15/2004 |
Response |
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RESPONSE re [158] Bill of Costs filed by United States. (Attachments: # (1) Exhibit 1 - Taxation of Costs in a Civil Case)(Frattarelli, Angelo)
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| 158 |
Filed: 11/4/2004, Entered: 11/4/2004 |
Bill of Costs |
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BILL OF COSTS and Plaintiff's Memorandum on the Issue of Attorneys' Fees and Costs by The Black & Decker Corporation. (Attachments: # (1) Bill of Costs and Supporting Documentation)(Karter, Philip)
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| 157 |
Filed: 10/22/2004, Entered: 10/22/2004 |
Order on Motion to Amend/Correct |
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REVISED ORDER, granting [155] Motion of plaintiff to clarify. Signed by Judge William D Quarles Jr. on 10/22/04. (eg, Deputy Clerk)
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| 156 |
Filed: 10/22/2004, Entered: 10/22/2004 |
Memorandum Opinion |
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REVISED MEMORANDUM OPINION. Signed by Judge William D Quarles Jr. on 10/22/04. (eg, Deputy Clerk)
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| 155 |
Filed: 10/21/2004, Entered: 10/21/2004, Terminated: 10/22/2004 |
Motion to Amend/Correct |
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MOTION to Amend/Correct [153] Memorandum Opinion by The Black & Decker Corporation. Responses due by 11/8/2004 (Karter, Philip)
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| 154 |
Filed: 10/20/2004, Entered: 10/21/2004 |
Order on Motion for Summary Judgment |
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ORDER denying as moot [109] Motion of USA for Summary Judgment, denying as moot [133] Cross-Motion of Black & Decker for Summary Judgment, granting [134] Motion of Black & Decker for Summary Judgment, denying as moot [140] Motion to Strike, denying as moot [146] Motion in Limine, denying as moot [149] Motion in Limine; JUDGMENT ENTERED in favor of Black & Decker against United States. Signed by Judge William D Quarles Jr. on 10/20/04. (eg, Deputy Clerk)
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| 153 |
Filed: 10/20/2004, Entered: 10/21/2004 |
Memorandum Opinion |
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MEMORANDUM OPINION. Signed by Judge William D Quarles Jr. on 10/20/04. (eg, Deputy Clerk)
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| 152 |
Filed: 10/18/2004, Entered: 10/18/2004 |
Response in Opposition to Motion |
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RESPONSE in Opposition to United States Motion in Limine filed by The Black & Decker Corporation. Replies due by 11/1/2004. (Attachments: # (1) Exhibit 1- BDC Letter to Magistrate Gesner)(Ferguson, Laura)
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| 151 |
Filed: 10/11/2004, Entered: 10/11/2004 |
Request for Hearing |
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Request for Hearing re [134] MOTION for Summary Judgment. (Karter, Philip)
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| 150 |
Filed: 10/8/2004, Entered: 10/8/2004 |
Reply to Response to Motion |
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REPLY to Response to Motion re [134] MOTION for Summary Judgment filed by The Black & Decker Corporation. (Karter, Philip)
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Filed: 10/5/2004, Entered: 10/5/2004 |
Remark |
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Pre-marking trial exhibit instructions hand delivered to counsel along with instructions Re: the entry into courthouse, availability, and use of electronic equipment and teleconferencing equipment for the upcoming trial. (rhl, Deputy Clerk)
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Filed: 10/5/2004, Entered: 10/5/2004 |
Pretrial Conference - Final |
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Pretrial Conference held before Judge William D Quarles Jr. on 10/4/04 (rhl, Deputy Clerk)
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| 149 |
Filed: 10/4/2004, Entered: 10/4/2004, Terminated: 10/21/2004 |
Motion in Limine |
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MOTION in Limine to Exclude Plaintiff's Exhibits PX62 Through PX66 by United States. Responses due by 10/21/2004 (Attachments: # (1) Exhibit 1# (2) Exhibit 2# (3) Exhibit 3# (4) Exhibit 4# (5) Exhibit 5# (6) Text of Proposed Order)(Cooper, Lindsey)
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| 148 |
Filed: 10/4/2004, Entered: 10/4/2004 |
Reply to Response to Motion |
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REPLY to Response to Motion re [140] MOTION to Strike Errata Sheet of Carl Weiss filed by The Black & Decker Corporation. (Attachments: # (1) Exhibit 1 - Excerpted Deposition Testimony)(Karter, Philip)
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| 147 |
Filed: 9/30/2004, Entered: 9/30/2004 |
Proposed Pretrial Order |
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Proposed Pretrial Order submitted by The Black & Decker Corporation, United States. (Karter, Philip) Modified on 10/5/2004 (eg, Deputy Clerk). (rec'd document and sent to Chambers 10/5/04)
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| 146 |
Filed: 9/30/2004, Entered: 9/30/2004, Terminated: 10/21/2004 |
Motion in Limine |
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MOTION in Limine to Exclude Evidence at Trial by United States. Responses due by 10/18/2004 (Attachments: # (1) Text of Proposed Order)(Cooper, Lindsey)
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| 145 |
Filed: 9/30/2004, Entered: 9/30/2004 |
Notice of Appearance |
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NOTICE of Appearance by David Martin Katinsky on behalf of United States (Katinsky, David)
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| 144 |
Filed: 9/29/2004, Entered: 9/29/2004 |
Order on Motion for Other Relief |
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MARGINAL ORDER granting [142] Motion of plaintiff to Allow Out-Of-State Witness to Testify at Trial by Video Conference. Signed by Judge William D Quarles Jr. on 9/28/04. (eg, Deputy Clerk)
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| 143 |
Filed: 9/28/2004, Entered: 9/28/2004 |
Response in Opposition to Motion |
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RESPONSE in Opposition re [140] MOTION to Strike filed by United States. Replies due by 10/12/2004. (Attachments: # (1) Text of Proposed Order)(Cooper, Lindsey)
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| 142 |
Filed: 9/28/2004, Entered: 9/28/2004, Terminated: 9/29/2004 |
Motion for Other Relief |
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Consent MOTION for Other Relief to Allow Out-of-State Witness to Testify at Trial by Videoconference by The Black & Decker Corporation. Responses due by 10/15/2004 (Attachments: # (1) Letter to Hon. William D. Quarles, Jr. re Request to Allow Trial Appearance by Videoconference)(Karter, Philip)
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| 141 |
Filed: 9/24/2004, Entered: 9/24/2004 |
Response in Opposition to Motion |
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RESPONSE in Opposition re [134] MOTION for Summary Judgment filed by United States. Replies due by 10/8/2004. (Attachments: # (1) Exhibit No. 1 - Deposition of Paul Migiel# (2) Exhibit No. 2 - BDHMI Business Plan & Transaction Analysis# (3) Exhibit No. 3 - Deposition of Greg Repas# (4) Exhibit No.4 - Expert Report of Mark Hirschey# (5) Exhibit No.5 - Deposition of Harry Pogash# (6) Exhibit No. 6 - Deposition of Charles Fenton# (7) Exhibit No. 7 - Deposition of Raymond Brusca# (8) Exhibit No. 8 - Mercer Business Case Memorandum# (9) Exhibit No. 9 - Marsh & McClennan Companies Memorandum dated November 13, 1998# (10) Exhibit No. 10 - Expert Report of Oliver Hart# (11) Exhibit No. 11 - Expert Report of John Rizzo# (12) Exhibit No. 12 - Expert Report of John Kontner)(Frattarelli, Angelo) Modified on 9/27/2004 (eg, Deputy Clerk). (rec'd document and sent to chambers on 9/27/04)
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| 140 |
Filed: 9/23/2004, Entered: 9/23/2004, Terminated: 10/21/2004 |
Motion to Strike |
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MOTION to Strike by The Black & Decker Corporation. Responses due by 10/12/2004 (Attachments: # (1) Exhibit 1- Weiss Errata Sheet# (2) Exhibit 2- Weiss Deposition Excerpts)(Ferguson, Laura)
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| 139 |
Filed: 9/23/2004, Entered: 9/23/2004 |
Reply to Response to Motion |
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REPLY to Response to Motion re [109] MOTION for Summary Judgment on Plaintiff's Affirmative Defenses, [133] MOTION for Partial Summary Judgment and Memorandum in Support of Motion and in Opposition to Defendant's Motion for Summary Judgment on Plaintiff's Affirmative Defenses filed by The Black & Decker Corporation. (Attachments: # (1) Exhibit 1-Burke Deposition Excerpts# (2) Exhibit 2-LMSB Memo# (3) Exhibit 3-Biel Deposition Excerpt# (4) Exhibit 4-Treas. Reg. 1.6664-4(e)# (5) Exhibit 5-Sec. 351 notices# (6) Exhibit 6-Schedule D# (7) Exhibit 7-Schedule M-1)(Ferguson, Laura)
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| 138 |
Filed: 9/14/2004, Entered: 9/14/2004 |
Order on Motion for Extension of Time |
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MARGINAL ORDER granting [136] Motion of United States for Extension of Time. Signed by Judge William D Quarles Jr. on 9/14/04. (eg, Deputy Clerk)
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| 137 |
Filed: 9/14/2004, Entered: 9/14/2004 |
Response in Opposition to Motion |
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RESPONSE in Opposition re [136] MOTION for Extension of Time Expedited Motion for an Extension of Time to File an Opposition to Plaintiff's Motion for Summary Judgment filed by The Black & Decker Corporation. Replies due by 9/28/2004. (Karter, Philip)
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| 136 |
Filed: 9/14/2004, Entered: 9/14/2004, Terminated: 9/14/2004 |
Motion for Extension of Time |
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MOTION for Extension of Time Expedited Motion for an Extension of Time to File an Opposition to Plaintiff's Motion for Summary Judgment by United States. Responses due by 10/1/2004 (Attachments: # (1) Text of Proposed Order)(Cooper, Lindsey)
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| 135 |
Filed: 9/9/2004, Entered: 9/9/2004 |
Reply to Response to Motion |
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REPLY to Response to Motion re [109] MOTION for Summary Judgment on Plaintiff's Affirmative Defenses, [133] MOTION for Partial Summary Judgment and Memorandum in Support of Motion and in Opposition to Defendant's Motion for Summary Judgment on Plaintiff's Affirmative Defenses filed by United States. (Attachments: # (1) Exhibit 4 - Deposition of Richard Mack# (2) Exhibit 5 - Memorandum for LMSB Division# (3) Exhibit 6 - Errata sheet of Carl Weiss# (4) Exhibit 7 - Deposition of David Harris# (5) Exhibit 8 - Black & Decker capital loss carryover schedules# (6) Exhibit 9 - Deposition of John Fitzpatrick# (7) Exhibit 10 - Black & Decker response to IDR RA1-0176# (8) Exhibit 11 - Deposition of William Fagan# (9) Exhibit 12 - Deposition of Jonathan Nemeth# (10) Exhibit 13 - Deposition Exerpt of Paul Migiel# (11) Exhibit 14 - eloitte & Touche engagement letter# (12) Exhibit 15 - Deloitte & Touche tax opinion template)(Frattarelli, Angelo)
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| 134 |
Filed: 8/30/2004, Entered: 8/30/2004, Terminated: 10/21/2004 |
Motion for Summary Judgment |
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MOTION for Summary Judgment by The Black & Decker Corporation. Responses due by 9/16/2004 (Attachments: # (1) Exhibit 01 - Excerpts of Reevenue Agent's Report# (2) Exhibit 02 - United States' Response to First Request for Admissions# (3) Exhibit 03 - Notice of Lengthy Filing re Exhibit 3 (Exchange Agreements)# (4) Exhibit 04 - 4.?BDHMI Prepaid Amortization Schedule# (5) Exhibit 05 - Declaration of John R. Fitzpatrick# (6) Exhibit 06 - Declaration of Dennis Adams# (7) Exhibit Notice of Lengthy Filing re Exhibit 7 (Tax Returns)# (8) Exhibit 08 - BDHMI Articles Supplementary# (9) Exhibit 09 - BDHMI Stockholders Agreement# (10) Exhibit 10 - Excerpts from Oliver Hart Deposition# (11) Exhibit 11 - Excerpts from Raymond A. DeVita Deposition# (12) Exhibit 12 - Excerpts from Gerard Anderson Deposition# (13) Exhibit 13 - Excerpts from Charlie Fenton Deposition# (14) Exhibit 14 - Excerpts from John Rizzo Deposition# (15) Exhibit 15 - Articles of Incorporation of B&D Acquisition, Inc.# (16) Exhibit 16 - Notes and Loan Agreement between BDHMI and BDI# (17) Exhibit 17 - Excerpts from Mark Hirschey Deposition# (18) Exhibit 18 - Excerpts from Michael C. Jensen Deposition# (19) Exhibit 19 - Notice of Lengthy Filing re Exhibit 19 (Board Materials)# (20) Exhibit 20 - BDHMI Board Minutes# (21) Exhibit 21 - Declaration of Charles B. Schelberg# (22) Exhibit 22- Excerpts from Deposition of Raymond J. Brusca# (23) Exhibit 23 - Excerpts from Deposition of Eugene Ritzenthaler# (24) Exhibit 24 - BDHMI Action of Stockholders# (25) Exhibit 25 - BDHMI Action of Board of Directors# (26) Exhibit 26 - BDHMI Action of Sole Shareholder# (27) Exhibit 27 - Letter Requesting Charles M. Metzgar to serve on BDHMI Board of Directors)(Karter, Philip)
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| 133 |
Filed: 8/23/2004, Entered: 8/23/2004, Terminated: 10/21/2004 |
Motion for Partial Summary Judgment |
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MOTION for Partial Summary Judgment and Memorandum in Support of Motion and in Opposition to Defendant's Motion for Summary Judgment on Plaintiff's Affirmative Defenses by The Black & Decker Corporation. Responses due by 9/9/2004 (Attachments: # (1) Exhibit 01- IDR 001# (2) Exhibit 2 - Excerpts from Deposition of Carl Weiss# (3) Exhibit 3 - Excerpts from Deposition of Frank Ng# (4) Exhibit 4 - Excerpts from Deposition of David Harris# (5) Exhibit 5 - IDR RA1-004# (6) Exhibit 6 - 2001.11.26 B&D Rev. Proc. 94-69 Disclosure Ltr# (7) Exhibit 7 - Announcement 2002-2# (8) Exhibit 8 - IDR RA2-043# (9) Exhibit 9 - 2002.02.19 LMSB Memo on Privilege Waiver# (10) Exhibit 10 - 2002.03.04 B&D Annuncement 2002-2 Disclosure Ltr# (11) Exhibit 11 - Declaration of David Harris# (12) Exhibit Exhibit 12 - 2002.04.15 Frank Ng Ltr.pdf# (13) Exhibit 13 - Excerpts from Deposition of Richard Mack# (14) Exhibit 14 - 2002.07.29 Glenn DeLoriea Ltr# (15) Exhibit 15 - 2002.08.05 Linda Burke E-mail# (16) Exhibit 16 - Declaration of Frank Ng# (17) Exhibit 17 - OTSA FAQs# (18) Exhibit 18 - Notice of Lengthy Exhibit (Ex. 18)# (19) Exhibit 19 - Excerpts from Deposition of Glenn DeLoria# (20) Exhibit 20 - Excerpts from Deposition of Alan Peregoy# (21) Exhibit 21 - 2004.08.13 US Response to Interrogatory 21# (22) Exhibit 22 - Excerpts from Deposition of Harry Pogash# (23) Exhibit 23 - Excerpts from Deposition of Charles Fenton# (24) Exhibit 24 - Notice of Lengthy Exhibit (Ex. 24)# (25) Exhibit 25 - Notice of Lengthy Exhibit (Ex. 25))(Karter, Philip) Modified on 8/25/2004 (eg, Deputy Clerk). (rec'd document and sent to chambers 8/25/04)
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| 132 |
Filed: 8/9/2004, Entered: 8/9/2004 |
Order on Motion for Extension of Time to File Resp |
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Paperless ORDER granting [131] Motion for Extension of Time to File Response/Reply. Plaintiff has until 8/23/04 to file a response to Defendant's Motion for Summary Judgment. Signed by Judge William D Quarles Jr. on 8/9/2004. (Quarles, William)
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| 131 |
Filed: 8/9/2004, Entered: 8/9/2004, Terminated: 8/9/2004 |
Motion for Extension of Time to File Response/Repl |
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Consent MOTION for Extension of Time to File Response/Reply as to [109] MOTION for Summary Judgment on Plaintiff's Affirmative Defenses by The Black & Decker Corporation. Responses due by 8/26/2004 (Karter, Philip)
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| 130 |
Filed: 8/3/2004, Entered: 8/3/2004 |
Order on Motion for Summary Judgment |
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ORDER denying [71] Motion of USA for Summary Judgment, denying [94] Motion of Black & Decker for Leave to File Surreply. Signed by Judge William D Quarles Jr. on 8/3/04. (egs, Deputy Clerk)
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| 129 |
Filed: 8/3/2004, Entered: 8/3/2004 |
Memorandum Opinion |
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MEMORANDUM. Signed by Judge William D Quarles Jr. on 8/3/04. (egs, Deputy Clerk)
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| 128 |
Filed: 7/30/2004, Entered: 7/30/2004 |
Order |
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ORDER AFFIRMING Order denying the defendant's Motion for Protective Order. Signed by Judge William D Quarles Jr. on 7/30/04. (eg, Deputy Clerk)
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| 127 |
Filed: 7/27/2004, Entered: 7/27/2004 |
Order on Motion to Compel |
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ORDER denying [125] Motion to Compel. Signed by Judge Beth P. Gesner on 7/27/04. (eg, Deputy Clerk)
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| 126 |
Filed: 7/27/2004, Entered: 7/27/2004 |
Order on Motion to Compel |
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ORDER denying [117] Motion to Compel. Signed by Judge Beth P. Gesner on 7/27/04. (eg, Deputy Clerk)
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| 125 |
Filed: 7/20/2004, Entered: 7/20/2004, Terminated: 7/27/2004 |
Motion to Compel |
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MOTION to Compel by The Black & Decker Corporation. Responses due by 8/6/2004 (Attachments: # (1) Defendant's Opposition# (2) Affidavit Attachments to Defendant's Opposition# (3) L.R. 104.7 Certificate of Compliance)(Ferguson, Laura)
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| 124 |
Filed: 7/15/2004, Entered: 7/15/2004 |
Response |
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REPLY re [121] Plaintiff's Opposition, re [118] Appeal of Magistrate Judge Decision to District Court, denying Motion for Protective Order filed by United States. (DOCUMENT #123, has been refiled by the Clerk to correct the docket entry) (eg, Deputy Clerk)
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 123 |
Filed: 7/15/2004, Entered: 7/15/2004, Terminated: 3/29/2006 |
Appeal of Magistrate Judge Decision to District Co |
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APPEAL OF MAGISTRATE JUDGE DECISION to District Court by United States re [121] Response, [118] Appeal of Magistrate Judge Decision to District Court (Cooper, Lindsey) (FILED, using incorrect event)
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 Request |
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| -- |
Filed: 7/15/2004, Entered: 7/15/2004 |
Remark |
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The link to DOCUMENT #123, has been reset so that non-court users may not access it and the docket text has been modified to indicate that it was "filed using incorrect event". (eg, Deputy Clerk)
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| 122 |
Filed: 7/14/2004, Entered: 7/14/2004 |
Notice of service of motion to compel discovery |
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NOTICE of service of motion to compel discovery by The Black & Decker Corporation (Attachments: # (1) Motion to Compel)(Karter, Philip)
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| 121 |
Filed: 7/14/2004, Entered: 7/14/2004 |
Response |
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RESPONSE re [118] Appeal of Magistrate Judge Decision to District Court filed by The Black & Decker Corporation. (Ferguson, Laura)
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| 120 |
Filed: 7/7/2004, Entered: 7/7/2004 |
Order |
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MEMORANDUM TO COUNSEL, DIRECTING that defendant should submit the documents in dispute by 7/12/04, as therein set forth. Signed by Judge Beth P. Gesner on 7/6/04. (eg, Deputy Clerk)
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| 119 |
Filed: 7/6/2004, Entered: 7/6/2004 |
Order on Motion for Extension of Time to File Resp |
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PAPERLESS ORDER granting [116] Motion for Extension of Time to File Response re [109] MOTION for Summary Judgment on Plaintiff's Affirmative Defenses Responses due by 8/10/2004. Signed by Judge William D Quarles Jr. on July 6, 2004. (Quarles, William)
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| 118 |
Filed: 7/1/2004, Entered: 7/1/2004, Terminated: 3/29/2006 |
Appeal of Magistrate Judge Decision to District Co |
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APPEAL OF MAGISTRATE JUDGE DECISION to District Court by United States re [115] Order on Motion for Protective Order approving terms and conditions of parties re: confidential information (Attachments: # (1) Exhibit A# (2) Exhibit B)(Cooper, Lindsey)
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| 117 |
Filed: 7/1/2004, Entered: 7/1/2004, Terminated: 7/27/2004 |
Motion to Compel |
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MOTION to Compel by The Black & Decker Corporation. Responses due by 7/19/2004 (Attachments: # (1) Defendant's Opposition# (2) L.R. 104.7 Certificate)(Ferguson, Laura)
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| 116 |
Filed: 6/30/2004, Entered: 6/30/2004, Terminated: 7/6/2004 |
Motion for Extension of Time to File Response/Repl |
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MOTION for Extension of Time to File Response/Reply as to [109] MOTION for Summary Judgment on Plaintiff's Affirmative Defenses by The Black & Decker Corporation. Responses due by 7/19/2004 (Karter, Philip)
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| 115 |
Filed: 6/28/2004, Entered: 6/28/2004 |
Order on Motion for Protective Order |
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ORDER denying [111] Motion of United States for Protective Order. Signed by Judge Beth P. Gesner on 6/28/04. (jnl, Deputy Clerk)
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| 114 |
Filed: 6/25/2004, Entered: 6/25/2004 |
Notice of service of motion to compel discovery |
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NOTICE of service of motion to compel discovery by The Black & Decker Corporation (Attachments: # (1) Motion to Compel# (2) Notice of Correction to CM/ECF Filing)(Karter, Philip)
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| -- |
Filed: 6/25/2004, Entered: 6/25/2004 |
Remark |
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The link to DOCUMENT #113 has been reset so that non-court users may not access it and the docket text has been modified to indicate that it was filed in error. (eg, Deputy Clerk)
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| 113 |
Filed: 6/24/2004, Entered: 6/24/2004, Terminated: 6/24/2004 |
Motion to Compel |
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MOTION to Compel by The Black & Decker Corporation. Responses due by 7/12/2004 (Karter, Philip) (FILED IN ERROR)
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Request |
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| 112 |
Filed: 6/24/2004, Entered: 6/24/2004 |
Response in Opposition to Motion |
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RESPONSE in Opposition re [111] MOTION for Protective Order filed by The Black & Decker Corporation. Replies due by 7/8/2004. (Karter, Philip)
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| 111 |
Filed: 6/23/2004, Entered: 6/23/2004, Terminated: 6/28/2004 |
Motion for Protective Order |
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MOTION for Protective Order by United States. Responses due by 7/12/2004 (Attachments: # (1) Exhibit A# (2) Affidavit Ng Declaration# (3) Affidavit Harris Declaration# (4) Text of Proposed Order # (5) Certificate of Service)(Cooper, Lindsey)
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| Save 25% on a pre-paid one year subscription. |
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| 110 |
Filed: 6/21/2004, Entered: 6/21/2004 |
Memorandum to Parties |
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MEMORANDUM for Counsel. Signed by Judge Beth P. Gesner on 6/21/04. (eg, Deputy Clerk)
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| 109 |
Filed: 6/17/2004, Entered: 6/17/2004, Terminated: 10/21/2004 |
Motion for Summary Judgment |
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MOTION for Summary Judgment on Plaintiff's Affirmative Defenses by United States. Responses due by 7/6/2004 (Attachments: # (1) Affidavit Declaration of Richard Mack# (2) Affidavit Supplemental Declaration of Richard Mack# (3) Affidavit Declaration of Sharon Olson# (4) Affidavit Affidavit of Richard Biel# (5) Exhibit Deposition of Linda Burke# (6) Exhibit Plaintiff's Response to Defendant's Fourth Set of Interrogatories# (7) Exhibit Non Docketed Field Service Advice Review)(Frattarelli, Angelo)
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| 108 |
Filed: 6/17/2004, Entered: 6/17/2004 |
Order on Motion to Appear Pro Hac Vice |
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MARGINAL ORDER granting [107] Motion of plaintiff to Appear Pro Hac Vice the admission of Laura G. Ferguson. Signed by Clerk on 6/16/04. (FOR DOCUMENT #108 SEE DOCUMENT #107) (eg, Deputy Clerk)
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| 107 |
Filed: 6/17/2004, Entered: 6/17/2004, Terminated: 6/17/2004 |
Motion to Appear Pro Hac Vice |
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MOTION to Appear Pro Hac Vice the admission of Laura G. Ferguson by The Black & Decker Corporation. (eg, Deputy Clerk)
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| 106 |
Filed: 6/16/2004, Entered: 6/17/2004 |
Order on Motion for Extension of Time to Complete |
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ORDER granting [103] Motion of plaintiff for Extension of Time to Complete Discovery to 7/30/04. Signed by Judge Beth P. Gesner on 6/16/04. (eg, Deputy Clerk)
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| 105 |
Filed: 6/15/2004, Entered: 6/15/2004 |
Memorandum to Parties |
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MEMORANDUM FOR COUNSEL. Signed by Judge Beth P. Gesner on 6/15/04. (eg, Deputy Clerk)
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| 104 |
Filed: 6/14/2004, Entered: 6/15/2004 |
Transcript |
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TRANSCRIPT of Proceedings (Telephone Conference) held on 5/6/04 before Judge Beth P. Gesner. Transcriber: K. Annette Higgs. (FILED SEPARATELY) (eg, Deputy Clerk)
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Request |
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| 103 |
Filed: 6/14/2004, Entered: 6/14/2004, Terminated: 6/16/2004 |
Motion for Extension of Time to Complete Discovery |
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MOTION for Extension of Time to Complete Discovery and to File Dispositive Motion on Counterclaim and Proposed Order by The Black & Decker Corporation. Responses due by 7/1/2004 (Karter, Philip)
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| 102 |
Filed: 6/14/2004, Entered: 6/14/2004 |
Request for Conference |
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Request for Conference (Attachments: # (1) Exhibit Announcement 2002-2# (2) Exhibit IDR 43 (unannoted and annotated)# (3) Exhibit March 4, 2002 Disclosure Letter# (4) Exhibit April 15, 2002 Letter from Frank Ng# (5) Exhibit July 29, 2002 Letter from Glen DeLoriea# (6) Exhibit August 5, 2002 E-Mail from Linda Burke# (7) Exhibit September 27-30 E-Mails from Diane Camper and David Harris)(Karter, Philip)
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| 101 |
Filed: 6/10/2004, Entered: 6/10/2004 |
Order |
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ORDER SCHEDULING date for hearing on pending motion for summary judgment. Signed by Judge William D Quarles Jr. on 6/10/04. (eg, Deputy Clerk)
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| 100 |
Filed: 6/8/2004, Entered: 6/8/2004 |
Memorandum |
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Memorandum re [71] MOTION for Summary Judgment and Brief in Support - Response to Plaintiff's Supplemental Memorandum Regarding the Application of Section 351 filed by United States. (Frattarelli, Angelo)
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| 99 |
Filed: 6/8/2004, Entered: 6/8/2004 |
Response |
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RESPONSE re [98] Memorandum on the Application of Section 351 filed by The Black & Decker Corporation. (Karter, Philip)
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| 98 |
Filed: 5/27/2004, Entered: 5/27/2004 |
Memorandum |
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Memorandum re [71] MOTION for Summary Judgment and Brief in Support - Supplemental Submission in Response to Order Dated May 6, 2004 filed by United States. (Frattarelli, Angelo)
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| 97 |
Filed: 5/27/2004, Entered: 5/27/2004 |
Memorandum |
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Memorandum re [71] MOTION for Summary Judgment and Brief in Support - Supplemental Memorandum on the Application of Section 351 in Support of Plaintiff's Opposition to Defendant's Motion for Summary Judgment filed by The Black & Decker Corporation. (Karter, Philip)
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| 96 |
Filed: 5/6/2004, Entered: 5/6/2004 |
Order |
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ORDER DIRECTING that each party submit a memorandum no later than 5/27/04; and that each party submit a response in opposition to the other party's memorandum no later than 6/8/04, as therein set forth. Signed by Judge William D Quarles Jr. on 5/6/04. (eg, Deputy Clerk)
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| -- |
Filed: 5/6/2004, Entered: 5/6/2004 |
Telephone Conference |
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Telephone Conference re: Discovery Dispute Hearing held before Judge Beth P. Gesner. (eg, Deputy Clerk)
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| 95 |
Filed: 4/6/2004, Entered: 4/6/2004 |
Response in Opposition to Motion |
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RESPONSE in Opposition re [94] MOTION for Leave to File Limited Surreply to Defendant's Summary Judgment Reply Brief filed by United States. Replies due by 4/20/2004. (Cooper, Lindsey)
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| 94 |
Filed: 4/5/2004, Entered: 4/5/2004, Terminated: 8/3/2004 |
Motion for Leave to File |
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MOTION for Leave to File Limited Surreply to Defendant's Summary Judgment Reply Brief by The Black & Decker Corporation. Responses due by 4/22/2004 (Karter, Philip)
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| 93 |
Filed: 4/1/2004, Entered: 4/1/2004 |
Answer to Amended Complaint |
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ANSWER to Amended Complaint by United States.(Frattarelli, Angelo)
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| 92 |
Filed: 3/29/2004, Entered: 3/29/2004 |
Amended Complaint |
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AMENDED COMPLAINT against United States, and REPLY re [89] COUNTERCLAIM of Untied States, filed by The Black & Decker Corporation. (Attachments: # (1) Exhibit Exhibit 7 - February 23, 2004 Agreement)(Karter, Philip)
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| 91 |
Filed: 3/16/2004, Entered: 3/16/2004 |
Substantive legal issues - addressing |
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Substantive legal issues - addressing (Attachments: # (1) Proposed Exhibit 24 (Newly Released FSA 199929015))(Karter, Philip)
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| 90 |
Filed: 3/10/2004, Entered: 3/10/2004 |
Reply to Response to Motion |
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REPLY to Response to Motion re [71] MOTION for Summary Judgment and Brief in Support filed by United States. (Attachments: # (1) Appendix Report of Investigation of Enron Corporation# (2) Appendix FSA 200121013# (3) Appendix FSA200122022# (4) Appendix FSA 200134008# (5) Appendix Request for Hearing)(Frattarelli, Angelo)
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| 89 |
Filed: 3/4/2004, Entered: 3/4/2004 |
Counterclaim |
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COUNTERCLAIM against The Black & Decker Corporation, filed by United States.(Cooper, Lindsey)
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| 88 |
Filed: 2/26/2004, Entered: 2/26/2004 |
Order on Motion for Extension of Time |
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Paperless ORDER granting [87]Unopposed Motion for Extension of Time until March 29, 2004 to File Counterclaim. Signed by Judge William D Quarles Jr. on February 26, 2004. (Quarles, William)
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| 87 |
Filed: 2/26/2004, Entered: 2/26/2004, Terminated: 2/26/2004 |
Motion for Extension of Time |
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MOTION for Extension of Time to File Counterclaim by United States. Responses due by 3/15/2004 (Frattarelli, Angelo)
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| 86 |
Filed: 2/25/2004, Entered: 2/25/2004 |
Response to Motion |
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RESPONSE to Motion re [71] MOTION for Summary Judgment and Brief in Support filed by The Black & Decker Corporation. Replies due by 3/10/2004. (Attachments: # (1) Request for Oral Argument# (2) Exhibit Plf. Exhibit 1 - Affidavit of Raymond J. Brusca# (3) Exhibit Plf. Exhibit 2 - BDHMI Income Statement Details# (4) Exhibit Plf. Exhibit 3 - BDHMI Board Minutes# (5) Exhibit Plf. Exhibit 4 - Fenton Deposition Excerpt# (6) Exhibit Plf. Exhibit 5 - Anderson Deposition Excerpt# (7) Exhibit Plf. Exhibit 6 - Brusca Deposition# (8) Exhibit Plf. Exhibit 7 - Jensen Deposition Excerpt# (9) Exhibit Plf. Exhibit 8 - Loan Agreements# (10) Exhibit Plf. Exhibit 9 - Fitzpatrick Deposition Excerpt# (11) Exhibit Plf. Exhibit 10 - Hirschey Deposition Excerpt# (12) Exhibit Plf. Exhibit 11 - Hart Deposition Excerpt# (13) Exhibit Plf. Exhibit 12 - BDHMI Board Minutes# (14) Exhibit Plf. Exhibit 13 - Response to Statement of "Undisputed" Facts# (15) Exhibit Plf. Exhibit 14 - Rizzo Report Excerpt# (16) Exhibit Plf. Exhibit 15 - Anderson Report Excerpt# (17) Exhibit Plf. Exhibit 16 - Ritzenthaler Deposition Excerpt# (18) Exhibit Plf. Exhibit 17 - S. Rep. No. 95-1263 Excerpt# (19) Exhibit Plf. Exhibit 18 - General Explanation of Revenue Act of 1978 Excerpt# (20) Exhibit Plf. Exhibit 19 - S. Rep. No. 96-498 Excerpt# (21) Exhibit Plf. Exhibit 20 - Rev. Rul. 95-74# (22) Exhibit Plf. Exhibit 21 - PLR 9343011# (23) Exhibit Plf. Exhibit 22 - FSA 199905008# (24) Exhibit Plf. Exhibit 23 - FSA 199929015# (25) Exhibit Plf. Exhibit 24 - Woods v. United States# (26) Exhibit Plf. Exhibit 25 - Pulsar Components Int?l, Inc. v. Comm?r.# (27) INDEX OF EXHIBITS)(Karter, Philip) (rec'd paper document 2/26/04 and forwarded it to Chambers)
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| 85 |
Filed: 2/20/2004, Entered: 2/20/2004 |
Order on Motion for Extension of Time |
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Paperless ORDER granting [84]Plaintiff's Motion for Extension of Time until February 25, 2004 to file a response. Signed by Judge William D Quarles Jr. on February 20, 2004. (Quarles, William)
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| 84 |
Filed: 2/20/2004, Entered: 2/20/2004, Terminated: 2/20/2004 |
Motion for Extension of Time |
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MOTION for Extension of Time To Respond to Defendant's Motion for Summary Judgment to Take into Account Ruling of Magistrate Judge on Motion for Reconsideration by The Black & Decker Corporation. Responses due by 3/8/2004 (Karter, Philip)
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| 83 |
Filed: 2/19/2004, Entered: 2/20/2004 |
Order on Motion to Compel |
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MEMORANDUM AND ORDER granting [62] Motion for Reconsideration re [58] Order granting Motion of defendant to Compel Return of Confidential Identifying Information, as therein set forth. Signed by Judge Beth P. Gesner on 2/19/04. (eg, Deputy Clerk)
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| 82 |
Filed: 2/10/2004, Entered: 2/10/2004 |
Order on Motion for Extension of Time |
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Paperless ORDER granting [81]Plaintiff's Motion for Extension of Time until February 23, 2004 to respond to defendant's motion for summary judgment. Signed by Judge William D Quarles Jr. on February 10, 2004. (Quarles, William)
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| 81 |
Filed: 2/9/2004, Entered: 2/9/2004, Terminated: 2/10/2004 |
Motion for Extension of Time |
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Second MOTION for Extension of Time by The Black & Decker Corporation. Responses due by 2/26/2004 (Karter, Philip)
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| 80 |
Filed: 2/2/2004, Entered: 2/2/2004 |
Response |
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REPLY to [77] United States' Supplemental response to plaintiff's motion for reconsideration of order granting defendant's motion to compel return of confidential indentifying information filed by The Black & Decker Corporation. (jnl, Deputy Clerk)
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| 79 |
Filed: 2/2/2004, Entered: 2/2/2004 |
Order on Motion For Leave to File. |
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MARGINAL ORDER granting [78] Motion of plaintiff for Leave to File reply to United States' supplemental response to plaintiff's motion for reconsideration. Signed by Judge Beth P. Gesner on 2/2/04. (jnl, Deputy Clerk)
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| 78 |
Filed: 1/30/2004, Entered: 1/30/2004, Terminated: 2/2/2004 |
Motion for Leave to File |
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MOTION for Leave to File Reply to United States' Supplemental Response to Plaintiff's Motion for Reconsideration by The Black & Decker Corporation. Responses due by 2/17/2004 (Karter, Philip)
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| 77 |
Filed: 1/26/2004, Entered: 1/26/2004 |
Response |
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RESPONSE re [62] MOTION for Reconsideration re [58] Order Granting Defendant's Motion to Compel Return of Confidential Identifying Information, [70] Reply to Response to Motion, [66] Response to Motion, [76] Order United States' Supplemental Response to Plaintiff's Motion for Reconsideration filed by United States. (Attachments: # (1) Exhibit Declaration)(Cooper, Lindsey)
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| 76 |
Filed: 1/20/2004, Entered: 1/20/2004 |
Order |
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ORDER DIRECTING that defendant file on or before 1/26/04, a supplemental pleading which addresses each and every substantive argument raised by plaintiff, as therein set forth. Signed by Judge Beth P. Gesner on 1/20/04. (eg, Deputy Clerk)
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| 75 |
Filed: 1/13/2004, Entered: 1/14/2004 |
Order on Motion in Limine |
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MARGINAL ORDER denying [61] Motion of plaintiff in Limine to Exclude the proposed Expert Testimony of Paul R. McDaniel. Signed by Judge William D Quarles Jr. on 1/13/04. (eg, Deputy Clerk)
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| 74 |
Filed: 1/9/2004, Entered: 1/9/2004 |
Order on Motion for Extension of Time to File Resp |
|
Paperless ORDER granting in part and denying in part [72]Plaintiff's Motion for Extension of Time. Motion is granted in that it seeks an extension until February 16, 2004 to file a response to defendant's motion for summary judgment and denied as to the request for an extension until after the Magistrate Judge rules on the pending motion for reconsideration.. Signed by Judge William D Quarles Jr. on January 9, 2004. (Quarles, William)
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| 73 |
Filed: 1/8/2004, Entered: 1/8/2004 |
Response to Motion |
|
RESPONSE to Motion re [72] MOTION for Extension of Time to File Response/Reply filed by United States. Replies due by 1/22/2004. (Frattarelli, Angelo)
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| 72 |
Filed: 1/8/2004, Entered: 1/8/2004, Terminated: 1/9/2004 |
Motion for Extension of Time to File Response/Repl |
|
MOTION for Extension of Time to File Response/Reply by The Black & Decker Corporation. Responses due by 1/26/2004 (Karter, Philip)
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| 71 |
Filed: 12/30/2003, Entered: 12/30/2003, Terminated: 8/3/2004 |
Motion for Summary Judgment |
|
MOTION for Summary Judgment and Brief in Support by United States. Responses due by 1/16/2004 (Attachments: # (1) Text of Proposed Order # (2) Appendix Def. Exhibit 1 - BDHMI Tax Opinion# (3) Appendix Def. Exhibit 2 - Accelerating Contingent Liabilities Deductions# (4) Appendix Def. Exhibit 3 - Black & Decker controller's memo# (5) Appendix Def. Exhibit 4 - Ernst & Young memo# (6) Appendix Def. Exhibit 5 - BDHMI Flows# (7) Appendix Def. Exhibit 6 - Adams deposition# (8) Appendix Pogash deposition# (9) Appendix Def. Exhibit 8 - Mercer memo re: BDHMI# (10) Appendix Mercer Fee Determination Worksheet# (11) Appendix Def. Exhibit 10 - Habliston notes dated July 9, 1998# (12) Appendix Def. Exhibit 11 - Habliston deposition# (13) Appendix Def. Exhibit 12 - Fitzpatrick e-mail dated October 16, 1998# (14) Appendix Def. Exhibit 13 - Habliston notes dated July 23, 1998# (15) Appendix Def. Exhibit 14 - Exchange Agreement# (16) Appendix Def. Exhibit 15 - Stockholders Agreement# (17) Appendix Def. Exhibit 16 - Brusca deposition)(Frattarelli, Angelo)
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| 70 |
Filed: 12/28/2003, Entered: 12/28/2003 |
Reply to Response to Motion |
|
REPLY to Response to Motion re [62] MOTION for Reconsideration re [58] Order Granting Defendant's Motion to Compel Return of Confidential Identifying Information filed by The Black & Decker Corporation. (Karter, Philip)
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| 69 |
Filed: 12/22/2003, Entered: 12/22/2003 |
Reply to Response to Motion |
|
REPLY to Response to Motion re [61] MOTION in Limine To Exclude the Proposed Expert Testimony of Paul R. McDaniel filed by The Black & Decker Corporation. (Karter, Philip)
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| 68 |
Filed: 12/22/2003, Entered: 12/22/2003 |
Order |
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ORDER APPROVING [67] Joint Stipulation, modifying the Scheduling Order filed by United States, The Black & Decker Corporation. Signed by Judge William D Quarles Jr. on 12/22/03. (eg, Deputy Clerk)
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| 67 |
Filed: 12/19/2003, Entered: 12/19/2003 |
Stipulation |
|
STIPULATION and Proposed Order re Scheduling Order by The Black & Decker Corporation, United States. (Karter, Philip)
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| 66 |
Filed: 12/15/2003, Entered: 12/15/2003 |
Response to Motion |
|
RESPONSE to Motion re [62] MOTION for Reconsideration re [58] Order Granting Defendant's Motion to Compel Return of Confidential Identifying Information filed by United States. Replies due by 12/29/2003. (Cooper, Lindsey)
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| 65 |
Filed: 12/12/2003, Entered: 12/12/2003 |
~Notice (other) |
|
NOTICE by The Black & Decker Corporation of Intention to Serve Motion to Compel (Karter, Philip)
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| 64 |
Filed: 12/8/2003, Entered: 12/8/2003 |
Response in Opposition to Motion |
|
RESPONSE in Opposition re [61] MOTION in Limine To Exclude the Proposed Expert Testimony of Paul R. McDaniel filed by United States. Replies due by 12/22/2003. (Attachments: # (1) Exhibit BDHMI Transaction Index# (2) Exhibit BDHMI Cash-flows)(Frattarelli, Angelo)
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| 63 |
Filed: 12/2/2003, Entered: 12/2/2003 |
Order |
|
PAPERLESS ORDER Counsel for The Black & Decker Corporation have e-filed document number 61 which, with attachments, exceeds 15 pages in length. Counsel have not submitted a paper copy of that document as required by the court's CM/ECF instructions. Counsel are directed to do so immediately by mailing or hand-delivering to chambers a paper copy of the document, together with a notice that the document has been e-filed.. Signed by Judge William D Quarles Jr. on 12/02/2003. (Quarles, William)
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| 62 |
Filed: 11/26/2003, Entered: 11/26/2003, Terminated: 2/19/2004 |
Motion for Reconsideration |
|
MOTION for Reconsideration re [58] Order Granting Defendant's Motion to Compel Return of Confidential Identifying Information by The Black & Decker Corporation. Responses due by 12/16/2003 (Karter, Philip)
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| 61 |
Filed: 11/21/2003, Entered: 11/21/2003, Terminated: 1/13/2004 |
Motion in Limine |
|
MOTION in Limine To Exclude the Proposed Expert Testimony of Paul R. McDaniel by The Black & Decker Corporation. Responses due by 12/8/2003 (Attachments: # (1) Appendix Report of Paul R. McDaniel# (2) Appendix Engagement Contract# (3) Appendix Fee Statement# (4) Appendix Deposition Transcript of Paul R. McDaniel)(Karter, Philip)
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| 60 |
Filed: 11/18/2003, Entered: 11/18/2003 |
Order |
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MARGINAL ORDER APPROVING [59] Correspondence requesting stay filed by plaintiff's counsel. Signed by Judge Beth P. Gesner on 11/18/03. (eg, Deputy Clerk)
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| 59 |
Filed: 11/17/2003, Entered: 11/17/2003 |
Miscellaneous Correspondence |
|
Correspondence re: Intention to File Motion to Reconsider (Karter, Philip)
|
|
|
|
|
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| 58 |
Filed: 11/13/2003, Entered: 11/13/2003 |
Order |
|
ORDER DIRECTING that counsel for plaintiff return all copies of FSA 199929015 to counsel for defendant within five (5) days of this Order, as therein set forth. Signed by Judge Beth P. Gesner on 11/13/03. (eg, Deputy Clerk)
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| 57 |
Filed: 11/3/2003, Entered: 11/4/2003 |
Order |
|
ORDER DIRECTING that the Defendant's Objection to the court's Memorandum and Order denying defendant's Motion to Compel is OVERRULED. Signed by Judge William D Quarles Jr. on 11/3/03. (eg, Deputy Clerk)
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| 56 |
Filed: 10/15/2003, Entered: 10/15/2003 |
Reply to Response to Motion |
|
REPLY to Response to Motion re [50] MOTION to Compel Return of Confidential Identifying Information filed by United States. (Attachments: # (1) Exhibit FSA200121013# (2) Exhibit FSA200122022# (3) Exhibit FSA200134008)(Frattarelli, Angelo)
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| 55 |
Filed: 10/15/2003, Entered: 10/15/2003 |
Remark |
|
Sealed Document (FILED SEPARATELY UNDER SEAL) (eg, Deputy Clerk) Additional attachment(s) added on 10/15/2003 (eg, Deputy Clerk).
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| 54 |
Filed: 10/13/2003, Entered: 10/13/2003 |
Response |
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RESPONSE re [52] Appeal of Magistrate Judge Decision to District Court Denying Defendant's Motion to Compel, filed by The Black & Decker Corporation. (Karter, Philip)
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|
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| 53 |
Filed: 10/2/2003, Entered: 10/2/2003 |
Response in Opposition to Motion |
|
RESPONSE in Opposition re [50] MOTION to Compel Return of Confidential Identifying Information filed by The Black & Decker Corporation. Replies due by 10/16/2003. (Karter, Philip)
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| 52 |
Filed: 9/29/2003, Entered: 9/29/2003, Terminated: 3/29/2006 |
Appeal of Magistrate Judge Decision to District Co |
|
APPEAL OF MAGISTRATE JUDGE DECISION to District Court by United States re [51] Order on Motion to Compel (Frattarelli, Angelo)
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| 51 |
Filed: 9/15/2003, Entered: 9/15/2003 |
Order on Motion to Compel |
|
MEMORANDUM AND ORDER denying [25] Motion of defendant to Compel. Signed by Judge Beth P. Gesner on 9/15/03. (eg, Deputy Clerk)
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|
|
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| 50 |
Filed: 9/15/2003, Entered: 9/15/2003, Terminated: 2/19/2004 |
Motion to Compel |
|
MOTION to Compel Return of Confidential Identifying Information by United States. Responses due by 10/2/2003 (Attachments: # (1) Affidavit of Angelo A. Frattarelli)(Frattarelli, Angelo)
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| 49 |
Filed: 9/4/2003, Entered: 9/5/2003 |
Order |
|
ORDER APPROVING [48] Stipulation filed by United States, The Black & Decker Corporation. Signed by Judge William D Quarles Jr. on 9/4/03. (eg, Deputy Clerk)
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| 48 |
Filed: 9/4/2003, Entered: 9/4/2003 |
Stipulation |
|
STIPULATION Re Rebuttal Experts by The Black & Decker Corporation, United States. (Karter, Philip)
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| 47 |
Filed: 8/25/2003, Entered: 8/25/2003 |
Response in Opposition to Motion |
|
RESPONSE in Opposition to Defendant's Motion to Compel Production of Documents filed by The Black & Decker Corporation. Replies due by 9/8/2003. (Attachments: # (1) Exhibit A)(McCann, John)
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| 46 |
Filed: 8/25/2003, Entered: 8/25/2003 |
Memorandum |
|
Memorandum re [25] MOTION to Compel pursuant to Court's instructions of August 20, 2003 filed by United States. (Attachments: # (1) Appendix Treas. Reg. 1.6664-4(c))(Frattarelli, Angelo)
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| 45 |
Filed: 8/21/2003, Entered: 8/21/2003 |
Memorandum to Parties |
|
MEMORANDUM FOR COUNSEL, requesting supplemental briefs by the close of business on Monday 8/25/03 as therein set forth. Signed by Judge Beth P. Gesner on 8/20/03. (eg, Deputy Clerk)
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| 44 |
Filed: 8/14/2003, Entered: 8/14/2003 |
Order |
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ORDER SETTING date for a telephone conference. Signed by Judge Beth P. Gesner on 8/14/03. (eg, Deputy Clerk)
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| 43 |
Filed: 8/6/2003, Entered: 8/6/2003 |
Order |
|
PAPERLESS ORDER re [42] GRANTING Stipulation filed by United States, The Black & Decker Corporation. Signed by Judge William D Quarles Jr. on 8/6/2003. (Quarles, William)
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| 42 |
Filed: 8/6/2003, Entered: 8/6/2003 |
Stipulation |
|
STIPULATION and Proposed Order by The Black & Decker Corporation, United States. (Karter, Philip)
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|
|
|
|
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| 41 |
Filed: 8/5/2003, Entered: 8/5/2003 |
Response |
|
RESPONSE re [38] Memorandum - Response to Defendant's Supplemental Submission In Support of Motion to Compel filed by The Black & Decker Corporation. (Karter, Philip)
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| 40 |
Filed: 7/29/2003, Entered: 7/29/2003 |
Order |
|
ORDER DIRECTING that based on the telephone request, plaintiff may have until 8/8/03 to respond to defendant's supplemental submission. Signed by Judge Beth P. Gesner on 7/29/03. (eg, Deputy Clerk)
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| 39 |
Filed: 7/25/2003, Entered: 7/25/2003 |
Transcript |
|
TRANSCRIPT of (Telephone Conference) Proceedings held on 7/1/03 before Judge Beth P. Gesner. Transcriber K. Annette Higgs, Transcription Company: CompuScribe, 9537 Elvis Lane, Seabrook Maryland 20706 (301/577-5882) (FILED SEPARATELY) (eg, Deputy Clerk)
|
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Request |
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| 38 |
Filed: 7/24/2003, Entered: 7/24/2003 |
Memorandum |
|
Supplemental Submission in support re [25] MOTION to Compel filed by United States. (Attachments: # (1))(Frattarelli, Angelo) Modified on 7/24/2003 (eg, Deputy Clerk).
|
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| 37 |
Filed: 7/9/2003, Entered: 7/9/2003 |
Order |
|
ORDER SETTING date for trial, as therein set forth. Signed by Judge William D Quarles Jr. on 7/9/03. (eg, Deputy Clerk)
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| -- |
Filed: 7/9/2003, Entered: 8/26/2003 |
Telephone Conference |
|
Telephone Conference held before Judge William D Quarles Jr.. (rhl, Deputy Clerk)
|
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| 36 |
Filed: 7/3/2003, Entered: 7/3/2003 |
Order on Motion to Compel |
|
ORDER granting [33] Motion to Compel, as therein set forth.. Signed by Judge Beth P. Gesner on 7/3/03. (eg, Deputy Clerk)
|
|
|
|
|
|
| 35 |
Filed: 7/2/2003, Entered: 7/2/2003 |
Response in Opposition to Motion |
|
LETTER RESPONSE in Opposition by David Barmak (dated 6/10/03) re [33] MOTION to Compel and attachments. (rec'd 6/11/03 in MAG J. Gesner's Chambers) (eg, Deputy Clerk).
|
|
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| 34 |
Filed: 7/2/2003, Entered: 7/2/2003 |
Response in Opposition to Motion |
|
LETTER RESPONSE in Opposition (dated 6/10/03) re [33] MOTION to Compel filed by The Black & Decker Corporation. (rec'd 6/10/03 in MAG J. Gesner's Chambers) (eg, Deputy Clerk).
|
|
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| 33 |
Filed: 7/2/2003, Entered: 7/2/2003, Terminated: 7/3/2003 |
Motion to Compel |
|
LETTER MOTION (dated 6/2/03) to Compel by United States. (rec'd 6/3/03 in MAG J. Gesner's Chambers)(eg, Deputy Clerk)
|
|
|
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| 32 |
Filed: 7/1/2003, Entered: 7/2/2003 |
Order |
|
ORDER granting [31] Joint Stipulation filed by United States, The Black & Decker Corporation, as therein set forth.. Signed by Judge William D Quarles Jr. on 6/30/03. (eg, Deputy Clerk)
|
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|
|
|
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| -- |
Filed: 7/1/2003, Entered: 7/14/2003 |
Telephone Conference |
|
Telephone Conference re: Discovery Dispute Hearing held before Judge Beth P. Gesner. (eg, Deputy Clerk)
|
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|
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| 31 |
Filed: 6/26/2003, Entered: 6/26/2003, Terminated: 7/1/2003 |
Stipulation |
|
STIPULATION and Proposed Order and Joint Request for Rule 16 Conference by The Black & Decker Corporation, United States. (Karter, Philip)
|
|
|
|
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| 30 |
Filed: 6/24/2003, Entered: 6/24/2003 |
Order |
|
ORDER RESCHEDULING the telephone conference, as therein set forth.. Signed by Judge Beth P. Gesner on 6/24/03. (eg, Deputy Clerk)
|
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|
|
|
|
| 29 |
Filed: 6/23/2003, Entered: 6/24/2003 |
Order |
|
ORDER SETTING date for a telephone conference, as therein set forth.. Signed by Judge Beth P. Gesner on 6/23/03. (eg, Deputy Clerk)
|
|
|
|
|
|
| 28 |
Filed: 6/23/2003, Entered: 6/24/2003 |
Order |
|
ORDER SETTING date for a telephone conference, as therein set forth.. Signed by Judge Beth P. Gesner on 6/23/03. (eg, Deputy Clerk) Modified on 6/24/2003 (eg, Deputy Clerk). (Refiled see document #29) Modified on 6/24/2003 (eg, Deputy Clerk).
|
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| 27 |
Filed: 5/14/2003, Entered: 5/14/2003 |
Order Referring Case to Magistrate Judge |
|
ORDER REFERRING CASE to Magistrate Judge Beth P. Gesner for all discovery disputes. Signed by Judge William D Quarles Jr. on 5/14/03. (jnl, Deputy Clerk)
|
|
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| 26 |
Filed: 5/13/2003, Entered: 5/13/2003 |
Reply to Response to Motion |
|
REPLY to Response to Motion re [25] MOTION to Compel filed by United States. (Frattarelli, Angelo)
|
|
|
|
|
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| 25 |
Filed: 5/13/2003, Entered: 5/13/2003, Terminated: 9/15/2003 |
Motion to Compel |
|
MOTION to Compel by United States. Responses due by 5/30/2003 (Attachments: # (1) Defendant's Exhibit 1# (2) Defendant's Exhibit 2a# (3) Defendant's Exhibit 2b# (4) Defendant's Exhibit 3# (5) Defendant's Exhibit 4# (6) efendant's Exhibit 5# (7) Declaration of Angelo A. Frattarelli# (8) Decl. Exhibit 1)(Frattarelli, Angelo)
|
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| 24 |
Filed: 5/7/2003, Entered: 5/7/2003 |
Notice of service of response to motion to compel |
|
NOTICE of service of response to motion to compel discovery by The Black & Decker Corporation (Attachments: # (1) Plaintiff's Brief in Opposition to Motion to Compel)(Karter, Philip)
|
|
|
|
|
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| 23 |
Filed: 4/14/2003, Entered: 4/14/2003 |
~Notice (other) |
|
NOTICE by United States of Motion to Compel (Frattarelli, Angelo)
|
|
|
|
|
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| 22 |
Filed: 4/4/2003, Entered: 4/4/2003 |
Miscellaneous Correspondence |
|
Correspondence re: Reassignment Letter to parties (eg, Deputy Clerk)
|
|
|
|
|
|
| 21 |
Filed: 4/4/2003, Entered: 4/4/2003 |
Notice of Appearance |
|
NOTICE of Appearance by Angelo A Frattarelli on behalf of United States (Frattarelli, Angelo)
|
|
|
|
|
|
| -- |
Filed: 4/1/2003, Entered: 4/10/2003 |
Case Assigned/Reassigned |
|
Case reassigned to Judge William D Quarles. Judge Frederic N. Smalkin no longer assigned to the case. (cag, Deputy Clerk)
|
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|
|
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| 20 |
Filed: 3/17/2003, Entered: 3/17/2003 |
Order |
|
PAPERLESS ORDER APPROVING joint stipulation to extend discovery schedule re [19] Stipulation filed by United States, The Black & Decker Corporation. Signed by Judge Frederic N. Smalkin on 03/17/2003. (Smalkin, Frederic)
|
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| 19 |
Filed: 3/16/2003, Entered: 3/16/2003 |
Stipulation |
|
STIPULATION re [16] Scheduling Order Regarding Experts by The Black & Decker Corporation, United States. (Karter, Philip)
|
|
|
|
|
|
| 18 |
Filed: 12/11/2002, Entered: 12/11/2002 |
Order |
|
ORDER granting [17-1] stipulation of parties to Extend deadline for plaintiff to produce expert reports ( signed by Chief Judge Frederic N. Smalkin 12/11/02) (c/m 12/11/02 skp) (eg, Deputy Clerk)
|
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|
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| 17 |
Filed: 12/11/2002, Entered: 12/11/2002, Terminated: 12/11/2002 |
Motion for Extension of Time |
|
STIPULATION by Black & Decker, United States to Extend deadline for plaintiff to produce expert reports (eg, Deputy Clerk)
|
|
|
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| 16 |
Filed: 9/30/2002, Entered: 10/1/2002 |
Scheduling Order |
|
AMENDED SCHEDULING ORDER (signed by Chief Judge Frederic N. Smalkin 9/30/02) (c/m 9/30/02 skp) (eg, Deputy Clerk)
|
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| 15 |
Filed: 9/30/2002, Entered: 10/1/2002 |
Correspondence |
|
CORRESPONDENCE of 9/27/02 by United States re: Scheduling Order (eg, Deputy Clerk)
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| Save 25% on a pre-paid one year subscription. |
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| 14 |
Filed: 9/30/2002, Entered: 10/1/2002 |
Correspondence |
|
CORRESPONDENCE of 9/25/02 by Black & Decker re: Scheduling Order (eg, Deputy Clerk)
|
|
|
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| 13 |
Filed: 9/23/2002, Entered: 9/23/2002 |
Scheduling Order |
|
SCHEDULING ORDER (signed by Chief Judge Frederic N. Smalkin 9/23/02) (c/m 9/23/02 skp) (eg, Deputy Clerk)
|
|
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|
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| 12 |
Filed: 9/23/2002, Entered: 9/23/2002 |
Answer |
|
ANSWER to Complaint by United States (Attorney Thomas M DiBiagio) (c/s) (eg, Deputy Clerk)
|
|
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|
|
| 11 |
Filed: 9/10/2002, Entered: 9/10/2002 |
Order |
|
ORDER denying [8-1] motion of USA to Dismiss, denying [8-2] motion of USA to suspend proceedings ( signed by Chief Judge Frederic N. Smalkin 9/10/02) (c/m 9/10/02 neg) (eg, Deputy Clerk)
|
|
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| 10 |
Filed: 9/10/2002, Entered: 9/10/2002 |
Reply to Response to Motion |
|
REPLY by United States to plaintiff's brief in opposition to its [8-1] motion to Dismiss and its [8-2] motion to suspend proceedings and attachments (c/s) (eg, Deputy Clerk)
|
|
|
|
|
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| 9 |
Filed: 9/5/2002, Entered: 9/5/2002 |
Response in Opposition |
|
BRIEF by Black & Decker in opposition to [8-1] motion to Dismiss by United States, [8-2] motion to suspend proceedings by United States and Exhibit A (c/s) (eg, Deputy Clerk)
|
|
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|
|
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| 8 |
Filed: 8/26/2002, Entered: 8/26/2002, Terminated: 9/10/2002 |
Motion to Dismiss |
|
MOTION by United States to Dismiss , or, in the alternative to suspend proceedings and Declaration of Richard Mack and attachments (c/s) (eg, Deputy Clerk)
|
|
|
|
|
|
| 7 |
Filed: 8/15/2002, Entered: 8/15/2002, Terminated: 8/15/2002 |
Order |
|
ORDER granting [7-1] motion of plaintiff for Harry Pogash to Appear Pro Hac Vice (fee pd) ( signed by Clerk 8/15/02) (c/i 8/15/02) (jnl, Deputy Clerk)
|
|
Request |
|
|
|
| 7 |
Filed: 8/15/2002, Entered: 8/15/2002, Terminated: 8/15/2002 |
Motion to Appear Pro Hac Vice |
|
MOTION by Black & Decker for Harry Pogash to Appear Pro Hac Vice (jnl, Deputy Clerk)
|
|
|
|
|
|
| 6 |
Filed: 7/3/2002, Entered: 7/3/2002 |
Summons Returned Executed |
|
RETURN OF SERVICE of The Honorable Charles O. Rossotti, Commissioner of IRS executed 6/24/02 (eg, Deputy Clerk)
|
|
|
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| 5 |
Filed: 7/3/2002, Entered: 7/3/2002 |
Summons Returned Executed |
|
RETURN OF SERVICE executed as to United States 6/24/02 Answer due on 8/26/02 (eg, Deputy Clerk)
|
|
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| 4 |
Filed: 7/1/2002, Entered: 7/1/2002 |
Summons Returned Executed |
|
RETURN OF SERVICE executed as to United States 6/26/02 Answer due on 8/26/02 for United States (slf, Deputy Clerk)
|
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|
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| 3 |
Filed: 6/28/2002, Entered: 6/28/2002 |
Local Rule |
|
Local Rule 103.3 Certification by Black & Decker. (c/s) (jlb, Deputy Clerk)
|
|
|
|
|
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| 2 |
Filed: 6/21/2002, Entered: 6/21/2002 |
Summons Issued |
|
SUMMONS(ES) (60 days) issued for United States of America. (nrm, Deputy Clerk)
|
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|
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| 1 |
Filed: 6/19/2002, Entered: 6/21/2002 |
Complaint |
|
COMPLAINT and Exhibits 1 thru 6 filed; FILING FEE $ 150.00 RECEIPT # 1186317 (nrm, Deputy Clerk)
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