| Save 25% on a pre-paid one year subscription. |
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74 |
Filed: 9/25/2018, Entered: 9/25/2018 |
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STIPULATION of Dismissal with Prejudice by CSX Transportation Inc.. (Frey, Timothy)
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Request |
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73 |
Filed: 9/4/2018, Entered: 9/4/2018 |
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Judge Rya W. Zobel: ORDER entered. 30 DAY ORDER DISMISSING CASE(Urso, Lisa)
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Request |
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72 |
Filed: 7/2/2018, Entered: 7/3/2018 |
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Judge Rya W. Zobel: ENDORSED ORDER entered denying 64 Motion for Reconsideration ; granting 67 Motion for Leave to File Document ; granting 71 Motion for Leave to File Document (Urso, Lisa) Modified on 7/3/2018 (Urso, Lisa).
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71 |
Filed: 5/30/2018, Entered: 5/30/2018 |
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MOTION for Leave to File Sur-Reply in Opposition to Ken's Foods, Inc.'s Motion to Reconsider the Cross-Motions for Summary Judgment and the Court's Memorandum of Decision and Order Granting CSX's Motion (Unopposed) by CSX Transportation Inc.. (Attachments: # 1 Exhibit A - Proposed Sur-Reply)(Frey, Timothy)
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Request |
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70 |
Filed: 5/30/2018, Entered: 5/30/2018 |
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STATUS REPORT (JOINT) by CSX Transportation Inc.. (Frey, Timothy)
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Request |
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69 |
Filed: 5/16/2018, Entered: 5/16/2018 |
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Electronic Clerk's Notes for proceedings held before Judge Rya W. Zobel: Status Conference held on 5/16/2018, Judge suggests to counsel that they try and settle and report back to the court; ( Status Report due by 5/30/2018). (Court Reporter: No Court Reporter Used.)(Attorneys present: Coehn, Green & Mittelman) (Urso, Lisa)
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68 |
Filed: 5/15/2018, Entered: 5/15/2018 |
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Set/Reset Hearings: Status Conference set for 5/16/2018 02:00 PM in Courtroom 12 before Judge Rya W. Zobel. (time change only) (Urso, Lisa)
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67 |
Filed: 5/14/2018, Entered: 5/14/2018 |
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MOTION for Leave to File Reply in Support of Motion for Reconsideration by Ken's Foods, Inc.. (Attachments: # 1 Exhibit 1 (Reply Brief))(Mittelman, Laura)
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Request |
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66 |
Filed: 5/9/2018, Entered: 5/9/2018 |
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MEMORANDUM in Opposition re 64 MOTION for Reconsideration of the Cross Motions for Summary Judgment [35, 41] and the Court's Memorandum of Decision and Order 62 filed by CSX Transportation Inc.. (Frey, Timothy)
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Request |
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65 |
Filed: 4/25/2018, Entered: 4/25/2018 |
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MEMORANDUM in Support re 64 MOTION for Reconsideration of the Cross Motions for Summary Judgment [35, 41] and the Court's Memorandum of Decision and Order 62 filed by Ken's Foods, Inc.. (Mittelman, Laura)
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Request |
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64 |
Filed: 4/25/2018, Entered: 4/25/2018 |
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MOTION for Reconsideration of the Cross Motions for Summary Judgment [35, 41] and the Court's Memorandum of Decision and Order 62 by Ken's Foods, Inc..(Mittelman, Laura)
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Request |
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63 |
Filed: 4/20/2018, Entered: 4/20/2018 |
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Set/Reset Hearings: Status Conference set for 5/16/2018 03:00 PM in Courtroom 12 before Judge Rya W. Zobel. (Gioia, AnaMaria)
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Request |
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62 |
Filed: 4/19/2018, Entered: 4/20/2018 |
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Judge Rya W. Zobel: ORDER entered. MEMORANDUM OF DECISION AND ORDER. Defendant Ken's Foods, Inc.'s Motion for Summary Judgment, Docket # 35 is DENIED. Plaintiff CSX Transportation, Inc.s Motion for Summary Judgment, Docket # 41 is ALLOWED IN PART. Defendant's request to amend its answer to add an affirmative defense regarding plaintiff's failure to mitigate damages, Docket # 48 is DENIED. Plaintiff's Motion to Strike Affidavit of Marie Johnson in Part, Docket # 53 is DENIED.(Gioia, AnaMaria)
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60 |
Filed: 11/3/2017, Entered: 11/3/2017 |
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EXHIBIT 19, 20, and 21 of Affidavit of Lawrence Green [ECF 38] by Ken's Foods, Inc.. (Attachments: # 1 Exhibit 19, # 2 Exhibit 20, # 3 Exhibit 21)(Mittelman, Laura)
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Request |
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61 |
Filed: 11/2/2017, Entered: 11/8/2017 |
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Electronic Clerk's Notes for proceedings held before Judge Rya W. Zobel: denying 39 Motion to Seal; finding as moot 45 Motion for Order; Motion Hearing held on 11/2/2017 re 53 MOTION to Strike 47 Affidavit in Support of Motion filed by CSX Transportation Inc., 35 MOTION for Summary Judgment filed by Ken's Foods, Inc., 41 MOTION for Summary Judgment filed by CSX Transportation Inc.. Judge takes cross motion for s/j & motion to strike under advisement; (Court Reporter: Catherine Handel at hhcatherine2@yahoo.com.)(Attorneys present: Cohen, Green & Mittelman) (Urso, Lisa)
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Request |
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59 |
Filed: 10/27/2017, Entered: 10/27/2017 |
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Statement of Material Facts L.R. 56.1 re 41 MOTION for Summary Judgment (CSX's Response to Ken's Foods' Additional Fact in ECF No. 49) filed by CSX Transportation Inc.. (Frey, Timothy)
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Request |
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58 |
Filed: 10/27/2017, Entered: 10/27/2017 |
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Statement of Material Facts L.R. 56.1 re 35 MOTION for Summary Judgment (Ken's Facts with CSX's Responses, and CSX's Additional Facts with Ken's Responses) filed by Ken's Foods, Inc.. (Mittelman, Laura)
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Request |
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57 |
Filed: 10/27/2017, Entered: 10/27/2017 |
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AFFIDAVIT in Support re 35 MOTION for Summary Judgment filed by Ken's Foods, Inc.. (Attachments: # 1 Exhibit 31)(Mittelman, Laura)
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Request |
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56 |
Filed: 10/27/2017, Entered: 10/27/2017 |
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REPLY to Response to 35 MOTION for Summary Judgment filed by Ken's Foods, Inc.. (Mittelman, Laura)
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Request |
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55 |
Filed: 10/27/2017, Entered: 10/27/2017 |
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MEMORANDUM in Opposition re 53 MOTION to Strike 47 Affidavit in Support of Motion filed by Ken's Foods, Inc.. (Mittelman, Laura)
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Request |
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54 |
Filed: 10/27/2017, Entered: 10/27/2017 |
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REPLY to Response to 41 MOTION for Summary Judgment filed by CSX Transportation Inc.. (Frey, Timothy)
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Request |
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53 |
Filed: 10/20/2017, Entered: 10/20/2017 |
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MOTION to Strike 47 Affidavit in Support of Motion by CSX Transportation Inc.. (Attachments: # 1 Exhibit A - Defendant Ken's Foods, Inc.'s Initial Disclosures)(Frey, Timothy)
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Request |
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52 |
Filed: 10/20/2017, Entered: 10/20/2017 |
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DECLARATION re 50 Memorandum in Opposition to Motion, 51 Statement of Material Facts L.R. 56.1, by CSX Transportation Inc.. (Attachments: # 1 Exhibit 26 - CSXT 1025 to CSXT 1044, # 2 Exhibit 27 - Second Declaration of Bradley Cabay, # 3 Exhibit 28 - Deposition of Edward Berlin, # 4 Exhibit 29 - Defendant Ken's Foods, Inc.'s Initial Disclosures, # 5 Exhibit 30 - CSXT 1021, # 6 Exhibit 31 - Email Dated May 22, 2017)(Frey, Timothy)
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Request |
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51 |
Filed: 10/20/2017, Entered: 10/20/2017 |
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Statement of Material Facts L.R. 56.1 re 35 MOTION for Summary Judgment (CSX Transportation, Inc.'s Response to Ken's Foods, Inc.'s Statement of Undisputed Material Facts in Support of Its Motion for Summary Judgment and Statement of Additional Undisputed Facts) filed by CSX Transportation Inc.. (Frey, Timothy)
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Request |
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50 |
Filed: 10/20/2017, Entered: 10/20/2017 |
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MEMORANDUM in Opposition re 35 MOTION for Summary Judgment filed by CSX Transportation Inc.. (Frey, Timothy)
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Request |
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49 |
Filed: 10/20/2017, Entered: 10/20/2017 |
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Statement of Material Facts L.R. 56.1 re 41 MOTION for Summary Judgment (Ken's Foods, Inc.'s Responses to CSX Transportation Inc.'s Statement of Facts 43 ) filed by Ken's Foods, Inc.. (Mittelman, Laura)
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Request |
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48 |
Filed: 10/20/2017, Entered: 10/20/2017 |
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MEMORANDUM in Opposition re 41 MOTION for Summary Judgment filed by Ken's Foods, Inc.. (Mittelman, Laura)
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Request |
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47 |
Filed: 10/4/2017, Entered: 10/4/2017 |
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AFFIDAVIT in Support re 35 MOTION for Summary Judgment (by Marie Johnson) filed by Ken's Foods, Inc.. (Mittelman, Laura)
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Request |
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46 |
Filed: 9/29/2017, Entered: 9/29/2017 |
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MEMORANDUM in Support re 45 MOTION for Order to Determine Confidentiality of Court Records filed by CSX Transportation Inc.. (Frey, Timothy)
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Request |
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45 |
Filed: 9/29/2017, Entered: 9/29/2017 |
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MOTION for Order to Determine Confidentiality of Court Records by CSX Transportation Inc..(Frey, Timothy)
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Request |
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44 |
Filed: 9/29/2017, Entered: 9/29/2017 |
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AFFIDAVIT of Timothy L. Frey, Esq. in Support re 41 MOTION for Summary Judgment filed by CSX Transportation Inc.. (Attachments: # 1 Exhibit 1 - Deposition of Lee Gibson, # 2 Exhibit 2 - Deposition of Susan Duffy, # 3 Exhibit 3 - Deposition of Norman Petri, # 4 Exhibit 4 - Deposition of Brandon Clement, # 5 Exhibit 5 - Deposition of David Musson, # 6 Exhibit 6 - Deposition of Bradley Cabay, # 7 Exhibit 7 - Deposition of Robert Yarlott, # 8 Exhibit 8 - Deposition of Roberta Kay Fearrington, # 9 Exhibit 9 - Declaration of Bradley Cabay, # 10 Exhibit 10 - Affidavit of Records Custodian, # 11 Exhibit 11 - CSXT 0001 to CSXT 0002, # 12 Exhibit 12 -Summary of Shipping Documents, # 13 Exhibit 13 - Calculation of Interest, # 14 Exhibit 14 - KENS000077 to KENS000080, # 15 Exhibit 15 - KENS000073 to KENS000076 & KENS000086 to KENS000089, # 16 Exhibit 16 - KENS010108 & TMSPC017, # 17 Exhibit 17 - CSXT 0113, # 18 Exhibit 18 - TMSPC009, # 19 Exhibit 19 - KENS002456 to KENS002458, # 20 Exhibit 20 - TMSPC011 to TMSPC016, # 21 Exhibit 21 - KENS002454 & TMSPC010, # 22 Exhibit 22 - KENS002453, # 23 Exhibit 23 - KENS000001 to KENS000003 & KENS001108 to KENS001110, # 24 Exhibit 24 - CSXT 0912 to CSXT 0925, # 25 Exhibit 25 - CSXT 0940 to CSXT 1020)(Frey, Timothy)
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Request |
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43 |
Filed: 9/29/2017, Entered: 9/29/2017 |
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Statement of Material Facts L.R. 56.1 re 41 MOTION for Summary Judgment filed by CSX Transportation Inc.. (Frey, Timothy)
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Request |
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42 |
Filed: 9/29/2017, Entered: 9/29/2017 |
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MEMORANDUM in Support re 41 MOTION for Summary Judgment filed by CSX Transportation Inc.. (Frey, Timothy)
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Request |
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41 |
Filed: 9/29/2017, Entered: 9/29/2017 |
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MOTION for Summary Judgment by CSX Transportation Inc..(Frey, Timothy)
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Request |
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40 |
Filed: 9/29/2017, Entered: 9/29/2017 |
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MEMORANDUM in Support re 39 MOTION to Seal Exhibits 19, 20, 21 to the Affidavit of Lawrence Green [ECF 38] filed by Ken's Foods, Inc.. (Mittelman, Laura)
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Request |
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39 |
Filed: 9/29/2017, Entered: 9/29/2017 |
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MOTION to Seal Exhibits 19, 20, 21 to the Affidavit of Lawrence Green [ECF 38] by Ken's Foods, Inc..(Mittelman, Laura)
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Request |
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38 |
Filed: 9/29/2017, Entered: 9/29/2017 |
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AFFIDAVIT of Lawrence Green, Esq. in Support re 35 MOTION for Summary Judgment filed by Ken's Foods, Inc.. (Attachments: # 1 Ex 1, # 2 Ex 2, # 3 Ex 3, # 4 Ex 4, # 5 Ex 5, # 6 Ex 6, # 7 Ex 7, # 8 Ex 8, # 9 Ex 9, # 10 Ex 10, # 11 Ex 11, # 12 Ex 12, # 13 Ex 13, # 14 Ex 14, # 15 Ex 15, # 16 Ex 16, # 17 Ex 17, # 18 Ex 18, # 19 Ex 19, # 20 Ex 20, # 21 Ex 21, # 22 Ex 22, # 23 Ex 23, # 24 Ex 24, # 25 Ex 25, # 26 Ex 26, # 27 Ex 27, # 28 Ex 28, # 29 Ex 29, # 30 Ex 30)(Mittelman, Laura)
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Request |
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37 |
Filed: 9/29/2017, Entered: 9/29/2017 |
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Statement of Material Facts L.R. 56.1 re 35 MOTION for Summary Judgment filed by Ken's Foods, Inc.. (Mittelman, Laura)
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Request |
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36 |
Filed: 9/29/2017, Entered: 9/29/2017 |
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MEMORANDUM in Support re 35 MOTION for Summary Judgment filed by Ken's Foods, Inc.. (Mittelman, Laura)
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Request |
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35 |
Filed: 9/29/2017, Entered: 9/29/2017 |
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MOTION for Summary Judgment by Ken's Foods, Inc..(Mittelman, Laura)
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Request |
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34 |
Filed: 6/30/2017, Entered: 6/30/2017 |
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Judge Rya W. Zobel: ENDORSED ORDER entered granting in part and denying in part 30 Motion for Extension of Time. Allowed as to requests C and D and A to the extent of the deposition of Kay Fearrington. Denied in all other respects. (Urso, Lisa)
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Request |
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33 |
Filed: 6/20/2017, Entered: 6/20/2017 |
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MEMORANDUM in Opposition re 30 MOTION for Extension of Time to Reopen Discovery and Extend Discovery Period for 60 days for Two Limited Purposes filed by CSX Transportation Inc.. (Frey, Timothy)
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Request |
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32 |
Filed: 6/7/2017, Entered: 6/7/2017 |
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Electronic Clerk's Notes for proceedings held before Judge Rya W. Zobel: Further Scheduling Conference held on 6/7/2017, Judge will decide discovery motion when opposition comes in (6/20/17); Cross motion s/j 9/29/17; Responses due by 10/20/2017, 5 page Replies due by 10/27/2017., Motion Hearing set for 11/2/2017 02:00 PM in Courtroom 12 before Judge Rya W. Zobel.). (Court Reporter: No Court Reporter Used.)(Attorneys present: Frey, Green & Mittleman) (Urso, Lisa)
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Request |
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31 |
Filed: 6/6/2017, Entered: 6/6/2017 |
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MEMORANDUM in Support re 30 MOTION for Extension of Time to Reopen Discovery and Extend Discovery Period for 60 days for Two Limited Purposes filed by Ken's Foods, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Mittelman, Laura)
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Request |
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30 |
Filed: 6/6/2017, Entered: 6/6/2017 |
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MOTION for Extension of Time to Reopen Discovery and Extend Discovery Period for 60 days for Two Limited Purposes by Ken's Foods, Inc..(Mittelman, Laura)
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Request |
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29 |
Filed: 5/5/2017, Entered: 5/5/2017 |
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Withdrawal of motion: 27 MOTION to Compel 30(b)(6) Deposition of CSX Transportation, Inc. filed by Ken's Foods, Inc., 28 Memorandum in Support of Motion filed by Ken's Foods, Inc... (Mittelman, Laura)
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Request |
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28 |
Filed: 4/21/2017, Entered: 4/21/2017 |
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MEMORANDUM in Support re 27 MOTION to Compel 30(b)(6) Deposition of CSX Transportation, Inc. filed by Ken's Foods, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Mittelman, Laura)
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Request |
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27 |
Filed: 4/21/2017, Entered: 4/21/2017 |
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MOTION to Compel 30(b)(6) Deposition of CSX Transportation, Inc. by Ken's Foods, Inc..(Mittelman, Laura)
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Request |
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26 |
Filed: 3/13/2017, Entered: 3/13/2017 |
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Set/Reset Hearings: Further Scheduling Conference REset for 6/7/2017 02:00 PM in Courtroom 12 before Judge Rya W. Zobel. (Urso, Lisa)
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Request |
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25 |
Filed: 3/13/2017, Entered: 3/13/2017 |
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Judge Rya W. Zobel: ENDORSED ORDER entered granting 24 Motion for Extension of Time to Complete Discovery Discovery to be completed by 5/30/2017; A further scheduling conference will be held on 6/7/17 at 2:00 p.m. (Urso, Lisa)
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Request |
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| Save 25% on a pre-paid one year subscription. |
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24 |
Filed: 3/13/2017, Entered: 3/13/2017 |
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Joint MOTION for Extension of Time to May 30, 2017 to Complete Discovery by CSX Transportation Inc..(Frey, Timothy)
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Request |
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23 |
Filed: 11/30/2016, Entered: 12/1/2016 |
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Electronic Clerk's Notes for proceedings held before Judge Rya W. Zobel: Scheduling Conference held on 11/30/2016, ( Discovery to be completed by 3/31/2017), (Further Scheduling Conference set for 4/5/2017 02:00 PM in Courtroom 12 before Judge Rya W. Zobel.). (Court Reporter: No Court Reporter Used.)(Attorneys present: Cohen, Frey, Green & Mittelman) (Urso, Lisa)
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Request |
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22 |
Filed: 11/22/2016, Entered: 11/22/2016 |
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Supplemental JOINT SUBMISSION pursuant to Local Rule 16.1 by Ken's Foods, Inc..(Mittelman, Laura)
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Request |
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21 |
Filed: 11/14/2016, Entered: 11/14/2016 |
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NOTICE of Scheduling Conference Scheduling Conference set for 11/30/2016 03:00 PM in Courtroom 12 before Judge Rya W. Zobel. (The court apologizes for this oversight)(Urso, Lisa)
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Request |
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20 |
Filed: 9/8/2016, Entered: 9/8/2016 |
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Judge Rya W. Zobel: ORDER entered. PROTECTIVE ORDER ENTERED.(Urso, Lisa)
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Request |
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19 |
Filed: 9/8/2016, Entered: 9/8/2016 |
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Judge Rya W. Zobel: ENDORSED ORDER entered granting 18 Motion for Protective Order (Urso, Lisa)
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Request |
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18 |
Filed: 8/29/2016, Entered: 8/29/2016 |
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Joint MOTION for Protective Order by Ken's Foods, Inc.. (Attachments: # 1 Exhibit Stipulated Protective Order and Confidentiality Agreement)(Mittelman, Laura)
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Request |
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17 |
Filed: 6/23/2016, Entered: 6/23/2016 |
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CERTIFICATION pursuant to Local Rule 16.1 (d)(3). (Cohen, Jeffrey)
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Request |
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16 |
Filed: 5/17/2016, Entered: 5/17/2016 |
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CERTIFICATION pursuant to Local Rule 16.1 . (Mittelman, Laura)
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Request |
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15 |
Filed: 5/17/2016, Entered: 5/17/2016 |
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JOINT SUBMISSION pursuant to Local Rule 16.1 and Fed. R. Civ. P. 26(f) by CSX Transportation Inc..(Cohen, Jeffrey)
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Request |
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14 |
Filed: 4/14/2016, Entered: 4/14/2016 |
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NOTICE of Appearance by Timothy Frey on behalf of CSX Transportation Inc. (Frey, Timothy)
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Request |
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13 |
Filed: 4/14/2016, Entered: 4/14/2016 |
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NOTICE of Appearance by Jeffrey D. Cohen on behalf of CSX Transportation Inc. (Cohen, Jeffrey)
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Request |
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12 |
Filed: 4/7/2016, Entered: 4/7/2016 |
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Judge Rya W. Zobel: ELECTRONIC ORDER entered granting 10 Motion for Leave to Appear Pro Hac Vice Added Jeffrey D. Cohen. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Gioia, AnaMaria)
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Request |
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11 |
Filed: 4/7/2016, Entered: 4/7/2016 |
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Judge Rya W. Zobel: ELECTRONIC ORDER entered granting 9 Motion for Leave to Appear Pro Hac Vice Added Timothy L. Frey. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Gioia, AnaMaria)
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Request |
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10 |
Filed: 3/2/2016, Entered: 3/2/2016 |
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MOTION for Leave to Appear Pro Hac Vice for admission of Jeffrey D. Cohen Filing fee: $ 100, receipt number 0101-6002541 by CSX Transportation Inc.. (Attachments: # 1 Affidavit)(Basch, Adam)
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Request |
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9 |
Filed: 3/2/2016, Entered: 3/2/2016 |
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MOTION for Leave to Appear Pro Hac Vice for admission of Timothy L. Frey Filing fee: $ 100, receipt number 0101-6002483 by CSX Transportation Inc.. (Attachments: # 1 Affidavit)(Basch, Adam)
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Request |
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8 |
Filed: 2/26/2016, Entered: 2/26/2016 |
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NOTICE of Appearance by Lawrence G. Green on behalf of Ken's Foods, Inc. (Green, Lawrence)
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Request |
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7 |
Filed: 2/23/2016, Entered: 2/23/2016 |
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ANSWER to 1 Complaint, with Affirmative Defenses by Ken's Foods, Inc..(Mittelman, Laura)
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Request |
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6 |
Filed: 2/23/2016, Entered: 2/23/2016 |
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CORPORATE DISCLOSURE STATEMENT by Ken's Foods, Inc.. (Mittelman, Laura)
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Request |
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5 |
Filed: 2/23/2016, Entered: 2/23/2016 |
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NOTICE of Appearance by Laura Lee Mittelman on behalf of Ken's Foods, Inc. (Mittelman, Laura)
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Request |
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4 |
Filed: 1/26/2016, Entered: 1/26/2016 |
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Summons Issued as to Ken's Foods, Inc.. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Abaid, Kimberly)
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Request |
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3 |
Filed: 1/26/2016, Entered: 1/26/2016 |
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ELECTRONIC NOTICE of Case Assignment. Judge Rya W. Zobel assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge M. Page Kelley. (Abaid, Kimberly)
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Request |
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2 |
Filed: 1/26/2016, Entered: 1/26/2016 |
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CORPORATE DISCLOSURE STATEMENT by CSX Transportation Inc.. (Basch, Adam)
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Request |
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1 |
Filed: 1/26/2016, Entered: 1/26/2016 |
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COMPLAINT against Ken's Foods, Inc. Filing fee: $ 400, receipt number 0101-5946076 (Fee Status: Filing Fee paid), filed by CSX Transportation Inc.. (Attachments: # 1 Civil Cover Sheet, # 2 Category sheet)(Basch, Adam) (Attachment 1 replaced on 1/26/2016) (Abaid, Kimberly). (Attachment 2 replaced on 1/26/2016) (Abaid, Kimberly).
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Request |
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