CHARTER OAK FIRE INS v. W.J. MALONE ASSOCIAT, et al

Federal Civil Lawsuit New Jersey District Court, Case No. 2:03-cv-01802-JAG-MCA
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Parties
No Logo CHARTER OAK FIRE INSURANCE COMPANY, Plaintiff

Represented by The Travelers Indemnity Company

Name Phone Fax E-Mail
Space DANIEL M. BROWN +1 215 274 1716 +1 215 274 1735 dbrown9@travelers.com
v.
No Logo ADT SECURITY SYSTEMS - MID-SOUTH, INC., Defendant

Represented by Coughlin Duffy, LLP

Name Phone Fax E-Mail
Space Timothy I. Duffy +1 973 267 0058 +1 973 267 6442 tduffy@coughlinduffy.com

Represented by McElroy Deutsch Mulvaney & Carpenter, LLP

Name Phone Fax E-Mail
Space WILLIAM F. O'CONNOR, JR. +1 973 993 8100 +1 858 720 5125 woconnor@mdmc-law.com
No Logo W.J. MALONE ASSOCIATES, INC., Defendant

Represented by Morris Duffy Alonso & Faley LLP

Name Phone Fax E-Mail
Space YOLANDA AYALA +1 212 343 1166 +1 201 343 1223 yayala@gvlaw.com
No Logo ADT SECURITY SYSTEMS - MID-SOUTH, INC., Cross-Defendant

Represented by McElroy Deutsch Mulvaney & Carpenter, LLP

Name Phone Fax E-Mail
Space WILLIAM F. O'CONNOR, JR. +1 973 993 8100 +1 858 720 5125 woconnor@mdmc-law.com
Other Parties
No Logo ADT SECURITY SYSTEMS - MID-SOUTH, INC., Cross-Claimant

Represented by Coughlin Duffy, LLP

Name Phone Fax E-Mail
Space Timothy I. Duffy +1 973 267 0058 +1 973 267 6442 tduffy@coughlinduffy.com

Represented by McElroy Deutsch Mulvaney & Carpenter, LLP

Name Phone Fax E-Mail
Space WILLIAM F. O'CONNOR, JR. +1 973 993 8100 +1 858 720 5125 woconnor@mdmc-law.com
No Logo W.J. MALONE ASSOCIATES, INC., Cross-Claimant

Represented by GARRITY, GRAHAM, MURPHY, GAROFALO & FLINN, PC

Name Phone Fax E-Mail
Space MICHAEL P. MCGRATH +1 973 509 7500 mpm@garritygraham.com
No Logo ADT SECURITY SYSTEMS - MID-SOUTH, INC., Third Party Plaintiff

Represented by Coughlin Duffy, LLP

Name Phone Fax E-Mail
Space Timothy I. Duffy +1 973 267 0058 +1 973 267 6442 tduffy@coughlinduffy.com

Represented by McElroy Deutsch Mulvaney & Carpenter, LLP

Name Phone Fax E-Mail
Space WILLIAM F. O'CONNOR, JR. +1 973 993 8100 +1 858 720 5125 woconnor@mdmc-law.com
No Logo BASIC PLASTICS COMPANY, INC., Consol Third Party Defendant
No Logo CERULLO FIRE PROTECTION, INC, Consol Third Party Defendant
No Logo EVONNE TORRES, Consol Third Party Defendant
No Logo HYSTERICAL FILMS, INC., Consol Third Party Defendant
No Logo FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC., Consol Plaintiff

Represented by Cozen O'Connor, PC

Name Phone Fax E-Mail
Space Douglas Bern Fox +1 212 509 9400 dfox@cozen.com
No Logo St. Paul Fire And Marine Insurance Company, Consol Plaintiff

Represented by Cozen O'Connor, PC

Name Phone Fax E-Mail
Space Douglas Bern Fox +1 212 509 9400 dfox@cozen.com
No Logo Malone Sprinkler Corp., Consol Defendant
No Logo ROMNICS REALTY, INC., Consol Defendant
No Logo ROMNICS REALTY, INC., Consol Third Party Plaintiff
No Logo ROMNICS REALTY, INC., Third Party Defendant

Represented by LEARY, BRIDE, TINKER & MORAN

Name Phone Fax E-Mail
Space JOHN GILBERT TINKER, JR. +1 973 539 2090
Attributes
Office Newark
Filed 4/18/2003
Jury Demand Both
Demand $0
Nature of Suit 380 - Personal Property: Other Personal Property Damage
Cause Section 28 U.S.C. § 1332 Diversity-Property Damage
Jurisdiction Diversity
Disposition Judgment - Jury Verdict
County Passaic
Terminated 2/2/2006
Origin 1
Reopened
Lead Case
203-cv-01802-JAG-MCA None
Related Case
Other Court Case None
Def Custody Status
Flags CLOSED, LEAD, SCHEDO
Timeline
  Entries (59) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Order with OCR 48 Filed: 2/2/2006, Entered: 2/2/2006 OrderCourt Filing
JUDGMENT Ordered and Adjudged that the verdict was in favor of the deft., W. J. MALONE SPRINKLER CORP., and against pltfs., CHARTER OAK FIRE INSURANCE CO., as subrogee of Romnics Realty, Inc., and FIDELITY AND GUARANTY INSURANCE, UNDERWRITERS, INC., as Subrogee of BASIC PLASTIC COMPANY, no cause of action. Signed by Judge Joseph A. Greenaway, Jr. on 2/1/06. (dc, )
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Blank -- Filed: 2/2/2006, Entered: 2/2/2006 Terminated Case
***Civil Case Terminated. (dc, )
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Jury Verdict with OCR 46 Filed: 1/31/2006, Entered: 2/1/2006 Jury Verdict
JURY VERDICT SHEET as to Fidelity a/s/o Basic Plastics. (ps, )
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Jury Notes with OCR 45 Filed: 1/31/2006, Entered: 2/1/2006 Jury Notes
Jury Communication C-3 Filed. (ps, )
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Jury Notes with OCR 44 Filed: 1/31/2006, Entered: 2/1/2006 Jury Notes
Jury Communication C-2 Filed. (ps, )
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Jury Notes with OCR 43 Filed: 1/31/2006, Entered: 2/1/2006 Jury Notes
Jury Communication C-1 Filed. (ps, ) Modified on 2/1/2006 (ps, ).
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Jury Trial Completed with OCR 42 Filed: 1/31/2006, Entered: 1/31/2006 Jury Trial CompletedCourt Filing
Minute Entry for proceedings held before Judge Joseph A. Greenaway, Jr. : Jury Trial completed on 1/31/2006. Verdict: In favor of the deft., WJ Malone and against the pltfs., no cause of action. Trial adj., at 2:30 pm. (Court Reporter Tom Brazaitis.) (ps, )
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Jury Trial Held with OCR 41 Filed: 1/27/2006, Entered: 1/30/2006 Jury Trial HeldCourt Filing
Minute Entry for proceedings held before Judge Joseph A. Greenaway, Jr. : Jury Trial held on 1/27/2006. Closing arguments. Jury charged and deliberations commenced at 3:40 pm. Deliberations adj., at 4:15 pm, to be continued on 1/31/06 at 9:30 am. (Court Reporter Tom Brazaitis.) (ps, )
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Jury Trial Held with OCR 40 Filed: 1/26/2006, Entered: 1/27/2006 Jury Trial HeldCourt Filing
Minute Entry for proceedings held before Judge Joseph A. Greenaway, Jr. : Jury Trial held on 1/26/2006. Trial w/jury to be continued on 1/27/06. (Court Reporter Tom Brazaitis.) (ps, )
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Jury Trial Held with OCR 39 Filed: 1/25/2006, Entered: 1/27/2006 Jury Trial HeldCourt Filing
Minute Entry for proceedings held before Judge Joseph A. Greenaway, Jr. : Jury Trial held on 1/25/2006. Trial to be continued on 1/26/06 at 9:30 am. (Court Reporter Tom Brazaitis.) (ps, )
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Jury Trial Held with OCR 38 Filed: 1/24/2006, Entered: 1/25/2006 Jury Trial HeldCourt Filing
Minute Entry for proceedings held before Judge Joseph A. Greenaway, Jr. : Jury Trial held on 1/24/2006. Trial to be continued on 1/25/06 at 9:30 am. (Court Reporter Tom Brazaitis.) (ps, )
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Jury Trial Held with OCR 37 Filed: 1/20/2006, Entered: 1/24/2006 Jury Trial HeldCourt Filing
Minute Entry for proceedings held before Judge Joseph A. Greenaway, Jr. : Jury Trial held on 1/20/2006. Trial adj., at 4:00 pm, to be continued on 1/24/06 at 9:30 am. (Court Reporter Tom Brazaitis.) (ps, )
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Jury Trial Held with OCR 36 Filed: 1/19/2006, Entered: 1/20/2006 Jury Trial HeldCourt Filing
Minute Entry for proceedings held before Judge Joseph A. Greenaway, Jr. : Jury Trial held on 1/19/2006. Trial to be continued on 1/20/06 at 9:30 am. (Court Reporter Tom Brazaitis.) (ps, )
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Jury Trial Held with OCR 35 Filed: 1/18/2006, Entered: 1/20/2006 Jury Trial HeldCourt Filing
Minute Entry for proceedings held before Judge Joseph A. Greenaway, Jr. : Jury Trial held on 1/18/2006. Opening statements. Trial to be continued on 1/19/06 at 9:30 am. (Court Reporter Tom Brazaitis.) (ps, )
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Jury Trial Begun with OCR 34 Filed: 1/17/2006, Entered: 1/20/2006 Jury Trial BegunCourt Filing
Minute Entry for proceedings held before Judge Joseph A. Greenaway, Jr. : Jury Trial held on 1/17/2006. Jury selected. Trial to be continued on 1/18/06 at 9:30 am. (Court Reporter Tom Brazaitis.) (ps, )
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Jury Trial Completed with OCR 33 Filed: 1/13/2006, Entered: 1/17/2006 Jury Trial CompletedCourt Filing
Minute Entry for proceedings held before Judge Joseph A. Greenaway, Jr. : Jury Trial completed on 1/13/2006. Ordered pltfs., motion for a mistrial granted. Jury selection to commence on 1/17/06 at 11:00 am. (Court Reporter Tom Brazaitis.) (ps, )
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Jury Trial Held with OCR 32 Filed: 1/12/2006, Entered: 1/17/2006 Jury Trial HeldCourt Filing
Minute Entry for proceedings held before Judge Joseph A. Greenaway, Jr. : Jury Trial held on 1/12/2006. Jury selected. Opening statements. Trial adj., at 2:45 pm, to be continued on 1/13/06 at 9:30 am. (Court Reporter Tom Brazaitis.) (ps, )
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Jury Trial Begun with OCR 31 Filed: 1/11/2006, Entered: 1/12/2006 Jury Trial BegunCourt Filing
Minute Entry for proceedings held before Judge Joseph A. Greenaway, Jr. : Jury Trial held on 1/11/2006. Jury selection adj., at 12:45 pm, to be continued on 1/12/06 at 9:30 am. (Court Reporter Tom Brazaitis.) (ps, )
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Motion Hearing with OCR 30 Filed: 1/9/2006, Entered: 1/10/2006 Motion HearingCourt Filing
Minute Entry for proceedings held before Judge Joseph A. Greenaway, Jr. : Motion Hearing held on 1/9/2006 re [27] MOTION in Limine filed by W.J. MALONE ASSOCIATES, INC., [26] First MOTION in Limine to Bar Testimony of Nicholas DeLuca of Armor Automatic Sprinkler, and Prohibit the Introduction into Evidence those Documents Produced After the Discovery Deadline and the June 7, 1995 Letter from Atlantic Mutual Company to Bas filed by CHARTER OAK FIRE INSURANCE COMPANY. (Court Reporter Tom Brazaitis.) (ps, )
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Brief with OCR 29 Filed: 12/7/2005, Entered: 12/7/2005 Brief
BRIEF in Support of the Response to the Motion in Limine of W.J. Malone Associates, Inc. filed by CHARTER OAK FIRE INSURANCE COMPANY. (BROWN, DANIEL)
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Brief in Opposition to Motion with OCR 28 Filed: 12/6/2005, Entered: 12/6/2005 Brief in Opposition to Motion
BRIEF in Opposition re [27] MOTION in Limine of Defendant Malone filed by ST. PAUL FIRE & MARINE INSURANCE COMPANY, FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC.. (Attachments: # (1) Exhibit Exhibit A# (2) Exhibit Exhibit B# (3) Exhibit Exhibit C# (4) Exhibit Exhibit D)(FOX, DOUGLAS)
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Motion for Miscellaneous Relief with OCR 27 Filed: 11/23/2005, Entered: 11/30/2005 Motion for Miscellaneous Relief
MOTION in Limine by W.J. MALONE ASSOCIATES, INC.. (dc, )
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Motion in Limine with OCR 26 Filed: 11/23/2005, Entered: 11/23/2005, Terminated: 2/2/2006 Motion in Limine
First MOTION in Limine to Bar Testimony of Nicholas DeLuca of Armor Automatic Sprinkler, and Prohibit the Introduction into Evidence those Documents Produced After the Discovery Deadline and the June 7, 1995 Letter from Atlantic Mutual Company to Basic Plastics and the May 29, 1998 Letter from Selective Insurance Company to Romnics Realty by CHARTER OAK FIRE INSURANCE COMPANY. (Attachments: # (1) Brief # (2) Exhibit # (3))(BROWN, DANIEL)
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Blank -- Filed: 11/23/2005, Entered: 11/30/2005 set/reset motion and R&R; deadlines/hearings
Set hearing as to [27] MOTION in Limine. Motion Hearing set for 12/27/2005 before Judge Joseph A. Greenaway, Jr.. PLEASE BE ADVISED THAT THIS MOTION WILL BE DECIDED ON THE PAPERS UNLESS OTHERWISE NOTIFIED BY THE COURT. (dc, )
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Blank -- Filed: 11/23/2005, Entered: 11/28/2005 set/reset motion and R&R; deadlines/hearings
Set/Reset Deadlines as to [26] First MOTION in Limine to Bar Testimony of Nicholas DeLuca of Armor Automatic Sprinkler, and Prohibit the Introduction into Evidence those Documents Produced After the Discovery Deadline and the June 7, 1995 Letter from Atlantic Mutual Company to Bas. Motion Hearing set for 12/27/2005 before Judge Joseph A. Greenaway, Jr.. (PLEASE BE ADVISED THAT THIS MOTION WILL BE DECIDED ON THE PAPERS UNLESS OTHERWISE NOTIFIED BY THE COURT). (dh, )
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Letter with OCR 25 Filed: 9/9/2005, Entered: 9/9/2005 Letter
Letter from Douglas B. Fox. (FOX, DOUGLAS)
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Blank -- Filed: 8/29/2005, Entered: 9/19/2005 Add and Terminate Judges
Judge Madeline C. Arleo added. (nc, )
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Order with OCR 24 Filed: 8/23/2005, Entered: 8/23/2005 OrderCourt Filing
ORDER that Richard J. Gallo is granted pro hac vice admission on behalf of W.J. Malone. Signed by Judge G. Donald Haneke on 8/18/05. (jd, )
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Blank -- Filed: 8/23/2005, Entered: 8/23/2005 Pro Hac Vice Fee Received
Pro Hac Vice fee as to Richard J. Gallo: $ 150.00, receipt number 334215 (jd, )
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Pretrial Order with OCR 23 Filed: 8/22/2005, Entered: 8/22/2005 Pretrial OrderCourt Filing
PRETRIAL ORDER (Part 1). Signed by Judge G. Donald Haneke on 8/18/05. (Attachments: # (1) Part 2,# (2) Part 3)(nc-sl, )
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Blank -- Filed: 8/18/2005, Entered: 8/19/2005 Pretrial Conference - Final
Minute Entry for proceedings held before Judge G. Donald Haneke : Final Pretrial Conference held on 8/18/2005. (nc-sl, )
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Scheduling Order with OCR 22 Filed: 12/27/2004, Entered: 12/28/2004 Scheduling OrderCourt Filing
SCHEDULING ORDER: Motions in limine due by 6/2/2005, returnable 7/18/05 at 10a.m., voir dire to be filed by 9/16/05; jury trial scheduled for 9/10/05 and jury instructions to be filed by 9/20/05. Signed by Judge Joseph A. Greenaway, Jr. on 12/27/04. (bl, )
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Settlement Conference with OCR 21 Filed: 12/7/2004, Entered: 12/10/2004 Settlement ConferenceCourt Filing
Minute Entry for proceedings held before Judge Joseph A. Greenaway, Jr. : Settlement/Scheduling Conference held on 12/7/2004. (ps, )
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Telephone Conference with OCR 20 Filed: 11/15/2004, Entered: 11/17/2004 Telephone ConferenceCourt Filing
Minute Entry for proceedings held before Judge Joseph A. Greenaway, Jr. : Telephone Conference held on 11/15/2004. (ps, )
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Blank -- Filed: 7/21/2004, Entered: 7/21/2004 Summons Issued
Summons Issued as to BASIC PLASTICS COMPANY, INC..Days Due - 20. (jd, )
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Substitution of Attorney with OCR 19 Filed: 7/13/2004, Entered: 7/14/2004 Substitution of Attorney
Substitution of Attorney - Attorney YOLANDA AYALA for W.J. MALONE ASSOCIATES, INC., YOLANDA AYALA for added. Attorney MICHAEL P. MCGRATH terminated. (bl, )
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Scheduling Order with OCR 18 Filed: 7/6/2004, Entered: 7/6/2004 Scheduling OrderCourt Filing
ORDER: Discovery Extended to 10/29/2004, etc. Signed by Judge Joseph A. Greenaway, Jr. on 7/2/04. (bl, )
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Status Conference with OCR 17 Filed: 6/16/2004, Entered: 6/17/2004 Status ConferenceCourt Filing
Minute Entry for proceedings held before Judge Joseph A. Greenaway, Jr. : Status/Scheduling Conference held on 6/16/2004. (ps, )
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Order with OCR 15 Filed: 4/14/2004, Entered: 4/15/2004 OrderCourt Filing
ORDER re production of documents, etc.. Signed by Judge Joseph A. Greenaway, Jr. on 4/14/04. (bl, )
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~Notice (other) with OCR 14 Filed: 4/13/2004, Entered: 4/13/2004 ~Notice (other)
NOTICE OF change of Firm by Timoth J. Duffy, Esq. from McElroy, Deutsch & Mulvaney, LLP. to COUGHLIN DUFFY, LLP. by ADT SECURITY SYSTEMS - MID-SOUTH, INC. (bl, )
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Status Conference with OCR 13 Filed: 4/1/2004, Entered: 4/2/2004 Status ConferenceCourt Filing
Minute Entry for proceedings held before Judge Joseph A. Greenaway, Jr. : Status/Scheduling Conference held on 4/1/2004. (ps, )
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Blank 12 Filed: 11/25/2003, Entered: 12/1/2003 Answer to Third-Party Complaint
ANSWER by ROMNICS REALTY, INC. to [7-1] third-party complaint, request for damages and Jury demand. (bl)
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Blank 11 Filed: 11/5/2003, Entered: 11/7/2003 Acknowledgment of Service
ACKNOWLEDGEMENT/acceptance OF SERVICE as to ROMNICS REALTY, INC. 10/27/03 Answer due on 11/17/03 for ROMNICS REALTY, INC. (bl)
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Blank 10 Filed: 10/24/2003, Entered: 10/27/2003 Answer to Counterclaim
ANSWER by ROMNICS REALTY, INC., MALONE SPRINKLER COR to counterclaim of deft. Romnics Realty, Inc. (bl)
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Answer with OCR 16 Filed: 10/22/2003, Entered: 5/17/2004 Answer
ANSWER to Counterclaim of deft Romnics Realty, Inc. by FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC., ST. PAUL FIRE & MARINE INSURANCE COMPANY.(jd, )
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Blank 9 Filed: 10/17/2003, Entered: 10/20/2003 Scheduling OrderCourt Filing
SCHEDULING ORDER setting Discovery cutoff 4/15/04 ; Status conference 3:00 4/23/04 ; ( signed by Mag. Judge G. D. Haneke )(NM) (bl)
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Blank 8 Filed: 10/9/2003, Entered: 10/10/2003 OrderCourt Filing
ORDER, consolidating cases 03-1802 and 03-2367 for all purposes ( signed by Mag. Judge G. D. Haneke ) (NM) (bl)
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Blank -- Filed: 10/9/2003, Entered: 10/10/2003 Set/Clear Flags
Consolidated Lead Case (bl)
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Blank -- Filed: 10/2/2003, Entered: 10/2/2003 Summons Issued
SUMMONS on Third party complaint issued for ROMNICS REALTY, INC. ( 20 Days) (Mailed to Counsel) (bl)
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Blank 7 Filed: 9/15/2003, Entered: 9/17/2003 Third-Party Complaint
THIRD-PARTY COMPLAINT by ADT SECURITY SYSTEMS against ROMNICS REALTY, INC. (bl)
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Blank 7 Filed: 9/15/2003, Entered: 9/17/2003 Amended Answer to Complaint
AMENDED ANSWER to amended complaint; jury demand and CROSSCLAIM by ADT SECURITY SYSTEMS (bl) Modified on 09/17/2003
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Blank 6 Filed: 8/26/2003, Entered: 8/27/2003 Answer to Amended Complaint
ANSWER TO AMENDED COMPLAINT; jury demand and CROSSCLAIM by ADT SECURITY SERVICES, INC. improperly identified as ADT SECURITY SYSTEMS, MID-SOUTH, INC. (bl)
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Blank 4 Filed: 8/21/2003, Entered: 8/21/2003 OrderCourt Filing
ORDER, set scheduling conference for 10/6/03 ( signed by Mag. Judge G. D. Haneke ) (bl)
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Blank 5 Filed: 8/20/2003, Entered: 8/22/2003 Answer
ANSWER to complaint; jury demand and CROSSCLAIM by W.J. MALONE ASSOCIAT against ADT SECURITY SYSTEMS (mn)
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Blank 3 Filed: 8/1/2003, Entered: 8/1/2003 Application and Clerk's Order to extend time to an
APPLICATION by ADT SECURITY SYSTEMS and Clerk's Order extending time to answer. Answer due 8/26/03 for ADT SECURITY SYSTEMS (bl)
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Blank 2 Filed: 4/25/2003, Entered: 4/25/2003 Case Assigned/ReassignedCourt Filing
NOTICE of Allocation and Assignment filed. ( NEWARK - Judge Joseph A. Greenaway, Jr. - Magistrate Judge G. Donald Haneke) (NM) (dc)
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Blank -- Filed: 4/25/2003, Entered: 4/25/2003 Case Referred to Arbitration
CASE REFERRED to arbitration (dc)
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Blank -- Filed: 4/25/2003, Entered: 4/25/2003 Summons Issued
SUMMONS(ES) issued for W.J. MALONE ASSOCIAT, ADT SECURITY SYSTEMS ( 20 Days) (Mailed to Counsel) (dc)
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Blank 1 Filed: 4/18/2003, Entered: 4/25/2003 Complaint
COMPLAINT filed; jury demand FILING FEE $ 150.00 RECEIPT # 299000 (dc)
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