Summit Contractors Inc v. Legacy Corner LLC et al

Federal Civil Lawsuit Oklahoma Western District Court, Case No. 5:04-cv-00580
District Judge Vicki Miles-LaGrange, presiding
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District Judge Vicki Miles-LaGrange
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Summary

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Parties
No Logo Summit Contractors Inc, Plaintiff

Represented by Crowe & Dunlevy, PC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Mack J Morgan, III +1 405 235 7727 +1 405 272 5235 Mack@rsm-law.com

Represented by US District Courthouse-OKC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Charles B Goodwin +1 405 609 5000 +1 405 272 5215 goodwin-orders@okwd.uscourts.gov
No Logo James Harwick + Partners Inc, Counter-Claimant

Represented by Hayes Magrini & Gatewood

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Alan W. Bardell +1 405 235 9922 +1 405 235 6611 abardell@hmglawyers.com

Represented by PIERCE COUCH HENDRICKSON BAYSINGER & GREEN-OKC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Hugh A Baysinger +1 405 235 1611 +1 405 235 2904 hbaysinger@piercecouch.com

Represented by Pierce, Couch

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Elizabeth R Sharrock +1 405 235 1611 +1 405 235 2904 esharrock@piercecouch.com
No Logo Legacy Corner LLC, Counter-Claimant

Represented by Hayes Magrini & Gatewood

Name Phone Fax E-Mail
Space Alan W. Bardell +1 405 235 9922 +1 405 235 6611 abardell@hmglawyers.com
v.
No Logo Legacy Corner LLC, Defendant

Represented by Gardner Cornell, P.C.

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Robert L Magrini +1 405 235 9922 +1 405 235 6611 robert@hmglawyers.com

Represented by Hayes Magrini & Gatewood

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Alan W. Bardell +1 405 235 9922 +1 405 235 6611 abardell@hmglawyers.com
No Logo Mivon LLC, Defendant

Represented by Gardner Cornell, P.C.

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Robert L Magrini +1 405 235 9922 +1 405 235 6611 robert@hmglawyers.com

Represented by Hayes Magrini & Gatewood

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Alan W. Bardell +1 405 235 9922 +1 405 235 6611 abardell@hmglawyers.com
No Logo Legacy Corner LLC, Counter-Defendant

Represented by Gardner Cornell, P.C.

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Robert L Magrini +1 405 235 9922 +1 405 235 6611 robert@hmglawyers.com

Represented by Hayes Magrini & Gatewood

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Alan W. Bardell +1 405 235 9922 +1 405 235 6611 abardell@hmglawyers.com
No Logo Summit Contractors Inc, Counter-Defendant

Represented by Hayes Magrini & Gatewood

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Alan W. Bardell +1 405 235 9922 +1 405 235 6611 abardell@hmglawyers.com

Represented by US District Courthouse-OKC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Charles B Goodwin +1 405 609 5000 +1 405 272 5215 goodwin-orders@okwd.uscourts.gov
Other Parties
No Logo James Harwick + Partners Inc, Third Party Defendant

Represented by Hayes Magrini & Gatewood

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Alan W. Bardell +1 405 235 9922 +1 405 235 6611 abardell@hmglawyers.com

Represented by PIERCE COUCH HENDRICKSON BAYSINGER & GREEN-OKC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Hugh A Baysinger +1 405 235 1611 +1 405 235 2904 hbaysinger@piercecouch.com

Represented by Pierce, Couch

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Elizabeth R Sharrock +1 405 235 1611 +1 405 235 2904 esharrock@piercecouch.com
No Logo John Doe, Third Party Defendant

Represented by Hayes Magrini & Gatewood

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Alan W. Bardell +1 405 235 9922 +1 405 235 6611 abardell@hmglawyers.com
No Logo Legacy Corner LLC, Third Party Plaintiff

Represented by Gardner Cornell, P.C.

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Robert L Magrini +1 405 235 9922 +1 405 235 6611 robert@hmglawyers.com

Represented by Hayes Magrini & Gatewood

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Alan W. Bardell +1 405 235 9922 +1 405 235 6611 abardell@hmglawyers.com
Attributes
Citation Section 28 U.S.C. § 1332
Nature of Suit 190 - Contract: Other Contract Actions
Timeline
  Entries (118) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 118 Filed: 4/7/2009, Entered: None
STIPULATION of Dismissal with prejudice by Legacy Corner LLC, James Harwick + Partners Inc. (Magrini, Robert) (Entered: 04/07/2009)
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Legal Document (Payment Possibly Required) 117 Filed: 2/27/2009, Entered: None
ADMINISTRATIVE CLOSING ORDER: This action is administratively terminated without prejudice to the rights of the parties to reopen for entry of any stipulation or order. If not reopened within 60 days to obtain final determination, action is deemed dismissed with prejudice. Signed by Honorable Vicki Miles-LaGrange on 2/27/2009. (ks) (Entered: 02/27/2009)
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Legal Document (Payment Possibly Required) 116 Filed: 2/27/2009, Entered: None
ADR REPORT BY MEDIATOR / EVALUATOR (Clemens, R) (Entered: 02/27/2009)
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Legal Document (Payment Possibly Required) 115 Filed: 2/20/2009, Entered: None
AMENDED ANSWER to 63 Third Party Complaint and, COUNTERCLAIM against Legacy Corner LLC by James Harwick + Partners Inc.(Baysinger, Hugh) (Entered: 02/20/2009)
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Legal Document (Payment Possibly Required) 114 Filed: 2/20/2009, Entered: None
ORDER granting 113 third-party defendant James Harwick+Partners Inc.'s motion to amend answer and to assert counter-claim. Third-party defendant James Harwick+Partners Inc. shall file its amended answer within 7 days of the date of this order. Signed by Honorable Vicki Miles-LaGrange on 2/20/2009. (ks) (Entered: 02/20/2009)
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Legal Document (Payment Possibly Required) 113 Filed: 2/20/2009, Entered: None
MOTION to Amend/Correct Answer and to Assert Counter-Claim by James Harwick + Partners Inc. (Attachments: # 1 Attachment)(Baysinger, Hugh) (Entered: 02/20/2009)
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Legal Document (Payment Possibly Required) 112 Filed: 11/18/2008, Entered: None
ORDER granting 111 the Joint Motion to Continue the Trial Setting, Extend Deadlines and Enter Amended Scheduling Order. The Court continues this case to the May 2009 trial docket and all other dates as more fully set out in the order. Signed by Honorable Vicki Miles-LaGrange on 11/18/2008. (ks) (Entered: 11/18/2008)
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Legal Document (Payment Possibly Required) 111 Filed: 11/14/2008, Entered: None
JOINT MOTION for Extension of Time to continue trial setting and enter an amended scheduling order by Legacy Corner LLC, James Harwick + Partners Inc. (Bardell, Alan) (Entered: 11/14/2008)
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Legal Document (Payment Possibly Required) 110 Filed: 11/4/2008, Entered: None
ORDER denying 109 the joint motion to extend certain deadlines. Signed by Honorable Vicki Miles-LaGrange on 11/4/2008. (ks) (Entered: 11/04/2008)
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Legal Document (Payment Possibly Required) 109 Filed: 11/3/2008, Entered: None
JOINT MOTION for Extension of Time Deadlines by Legacy Corner LLC, James Harwick + Partners Inc. (Bardell, Alan) (Entered: 11/03/2008)
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Legal Document (Payment Possibly Required) 108 Filed: 10/31/2008, Entered: None
CIVIL JURY TRIAL DOCKET: Docket Call set for 1/7/2009 02:00 PM in Courtroom #501 before Honorable Vicki Miles-LaGrange. Jury Trial set for 1/12/2009 09:00 AM in Courtroom #501 before Honorable Vicki Miles-LaGrange. (ks) (Entered: 10/31/2008)
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Legal Document (Payment Possibly Required) 107 Filed: 6/4/2008, Entered: None
ORDER granting 106 the parties' Joint Motion to Extend Deadlines and Enter Amended Scheduling Order. The Court continues the trial of this matter to the Court's January 2009 trial docket, and all other deadlines as more fully set out in the Order. Signed by Honorable Vicki Miles-LaGrange on 6/4/2008. (ks) (Entered: 06/04/2008)
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Legal Document (Payment Possibly Required) 106 Filed: 6/2/2008, Entered: None
JOINT MOTION for Extension of Time to extend deadlines and enter amended scheduling order by all parties. (Bardell, Alan) (Entered: 06/02/2008)
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Legal Document (Payment Possibly Required) 105 Filed: 1/8/2008, Entered: None Court Filing
SCHEDULING ORDER: Motions to join due 30 days from date of this order; Motions to amend due 30 days from date of this order; Pla expert witness list and expert reports due 6/1/08; Dft expert witness list and expert reports due 6/11/08; Pla witness list due 6/1/08; Dft witness list due 6/11/08; Pla exhibit list due 6/1/08; Dft exhibit list due 6/11/08; Motions in limine due 7/24/08; Jury instructions due 7/24/08; Voir dire requests due 7/24/08; Trial briefs due 7/24/08; Proposed Findings of Fact and Conclusions due 7/24/08; ADR 5/15/08 Case Referred to Mediator Motions due by 6/1/2008. Discovery due by 7/1/2008. Pretrial Report due by 7/24/2008. Jury Trial set for 8/12/2008 09:00 AM in Courtroom #501 before Honorable Vicki Miles-LaGrange.. Signed by Magistrate Judge Robert Bacharach on 1/8/08. (fp, ) (Entered: 01/10/2008)
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Legal Document (Payment Possibly Required) 104 Filed: 1/3/2008, Entered: None
JOINT STATUS REPORT AND DISCOVERY PLAN by Third Party Plaintiff Legacy Corner LLC, Third Party Defendant James Harwick + Partners Inc, Defendant Legacy Corner LLC. (Bardell, Alan) (Entered: 01/03/2008)
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Legal Document (Payment Possibly Required) 103 Filed: 1/3/2008, Entered: None Court Filing
ORDER granting 102 The parties shall file the Joint Status Report and Discovery Plan by January 3, 2008. (more fully set out). Signed by Judge Vicki Miles-LaGrange on 1/3/08. (fp, ) (Entered: 01/03/2008)
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Legal Document (Payment Possibly Required) 102 Filed: 1/2/2008, Entered: None
JOINT MOTION for Extension of Time for Filing Joint Status Report and Discovery Plan by Legacy Corner LLC, James Harwick + Partners Inc. (Bardell, Alan) (Entered: 01/02/2008)
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Legal Document (Payment Possibly Required) 101 Filed: 11/20/2007, Entered: None
STATUS & SCHEDULING CONFERENCE DOCKET: Scheduling Conference set for 1/8/2008 09:30 AM in Chambers before Honorable Vicki Miles-LaGrange. The Status Report and Discovery Plan due by 1/2/2008. (ks) (Entered: 11/20/2007)
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Legal Document (Payment Possibly Required) 100 Filed: 11/2/2007, Entered: None
ANSWER to Amended Third Party Complaint by James Harwick + Partners Inc.(Baysinger, Hugh) (Entered: 11/02/2007)
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Legal Document (Payment Possibly Required) 99 Filed: 11/2/2007, Entered: None
ENTRY of Appearance by Elizabeth R Sharrock on behalf of James Harwick + Partners Inc (Sharrock, Elizabeth) (Entered: 11/02/2007)
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Legal Document (Payment Possibly Required) 98 Filed: 11/2/2007, Entered: None
ENTRY of Appearance by Hugh A Baysinger on behalf of James Harwick + Partners Inc (Baysinger, Hugh) (Entered: 11/02/2007)
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Legal Document (Payment Possibly Required) 97 Filed: 9/26/2007, Entered: None Court Filing
ORDER granting 95 defendants/third-party plaintiffs Legacy Corner, L.L.C. and Mivon, L.L.C.'s Unopposed Motion to Extend Joint Status Report and Discovery Plan and to Continue the Scheduling Conference; STRIKING this matter from the Court's October, 2007 Status and Scheduling Conference Docket; CONTINUING this matter to the Court's January, 2008 Status and Scheduling Conference docket; and extending the deadline to file the Joint Status Report and Discovery Plan to a date to be set in accordance with the Court's January 2008 Status and Scheduling Confernece Docket. Signed by Judge Vicki Miles-LaGrange on 9/26/2007. (ks) (Entered: 09/26/2007)
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Legal Document (Payment Possibly Required) 96 Filed: 9/26/2007, Entered: None Court Filing
ORDER granting 94 defendants/third-party plaintiffs Legacy Corner, L.L.C. and Mivon, L.L.C.'s Unopposed Motion to Extend Administrative Closing Date, and Ordering that the closing paperwork with respect to the claims between plaintiff Summit Contractors, Inc. and Legacy shall be filed within 30 days of the date of this Order. Signed by Judge Vicki Miles-LaGrange on 9/26/2007. (ks) (Entered: 09/26/2007)
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Legal Document (Payment Possibly Required) 95 Filed: 9/25/2007, Entered: None
UNOPPOSED MOTION for Extension of Time for Joint Status Report and Discovery Plan and Continue Scheduling Conference by Legacy Corner LLC, Mivon LLC. (Bardell, Alan) (Entered: 09/25/2007)
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Legal Document (Payment Possibly Required) 94 Filed: 9/25/2007, Entered: None
UNOPPOSED MOTION for Extension of Time for Administrative Closing by Legacy Corner LLC. (Bardell, Alan) (Entered: 09/25/2007)
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Legal Document (Payment Possibly Required) 93 Filed: 9/10/2007, Entered: None Court Filing
ORDER granting 92 defendants/third-party plaintiffs Legacy Corner, LLC and Mivon LLC's Motion to Extend Administrative Closing Date, and ordering that the closing paperwork with respect to the claims between Summit Contractors, Inc. and Legacy shall be filed within 15 days of the date of this Order. Signed by Judge Vicki Miles-LaGrange on 9/10/2007. (ks) (Entered: 09/10/2007)
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Legal Document (Payment Possibly Required) 92 Filed: 9/7/2007, Entered: None
MOTION for Extension of Time of Administrative Closing Date by Legacy Corner LLC, Mivon LLC. (Bardell, Alan) (Entered: 09/07/2007)
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Legal Document (Payment Possibly Required) 91 Filed: 9/5/2007, Entered: None
AMENDED STATUS AND SCHEDULING CONFERENCE DOCKET: Scheduling Conference RESET for 10/5/2007 09:30 AM in Chambers before Honorable Vicki Miles-LaGrange. The Joint Status Report and Discovery Plan due by 9/25/2007. (ks) (Entered: 09/05/2007)
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Legal Document (Payment Possibly Required) 90 Filed: 8/17/2007, Entered: None
STATUS AND SCHEDULING CONFERENCE DOCKET: Scheduling Conference set for 10/2/2007 09:30 AM in Chambers before Honorable Vicki Miles-LaGrange. The Joint Status Report and Discovery Plan due by 9/25/2007. (ks) (Entered: 08/17/2007)
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Legal Document (Payment Possibly Required) 89 Filed: 8/8/2007, Entered: None Court Filing
ORDER granting 88 defendant/third party plaintiffs Legacy Corner and Mivon's Motion to Reopen and Extend Administrative Closing Date, REOPENING this case as to Legacy's claims against third-party defendant James Harwick + Partners, Inc., and ordering that the closing paperwork with respect to the claims between plaintiff Summit Contractors, Inc. and Legacy shall be filed within 30 days of the date of this Order. Signed by Judge Vicki Miles-LaGrange on 8/8/2007. (ks) (Entered: 08/08/2007)
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Legal Document (Payment Possibly Required) 88 Filed: 8/7/2007, Entered: None
MOTION to Reopen Case and Extend Administrative Closing Date by Legacy Corner LLC, Mivon LLC. (Bardell, Alan) (Entered: 08/07/2007)
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Legal Document (Payment Possibly Required) 87 Filed: 6/25/2007, Entered: None Court Filing
ADMINISTRATIVE CLOSING ORDER: This action is administratively terminated without prejudice to the rights of the parties to reopen for entry of any stipulation or order. If not reopened within 45 days to obtain final determination, action is deemed dismissed with prejudice. Signed by Judge Vicki Miles-LaGrange on 6/25/2007. (ks) (Entered: 06/25/2007)
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Legal Document (Payment Possibly Required) 86 Filed: 5/23/2007, Entered: None
STATUS AND SCHEDULING CONFERENCE DOCKET: Scheduling Conference set for 7/3/2007 09:30 AM in Chambers before Honorable Vicki Miles-LaGrange. Joint Status Report and Discovery Plan due by 6/26/2007. (ks) (Entered: 05/23/2007)
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Legal Document (Payment Possibly Required) 85 Filed: 4/30/2007, Entered: None Court Filing
JUDGMENT - Having granted plaintiff's motion to confirm the Arbitration Award in a separate order issued on April 27, 2007, the Court ORDERS and DECREES that the July 7, 2006 Arbitration Award and Findings of Fact and Conclusions of Law, attached as Exhibit 4 to plaintiff's motion (doc. no. 70), be and the same are hereby confirmed and made the judgment of this Court. Signed by Judge Vicki Miles-LaGrange on 4/30/2007. (ks) (Entered: 04/30/2007)
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Legal Document (Payment Possibly Required) 84 Filed: 4/27/2007, Entered: None Court Filing
ORDER granting in part and denying in part 70 Summit's Motion to Confirm in Part and Vacate/Modify in Part the Arbitration Award, for Summary Judgment with Respect to Legacy's Counterclaims against Summit, and for Summary Judgment with Respect to the Remainder of Summit's Claim against Legacy, as more fully set out in the order. Signed by Judge Vicki Miles-LaGrange on 4/27/2007. (ks) (Entered: 04/27/2007)
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Legal Document (Payment Possibly Required) 83 Filed: 12/6/2006, Entered: None
REPLY by Plaintiff Summit Contractors Inc in Support of its September 21, 2006 Motion filed by Summit Contractors Inc. (Goodwin, Charles) (Entered: 12/06/2006)
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Legal Document (Payment Possibly Required) 82 Filed: 11/21/2006, Entered: None Court Filing
ORDER granting 81 plaintiff's Unopposed Motion for Extension of Time to File Reply Brief. Plaintiff shall file its reply on or before 12/6/2006. Signed by Judge Vicki Miles-LaGrange on 11/21/2006. (ks) (Entered: 11/21/2006)
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Legal Document (Payment Possibly Required) 81 Filed: 11/20/2006, Entered: None
UNOPPOSED MOTION for Extension of Time to File Reply Brief by Summit Contractors Inc. (Goodwin, Charles) (Entered: 11/20/2006)
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Legal Document (Payment Possibly Required) 80 Filed: 11/7/2006, Entered: None Court Filing
ORDER granting 79 plaintiff's Unopposed Application to File Reply Brief in Support of its September 21, 2006 Motion. Plaintiff shall file its reply within 14 days of the date of this order. Signed by Judge Vicki Miles-LaGrange on 11/7/2006. (ks) (Entered: 11/07/2006)
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Legal Document (Payment Possibly Required) 79 Filed: 11/7/2006, Entered: None
MOTION for Leave to File Reply Brief in Support of September 21, 2006 Motion by Summit Contractors Inc. (Goodwin, Charles) (Entered: 11/07/2006)
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Legal Document (Payment Possibly Required) 78 Filed: 10/30/2006, Entered: None
OBJECTIONS re 70 MOTION for Summary Judgment on Summit's Remaining Claims filed by Summit Contractors Inc, Mivon LLC, Summit Contractors Inc. (Attachments: # 1 Exhibit Exhibit 1 - Affidavit of Mike Henderson# 2 Exhibit Exhibit 2 - Construction Contract# 3 Exhibit Exhibit 3 - Identity of Interest Agreement# 4 Exhibit Exhibit 4 - Objection to Request for Modification of Arbitration Award)(Bardell, Alan) (Entered: 10/30/2006)
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Legal Document (Payment Possibly Required) 77 Filed: 10/30/2006, Entered: None
OBJECTIONS re 70 MOTION for Summary Judgment on Summit's Remaining Claims filed by Summit Contractors Inc, Mivon LLC, Summit Contractors Inc. (Bardell, Alan) (Entered: 10/30/2006)
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Legal Document (Payment Possibly Required) 76 Filed: 10/27/2006, Entered: None Court Filing
ORDER granting 75 defendants' Unopposed Application for Extension of Time to Respond to 70 Plaintiff's Motion for Summary Judgment. Defendants shall file their response on or before 10/30/2006. Signed by Judge Vicki Miles-LaGrange on 10/27/2006. (ks) (Entered: 10/27/2006)
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Legal Document (Payment Possibly Required) 75 Filed: 10/26/2006, Entered: None
UNOPPOSED MOTION for Extension of Time to File Response/Reply as to 70 MOTION for Summary Judgment by Legacy Corner LLC, Legacy Corner LLC, Mivon LLC, Legacy Corner LLC. (Bardell, Alan) (Entered: 10/26/2006)
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Legal Document (Payment Possibly Required) 74 Filed: 10/17/2006, Entered: None Court Filing
ORDER granting 73 defendants' Unopposed Application for Extension of Time to Respond to 70 plaintiff's Motion for Summary Judgment. Defendants shall file their response on or before 10/26/2006. Signed by Judge Vicki Miles-LaGrange on 10/17/2006. (ks) (Entered: 10/17/2006)
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Legal Document (Payment Possibly Required) 73 Filed: 10/16/2006, Entered: None
UNOPPOSED MOTION for Extension of Time to File Response/Reply as to 70 MOTION for Summary Judgment by Legacy Corner LLC, Legacy Corner LLC, Mivon LLC, Legacy Corner LLC. (Bardell, Alan) (Entered: 10/16/2006)
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Legal Document (Payment Possibly Required) 72 Filed: 10/10/2006, Entered: None Court Filing
ORDER granting 71 defendants' Unopposed Application for Extension of Time to Respond to Plaintiff's Motion for Summary Judgment. Defendants shall File their response on or before 10/16/2006. Signed by Judge Vicki Miles-LaGrange on 10/10/2006. (ks) (Entered: 10/10/2006)
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Legal Document (Payment Possibly Required) 71 Filed: 10/6/2006, Entered: None
UNOPPOSED MOTION for Extension of Time to Respond to Plaintiff's Motion for Summary Judgment by Legacy Corner LLC, Legacy Corner LLC, Mivon LLC, Legacy Corner LLC. (Bardell, Alan) (Entered: 10/06/2006)
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Legal Document (Payment Possibly Required) 70 Filed: 9/21/2006, Entered: None
MOTION for Summary Judgment by Summit Contractors Inc. (Attachments: # 1 Exhibit 1 - Construction Contract# 2 Exhibit 2 - Identity of Interest Agreement# 3 Exhibit 3 - AIA Doc. A201# 4 Exhibit 4 - Arbitration Award# 5 Exhibit 5 - Request to Modify# 6 Exhibit 6 - Denial of Request to Modify)(Goodwin, Charles) (Entered: 09/21/2006)
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Legal Document (Payment Possibly Required) 69 Filed: 3/22/2006, Entered: None Court Filing
ORDER denying 59 Motion to Amend/Correct. The Ct, therefore Denies Legacy and Mivon's Mtn to Amend or, in the Alternative Clarify the Ct's December 30, 2005 Order (more fully set out) . Signed by Judge Vicki Miles-LaGrange on 3/22/06. (fp, ) (Entered: 03/22/2006)
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Legal Document (Payment Possibly Required) 68 Filed: 3/6/2006, Entered: None Court Filing
ORDER granting 67 the parties' Joint Motion to Strike Deadlines and Set Scheduling Conference. All deadlines in this action are hereby stricken to be reset at a scheduling conference to be held after the filing of an entry of appearance by the thirdy-party defendant James Harwick + Partners, Inc. Signed by Judge Vicki Miles-LaGrange on 3/6/2006. (ks) (Entered: 03/06/2006)
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Legal Document (Payment Possibly Required) 67 Filed: 3/1/2006, Entered: None
JOINT MOTION to Strike Deadlines and Set Scheduling Conference by Summit Contractors Inc. (Morgan, Mack) (Entered: 03/01/2006)
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Legal Document (Payment Possibly Required) 66 Filed: 2/23/2006, Entered: None
AMENDED THIRD PARTY COMPLAINT against James Harwick + Partners Inc, filed by Legacy Corner LLC.(Magrini, Robert) (Entered: 02/23/2006)
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Legal Document (Payment Possibly Required) 65 Filed: 2/23/2006, Entered: None Court Filing
ORDER granting 64 defendant/third-party plaintiff Legacy Corner, L.L.C.'s Application to File Amended Third-Party Complaint. Legacy shall file its Amended Third-Party Complaint within 7 days of the date of this Order. Signed by Judge Vicki Miles-LaGrange on 2/23/2006. (ks) (Entered: 02/23/2006)
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Legal Document (Payment Possibly Required) 64 Filed: 2/22/2006, Entered: None
MOTION to Amend/Correct 63 Third Party Complaint by Legacy Corner LLC. (Magrini, Robert) (Entered: 02/22/2006)
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Legal Document (Payment Possibly Required) 63 Filed: 2/10/2006, Entered: None
THIRD PARTY COMPLAINT against James Harwick + Partners Inc., filed by Legacy Corner LLC.(Magrini, Robert) (Entered: 02/10/2006)
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Legal Document (Payment Possibly Required) 62 Filed: 2/3/2006, Entered: None Court Filing
ORDER granting 61 defendants' Unopposed Application for Extension of Deadline to File Motions to Amend Pleadings and to Join Parties. The Court orders that any motions to join parties and/or to amend pleadings shall be filed by 2/10/2006. Signed by Judge Vicki Miles-LaGrange on 2/3/2006. (ks) (Entered: 02/03/2006)
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Legal Document (Payment Possibly Required) 61 Filed: 2/3/2006, Entered: None
UNOPPOSED MOTION for Extension of Time of Deadline to File Motions to Amend Pleadings and to Join Parties by Summit Contractors Inc. (Bardell, Alan) (Entered: 02/03/2006)
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Legal Document (Payment Possibly Required) 60 Filed: 1/25/2006, Entered: None
RESPONSE in Opposition re 59 MOTION to Amend/Correct 57 Order on Motion for Partial Summary Judgment, Order on Motion for Summary Judgment,,,, filed by Summit Contractors Inc, Summit Contractors Inc. (Goodwin, Charles) (Entered: 01/25/2006)
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Legal Document (Payment Possibly Required) 59 Filed: 1/13/2006, Entered: None
MOTION to Amend/Correct 57 Order on Motion for Partial Summary Judgment, Order on Motion for Summary Judgment,,,, by Legacy Corner LLC, Mivon LLC, Legacy Corner LLC. (Bardell, Alan) (Entered: 01/13/2006)
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Legal Document (Payment Possibly Required) 58 Filed: 1/4/2006, Entered: None Court Filing
SCHEDULING ORDER: Jury Trial set on the May 2006 Trial Docket (5/8/2006 09:00 AM) in Courtroom #501 before Honorable Vicki Miles-LaGrange. Motions to join due 30 days from date of this order; Motions to amend due 30 days from date of this order; Pla witness list due 3/1/2006; Pla exhibit list due 3/1/2006; Dft witness list due 3/11/2006; Dft exhibit list due 3/11/2006; Motions in limine due 4/20/2006; Jury instructions due 4/20/2006; Voir dire requests due 4/20/2006; Trial briefs due 4/20/2006; Proposed Findings of Fact and Conclusions due 4/20/2006; Discovery due by 4/1/2006. All dispositive motions due by 3/1/2006. Pretrial Report due by 4/20/2006. Signed by Judge Vicki Miles-LaGrange on 1/3/2006. (ks) (Entered: 01/04/2006)
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Legal Document (Payment Possibly Required) 57 Filed: 12/30/2005, Entered: None Court Filing
ORDER that The Court GRANTS Summit's Mtn for Summary Judgment 26 and Finds that judgment should be entered in favor of Summit and against Legacy in the amt of $315,279.82, including prejudgment interest, and that judgment should be entered in favor of Summitt and against Mivon for collection of the receivable in the amt of $370,852.42. Additionally, for the reasons set forth above, the Ct DENIES Legacy's Crs-Mtn for Summary Judgment 46 Signed by Judge Vicki Miles-LaGrange on 12/30/05. (fp, ) (Entered: 12/30/2005)
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Legal Document (Payment Possibly Required) 56 Filed: 12/28/2005, Entered: None
JOINT STATUS REPORT AND DISCOVERY PLAN by Plaintiff Summit Contractors Inc, Defendants Legacy Corner LLC, Mivon LLC, Counter Claimant Legacy Corner LLC, Counter Defendant Summit Contractors Inc. (Goodwin, Charles) (Entered: 12/28/2005)
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Legal Document (Payment Possibly Required) 55 Filed: 12/28/2005, Entered: None Court Filing
ORDER granting 54 defendants' Unopposed Application for Extension of Time to File the Joint Status Report and Discovery Plan. The Joint Status Report and Discovery Plan are to be filed by 12/28/2005. Signed by Judge Vicki Miles-LaGrange on 12/28/2005. (ks) (Entered: 12/28/2005)
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Legal Document (Payment Possibly Required) 54 Filed: 12/27/2005, Entered: None
UNOPPOSED MOTION for Extension of Time to File the Joint Status Report and Discovery Plan by Legacy Corner LLC. (Bardell, Alan) (Entered: 12/27/2005)
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Legal Document (Payment Possibly Required) 53 Filed: 12/22/2005, Entered: None
RESPONSE to Motion re 46 CROSS MOTION for Partial Summary Judgment filed by Summit Contractors Inc, Summit Contractors Inc. (Attachments: # 1 Exhibit Ex 1 - Affidavit of John Lee# 2 Exhibit Ex 2 - PTO Requests# 3 Exhibit Ex 3 - Cost Certificate# 4 Exhibit Ex 4 - Mortgagee Certificate)(Goodwin, Charles) (Entered: 12/22/2005)
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Legal Document (Payment Possibly Required) 52 Filed: 12/13/2005, Entered: None Court Filing
ORDER granting 51 plaintiff's Unopposed Motion for Extension of Time. Plaintiff shall file a combined response and reply on or before 12/22/2005. Signed by Judge Vicki Miles-LaGrange on 12/13/2005. (ks) (Entered: 12/13/2005)
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Legal Document (Payment Possibly Required) 51 Filed: 12/9/2005, Entered: None
UNOPPOSED MOTION for Extension of Time by Summit Contractors Inc, Summit Contractors Inc. (Goodwin, Charles) (Entered: 12/09/2005)
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Legal Document (Payment Possibly Required) 50 Filed: 11/21/2005, Entered: None
STATUS AND SCHEDULING CONFERENCE DOCKET: Scheduling Conference set for 1/3/2006 02:20 PM in Chambers before Honorable Vicki Miles-LaGrange. Joint Status Report and Discovery Plan due by 12/27/2005. (ks) (Entered: 11/21/2005)
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Legal Document (Payment Possibly Required) 49 Filed: 11/18/2005, Entered: None Court Filing
ORDER granting 48 plaintiff's Unopposed Motion for Extension of Time to Respond to Defendants' Cross-Motion for Summary Judgment and Application to File a Reply in Support of Plaintiff's Motion for Summary Judgment. Plaintiff shall file a combined response and reply on or before 12/12/2005. Signed by Judge Vicki Miles-LaGrange on 11/18/2005. (ks) (Entered: 11/18/2005)
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Legal Document (Payment Possibly Required) 48 Filed: 11/17/2005, Entered: None
UNOPPOSED MOTION for Extension of Time to Respond to Defendants' Cross-Motion for Summary Judgment and Application to File a Reply in Support of Plaintiff's Motion for Summary Judgment by Summit Contractors Inc, Summit Contractors Inc. (Goodwin, Charles) (Entered: 11/17/2005)
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Legal Document (Payment Possibly Required) 47 Filed: 11/2/2005, Entered: None
BRIEF IN SUPPORT re 46 CROSS MOTION for Partial Summary Judgment, 45 Objections to Plaintiff's Motion for Summary Judgment by Legacy Corner LLC, Mivon LLC, Legacy Corner LLC. (Attachments: # 1 Exhibit Affidavit of Mike Henderson# 2 Exhibit Building Loan Agreement# 3 Exhibit Construction Contract Cost Plus# 4 Exhibit Identity of Interest Agreement# 5 Exhibit October 28, 2003 Correspondence# 6 Exhibit Excerpts of AIA Document A201)(Bardell, Alan) (Entered: 11/02/2005)
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Legal Document (Payment Possibly Required) 46 Filed: 11/2/2005, Entered: None
CROSS MOTION for Partial Summary Judgment by Legacy Corner LLC, Mivon LLC, Legacy Corner LLC. (Bardell, Alan) (Entered: 11/02/2005)
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Legal Document (Payment Possibly Required) 45 Filed: 11/2/2005, Entered: None
OBJECTIONS re 26 MOTION for Summary Judgment filed by Legacy Corner LLC, Mivon LLC, Legacy Corner LLC. (Bardell, Alan) (Entered: 11/02/2005)
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Legal Document (Payment Possibly Required) 44 Filed: 11/1/2005, Entered: None Court Filing
ORDER granting 43 Unopposed Motion for Extension of Time to File Response to Plf's Mtn for Summary Judgment [docket no. 43]; dfts shall file their response on or before November 1, 2005 . Signed by Judge Vicki Miles-LaGrange on 11/1/05. (fp, ) (Entered: 11/01/2005)
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Legal Document (Payment Possibly Required) 43 Filed: 10/31/2005, Entered: None
UNOPPOSED MOTION for Extension of Time to File Response/Reply as to 26 MOTION for Summary Judgment by Legacy Corner LLC. (Bardell, Alan) (Entered: 10/31/2005)
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Legal Document (Payment Possibly Required) 42 Filed: 10/21/2005, Entered: None Court Filing
ENTER ORDER rescheduling case to the Court's January 2006 Status and Scheduling Conference Docket. Signed by Judge Vicki Miles-LaGrange on 10/21/2005. (ks) (Entered: 10/21/2005)
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Legal Document (Payment Possibly Required) 41 Filed: 10/12/2005, Entered: None Court Filing
ORDER LIFTING STAY. The Case will be placed on the Court's December 2005 Status and Scheduling Conference Docket. Additionally, the Court hereby sets an 10/31/2005 deadline for defendants to respond to plaintiff's motion for summary judgment. Signed by Judge Vicki Miles-LaGrange on 10/12/2005. (ks) (Entered: 10/12/2005)
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Legal Document (Payment Possibly Required) 40 Filed: 10/11/2005, Entered: None
NOTICE by Summit Contractors Inc, Legacy Corner LLC, Mivon LLC, Legacy Corner LLC, Summit Contractors Inc of Decision on Appeal (Goodwin, Charles) (Entered: 10/11/2005)
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Legal Document (Payment Possibly Required) 39 Filed: 10/6/2005, Entered: None
MANDATE From USCA - An Order filed September 12, 2005 AFFIRM the District Court's order denying Defendants' motions to stay and to compel arbitration 16 Notice of Appeal filed by Legacy Corner LLC, (dl, ) (Entered: 10/06/2005)
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Legal Document (Payment Possibly Required) 38 Filed: 7/12/2005, Entered: None Court Filing
ORDER STAYING CASE pending completion of defendants' appeal. The parties shall advise the Court that the appeal is no longer pending within 10 days after the Tenth Circuit's issuance of a decision. The Court will then set this case on its next available status and scheduling conference docket. Signed by Judge Vicki Miles-LaGrange on 7/12/2005. (ks) (Entered: 07/12/2005)
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Legal Document (Payment Possibly Required) 37 Filed: 7/8/2005, Entered: None
JOINT STATUS REPORT by Plaintiff Summit Contractors Inc, Defendants Legacy Corner LLC, Mivon LLC, Counter Claimant Legacy Corner LLC, Counter Defendant Summit Contractors Inc. (Morgan, Mack) (Entered: 07/08/2005)
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Legal Document (Payment Possibly Required) 36 Filed: 7/5/2005, Entered: None Court Filing
ORDER directing the parties to jointly advise the Court of the status of their section 16(a) appeal. The parties shall file their joint advisement within 10 days from the date of this order. Signed by Judge Vicki Miles-LaGrange on 7/5/2005. (ks) (Entered: 07/05/2005)
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Legal Document (Payment Possibly Required) 35 Filed: 6/30/2005, Entered: None
UNOPPOSED MOTION for Extension of Time to File Response/Reply as to 26 MOTION for Summary Judgment by Legacy Corner LLC. (Bardell, Alan) (Entered: 06/30/2005)
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Legal Document (Payment Possibly Required) 34 Filed: 6/10/2005, Entered: None Court Filing
ORDER granting 33 defendants' Unopposed Application for Extension of Time to Respond to 26 Plaintiff's Motion for Summary Judgment. Defendants shall file their response on or before 6/30/2005. Signed by Judge Vicki Miles-LaGrange on 6/10/2005. (ks) (Entered: 06/10/2005)
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Legal Document (Payment Possibly Required) 33 Filed: 6/10/2005, Entered: None
UNOPPOSED MOTION for Extension of Time to File Response/Reply as to 26 MOTION for Summary Judgment by Summit Contractors Inc. (Bardell, Alan) (Entered: 06/10/2005)
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Legal Document (Payment Possibly Required) 32 Filed: 6/1/2005, Entered: None Court Filing
ORDER granting 31 defendants' Unopposed Application for Extension of Time to Respond to 26 Plaintiff's Motion for Summary Judgment. Defendants shall file their responses to plaintiff's Motion for Summary Judgment on or before 6/10/2005. Signed by Judge Vicki Miles-LaGrange on 6/1/2005. (ks) (Entered: 06/01/2005)
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Legal Document (Payment Possibly Required) 31 Filed: 5/31/2005, Entered: None
UNOPPOSED MOTION for Extension of Time to File Response/Reply to Plaintiff's Motion for Summary Judgment by Legacy Corner LLC. (Bardell, Alan) (Entered: 05/31/2005)
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Legal Document (Payment Possibly Required) 30 Filed: 5/16/2005, Entered: None Court Filing
ORDER granting 29 Motion for Extension of Time to File Response/Reply re 29 UNOPPOSED MOTION for Extension of Time to File Response/Reply to Plaintiff's Motion for Summary Judgment Responses due by 5/31/2005. Signed by Judge Vicki Miles-LaGrange on 5/16/05. (fp, ) (Entered: 05/16/2005)
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Legal Document (Payment Possibly Required) 29 Filed: 5/13/2005, Entered: None
UNOPPOSED MOTION for Extension of Time to File Response/Reply to Plaintiff's Motion for Summary Judgment by Legacy Corner LLC. (Bardell, Alan) (Entered: 05/13/2005)
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Legal Document (Payment Possibly Required) 28 Filed: 3/31/2005, Entered: None Court Filing
ORDER granting 27 defendants' Unopposed Application for Extension of Time to Respond to Plaintiff's Motion for Summary Judgment. Defendants shall file their response on or before 5/13/2005. Signed by Judge Vicki Miles-LaGrange on 3/31/2005. (ks) (Entered: 03/31/2005)
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Legal Document (Payment Possibly Required) 27 Filed: 3/29/2005, Entered: None
UNOPPOSED MOTION for Extension of Time to Respond to Plaintiff's Motion for Summary Judgment by Legacy Corner LLC. (Bardell, Alan) (Entered: 03/29/2005)
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Legal Document (Payment Possibly Required) 26 Filed: 3/11/2005, Entered: None
MOTION for Summary Judgment by Summit Contractors Inc, Summit Contractors Inc. (Attachments: # 1 Exhibit Ex 1 - Construction Contract# 2 Exhibit Ex 2 - Davenport affidavit# 3 Exhibit Ex 3 - Identity of Interest Agreement)(Goodwin, Charles) (Entered: 03/11/2005)
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Legal Document (Payment Possibly Required) 25 Filed: 3/11/2005, Entered: None
ENTRY of Appearance by Charles B Goodwin on behalf of Summit Contractors Inc, Summit Contractors Inc (Goodwin, Charles) (Entered: 03/11/2005)
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Legal Document (Payment Possibly Required) 24 Filed: 9/27/2004, Entered: None
TRANSCRIPT LETTER advising that no transcripts are necessary re 16 Notice of Appeal filed by Legacy Corner LLC. The record is ready for appeal purposes. (dl, ) (Entered: 09/27/2004)
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Legal Document (Payment Possibly Required) 23 Filed: 9/27/2004, Entered: None
REPLY by Counter Defendant Summit Contractors Inc re 21 Answer to Complaint / Disclaimer, Third Party Complaint, Counterclaim filed by Summit Contractors Inc. (Morgan, Mack) (Entered: 09/27/2004)
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Legal Document (Payment Possibly Required) 22 Filed: 9/8/2004, Entered: None
USCA Case Number 04-6276 for 16 Notice of Appeal filed by Legacy Corner LLC. (dl, ) (Entered: 09/08/2004)
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Legal Document (Payment Possibly Required) 21 Filed: 9/7/2004, Entered: None
ANSWER to Complaint with jury demand, THIRD PARTY COMPLAINT against John Doe, COUNTERCLAIM against Summit Contractors Inc by Legacy Corner LLC.(Bardell, Alan) (Entered: 09/07/2004)
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Legal Document (Payment Possibly Required) 20 Filed: 9/7/2004, Entered: None
ENTRY of Appearance by Alan W Bardell on behalf of Legacy Corner LLC (Bardell, Alan) (Entered: 09/07/2004)
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Legal Document (Payment Possibly Required) 19 Filed: 9/7/2004, Entered: None
TRANSCRIPT Order Form by Legacy Corner LLC that transcripts necessary. See order form for dates and proceedings. Estimated completion date (Bardell, Alan) (Entered: 09/07/2004)
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Legal Document (Payment Possibly Required) 18 Filed: 8/26/2004, Entered: None
Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 16 Notice of Appeal (dl, ) (Entered: 08/26/2004)
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Legal Document (Payment Possibly Required) 17 Filed: 8/25/2004, Entered: None
USCA Appeal Fee received in the amount of $ 255, receipt number 106137, re 16 Notice of Appeal filed by Legacy Corner LLC (dl, ) (Entered: 08/26/2004)
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Legal Document (Payment Possibly Required) 16 Filed: 8/25/2004, Entered: None
NOTICE OF APPEAL by Legacy Corner LLC. Filing fee $ 255. (Bardell, Alan) (Entered: 08/25/2004)
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Legal Document (Payment Possibly Required) 15 Filed: 8/9/2004, Entered: None Court Filing
ORDER denying 7 defendants' Combined Motion to Stay and to Compel Arbitration . Signed by Judge Vicki Miles-LaGrange on 8/9/2004. (ks) (Entered: 08/09/2004)
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Legal Document (Payment Possibly Required) 14 Filed: 7/9/2004, Entered: None
REPLY to Response to Motion re 7 MOTION to Stay Case and to Compel Arbitration and Brief in Support filed by Legacy Corner LLC, Mivon LLC. (Attachments: # 1 Exhibit A - Magrini letter to Wikan)(Magrini, Robert) (Entered: 07/09/2004)
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Legal Document (Payment Possibly Required) 13 Filed: 7/9/2004, Entered: None
ENTRY of Appearance by Robert L Magrini on behalf of all defendants (Magrini, Robert) (Entered: 07/09/2004)
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Legal Document (Payment Possibly Required) 12 Filed: 7/7/2004, Entered: None Court Filing
ORDER granting 11 defendant's Application for Extension of Time. Defendant shall file its reply on or before July 9, 2004. Signed by Judge Vicki Miles-LaGrange on 7/7/2004. (ks) (Entered: 07/07/2004)
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Legal Document (Payment Possibly Required) 11 Filed: 7/6/2004, Entered: None
MOTION for Extension of Time by Legacy Corner LLC. (Bardell, Alan) (Entered: 07/06/2004)
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Legal Document (Payment Possibly Required) 10 Filed: 6/28/2004, Entered: None Court Filing
ORDER Granting 9 defendant Legacy Corner's Unopposed Application to File Reply to Plaintiff's Response to Combined Motion to Stay and to Compel Arbitration. Defendant Legacy Corner shall file its reply within 5 days of the date of this Order. Signed by Judge Vicki Miles-LaGrange on 6/28/2004. (ks) (Entered: 06/28/2004)
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Legal Document (Payment Possibly Required) 9 Filed: 6/25/2004, Entered: None
REPLY to Response to Motion re 7 MOTION to Stay Case and to Compel Arbitration and Brief in Support filed by Legacy Corner LLC. (Bardell, Alan) (Entered: 06/25/2004)
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Legal Document (Payment Possibly Required) 8 Filed: 6/21/2004, Entered: None
RESPONSE in Opposition re 7 MOTION to Stay Case and to Compel Arbitration and Brief in Support filed by Summit Contractors Inc. (Morgan, Mack) (Entered: 06/21/2004)
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Legal Document (Payment Possibly Required) 7 Filed: 6/1/2004, Entered: None
MOTION to Stay Case and to Compel Arbitration and Brief in Support by Legacy Corner LLC. (Attachments: # 1 Exhibit A-Construction Contract# 2 Exhibit B-AIA Document A201-1997# 3 Exhibit C-Indentity of Interest Agreement# 4 Exhibit D-Request for Mediation)(Bardell, Alan) (Entered: 06/01/2004)
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Legal Document (Payment Possibly Required) 6 Filed: 5/14/2004, Entered: None
SUMMONS Returned Executed by Summit Contractors Inc. Mivon LLC served on 5/12/2004, answer due 6/1/2004. (Morgan, Mack) (Entered: 05/14/2004)
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Legal Document (Payment Possibly Required) 5 Filed: 5/14/2004, Entered: None
SUMMONS Returned Executed by Summit Contractors Inc. Legacy Corner LLC served on 5/12/2004, answer due 6/1/2004. (Morgan, Mack) (Entered: 05/14/2004)
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Legal Document (Payment Possibly Required) 4 Filed: 5/11/2004, Entered: None
ENTRY of Appearance by Mack J Morgan III on behalf of Summit Contractors Inc (Morgan, Mack) (Entered: 05/11/2004)
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Legal Document (Payment Possibly Required) 3 Filed: 5/10/2004, Entered: None Court Filing
GENERAL ORDER 04-02 (April 15, 2004) Mandatory Electronic Case Filing. Signed by Judge Vicki Miles-LaGrange on 4/15/04. (fp, ) (Entered: 05/11/2004)
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Legal Document (Payment Possibly Required) 2 Filed: 5/10/2004, Entered: None
PRAECIPE for and issued 2 Summons by Summit Contractors Inc. (fp, ) (Entered: 05/11/2004)
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Legal Document (Payment Possibly Required) 1 Filed: 5/10/2004, Entered: None
COMPLAINT against Legacy Corner LLC, Mivon LLC (Filing fee $ 150.) , filed by Summit Contractors Inc. (Attachments: # 1 Civil Cover Sheet # 2 Receipt 104359 from Crowe & Dunlevy)(fp, ) (Entered: 05/11/2004)
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