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 141 |
Filed: 7/9/2007, Entered: None |
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ORDER: Evans' Motion for Reimbursement of Expert Witness Deposition Fees 134 is Granted in Part. The SEC shall reimburse Evans in the amount of $2700. In so ordering, I find that the SEC owes Evans $3600 for the SEC's deposition of Weiner; that the SEC does not owe Evans an attorney fee; and that Evans owes the SEC $900 for Evans' deposition of Fruits. I then offset $3600 by $900 to reach $2700. Signed on 7/5/07 by Judge Paul Papak. (gm) (Entered: 07/09/2007)
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 Request |
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| 140 |
Filed: 6/11/2007, Entered: None |
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Declaration of Robert C. Weaver, Jr. in Further Support of Defendant's Motion for Reimbursement of Expert Witness Deposition Fees. Filed by Paul Evans. (Related document(s): Reply to Motion 139 .) (Attachments: # 1) (Weaver, Robert) (Entered: 06/11/2007)
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Request |
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| 139 |
Filed: 6/11/2007, Entered: None |
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Reply In Further Support to Motion for Reimbursement of Expert Witness Deposition Fees 134 . Filed by Paul Evans. (Weaver, Robert) (Entered: 06/11/2007)
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Request |
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| 138 |
Filed: 5/29/2007, Entered: None |
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Response in Opposition to Motion for Reimbursement of Expert Witness Deposition Fees 134 . Filed by Securities and Exchange Commission. (Attachments: # 1 Declaration of Susan F. LaMarca in Support# 2 Exhibit A (to LaMarca Decl.)) (LaMarca, Susan) (Entered: 05/29/2007)
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Request |
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| 137 |
Filed: 5/21/2007, Entered: None |
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CIVIL MINUTES: Record of Order by Judge Paul Papak: Setting Defendant's Motion for Reimbursement of Expert Witness Deposition Fees 134 on the under advisement calendar of 6/25/2007. (gm) (Entered: 05/21/2007)
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Request |
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| 136 |
Filed: 5/18/2007, Entered: None |
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Declaration of Robert C. Weaver, Jr. in Support of Defendant's Motion for Reimbursement of Expert Witness Deposition Fees. Filed by Paul Evans. (Related document(s): Motion 134 .) (Attachments: # 1 # 2) (Weaver, Robert) (Entered: 05/18/2007)
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Request |
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| 135 |
Filed: 5/18/2007, Entered: None |
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Memorandum in Support of Defendant's Motion for Reimbursement of Expert Witness Deposition Fees. Filed by Paul Evans. (Weaver, Robert) (Entered: 05/18/2007)
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Request |
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| 134 |
Filed: 5/18/2007, Entered: None |
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Motion for Reimbursement of Expert Witness Deposition Fees. Filed by Paul Evans. (Weaver, Robert) (Entered: 05/18/2007)
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Request |
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| 133 |
Filed: 3/12/2007, Entered: None |
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Judgment: Based on the jury verdict rendered, it is Ordered and Adjudged that judgment is Entered in favor of Defendant Paul Evans. Pending motions, if any, are Denied as Moot. Signed on 3/12/07 by Judge Paul Papak. (gm) (Entered: 03/12/2007)
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Request |
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| 132 |
Filed: 3/9/2007, Entered: None |
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Clerk's List of Exhibits & Witnesses. (gm) (Entered: 03/12/2007)
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Request |
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| 131 |
Filed: 3/9/2007, Entered: None |
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Jury Verdict. (gm) (Entered: 03/12/2007)
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Request |
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| 130 |
Filed: 3/9/2007, Entered: None |
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Court's Jury Instructions. (gm) (Entered: 03/12/2007)
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Request |
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| 129 |
Filed: 3/9/2007, Entered: None |
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CIVIL MINUTES: Record of Jury Trial (Day 4) before Judge Paul Papak: Order: The following exhibits are Received into evidence: Plaintiff's Exhibits # 80, 82, 83, & 84. Plaintiff's closing argument. Defendant's closing argument. Plaintiff's rebuttal. Jury instructed. Received exhibits given to jury. Jury deliberates. Order: Lunches to be provided to jury. (8 jurors total.) Jury verdict read. Order: Exhibits returned to counsel. Jury Trial ends. Mark Fickes; Susan LaMarca present as counsel for plaintiff(s). Robert Weaver present as counsel for defendant(s). Court Reporter: Dennis Apodaca. (gm) (Entered: 03/12/2007)
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Request |
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| 128 |
Filed: 3/8/2007, Entered: None |
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AMENDED CIVIL MINUTES: Record of Jury Trial (Day 3) before Judge Paul Papak: Witnesses sworn & evidence adduced. Plaintiff rests. Defendant rests. Order: The following exhibits are Received into evidence: Defendant's Exhibits # 513, 534, & 536. Order: Defendant's Oral Motion for Judgment as a Matter of Law pursuant to Rule 50(a) is GRANTED as to Plaintiff's claims pursuant to Section 17(a)(2) and (3) of the Securities Act of 1993, and is otherwise Denied. Jury Trial continued to 3/9/07 at 9:00AM. Mark Fickes; Susan LaMarca present as counsel for plaintiff(s). Robert Weaver present as counsel for defendant(s). Court Reporter: Dennis Apodaca. (gm) (Entered: 03/12/2007)
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Request |
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| 127 |
Filed: 3/9/2007, Entered: None |
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Exhibit List Defendant Paul Evans' Third Amended Exhibit List. Filed by Paul Evans. (Weaver, Robert) (Entered: 03/09/2007)
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Request |
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| 126 |
Filed: 3/8/2007, Entered: None |
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CIVIL MINUTES: Record of Jury Trial (Day 3) before Judge Paul Papak: Witnesses sworn & evidence adduced. Plaintiff rests. Defendant rests. Order: Defendant's Oral Motion for Judgment as a Matter of Law pursuant to Rule 50(a) is GRANTED as to Plaintiff's claims pursuant to Section 17(a)(2) and (3) of the Securities Act of 1993, and is otherwise Denied. Jury Trial continued to 3/9/07 at 9:00AM. Mark Fickes; Susan LaMarca present as counsel for plaintiff(s). Robert Weaver present as counsel for defendant(s). Court Reporter: Dennis Apodaca. Paul Papak presiding. (gm) (Entered: 03/09/2007)
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Request |
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| 125 |
Filed: 3/8/2007, Entered: None |
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Certificate of Service by Securities and Exchange Commission of Exhibit List 120 Second Amended Impeachment Exhibit List (Fickes, Mark) (Entered: 03/08/2007)
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Request |
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| 124 |
Filed: 3/8/2007, Entered: None |
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Certificate of Service by Securities and Exchange Commission of Opposition to Defendant's "Cross Designation" of Deposition Testimony of Paul Westley; Declaration of Susan F. LaMarca (in Support of SEC's Opposition to Defendant's "Cross Designation of Deposition Testimony of Paul Westley, First Amended Trial Exhibit List and First Amended Impeachment Exhibit List (Fickes, Mark) (Entered: 03/08/2007)
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Request |
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| 123 |
Filed: 3/7/2007, Entered: None |
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CIVIL MINUTES: Record of Jury Trial (Day 2) before Judge Paul Papak: Witnesses sworn & evidence adduced. Jury Trial continued to 3/8/2007 at 9:00AM. Mark Fickes; Susan LaMarca present as counsel for plaintiff(s). Robert Weaver present as counsel for defendant(s). Court Reporter: Dennis Apodaca. (gm) (Entered: 03/08/2007)
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Request |
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| 122 |
Filed: 3/7/2007, Entered: None |
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Exhibit List Defendant's Second Amended Impeachment Exhibit List. Filed by Paul Evans. (Weaver, Robert) (Entered: 03/07/2007)
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Request |
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| 121 |
Filed: 3/7/2007, Entered: None |
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Exhibit List Defendant's Second Amended Exhibit List. Filed by Paul Evans. (Weaver, Robert) (Entered: 03/07/2007)
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Request |
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| 120 |
Filed: 3/7/2007, Entered: None |
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Exhibit List Second Amended Impeachment Exhibit List. Filed by Securities and Exchange Commission. (Fickes, Mark) (Entered: 03/07/2007)
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Request |
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| 119 |
Filed: 3/6/2007, Entered: None |
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CIVIL MINUTES: Record of Jury Trial (Day 1) before Judge Paul Papak. Jury Trial begins. Voir dire panel sworn. Jury panel selected & sworn. Order: The following exhibits are Received into evidence: Defendant's Exhibit # 533. Plaintiff's opening statement given. Defendant's opening statement given. Plaintiff's case begins. Witnesses sworn & evidence adduced. Order: Plaintiff's Exhibit 7 will not be received. Jury Trial continued to 3/7/2007 at 9:00AM. Mark Fickes; Susan LaMarca present as counsel for plaintiff(s). Robert Weaver present as counsel for defendant(s). Court Reporter: Dennis Apodaca. (gm) (Entered: 03/07/2007)
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Request |
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| 118 |
Filed: 3/5/2007, Entered: None |
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Amended Exhibit List (Impeachment). Filed by Paul Evans. (Weaver, Robert) (Entered: 03/05/2007)
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Request |
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| 117 |
Filed: 3/5/2007, Entered: None |
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Amended Exhibit List (First). Filed by Paul Evans. (Weaver, Robert) (Entered: 03/05/2007)
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Request |
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| 116 |
Filed: 3/5/2007, Entered: None |
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Certificate of Service by Securities and Exchange Commission of Brief Regarding Subsections 17(a)(2) & 3 of the Securities Act of 1933, Response to Defendant's Objections to Exhibits Related to Dr. Fruit's Expert Testimony and SEC's Addtional Trial Exhibits 79 - 84 (LaMarca, Susan) (Entered: 03/05/2007)
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Request |
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| 115 |
Filed: 3/5/2007, Entered: None |
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CIVIL MINUTES: Record of Order by Judge Paul Papak: Plaintiff's Opposition to Defendant's "Cross-Designation" of Deposition Testimony of Paul Westley 110 is Sustained. Plaintiff shall include page 14, lines 6-25 through page 15, lines 1- 7 in the video-taped segment of Paul Westley's deposition to be played for the jury. The remaining designations made by the defendant, pp. 43-48, need not be included for the reasons set forth in Plaintiff's Opposition. (gm) (Entered: 03/05/2007)
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Request |
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| 114 |
Filed: 3/5/2007, Entered: None |
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Brief Defendant's Brief Regarding Section 17(a) of the Securities Act of 1933. Filed by Paul Evans. (Weaver, Robert) (Entered: 03/05/2007)
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Request |
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| 113 |
Filed: 3/2/2007, Entered: None |
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Exhibit List First Amended Impeachment Exhibit List. Filed by Securities and Exchange Commission. (Fickes, Mark) (Entered: 03/02/2007)
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Request |
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| 112 |
Filed: 3/2/2007, Entered: None |
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Exhibit List First Amended Trial Exhibit List. Filed by Securities and Exchange Commission. (Fickes, Mark) (Entered: 03/02/2007)
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Request |
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| 111 |
Filed: 3/2/2007, Entered: None |
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Declaration of Susan F. LaMarca iso SEC's Oppposition to Def.'s "Cross-Designation" of Deposition Testimony of Paul Westley. Filed by Securities and Exchange Commission. (LaMarca, Susan) (Entered: 03/02/2007)
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Request |
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| 110 |
Filed: 3/2/2007, Entered: None |
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Memorandum in Opposition Opposition to Defendant's "Cross-Designation" of Deposition Testimony of Paul Westley. Filed by Securities and Exchange Commission. (LaMarca, Susan) (Entered: 03/02/2007)
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Request |
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| 109 |
Filed: 3/1/2007, Entered: None |
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Memorandum in Opposition Response to Defendant's Objections to Exhibits Related to Dr. Fruits' Testimony. Filed by Securities and Exchange Commission. (LaMarca, Susan) (Entered: 03/01/2007)
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Request |
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| 108 |
Filed: 3/1/2007, Entered: None |
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Brief Regarding Subsections 17(a)(2) & (3) of the Securities Act of 1933. Filed by Securities and Exchange Commission. (LaMarca, Susan) (Entered: 03/01/2007)
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Request |
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| 107 |
Filed: 2/28/2007, Entered: None |
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Exhibit List Defendant's Impeachment Exhibit List. Filed by Paul Evans. (Weaver, Robert) (Entered: 02/28/2007)
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Request |
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| 106 |
Filed: 2/28/2007, Entered: None |
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Objection to Trial Exhibit Defendant Paul Evans' Objections to SEC Exhibits Prepared by Dr. Eric Fruits. Filed by Paul Evans. (Weaver, Robert) (Entered: 02/28/2007)
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Request |
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| 105 |
Filed: 2/26/2007, Entered: None |
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CIVIL MINUTES: Record of Proceedings before Judge Paul Papak: Pretrial Conference held 2/26/07. Order: Witnesses to be excluded from the courtroom. Order: Defendant's Oral Motion to have a 12-member jury panel is Denied. Order: Plaintiff's Motions In Limine 75 and Defendant's Motions In Limine 77 are Granted in Part, Denied in Part and Ruling Reserved in Part as specified in open court. Order: Defendant's Motion to Substitute Exhibits #502 & 503 102 is Granted. Order: The following exhibits are Received into evidence: Plaintiff's Exhibits # 1 - 12, 14 - 28, 32 - 42, 44 (as impeachment), 46, & 48 - 50; Defendant's Exhibits # 501, 502 (as substituted), 503 (as substituted), 505 (as modified), 506 (as modified), 507 (as modified), 508 (as modified), 511, 512, 514, 516 - 523, 526 (as modified), 527 & 532. Susan LaMarca; Mark Fickes present as counsel for plaintiff(s). Robert Weaver present as counsel for defendant(s). Court Reporter: Dennis Apodaca. (gm) (Entered: 02/27/2007)
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Request |
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| 104 |
Filed: 2/21/2007, Entered: None |
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CIVIL MINUTES: Record of Order by Judge Paul Papak: Setting Defendant's Motion to Substitute Exhibits #502 & 503 102 on the Oral Argument Calendar of 2/26/2007 at 10:30AM in Courtroom 10-B (at the time set for the pretrial conference). (gm) (Entered: 02/22/2007)
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Request |
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| 103 |
Filed: 2/21/2007, Entered: None |
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Declaration of Robert C. Weaver Jr.. Filed by Paul Evans. (Related document(s): Motion to Substitute Document 102 .) (Weaver, Robert) (Entered: 02/21/2007)
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Request |
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| 102 |
Filed: 2/21/2007, Entered: None |
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Motion to Substitute a Document Defendant's Motion to Substitute Exhibits. Filed by Paul Evans. (Weaver, Robert) (Entered: 02/21/2007)
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Request |
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| 101 |
Filed: 2/14/2007, Entered: None |
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CIVIL MINUTES: Record of Order by Judge Paul Papak: Granting Defendant Paul Evans' Motion to Compel Deposition of Eric Fruits, Ph.D. 93 . (gm) (Entered: 02/15/2007)
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Request |
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| 100 |
Filed: 2/13/2007, Entered: None |
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Certificate of Service by Securities and Exchange Commission of Response in Opposition to Motion 90 , Response in Opposition to Motion 98 , Exhibit List 97 , Witness List 89 , Supplement 99 (Fickes, Mark) (Entered: 02/13/2007)
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Request |
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| 99 |
Filed: 2/13/2007, Entered: None |
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Supplement Correction to Opposition. Filed by Securities and Exchange Commission. (Related document(s): Response in Opposition to Motion 98 .) (LaMarca, Susan) (Entered: 02/13/2007)
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Request |
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| 98 |
Filed: 2/13/2007, Entered: None |
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Response in Opposition to Defendant's to Motion to Compel Deposition of Eric Fruits, Ph.D. (Plaintiff's Expert Witness) 93 . Filed by Securities and Exchange Commission. (LaMarca, Susan) (Entered: 02/13/2007)
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Request |
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| 97 |
Filed: 2/12/2007, Entered: None |
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Exhibit List Impeachment Exhibit List. Filed by Securities and Exchange Commission. (Fickes, Mark) (Entered: 02/12/2007)
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Request |
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| 96 |
Filed: 2/12/2007, Entered: None |
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Witness List Defendant Paul Evans' Trial Witness List. Filed by Paul Evans. (Ellis, Joy) (Entered: 02/12/2007)
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Request |
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| 95 |
Filed: 2/12/2007, Entered: None |
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Declaration of Robert C. Weaver, Jr. (Re: Defendant's Motion to Compel Deposition of Plaintiff's Expert). Filed by Paul Evans. (Related document(s): Motion to compel 93 .) (Ellis, Joy) (Entered: 02/12/2007)
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Request |
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| 94 |
Filed: 2/12/2007, Entered: None |
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Memorandum in Support of Motion to Compel Deposition of Eric Fruits, Ph.D. (Plaintiff's Expert Witness). Filed by Paul Evans. (Related document(s): Motion to compel 93 .) (Ellis, Joy) (Entered: 02/12/2007)
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Request |
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| 93 |
Filed: 2/12/2007, Entered: None |
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Motion to Compel Deposition of Eric Fruits, Ph.D. (Plaintiff's Expert Witness). Filed by Paul Evans. (Ellis, Joy) (Entered: 02/12/2007)
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Request |
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| 92 |
Filed: 2/12/2007, Entered: None |
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Declaration of Robert C. Weaver, Jr. (Re: Defendant's Response to Plaintiff's Motions in Limine). Filed by Paul Evans. (Related document(s): Response to Motion 91 .) (Attachments: # 1 Exhibit 1# 2 Exhibit 2 (Part 1 of 2)# 3 Exhibit 2 (Part 2 of )# 4 Exhibit 3 (Part 1 of 4)# 5 Exhibit 3 (Part 2 of 4)# 6 Exhibit 3 (Part 3 of 4)# 7 Exhibit 3 (Part 4 of 4)) (Ellis, Joy) (Entered: 02/12/2007)
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Request |
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| 91 |
Filed: 2/12/2007, Entered: None |
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Response to Plaintiff's Motions in Limine to Motion in limine (1. To Exclude Opinions of Def.'s Expert and 2. To Exclude Testimony of a Former-Def.'s Lawyer) 75 . Filed by Paul Evans. (Ellis, Joy) (Entered: 02/12/2007)
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Request |
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| 90 |
Filed: 2/12/2007, Entered: None |
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Response in Opposition to Motion in limine 77 Oral Argument requested. Filed by Securities and Exchange Commission. (LaMarca, Susan) (Entered: 02/12/2007)
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Request |
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| 89 |
Filed: 2/12/2007, Entered: None |
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Witness List. Filed by Securities and Exchange Commission. (LaMarca, Susan) (Entered: 02/12/2007)
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Request |
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| 88 |
Filed: 2/6/2007, Entered: None |
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CIVIL MINUTES: Record of Order by Judge Paul Papak: Setting Defendant's Motions In Limine 77 on the Oral Argument Calendar of 2/26/2007 at 10:30AM in Courtroom 10-B (at the time set for the pretrial conference). (gm) (Entered: 02/08/2007)
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Request |
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| 87 |
Filed: 2/6/2007, Entered: None |
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ORDER: Granting Plaintiff's Request for Leave to File Objections to Exhibits One (1) Day After Date in Order (aka Motion for Extension of Time) 82 . (gm) (Entered: 02/08/2007)
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Request |
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| 86 |
Filed: 2/6/2007, Entered: None |
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Objection to Trial Exhibit. Filed by Securities and Exchange Commission. (Attachments: # 1 Appendix) (LaMarca, Susan) (Entered: 02/06/2007)
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Request |
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| 85 |
Filed: 2/5/2007, Entered: None |
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CIVIL MINUTES: Record of Order by Judge Paul Papak: Setting Plaintiff's Motions In Limine 75 on the Oral Argument Calendar of 2/26/2007 at 10:30PM in Courtroom 10-B (at the time set for the pretrial conference). (gm) (Entered: 02/06/2007)
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Request |
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| 84 |
Filed: 2/6/2007, Entered: None |
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Certificate of Service by Securities and Exchange Commission of Jury instructions - Proposed 81 , Proposed Voir Dire 73 , Jury Verdict Form - Proposed 74 Securities and Exchange Commission's Motions in Limine, Declaration of Susan F. LaMarca in Support of Motions in Limine and Request for Leave of Court to File Objections to Exhibits One After Date in Court's Order. (Fickes, Mark) (Entered: 02/06/2007)
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Request |
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| 83 |
Filed: 2/6/2007, Entered: None |
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Order for Administrative Correction of the Record. A Clerical error has been discovered in the case record. In accordance with Fed. R. Civ. P. 60(a), the Clerk is directed to make the following administrative corrections to the record and to notify all parties accordingly: Plaintiff's "Request for Leave to File Objections to Exhibits One Day After Date in Order" 82 was incorrectly docketed as a "notice" when it should have been docketed as a "motion." The CM-ECF document type has been changed to correctly reflect that it is a motion asking the Court to rule upon it and so that it correctly appears on the Court's pending motions reports. (gm) (Entered: 02/06/2007)
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Request |
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| 82 |
Filed: 2/5/2007, Entered: None |
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Notice Request for Leave to File Objections to Exhibits One Day After Date in Order.Filed by Securities and Exchange Commission. (LaMarca, Susan) Modified on 2/6/2007. (gm) (Entered: 02/05/2007)
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Request |
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| 81 |
Filed: 2/5/2007, Entered: None |
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Proposed Jury Instructions Plaintiff's and Defendant's. Filed by Securities and Exchange Commission. (Fickes, Mark) (Entered: 02/05/2007)
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Request |
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| 80 |
Filed: 2/5/2007, Entered: None |
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Objection to Trial Exhibit (s). Filed by Paul Evans. (Weaver, Robert) (Entered: 02/05/2007)
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Request |
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| 79 |
Filed: 2/5/2007, Entered: None |
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Proposed Jury Verdict Form. Filed by Paul Evans. (Weaver, Robert) (Entered: 02/05/2007)
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Request |
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| 78 |
Filed: 2/5/2007, Entered: None |
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Proposed Voir Dire Questions. Filed by Paul Evans. (Weaver, Robert) (Entered: 02/05/2007)
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Request |
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| 77 |
Filed: 2/5/2007, Entered: None |
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Motion in limine. Filed by Paul Evans. (Weaver, Robert) (Entered: 02/05/2007)
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Request |
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| 76 |
Filed: 2/5/2007, Entered: None |
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Declaration of Susan F. LaMarca. Filed by Securities and Exchange Commission. (Related document(s): Motion in Limine 75 .) (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D) (LaMarca, Susan) (Entered: 02/05/2007)
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Request |
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| 75 |
Filed: 2/5/2007, Entered: None |
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Motion in limine (1. To Exclude Opinions of Def.'s Expert and 2. To Exclude Testimony of a Former-Def.'s Lawyer). Filed by Securities and Exchange Commission. (LaMarca, Susan) (Entered: 02/05/2007)
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Request |
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| 74 |
Filed: 2/5/2007, Entered: None |
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Proposed Jury Verdict Form. Filed by Securities and Exchange Commission. (Fickes, Mark) (Entered: 02/05/2007)
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Request |
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| 73 |
Filed: 2/5/2007, Entered: None |
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Proposed Voir Dire Questions. Filed by Securities and Exchange Commission. (Fickes, Mark) (Entered: 02/05/2007)
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Request |
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| 72 |
Filed: 1/31/2007, Entered: None |
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Certificate of Service by Securities and Exchange Commission of Deposition Testimony Designation 68 , Exhibit List 69 , Witness statement 67 , Trial memorandum 66 , Statement of Claims 70 and Trial Exhibit Binder. (Fickes, Mark) (Entered: 01/31/2007)
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Request |
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| 71 |
Filed: 1/30/2007, Entered: None |
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Exhibit List. Filed by Paul Evans. (Weaver, Robert) (Entered: 01/30/2007)
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Request |
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| 70 |
Filed: 1/29/2007, Entered: None |
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Statement of Claims SEC's Submission Regarding Itemized List of Damages. Filed by Securities and Exchange Commission. (LaMarca, Susan) (Entered: 01/29/2007)
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Request |
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| 69 |
Filed: 1/29/2007, Entered: None |
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Exhibit List. Filed by Securities and Exchange Commission. (Fickes, Mark) (Entered: 01/29/2007)
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Request |
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| 68 |
Filed: 1/29/2007, Entered: None |
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Designation of Deposition Testimony. Filed by Securities and Exchange Commission. (LaMarca, Susan) (Entered: 01/29/2007)
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Request |
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| 67 |
Filed: 1/29/2007, Entered: None |
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Witness Statement. Filed by Securities and Exchange Commission. (Attachments: # 1 Exhibit A - Expert Report of Eric Fruits, Ph.D.) (Fickes, Mark) (Entered: 01/29/2007)
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Request |
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| 66 |
Filed: 1/29/2007, Entered: None |
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Trial Memorandum. Filed by Securities and Exchange Commission. (Attachments: # 1 Table of Authorities) (Fickes, Mark) (Entered: 01/29/2007)
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Request |
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| 65 |
Filed: 1/29/2007, Entered: None |
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Witness Statement (s). Filed by Paul Evans. (Weaver, Robert) (Entered: 01/29/2007)
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Request |
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| 64 |
Filed: 1/29/2007, Entered: None |
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Trial Memorandum. Filed by Paul Evans. (Weaver, Robert) (Entered: 01/29/2007)
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| 63 |
Filed: 12/12/2006, Entered: None |
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Jury Trial Management Order. Signed on 12/12/06 by Judge Paul Papak. (gm) (Entered: 12/13/2006)
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| 62 |
Filed: 12/11/2006, Entered: None |
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CIVIL MINUTES: Record of Proceedings before Judge Paul Papak: Telephone Scheduling Conference held 12/11/06. Order Setting the following trial schedule: Pretrial Order is Waived. Pretrial Conference set for 2/26/2007 at 10:30AM in Courtroom 10-B. 4-day Jury Trial set to begin on 3/6/2007 at 9:00AM in Courtroom 10-B. Susan LaMarca; Jina Choi present as counsel for plaintiff(s). Robert Weaver present as counsel for defendant(s). Court Reporter: (None). (gm) (Entered: 12/13/2006)
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| 61 |
Filed: 11/15/2006, Entered: None |
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CIVIL MINUTES: Record of Order by Judge Paul Papak: Setting a Telephone Scheduling Conference for 12/11/2006 at 2:00PM in Chambers. The Court will initiate the call to counsel. (gm) (Entered: 11/15/2006)
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| 60 |
Filed: 11/13/2006, Entered: None |
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OPINION & ORDER: Defendant Paul Evan's Motion for Summary Judgment 24 is Denied. Plaintiff's Motion to Strike 38 and Defendant Paul Evan's Motion to Strike 42 are Denied as Moot. Signed on 11/13/06 by Judge Paul Papak. (gm) (Entered: 11/13/2006)
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| 59 |
Filed: 10/27/2006, Entered: None |
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Final Judgment as to Defendant Philip Evans. (See formal 5-page judgment attached.) Signed on 10/27/06 by Judge Paul Papak. (gm) (Entered: 10/27/2006)
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Request |
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| 58 |
Filed: 10/26/2006, Entered: None |
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Settlement Agreement Def. Philip Evans' Consent to Final Judgment. Filed by Securities and Exchange Commission. (LaMarca, Susan) (Entered: 10/26/2006)
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| 57 |
Filed: 10/26/2006, Entered: None |
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Consent Proposed Form of Order Submitted for Final Judgment as to Defendant Philip Evans. Filed by Securities and Exchange Commission. (LaMarca, Susan) (Entered: 10/26/2006)
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| 56 |
Filed: 9/18/2006, Entered: None |
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Full Consent by all Parties to Jurisdiction by US Magistrate Judge. (eo) (Entered: 09/18/2006)
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| 55 |
Filed: 8/25/2006, Entered: None |
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CIVIL MINUTES: Record of Proceedings before Judge Paul Papak: Oral Argument held 8/25/06. Order: Defendant Paul Evans' Motion for Summary Judgment 24 , Plaintiff's Motion to Strike Exhibits 38 and Defendant Paul Evans' Motion to Strike Declaration of Eric Fruits 42 are taken under advisement as of 8/25/2006. Susan LaMarca; Jina Choi present as counsel for plaintiff(s). Robert Weaver Jr.; Celia Howes present as counsel for defendant(s). Court Reporter: Amanda LeGore. (gm) (Entered: 08/25/2006)
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| 54 |
Filed: 8/18/2006, Entered: None |
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Reply to Motion to Strike Paul Evans' Objections to and Motion to Strike the Declaration of Eric Fruits 42 . Filed by Paul Evans. (Kauffman, Samuel) (Entered: 08/18/2006)
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| 53 |
Filed: 8/4/2006, Entered: None |
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Reply in support of SEC's to Motion to Strike Exhiibits (1, 2 and 3) filed in Support of Def.'s Motion for Summay Judgment Declaration, 27 38 . Filed by Securities and Exchange Commission. (Attachments: # 1 Signature Page)(LaMarca, Susan) (Entered: 08/04/2006)
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Request |
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| 52 |
Filed: 8/4/2006, Entered: None |
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Memorandum in Opposition to def. Paul Evans' Motion to Strike the Declaration of Eric Fruits, Ph.D. to Motion to Strike 42 . Filed by Securities and Exchange Commission. (Attachments: # 1 Signature page)(LaMarca, Susan) (Entered: 08/04/2006)
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Request |
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| 51 |
Filed: 8/2/2006, Entered: None |
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CIVIL MINUTES: Record of Order by Judge Paul Papak: Resetting Defendant Paul Evans' Motion for Summary Judgment 24 , Plaintiff's Motion to Strike Exhiibits 38 and Defendant Paul Evans' Motion to Strike Declaration of Eric Fruits 42 from 8/16/2006 at 10:00AM to the Oral Argument Calendar of 8/25/2006 at 10:00AM in Courtroom 10-B. (gm) (Entered: 08/03/2006)
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| 50 |
Filed: 7/25/2006, Entered: None |
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CIVIL MINUTES: Record of Order by Judge Paul Papak: Setting Defendant Paul Evan's Motion to Strike Declaration of Eric Fruits 42 on the Oral Argument Calendar of 8/16/2006 at 10:00AM in Courtroom 10-B (at the time set for oral argument on dispositive motions). (gm) (Entered: 07/26/2006)
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Request |
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| 49 |
Filed: 7/24/2006, Entered: None |
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Declaration of Paul Evans In Support of Motion for Summary Judgment. Filed by Paul Evans. (Related document(s): Motion for Summary Judgment 24 .) (Attachments: # 1 Exhibit 1 Part 1# 2 Exhibit 1 Part 2# 3 Exhibit 1 Part 3# 4 Exhibit 1 Part 4# 5 Exhibit 1 Part 5# 6 Exhibit 1 Part 6# 7 Exhibit 1 Part 7# 8 Errata 1 Part 8# 9 Exhibit 1 Part 9# 10 Exhibit 1 Part 10# 11 Exhibit 1 Part 11# 12 Exhibit 1 Part 12# 13 Exhibit 1 Part 13# 14 Errata 1 Part 14# 15 Exhibit 1 Part 15)(Weaver, Robert) (Entered: 07/24/2006)
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| 48 |
Filed: 7/24/2006, Entered: None |
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Declaration of Celia Howes in Support of Paul Evans' Motion for Summary Judgment. Filed by Paul Evans. (Related document(s): Motion for Summary Judgment 24 .) (Attachments: # 1 Exhibit Exhibit 1, 2 and 3)(Weaver, Robert) (Entered: 07/24/2006)
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| 47 |
Filed: 7/24/2006, Entered: None |
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Reply Paul Evans' Reply Memorandum in Support of Motion for Summary Judgment to Motion for Summary Judgment 24 . Filed by Paul Evans.(Weaver, Robert) (Entered: 07/24/2006)
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Request |
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| 46 |
Filed: 7/24/2006, Entered: None |
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Response Paul Evans' Response to Securities and Exchange Commission's Motion to Strike Exhibits Filed in Support of Defendant Paul Evans' Motion for Summary Judgment to Motion to Strike 38 . Filed by Paul Evans.(Weaver, Robert) (Entered: 07/24/2006)
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Request |
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| 45 |
Filed: 7/24/2006, Entered: None |
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Response to Concise Statement of Material Facts regarding Motion for Summary Judgment 24 Paul Evans' Response to the Commission's Statement of Additional Facts. Filed by Paul Evans.(Weaver, Robert) (Entered: 07/24/2006)
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Request |
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| 44 |
Filed: 7/24/2006, Entered: None |
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Declaration of Robert C. Weaver (Re: Paul Evans' Objections to and Motion to Strike the Expert Witness Declaration of Eric Fruits). Filed by Paul Evans. (Related document(s): Motion to Strike 42 .)(Weaver, Robert) (Entered: 07/24/2006)
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Request |
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| 43 |
Filed: 7/24/2006, Entered: None |
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Memorandum in Support of Paul Evans' Objections to and Motion to Strike the Declaration of Eric Fruits. Filed by Paul Evans. (Related document(s): Motion to Strike 42 .)(Weaver, Robert) (Entered: 07/24/2006)
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Request |
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| 42 |
Filed: 7/24/2006, Entered: None |
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Motion to Strike Paul Evans' Objections to and Motion to Strike the Declaration of Eric Fruits. Filed by Paul Evans. (Weaver, Robert) (Entered: 07/24/2006)
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| Save 25% on a pre-paid one year subscription. |
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| 41 |
Filed: 7/20/2006, Entered: None |
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Response to Concise Statement of Material Facts regarding Motion for Summary Judgment 24 (Corrected) with Notice of Filing Corrected Copy. Filed by Securities and Exchange Commission. (Attachments: # 1 Notive of FIling Corrected Copy)(LaMarca, Susan) (Entered: 07/20/2006)
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Request |
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| 40 |
Filed: 7/17/2006, Entered: None |
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Notice of Disclosure of Expert Witness and Service of Expert Report. Filed by Robert C. Weaver, Jr appearing on behalf of Paul Evans.(Weaver, Robert) (Entered: 07/17/2006)
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Request |
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| 39 |
Filed: 7/13/2006, Entered: None |
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CIVIL MINUTES: Record of Order by Judge Paul Papak: Granting Plaintiff's Unopposed Motion to Exceed Page Limit 33 . Order: Setting Plaintiff's Motion to Strike Exhibits 38 on the Oral Argument Calendar of 8/16/2006 at 10:00AM in Courtroom 10-B (at the time set for oral argument on dispositive motions). (gm) (Entered: 07/13/2006)
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Request |
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| 38 |
Filed: 7/10/2006, Entered: None |
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Motion to Strike Exhiibits (1, 2 and 3) filed in Support of Def.'s Motion for Summay Judgment Declaration, 27 . Filed by Securities and Exchange Commission. (LaMarca, Susan) (Entered: 07/10/2006)
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Request |
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| 37 |
Filed: 7/10/2006, Entered: None |
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Declaration of Eric Fruits, Ph.D. (in support of Opposition, with Exhibit A). Filed by Securities and Exchange Commission. (Related document(s): Memorandum in Opposition 34 .)(LaMarca, Susan) (Entered: 07/10/2006)
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Request |
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| 36 |
Filed: 7/10/2006, Entered: None |
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Response to Concise Statement of Material Facts regarding Motion for Summary Judgment 24 and Statement of Additional Material Facts. Filed by Securities and Exchange Commission.(LaMarca, Susan) (Entered: 07/10/2006)
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Request |
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| 35 |
Filed: 7/10/2006, Entered: None |
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Declaration of Jina L. Choi. Filed by Securities and Exchange Commission. (Related document(s): Memorandum in Opposition 34 .) (Attachments: # 1 Exhibit)(LaMarca, Susan) (Entered: 07/10/2006)
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| 34 |
Filed: 7/10/2006, Entered: None |
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Memorandum in Opposition to Motion for Summary Judgment 24 Oral Argument requested. Filed by Securities and Exchange Commission.(LaMarca, Susan) (Entered: 07/10/2006)
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Request |
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| 33 |
Filed: 7/10/2006, Entered: None |
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Unopposed Motion to File Excess Pages in Response to Def.'s Statement of Material Facts re Motion for Summary Judgment 24 . Filed by Securities and Exchange Commission. (LaMarca, Susan) (Entered: 07/10/2006)
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Request |
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| 32 |
Filed: 7/10/2006, Entered: None |
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CIVIL MINUTES: Record of Order by Judge Paul Papak: Granting Defendant Paul Evans' Unopposed Motion to Extend Deadline for Exchange of Expert Statement 31 as follows: Exchange of Expert Witness Statements must be completed by 7/17/2006. (gm) (Entered: 07/10/2006)
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| 31 |
Filed: 7/7/2006, Entered: None |
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Unopposed Motion for Extension of Time for 7 days deadline for exchange of expert statement. Filed by Paul Evans. (Weaver, Robert) (Entered: 07/07/2006)
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Request |
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| 30 |
Filed: 6/30/2006, Entered: None |
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CIVIL MINUTES: Record of Order by Judge Paul Papak: Granting Plaintiff's Unopposed Motion for Extension of Time 29 as follows: Response to dispositive motions due by 7/10/2006. Reply to response to dispositive motions due by 7/24/2006. Order: Resetting Defendant Paul Evans' Motion for Summary Judgment 24 from 8/9/2006 at 10:00AM to the Oral Argument Calendar of 8/16/2006 at 10:00AM in Courtroom 10-B. (gm) (Entered: 06/30/2006)
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| 29 |
Filed: 6/27/2006, Entered: None |
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Unopposed Motion for Extension of Time to File a Response/Reply to def.'s motion for summary judgment, and to change hearing date to Motion for Summary Judgment 24 . Filed by Securities and Exchange Commission. (LaMarca, Susan) (Entered: 06/27/2006)
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Request |
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| 28 |
Filed: 6/20/2006, Entered: None |
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CIVIL MINUTES: Record of Order by Judge Paul Papak: Granting Defendant Paul Evans' Unopposed Motion to Extend Exchange of Expert Statements Deadline 23 as follows: Exchange of Expert Witness Statements must be completed by 7/10/2006. Order: Setting Defendant Paul Evans' Motion for Summary Judgment 24 on the Oral Argument Calendar of 8/9/2006 at 10:00AM in Courtroom 10-B. (gm) (Entered: 06/22/2006)
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| 27 |
Filed: 6/19/2006, Entered: None |
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Declaration of Robert C. Weaver (Re: Paul Evans' Motion for Summary Judgment). Filed by Paul Evans. (Related document(s): Motion for Summary Judgment 24 .) (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9)(Weaver, Robert) (Entered: 06/19/2006)
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Request |
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| 26 |
Filed: 6/19/2006, Entered: None |
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Concise Statement of Material Fact. Filed by Paul Evans. (Related document(s): Motion for Summary Judgment 24 .)(Weaver, Robert) (Entered: 06/19/2006)
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Request |
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| 25 |
Filed: 6/19/2006, Entered: None |
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Memorandum in Support of Paul Evans' Motion for Summary Judgment. Filed by Paul Evans. (Related document(s): Motion for Summary Judgment 24 .)(Weaver, Robert) (Entered: 06/19/2006)
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Request |
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| 24 |
Filed: 6/19/2006, Entered: None |
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Motion for Summary Judgment. Oral Argument requested Filed by Paul Evans. (Weaver, Robert) (Entered: 06/19/2006)
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Request |
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| 23 |
Filed: 6/19/2006, Entered: None |
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Unopposed Motion for Extension of Discovery & PTO Deadlines Motion to Extend for 21 Days Deadline for Exchange of Expert Statements. Filed by Paul Evans. (Weaver, Robert) (Entered: 06/19/2006)
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Request |
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| 22 |
Filed: 6/19/2006, Entered: None |
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Notice of Disclosure of Expert Witness and Service of Expert Report. Filed by Susan F. LaMarca appearing on behalf of Securities and Exchange Commission.(LaMarca, Susan) (Entered: 06/19/2006)
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Request |
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| 21 |
Filed: 5/18/2006, Entered: None |
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CIVIL MINUTES: Record of Order by Judge Paul Papak: Granting the Joint Motion to Extend Dispositive Motions and Expert Disclosure Deadlines 20 as follows: Dispositive Motions are due by 6/19/2006. Exchange of Expert Witness Statements deadline reset to 6/19/2006. Pretrial Order is due by 7/19/2006 or until 30 days after this Court's final ruling in dispositive motions, whichever date is later. (gm) (Entered: 05/22/2006)
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| 20 |
Filed: 5/16/2006, Entered: None |
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Joint Motion for Extension of Discovery & PTO Deadlines to Extend by 30 Days Deadline for Dispositive Motions and Expert Disclosures. Filed by Securities and Exchange Commission. (LaMarca, Susan) (Entered: 05/16/2006)
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Request |
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| 19 |
Filed: 4/21/2006, Entered: None |
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Joint ADR Report. Filed by Securities and Exchange Commission.(LaMarca, Susan) (Entered: 04/21/2006)
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Request |
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| 18 |
Filed: 4/12/2006, Entered: None |
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CIVIL MINUTES: Record of Order by Judge Paul Papak: Granting the Joint Motion to Take Deposition of Defendant Paul Evans Outside the Discovery Cut-Off 17 . (gm) (Entered: 04/12/2006)
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| 17 |
Filed: 4/7/2006, Entered: None |
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Joint Motion for Extension of Discovery & PTO Deadlines to Take Deposition of Def. Paul Evans Outside Discovery Cut-Off. Filed by Securities and Exchange Commission. (LaMarca, Susan) (Entered: 04/07/2006)
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Request |
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| 16 |
Filed: 1/31/2006, Entered: None |
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CIVIL MINUTES: Record of Proceedings before Judge Paul Papak: Rule 16 Conference held 1/31/06. Order Resetting the following deadlines: Discovery is to be completed by 4/21/2006. Joint Alternate Dispute Resolution Report is due by 4/21/2006. Written consents, if any, should be submitted by 4/21/2006. Dispositive Motions are due by 5/19/2006. Exchange of Expert Witness Statements must be completed by 5/19/2006. Pretrial Order is due by 6/19/2006 or until 30 days after this Court's final ruling on dispositive motions, whichever date is later. Susan LaMarca (by telephone); Jina Choi (by telephone) present as counsel for plaintiff(s). Marc Blackman; Robert Weaver present as counsel for defendant(s). Court Reporter: (None). (gm) (Entered: 02/01/2006)
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| 15 |
Filed: 1/10/2006, Entered: None |
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CIVIL MINUTES: Record of Order by Judge Paul Papak: Resetting the Rule 16 Conference from 1/23/2006 at 1:30PM to 1/31/2006 at 11:00AM in Chambers. Local Rules 16.2(b) and 26.1(a)(b) require that counsel confer prior to the conference. At the conference, counsel should be prepared to discuss the status of the case, relevant dates and deadlines, and any other significant issues. If consents are going to be filed, it is helpful if they are filed prior to the time of the conference, particularly if a firm trial date is desired. (gm) (Entered: 01/11/2006)
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| 14 |
Filed: 11/1/2005, Entered: None |
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CIVIL MINUTES: Record of Order by Judge Paul Papak: Rule 16 Conference set for 1/23/2006 at 1:30PM in Chambers. Local Rules 16.2(b) and 26.1(a)(b) require that counsel confer prior to the conference. At the conference, counsel should be prepared to discuss the status of the case, relevant dates and deadlines, and any other significant issues. If consents are going to be filed, it is helpful if they are filed prior to the time of the conference, particularly if a firm trial date is desired. (gm) (Entered: 11/08/2005)
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| 13 |
Filed: 10/31/2005, Entered: None |
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Answer to Complaint with Jury Demand. Filed by Paul Evans.(Kauffman, Samuel) (Entered: 10/31/2005)
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Request |
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| 12 |
Filed: 10/25/2005, Entered: None |
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Certificate of Service by Securities and Exchange Commission of Record of Order by Judge Paul Papak 11 . Filed by Securities and Exchange Commission. (LaMarca, Susan) (Entered: 10/25/2005)
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Request |
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| 11 |
Filed: 10/13/2005, Entered: None |
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CIVIL MINUTES: Record of Order by Judge Paul Papak: Granting Plaintiff's Unopposed Motion to Extend Pretrial and Discovery Deadlines 10 as follows: Discovery to be completed by 2/21/2006. Dispositive Motions due by 2/21/2006. Pretrial Order due by 3/23/2006. Joint Alternate Dispute Resolution Report due by 3/23/2006. (gm) (Entered: 10/14/2005)
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Request |
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| 10 |
Filed: 10/13/2005, Entered: None |
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Unopposed Motion for Extension of Discovery & PTO Deadlines (with Proposed Order). Filed by Securities and Exchange Commission. (Attachments: # 1 Proposed Order) (LaMarca, Susan) (Entered: 10/13/2005)
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Request |
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| 9 |
Filed: 9/29/2005, Entered: None |
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Answer to Complaint. Filed by Philip Evans.(eo, ) (Entered: 10/03/2005)
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Request |
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| 8 |
Filed: 9/28/2005, Entered: None |
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Notice of Case Reassignment: This case has been reassigned to Judge Paul Papak. (Meyer, Craig) (Entered: 09/28/2005)
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Request |
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| 7 |
Filed: 9/16/2005, Entered: None |
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Certificate of Service by Securities and Exchange Commission of Civil Case Assignment Order and Discovery and Pretrial Scheduling Order, with Attachments. Filed by Securities and Exchange Commission. (LaMarca, Susan) (Entered: 09/16/2005)
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Request |
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| 6 |
Filed: 9/8/2005, Entered: None |
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Return of Service of summons and complaint. Service executed upon Paul Evans on 08/31/05. Filed by Securities and Exchange Commission. (LaMarca, Susan) (Entered: 09/08/2005)
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Request |
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| 5 |
Filed: 9/8/2005, Entered: None |
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Return of Service of summons and complaint. Service executed upon Philip Evans on 08/02/2005. Filed by Securities and Exchange Commission. (LaMarca, Susan) (Entered: 09/08/2005)
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Request |
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| 4 |
Filed: 8/3/2005, Entered: None |
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Return of Service executed upon Philip Evans on 8/2/05. (cp, ) (Entered: 08/04/2005)
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Request |
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| 3 |
Filed: 7/26/2005, Entered: None |
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Acceptance of Service. Service executed on July 26, 2005 as to Complaint 1 . Filed by Philip Evans. (cp, ) (Entered: 08/01/2005)
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Request |
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| 2 |
Filed: 7/26/2005, Entered: None |
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Discovery and Pretrial Scheduling Order and Notice of Case Assignment to the Honorable Ann L. Aiken. Discovery to be completed by 11/23/2005. Joint Alternate Dispute Resolution Report due by 12/23/2005.Pretrial Order due by 12/23/2005. Ordered by Judge Ann L. Aiken. (eo, ) (Entered: 07/26/2005)
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Request |
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| 1 |
Filed: 7/26/2005, Entered: None |
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Complaint. Summons issued as to Philip Evans, Paul Evans.Filed by Securities and Exchange Commission against Philip Evans, Paul Evans.(eo, ) (Entered: 07/26/2005)
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