Frog, Switch & Manuf v. Denson, et al

Federal Civil Lawsuit Pennsylvania Middle District Court, Case No. 1:01-cv-01746
District Judge Sylvia H. Rambo, presiding
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District Judge Sylvia H. Rambo
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Summary

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Parties
No Logo Frog, Switch & Manufacturing Company,, Plaintiff
Officially listed as "Frog, Switch & Manufacturing Company, The"

Represented by McNees Wallace & Nurick, LLC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Debra P. Fourlas +1 717 237 5201 +1 717 237 5300 dfourlas@mwn.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Andrew L. Levy +1 717 237 5252 +1 717 260 1719 alevy@mwn.com
v.
No Logo Commissioner Carl E. Denson, Defendant

Represented by Pennsylvania Board of Probation & Parole

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Linda S. Lloyd +1 717 346 8300 lilloyd@state.pa.us
No Logo Commissioner Daniel D. Yun, Defendant

Represented by Pennsylvania Board of Probation & Parole

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Linda S. Lloyd +1 717 346 8300 lilloyd@state.pa.us
No Logo Commissioner Elizabeth C. Umstattd, Defendant

Represented by Pennsylvania Board of Probation & Parole

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Linda S. Lloyd +1 717 346 8300 lilloyd@state.pa.us
No Logo Commissioner Gregory I. Celia, Jr., Defendant

Represented by Pennsylvania Board of Probation & Parole

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Linda S. Lloyd +1 717 346 8300 lilloyd@state.pa.us
No Logo Commissioner Joseph J. Borgia, Defendant

Represented by Pennsylvania Board of Probation & Parole

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Linda S. Lloyd +1 717 346 8300 lilloyd@state.pa.us
No Logo Commissioner M. Joel Bolstein, Defendant

Represented by Pennsylvania Board of Probation & Parole

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Linda S. Lloyd +1 717 346 8300 lilloyd@state.pa.us
No Logo Commissioner Raquel Otero de Yiengst, Defendant

Represented by Pennsylvania Board of Probation & Parole

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Linda S. Lloyd +1 717 346 8300 lilloyd@state.pa.us
No Logo Commissioner Sylvia A. Waters, Defendant

Represented by Pennsylvania Board of Probation & Parole

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Linda S. Lloyd +1 717 346 8300 lilloyd@state.pa.us
No Logo Commissioner Theotis W. Braddy, Defendant

Represented by Pennsylvania Board of Probation & Parole

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Linda S. Lloyd +1 717 346 8300 lilloyd@state.pa.us
No Logo Homer C. Floyd, Defendant

Represented by Pennsylvania Board of Probation & Parole

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Linda S. Lloyd +1 717 346 8300 lilloyd@state.pa.us
No Logo Wilmer J. Baker, Defendant

Represented by Law Offices of Richard C. Gaffney, Jr.

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Richard C. Gaffney, Jr. +1 717 975 9033
Attributes
Citation Section 28 U.S.C. § 2201
Nature of Suit 790 - Labor: Other
Timeline
  Entries (54) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 54 Filed: 2/6/2003, Entered: None Court Filing
JUDGMENT by Judge Rambo in favor of the defendants' and against the plaintiff; Case terminated (cc: all counsel, court, orig. to security) (ma) (Entered: 02/06/2003)
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Legal Document (Payment Possibly Required) 53 Filed: 2/6/2003, Entered: None Court Filing
ORDER by Judge Sylvia H. Rambo ADOPTING the REPORT AND RECOMMENDATIONS [45-1] of MJ Smyser; GRANTING dfts' mtn for s/j [39-1]; DENYING pltf's mtn for s/j [36-1]; Clerk to enter jgmnt and close case. (cc: all counsel, court, orig to security) (ma) (Entered: 02/06/2003)
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Blank 52 Filed: 2/6/2003, Entered: None Court Filing
MEMORANDUM by Judge Sylvia H. Rambo re. MJ Smyser's R&R, and cross mtns for s/j [36-1] and [39-1] (cc: all counsel, court, orig to security) (ma) (Entered: 02/06/2003)
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Legal Document (Payment Possibly Required) 51 Filed: 1/24/2003, Entered: None Court Filing
MINUTE SHEET of Oral Argument held; time cmnc'd 10:55 am; time trm'd 11:35 am; Court opens w/all cnsl prsnt; Judge addresses cnsl and summs proceeding. Cnsl argue their positions. Issues addressed: M.J's analysis, Garman Pre-emption, Title 7, NLRA, NLRB and the PHRC. Disagreement lies w/the exception in title 7. Court takes under advisement. (cc: court, kfk, mja) (ma) (Entered: 01/27/2003)
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Legal Document (Payment Possibly Required) 50 Filed: 1/3/2003, Entered: None Court Filing
ORDER by Judge Sylvia H. Rambo oral argument will be held on pltf's objs to R&R of magistrate judge, and dfts' responses thereto, 11:00 a.m. on 1/24/03 (cc: all counsel court, ctrm dep, ctrptr) (vg) (Entered: 01/03/2003)
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Legal Document (Payment Possibly Required) 49 Filed: 11/29/2002, Entered: None Court Filing
REPLY BRIEF by plaintiff in support of objections to Mag Judge Smysers report and recommendation; c/s (pm) (Entered: 12/02/2002)
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Legal Document (Payment Possibly Required) 48 Filed: 11/15/2002, Entered: None Court Filing
BRIEF FILED by dfts IN OPPOSITION to pltf's Objections [46-1] to Mag. Judge Smyser's Report and Recommendation dtd 10/17/02; with c/s. (rb) (Entered: 11/18/2002)
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Legal Document (Payment Possibly Required) 47 Filed: 10/31/2002, Entered: None Court Filing
BRIEF by plaintiff - Frog, Switch & Manufacturing Company IN SUPPORT of objections to Magistrate Judge Smyser's REPORT AND RECOMMENDATION [45-1]; with c/s. (rw) (Entered: 11/01/2002)
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Legal Document (Payment Possibly Required) 46 Filed: 10/31/2002, Entered: None Court Filing
OBJECTIONS by plaintiff - Frog, Switch & Manufacturing Company to [45-1] REPORT AND RECOMMENDATION of the Magistrate Judge Dated October 17,2002; with c/s. (rw) (Entered: 11/01/2002)
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Legal Document (Payment Possibly Required) 45 Filed: 10/17/2002, Entered: None, Terminated: 2/6/2003 Court Filing
NOTICE/ REPORT AND RECOMMENDATIONS by Mag. Judge J. A. Smyser: recommending that Defts' mtn. for sum/jgm be granted & the case file be closed [39-1]; Pltf's mtn. for sum/jgm be denied [36-1]; Objections to R and R due 11/5/02 (cc: J. Rambo; MJ Smyser; Tickler; all counsel) (js) (Entered: 10/17/2002)
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Legal Document (Payment Possibly Required) 44 Filed: 9/23/2002, Entered: None
REPLY BRIEF by pltf Frog, Switch & Manufacturing Co. IN SUPPORT of mtn for s/j [36-1]; with c/s. (sc) (Entered: 09/24/2002)
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Legal Document (Payment Possibly Required) 43 Filed: 9/9/2002, Entered: None
BRIEF by plaintiff Frog, Switch & Manuf IN OPPOSITION to State Dfts' motion for summary judgment [39-1]; reply brief due 9/23/02; C/S. (vg) (Entered: 09/10/2002)
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Legal Document (Payment Possibly Required) 42 Filed: 9/5/2002, Entered: None
BRIEF by defendants IN OPPOSITION to mtn for sumjgm [36-1]; rplybr due 9/18/02; with exh and c/s. (sc) (Entered: 09/06/2002)
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Legal Document (Payment Possibly Required) 41 Filed: 8/21/2002, Entered: None
DOCUMENTS by State dfts in support of their mtn for summary judgment [39-1] with exhibits and c of s. (ma) (Entered: 08/22/2002)
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Legal Document (Payment Possibly Required) 40 Filed: 8/21/2002, Entered: None
BRIEF by State dfts IN SUPPORT of their mtn for summary judgment [39-1] with c of s. (ma) (Entered: 08/22/2002)
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Legal Document (Payment Possibly Required) 39 Filed: 8/21/2002, Entered: None
MOTION by State dfts for summary judgment with c of s. (ma) (Entered: 08/22/2002)
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Legal Document (Payment Possibly Required) 38 Filed: 8/21/2002, Entered: None
STATEMENT OF UNDISPUTED MATERIAL FACTS by plf - Frog, Switch & Manufacturing Co. in support of motion for summary judgment [36-1] with c of s. (ma) (Entered: 08/22/2002)
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Legal Document (Payment Possibly Required) 37 Filed: 8/21/2002, Entered: None
BRIEF by plf - Frog, Switch & Manufacturing Co. IN SUPPORT of motion for summary judgment [36-1] with c of s. (ma) (Entered: 08/22/2002)
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Legal Document (Payment Possibly Required) 36 Filed: 8/21/2002, Entered: None
MOTION by plf - Frog, Switch & Manufacturing Co. for summary judgment . With cert of non-conc, c of s. (ma) (Entered: 08/22/2002)
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Legal Document (Payment Possibly Required) 35 Filed: 8/19/2002, Entered: None Court Filing
ORDER by Mag. Judge J. A. Smyser granting motion to exceed page limitation in its brief supporting the motion for summary judgment [34-1] (cc: all counsel court) (js) (Entered: 08/19/2002)
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Legal Document (Payment Possibly Required) 34 Filed: 8/16/2002, Entered: None, Terminated: 8/19/2002
MOTION by Pltf. Frog, Switch & Manuf to exceed page limitation in its brief supporting the motion for summary judgment . Concurrence of defts noted. (c/s) Propo (js) (Entered: 08/19/2002)
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Legal Document (Payment Possibly Required) 33 Filed: 8/15/2002, Entered: None
STIPULATION OF FACTS, with concur. (rw) (Entered: 08/16/2002)
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Legal Document (Payment Possibly Required) 32 Filed: 7/23/2002, Entered: None Court Filing
ORDER by Judge Sylvia H. Rambo GRANTING mtn for an exttm [31-1] to file dispos. mtns. DDL ext'd to 8/21/02 (cc: all counsel, court) (ma) (Entered: 07/23/2002)
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Legal Document (Payment Possibly Required) 31 Filed: 7/18/2002, Entered: None, Terminated: 7/23/2002
UNCONTESTED MOTION by defendants Commissioner Carl E. Denson, Commissioner Raquel Otero de Yiengst, Commissioner Gregory I. Celia, Jr., Commissioner M. Joel Bolstein, Commissioner Joseph J. Borgia, Commissioner Theotis W. Braddy, Commissioner Elizabeth C. Umstattd, Commissioner Sylvia A. Waters, Commissioner Daniel D. Yun and Homer C. Floyd for an enlargement of time of 30 days to file dispositive mtns with cert of conc, proposed order and c of s. (jc) (Entered: 07/19/2002)
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Legal Document (Payment Possibly Required) 30 Filed: 7/10/2002, Entered: None
ANSWER by defendant Wilmer J. Baker to pltf's complaint and c of s. (jc) (Entered: 07/11/2002)
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Legal Document (Payment Possibly Required) 29 Filed: 6/25/2002, Entered: None
ANSWER by State Defendants to Complaint; with c/s. (sc) (Entered: 06/26/2002)
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Legal Document (Payment Possibly Required) 28 Filed: 6/20/2002, Entered: None Court Filing
ORDER by Judge Sylvia H. Rambo GRANTING pltf's mtn for an exttm [26-1] to file mtns for s/j and supporting briefs to 30 days. Disp. mtns and brfs ddl ext'd to 7/22/02. (cc: all counsel, court) (ma) (Entered: 06/20/2002)
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Legal Document (Payment Possibly Required) 27 Filed: 6/20/2002, Entered: None Court Filing
MEMORANDUM AND ORDER by Judge Sylvia H. Rambo ADOPTING the REPORT AND RECOMMENDATION [21-1] of MJ. Smyser and DENYING the dfts' mtns to dismiss [8-1] and [7-1]; Case referred to M.J. Smyser (cc: all counsel, court, MJ Smyser) (ma) (Entered: 06/20/2002)
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Legal Document (Payment Possibly Required) 26 Filed: 6/17/2002, Entered: None, Terminated: 6/20/2002
UNCONTESTED MOTION by plaintiff for an extension of time to file mtns for summary judgment and supporting briefs to 30 days. ; C/S, concurr. (pm) (Entered: 06/18/2002)
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Legal Document (Payment Possibly Required) 25 Filed: 4/29/2002, Entered: None
BRIEF FILED by plaintiff - Frog, Switch & Manufacturing Co. IN OPPOSITION TO report & recommendation objection [23-1], IN OPPOSTION TO report recommendation objection [22-1]; with c/s. (rb) (Entered: 04/30/2002)
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Legal Document (Payment Possibly Required) 24 Filed: 4/12/2002, Entered: None
BRIEF FILED by State Defendants regarding report & recommendation objection [23-1], regarding SUPPLEMENTAL REPORT AND RECOMMENDATION [21-1]; C/S. (vg) (Entered: 04/15/2002)
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Legal Document (Payment Possibly Required) 23 Filed: 4/12/2002, Entered: None
OBJECTIONS by State Defendants to [21-1] REPORT AND RECOMMENDATION (vg) (Entered: 04/15/2002)
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Legal Document (Payment Possibly Required) 22 Filed: 4/12/2002, Entered: None
OBJECTIONS by defendant Wilmer J. Baker to [21-1] SUPPLEMENTAL REPORT AND RECOMMENDATION; C/S. (vg) (Entered: 04/15/2002)
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Legal Document (Payment Possibly Required) 21 Filed: 3/28/2002, Entered: None Court Filing
SUPPLEMENTAL REPORT AND RECOMMENDATION by M.J. Smyser - Recommending that the mtns of the dfts to dismiss the complaint be and that the case be remanded to the undersigned for proceedings. [8-1], [7-1]; NOTICE RE: Objections att'd. Objections to R and R due 4/16/02. (cc: cnsl, Judge, Mag. Judge, Tickler) (sc) Modified on 03/29/2002 (Entered: 03/28/2002)
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Legal Document (Payment Possibly Required) 20 Filed: 3/22/2002, Entered: None Court Filing
Case Management ORDER by Mag. Judge J. A. Smyser, IT IS ORDERED that all discovery shalll be completed by 4/15/02 and that any dispositive mtn shall be filed, as well as the supporting br on or before 7/1/02 (cc:ctrmdeputy, counsel,ct) (pm) (Entered: 03/25/2002)
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Legal Document (Payment Possibly Required) 19 Filed: 3/22/2002, Entered: None
Minute Sheet of CMC held before MJ Smyser;Cnsl present; Dispositive mtns ddln of 7/1 set;Parties believe no dispositive issues of fact-no trial date set. termddl (pm) (Entered: 03/25/2002)
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Legal Document (Payment Possibly Required) 18 Filed: 3/15/2002, Entered: None
CASE MANAGEMENT FORM returned by cnsl. (jc) (Entered: 03/18/2002)
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Legal Document (Payment Possibly Required) 17 Filed: 3/15/2002, Entered: None Court Filing
ORDER by Judge Sylvia H. Rambo; Case remanded to Mag. Judge J. A. Smyser (cc: all counsel, court, MJ Smyser) (ma) (Entered: 03/15/2002)
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Legal Document (Payment Possibly Required) 16 Filed: 2/11/2002, Entered: None Court Filing
ORDER by Mag. Judge J. A. Smyser Case Management Conference set for 1:30 p.m. on 3/22/02. (cc: all counsel & Ct., Ct. Dpty.) (jc) (Entered: 02/11/2002)
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Legal Document (Payment Possibly Required) 15 Filed: 1/28/2002, Entered: None
BRIEF filed by plaintiff IN OPPOSITION to defts' joint objs. to the R & R and c of s. [13-1] (jc) (Entered: 01/30/2002)
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Legal Document (Payment Possibly Required) 14 Filed: 1/16/2002, Entered: None
JOINT BRIEF FILED by defendants in support of report & recommendation objection [13-1], regarding REPORT AND RECOMMENDATION [12-1]; C/S. (vg) (Entered: 01/17/2002)
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Legal Document (Payment Possibly Required) 13 Filed: 1/16/2002, Entered: None Court Filing
JOINT OBJECTIONS by defendants to [12-1] REPORT AND RECOMMENDATION of Magistrate Judge, dated 1/2/02. (vg) (Entered: 01/17/2002)
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Legal Document (Payment Possibly Required) 12 Filed: 1/2/2002, Entered: None Court Filing
REPORT AND RECOMMENDATION - by Mag. Judge J. A. Smyser: Recommending that the mtns. of the defts. to dismiss the complt. be denied. [8-1] [7-1] NOTICE RE: objs. attached. Objections to R and R due 1/22/02 (cc: all counsel, Crt., Mag. & Tickler) (am) (Entered: 01/03/2002)
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Legal Document (Payment Possibly Required) 11 Filed: 12/10/2001, Entered: None
LETTER to court from State Defendants dtd 12/10/01 informing the court that they will not be filing a reply brief to pltf's bropp to the mtn to dismiss. (sc) (Entered: 12/12/2001)
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Legal Document (Payment Possibly Required) 10 Filed: 12/5/2001, Entered: None
BRIEF by plaintiff Frog, Switch & Manuf IN OPPOSITION to motions to dismiss [8-1] [7-1]; reply brief due 12/18/01; with c/s. (sc) (Entered: 12/06/2001)
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Legal Document (Payment Possibly Required) 9 Filed: 11/19/2001, Entered: None
JOINT BRIEF by defendants IN SUPPORT of their motions to dismiss and c of s. [8-1] [7-1] (jc) (Entered: 11/20/2001)
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Legal Document (Payment Possibly Required) 8 Filed: 11/13/2001, Entered: None
MOTION by defendant Wilmer J. Baker to dismiss for failure to state a claim upon which relief may be granted with proposed order and c of s. (jc) (Entered: 11/14/2001)
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Legal Document (Payment Possibly Required) 7 Filed: 11/7/2001, Entered: None
MOTION by defendants Commissioner Carl E. Denson, Commissioner Raquel Otero de Yiengst, Commissioner Gregory I. Celia Jr., Commissioner M. Joel Bolstein, Commissioner Joseph J. Borgia, Commissioner Theotis W. Braddy, Commissioner Elizabeth C. Umstattd, Commissioner Sylvia A. Waters, Commissioner Daniel D. Yun, Homer C. Floyd to dismiss complt. ; C/S, Propo (pm) (Entered: 11/08/2001)
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Legal Document (Payment Possibly Required) 6 Filed: 10/12/2001, Entered: None
ENTRY OF ATTORNEY APPEARANCE - for Commissioner Carl E. Denson, Commissioner Raquel Otero de Yiengst, Commissioner Gregory I. Celia Jr., Commissioner M. Joel Bolstein, Commissioner Joseph J. Borgia, Commissioner Theotis W. Braddy, Commissioner Elizabeth C. Umstattd, Commissioner Sylvia A. Waters, Commissioner Daniel D. Yun, Homer C. Floyd by Atty. Lloyd. (c/s) (am) (Entered: 10/15/2001)
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Legal Document (Payment Possibly Required) 5 Filed: 10/9/2001, Entered: None
RETURN OF SERVICE executed upon defendants by personal service on 9/17/01. (vg) (Entered: 10/10/2001)
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Legal Document (Payment Possibly Required) 4 Filed: 10/3/2001, Entered: None Court Filing
ORDER by Mag. Judge J. A. Smyser AAND NOW, this 2nd day of October, 2001, upon consideration of mtn to enlarge time for responding to complt. filed by defts, IT IS HEREBY ORDERED that mtn is GRANTED. State defts' response to complt is due on or before 11/8/01. [3-1] 11/8/01 (cc: all counsel court) (pm) (Entered: 10/04/2001)
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Legal Document (Payment Possibly Required) 3 Filed: 10/1/2001, Entered: None
MOTION by State Dfts, Commissioner Carl E. Denson, Commissioner Raquel Otero de Yiengst, Commissioner Gregory I. Celia Jr., Commissioner M. Joel Bolstein, Commissioner Joseph J. Borgia, Commissioner Theotis W. Braddy, Commissioner Elizabeth C. Umstattd, Commissioner Sylvia A. Waters, Commissioner Daniel D. Yun, Homer C. Floyd to extend time for (30) days to answer complt ; Cert. of Conc.; C/S; Propo. (vg) (Entered: 10/02/2001)
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Legal Document (Payment Possibly Required) 2 Filed: 9/18/2001, Entered: None
LETTER - from Court to cnsl. dated 9/17/01 re: case assignment and procedure. (jc) (Entered: 09/19/2001)
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Legal Document (Payment Possibly Required) 1 Filed: 9/13/2001, Entered: None
COMPLAINT - N/C to cnsl.; no jury trial demanded. Receipt #: 111 134806 Amt: $150.00 (jc) (Entered: 09/14/2001)
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