Name: SMITH, et al v. UNITED STATES :: Pennsylvania Western District Court :: Federal Civil Lawsuit No. 1:02-cv-00264-SJM
Creator: Pennsylvania Western District Court
Published: 2002-09-05
License: https://creativecommons.org/publicdomain/mark/1.0/
Keywords: court documents, legal case, docket, PACER, Pennsylvania Western District Court

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117	Filed: 4/17/2007, Entered: 4/17/2007	Satisfaction of Judgment
	SATISFACTION OF JUDGMENT as to Defendant United States of America by SIDNEY E. SMITH, III. (Delaney, W.)
	Request

116	Filed: 12/5/2006, Entered: 12/5/2006	USCA Order-Terminates Appeal
	ORDER of USCA as to [110] Notice of Appeal,, filed by UNITED STATES, (pdb3, ). Case is dismissed on agreement of the parties. Modified on 12/6/2006 (sdp).
	Request

115	Filed: 11/3/2006, Entered: 11/3/2006, Terminated: 12/5/2006	USCA Order- (Does Not Terminate Appeal)
	ORDER of USCA as to [110] Notice of Appeal,, filed by UNITED STATES, (pdb3, )Order granting motion to amend caption.
	Request

114	Filed: 10/25/2006, Entered: 10/25/2006	Transcript
	TRANSCRIPT of Post-trial Proceedings held on 12-20-05 before Judge Sean J. McLaughlin. Court Reporter: Ron Bench. The parties have five (5) business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court or the court reporter/transcriber. Notice of Intent for Redaction of Personal Data Identifiers due by 11/8/2006. (sdp, )
	Request

--	Filed: 10/25/2006, Entered: 10/25/2006, Terminated: 12/5/2006	Appeal Record Complete
	Record complete for Appeal purposes. (sdp)


--	Filed: 9/27/2006, Entered: 9/27/2006	Quality Control message - Duplicate entry
	CLERK'S OFFICE QUALITY CONTROL MESSAGE. re [112] TPO (Transcript Purchase Order Request), [113] TPO (Transcript Purchase Order Request) ERROR: Documents are duplicates. CORRECTION: Duplicate document No. 112. terminated. These submissions will remain on the docket unless otherwise ordered by the Court. This message is for informational purposes only. (dm)


113	Filed: 9/22/2006, Entered: 9/22/2006, Terminated: 12/5/2006	TPO (Transcript Purchase Order Request)
	TRANSCRIPT REQUEST by UNITED STATES for proceedings held on 12/20/05 before Judge McLaughlin, re [110] Notice of Appeal,, (Dale, Ivan)
	Request

112	Filed: 9/22/2006, Entered: 9/22/2006, Terminated: 9/27/2006	TPO (Transcript Purchase Order Request)
	TRANSCRIPT REQUEST by UNITED STATES for proceedings held on 12/20/05 before Judge McLaughlin, re [110] Notice of Appeal,, (Dale, Ivan)
	Request

110	Filed: 9/8/2006, Entered: 9/8/2006, Terminated: 12/5/2006	Notice of Appeal
	NOTICE OF APPEAL as to [109] Order on Motion to Alter Judgment, Order on Motion for New Trial, [96] Judgment by UNITED STATES. Court Reporter Bench. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. The Transcript Purchase Order form will NOT be mailed to the parties. The form is available on the Court's internet site. (Attachments: # (1) Certificate of Service)(Dale, Ivan) Attachment 2


109	Filed: 7/13/2006, Entered: 7/13/2006	Order on Motion to Alter Judgment
	ORDER denying [97] Defendant's Motion to Alter Judgment and denying [99] Defendant's Motion for New Trial. Signed by Judge Sean J. McLaughlin on 7/13/06. (jdg)
	Request

108	Filed: 4/24/2006, Entered: 4/27/2006	Transcript
	TRANSCRIPT of Jury trial- Day 3-Proceedings held on 9-28-05 before Judge Sean J. McLaughlin. Court Reporter: Ron Bench. The parties have five (5) business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court or the court reporter/transcriber. Notice of Intent for Redaction of Personal Data Identifiers due by 5/8/2006. (sdp, )
	Request

107	Filed: 4/24/2006, Entered: 4/27/2006	Transcript
	TRANSCRIPT of Jury trial - Day 2 - Proceedings held on 9-27-05 before Judge Sean J. McLaughlin. Court Reporter: Ron Bench. The parties have five (5) business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court or the court reporter/transcriber. Notice of Intent for Redaction of Personal Data Identifiers due by 5/8/2006. (sdp, )
	Request

106	Filed: 4/24/2006, Entered: 4/27/2006	Transcript
	TRANSCRIPT of Jury trial-day 1- Proceedings held on 9-26-05 before Judge Sean J. McLaughlin. Court Reporter: Ron Bench. The parties have five (5) business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court or the court reporter/transcriber. Notice of Intent for Redaction of Personal Data Identifiers due by 5/8/2006. (sdp, )
	Request

--	Filed: 12/20/2005, Entered: 12/20/2005	Motion Hearing
	Text Minute Entry for proceedings held before Judge Sean J. McLaughlin: Motion Hearing held on 12/20/2005 re [99] MOTION for New Trial filed by UNITED STATES, [97]MOTION to Alter Judgment filed by UNITED STATES,. Motions are taken under advisement; Parties are to let Court know on or before 1/14/06 if they have resolved this situation. This is a Text only minute entry; no PDF document attached; this is an Official Court minute entry. (Court Reporter Ron Bench.) (nk)


--	Filed: 11/22/2005, Entered: 11/22/2005	Order Setting Hearing on Motion
	TEXT ORDER Setting Hearing on Motion [99] MOTION for New Trial, [97] MOTION to Alter Judgment: The Motion Hearing previously scheduled on 12/13/05 at 1:30 PM has been Cancelled; Motion Hearing is rescheduled for 12/20/2005 at 1:30 PM in Courtroom C before Judge Sean J. McLaughlin. This is a text only Order; no PDF document attached; this is an Official Court Order. Signed by Judge Sean J. McLaughlin on 11/22/05. (nk)


--	Filed: 11/8/2005, Entered: 11/8/2005	Notice of Hearing on Motion
	TEXT NOTICE of Hearing on Motion [99] MOTION for New Trial, [97] MOTION to Alter Judgment: Motion Hearing set for 12/13/2005 at 1:30 PM in Courtroom C before the Honorable Sean J. McLaughlin. This is a text-only Notice; no PDF document attached; this is an Official Court Notice.(nk)


--	Filed: 11/8/2005, Entered: 11/8/2005	Quality Control message - Document incorrectly lin
	CLERK'S OFFICE QUALITY CONTROL MESSAGE. re [103] Brief in Opposition to Motion ERROR: Document incorrectly linked. CORRECTION: Linked to appropriate document. This message is for informational purposes only. (sdp)


105	Filed: 11/7/2005, Entered: 11/8/2005	Brief in Opposition to Motion
	BRIEF in Opposition re [99] MOTION for New Trial filed by SIDNEY E. SMITH, III, JILL P. SMITH. (sdp)
	Request

104	Filed: 11/7/2005, Entered: 11/7/2005	Brief in Opposition to Motion
	BRIEF in Opposition re [97] MOTION to Alter Judgment /to Alter or Amend the Verdict filed by SIDNEY E. SMITH, III. (Delaney, W.)
	Request

103	Filed: 11/7/2005, Entered: 11/7/2005	Brief in Opposition to Motion
	BRIEF in Opposition re [97] MOTION to Alter Judgment to Alter or Amend the Verdict filed by SIDNEY E. SMITH, III. (Delaney, W.) Modified on 11/8/2005 (sdp). Modified on 11/8/2005 (sdp). Removed from public view. Redocketed.


102	Filed: 11/7/2005, Entered: 11/7/2005	Brief in Opposition to Motion
	BRIEF in Opposition re [99] MOTION for New Trial filed by SIDNEY E. SMITH, III. (Delaney, W.)
	Request

101	Filed: 10/18/2005, Entered: 10/18/2005	Response/Briefing Schedule
	Order Response re [99] Motion for New Trial, [97] Motion to Alter Judgment Response to Motions due by 11/7/2005. Signed by Judge Sean J. McLaughlin on 10/18/05. (nk)
	Request

100	Filed: 10/14/2005, Entered: 10/14/2005	Brief in Support of Motion
	BRIEF in Support re [99] MOTION for New Trial filed by UNITED STATES. (Cooper, Lindsey)
	Request

99	Filed: 10/14/2005, Entered: 10/14/2005, Terminated: 7/13/2006	Motion for New Trial
	MOTION for New Trial by UNITED STATES. (Attachments: # (1) Proposed Order)(Cooper, Lindsey)


98	Filed: 10/14/2005, Entered: 10/14/2005	Brief in Support of Motion
	BRIEF in Support re [97] MOTION to Alter Judgment filed by UNITED STATES. (Cooper, Lindsey)
	Request

97	Filed: 10/14/2005, Entered: 10/14/2005, Terminated: 7/13/2006	~Motion to Alter Judgment
	MOTION to Alter Judgment by UNITED STATES. (Attachments: # (1) Exhibit # (2) Proposed Order)(Cooper, Lindsey)


96	Filed: 9/29/2005, Entered: 9/29/2005	Judgment*
	JUDGMENT in favor of Plaintiffs, SIDNEY E. SMITH, III and JILL P. SMITH and against Defendant UNITED STATES OF AMERICA in the amount of $635,781.14 representing a tax refund plus interest through 9/29/2005. Signed by Judge Sean J. McLaughlin on 9/29/2005. (rlh) Modified on 4/19/2007. (tt)
	Request

95	Filed: 9/28/2005, Entered: 9/28/2005	Jury Verdict
	JURY VERDICT in favor of SIDNEY E. SMITH, III, JILL P. SMITH. (rlh)
	Request

94	Filed: 9/28/2005, Entered: 9/28/2005	Jury Questions
	Jury Questions. (rlh)
	Request

93	Filed: 9/28/2005, Entered: 9/28/2005	Jury Instructions
	Jury Instructions. (rlh)
	Request

92	Filed: 9/28/2005, Entered: 9/28/2005	Jury List
	Jury Panel Record. (rlh)
	Request

91	Filed: 9/28/2005, Entered: 9/28/2005	Exhibit
	Exhibit and Witness List. (rlh)
	Request

90	Filed: 9/28/2005, Entered: 9/28/2005	Jury Trial Completed
	Minute Entry for proceedings held before Judge Sean J. McLaughlin: Jury Trial completed on 9/28/2005. (Court Reporter Ron Bench.) (Attachments: # (1) clerk's memorandum) (rlh)


--	Filed: 9/28/2005, Entered: 9/28/2005	In Chambers Conference
	Text-entry only: no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. TEXT-MINUTE ENTRY for proceedings held before Judge Sean J. McLaughlin: In Chambers Conference held on 9/28/2005 re: jury charge. (Court Reporter Ron Bench.) (rlh)


--	Filed: 9/28/2005, Entered: 9/28/2005	Errata
	Errata re Hearing Out of Jury Presence held on 9/27/05, Reason for Correction: wrong date. (nk)


--	Filed: 9/28/2005, Entered: 9/28/2005	Hearing Out of Jury Presence
	Text-entry only: no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. TEXT-MINUTE ENTRY for proceedings held before Judge Sean J. McLaughlin: Hearing Out of Jury Presence held on 9/28/2005; Oral motion for directed verdict DENIED. (Court Reporter Ron Bench.) (rlh)


--	Filed: 9/27/2005, Entered: 9/28/2005	Jury Trial Held
	Text-entry only: no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. TEXT-MINUTE ENTRY for proceedings held before Judge Sean J. McLaughlin: Jury Trial held on 9/27/2005. (Court Reporter Ron Bench.) (rlh)


--	Filed: 9/27/2005, Entered: 9/27/2005	In Chambers Conference
	Text-entry only: no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. TEXT-MINUTE ENTRY for proceedings held before Judge Sean J. McLaughlin: In Chambers Conference held on 9/27/2005 re jury charge. (Court Reporter Ron Bench.) (rlh)


89	Filed: 9/26/2005, Entered: 9/26/2005	Proposed Jury Instructions
	SUPPLEMENTAL Proposed Jury Instructions by SIDNEY E. SMITH, III, JILL P. SMITH. (Delaney, W.) Modified on 9/27/2005 (sdp).
	Request

88	Filed: 9/26/2005, Entered: 9/26/2005	Motion Hearing
	Text-entry only: no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. TEXT-MINUTE Entry for proceedings held before Judge Sean J. McLaughlin: Motion Hearing held on 9/26/2005 re [77] MOTION in Limine to Exclude Certain Theories of Recovery filed by UNITED STATES, [68] MOTION in Limine to Partially Exclude the Expert Report and Proposed Testimony of Matthew J. Minnaugh filed by UNITED STATES. (Court Reporter Ron Bench.) (rlh)


--	Filed: 9/26/2005, Entered: 9/26/2005	Hearing Out of Jury Presence
	Text-entry only: no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. TEXT-MINUTE ENTRY for proceedings held before Judge Sean J. McLaughlin: Hearing Out of Jury Presence re clarification of the Court's ruliing on [77] Motion in Limine held on 9/26/2005. (Court Reporter Ron Bench.) (rlh)


--	Filed: 9/26/2005, Entered: 9/26/2005	Jury Trial Begun
	Text-entry only: no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. TEXT-MINUTE ENTRY for proceedings held before Judge Sean J. McLaughlin: Jury Trial begun on 9/26/2005. (Court Reporter Ron Bench.) (rlh)


--	Filed: 9/26/2005, Entered: 9/26/2005	Order on Motion in Limine
	Text entry only: no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. TEXT-ORDER that the Court finds [68] Motion in Limine is MOOT; [77] Motion in Limine is GRANTED for the reasons set forth on the record at the time of the argument. Signed by Judge Sean J. McLaughlin on 9/26/2005. (rlh)


87	Filed: 9/25/2005, Entered: 9/25/2005	Proposed Jury Instructions
	SUPPLEMENTAL Proposed Jury Instructions by SIDNEY E. SMITH, III, JILL P. SMITH. (Delaney, W.) Modified on 9/26/2005 (sdp, ).
	Request

86	Filed: 9/23/2005, Entered: 9/23/2005	Proposed Special Interrogatories
	REVISED PROPOSED SPECIAL INTERROGATORIES by UNITED STATES.. (Cooper, Lindsey) Modified on 9/26/2005 (sdp, ).
	Request

85	Filed: 9/23/2005, Entered: 9/23/2005	Proposed Jury Instructions
	REVISED Proposed Jury Instructions by UNITED STATES. (Cooper, Lindsey) Modified on 9/26/2005 (sdp, ).
	Request

84	Filed: 9/22/2005, Entered: 9/22/2005	Proposed Jury Instructions
	Proposed Jury Instructions by SIDNEY E. SMITH, III. (Delaney, W.)
	Request

83	Filed: 9/19/2005, Entered: 9/19/2005	Supplement
	SUPPLEMENT by SIDNEY E. SMITH, III to [52] Pretrial Statement. (Delaney, W.)
	Request

82	Filed: 9/19/2005, Entered: 9/19/2005	Order on Motion for Summary Judgment
	MEMORANDUM ORDER denying [54] Plaintiff's Motion for Summary Judgment, granting [61] Defendant's Motion for Summary Judgment, and adopting Magistrate Judge Baxter's Report and Recommendations [69]. Signed by Judge Sean J. McLaughlin on 9/19/05. (jdg)
	Request

81	Filed: 9/16/2005, Entered: 9/16/2005	Proposed Special Interrogatories
	PROPOSED SPECIAL INTERROGATORIES by UNITED STATES.. (Cooper, Lindsey)
	Request

80	Filed: 9/16/2005, Entered: 9/16/2005	Proposed Jury Instructions
	Proposed Jury Instructions by UNITED STATES. (Cooper, Lindsey)
	Request

79	Filed: 9/13/2005, Entered: 9/13/2005	Brief in Opposition to Motion
	BRIEF in Opposition re [77] MOTION in Limine to Exclude Certain Theories of Recovery filed by SIDNEY E. SMITH, III, JILL P. SMITH. (Attachments: # (1) Exhibit Refund Claim)(Delaney, W.)


78	Filed: 9/8/2005, Entered: 9/8/2005	Brief in Support of Motion
	BRIEF in Support re [77] MOTION in Limine to Exclude Certain Theories of Recovery filed by UNITED STATES. (Cooper, Lindsey)
	Request

77	Filed: 9/8/2005, Entered: 9/8/2005, Terminated: 9/26/2005	Motion in Limine
	MOTION in Limine to Exclude Certain Theories of Recovery by UNITED STATES. (Attachments: # (1) Exhibit # (2) Proposed Order)(Cooper, Lindsey)


--	Filed: 8/22/2005, Entered: 8/22/2005	Set Deadlines/Hearings:
	Motions in Limine due by 9/5/2005. Response to Motion due by 9/12/2005. Points for Charge due by 9/23/2005. (kas)


--	Filed: 8/22/2005, Entered: 8/22/2005	Jury Selection
	Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. Text-Minute Entry for proceedings held before Judge Sean J. McLaughlin : Jury Selection, Final Pretrial Conference. Government's motion [68] in limine to partially exclude Expert Report & Proposed Testimony of Matthew J. Minnaugh taken under advisement. Plaintiff's oral motion to bifurcate taken under advisement. Government has two weeks within which to file its additional motion in limine. Plaintiff has one week thereafter in which to file a response. Proposed jury instructions and verdict slip to be filed on or before the Friday preceding trial. (Court Reporter Ron Bench.) (kas)


76	Filed: 8/19/2005, Entered: 8/19/2005	Proposed Voir Dire
	Proposed Voir Dire by SIDNEY E. SMITH, III, JILL P. SMITH. (Delaney, W.)
	Request

75	Filed: 8/19/2005, Entered: 8/19/2005	Proposed Voir Dire
	Proposed Voir Dire by UNITED STATES. (Cooper, Lindsey)
	Request

74	Filed: 8/15/2005, Entered: 8/15/2005	Response
	RESPONSE to Plaintiffs' Objections to Report and Recommendation to [73] Objection to Report and Recommendations, [69] Report and Recommendations, filed by UNITED STATES. (Cooper, Lindsey)
	Request

--	Filed: 8/2/2005, Entered: 8/2/2005	Pretrial Conference - Interim
	Text-only minute entry: no PDF document will issue. This text-only minute entry constitutes the Court's order or notice on the matter. TEXT-MINUTE ENTRY for proceedings held before Judge Sean J. McLaughlin : Interim Pretrial Conference held on 8/2/2005. Parties proposed voir dire questions to be filed on or before 8/19/2005; Final Pre-trial conference is set for 8/22/2005 at 8:30 a.m.; Jury Selection is set for 8/22/2005 at 09:00 AM in Courtroom C before Sean J. McLaughlin; Jury Trial is set for 9/26/2005 at 09:00 AM in Courtroom C before Sean J. McLaughlin. (Court Reporter Ron Bench.) (rlh)


73	Filed: 8/1/2005, Entered: 8/1/2005	Objections to Report and Recommendation
	OBJECTION to [69] Report and Recommendations by SIDNEY E. SMITH, III, JILL P. SMITH. (Stroupe, Scott)
	Request

72	Filed: 7/28/2005, Entered: 7/28/2005	Order Referring Case Back to Judge
	ORDER REFERRING CASE BACK to Judge Sean J. McLaughlin. Signed by Judge Susan Paradise Baxter on 7/28/05. (lrw)
	Request

--	Filed: 7/27/2005, Entered: 7/27/2005	Errata
	Errata re Pretrial Conference - Initial Reason for Correction: no PDF document attached. (rlh)


71	Filed: 7/26/2005, Entered: 7/26/2005	Brief in Support of Motion
	BRIEF in Support re [68] MOTION in Limine to Partially Exclude the Expert Report and Proposed Testimony of Matthew J. Minnaugh filed by UNITED STATES. (Attachments: # (1) Exhibit 1# (2) Exhibit 2)(Cooper, Lindsey)


--	Filed: 7/26/2005, Entered: 7/26/2005	Quality Control message - document should have bee
	CLERK'S OFFICE QUALITY CONTROL MESSAGE. re [68] MOTION in Limine to Partially Exclude the Expert Report and Proposed Testimony of Matthew J. Minnaugh ERROR: Document should have been filed as two separate documents. CORRECTION: Attorney advised to refile Brief in Support instead of "Attachments Supporting Memorandum". This message is for informational purposes only. (mad)


70	Filed: 7/25/2005, Entered: 7/25/2005	Brief in Opposition to Motion
	BRIEF in Opposition re [68] MOTION in Limine to Partially Exclude the Expert Report and Proposed Testimony of Matthew J. Minnaugh filed by SIDNEY E. SMITH, III, JILL P. SMITH. (Delaney, W.)
	Request

--	Filed: 7/25/2005, Entered: 7/25/2005	Pretrial Conference - Initial
	Minute Entry for proceedings held before Judge Sean J. McLaughlin : Initial Pretrial Conference held on 7/25/2005. (Court Reporter Ron Bench.) (rlh)


69	Filed: 7/22/2005, Entered: 7/22/2005, Terminated: 9/19/2005	Report and Recommendation
	REPORT AND RECOMMENDATIONS that [54] Motion for Summary Judgment filed by SIDNEY E. SMITH, III, JILL P. SMITH be denied, [61] Motion for Summary Judgment filed by UNITED STATES be granted, Objections to R&R due by 8/5/2005. Signed by Judge Susan Paradise Baxter on 7/22/05. (lrw)
	Request

68	Filed: 7/18/2005, Entered: 7/18/2005, Terminated: 9/26/2005	Motion in Limine
	MOTION in Limine to Partially Exclude the Expert Report and Proposed Testimony of Matthew J. Minnaugh by UNITED STATES. (Attachments: # (1) Supporting Memorandum# (2) Exhibit 1# (3) Exhibit 2# (4) Proposed Order)(Cooper, Lindsey) Attachment 3 Exhibit 2 Attachment 4 Proposed Order Attachment 5


67	Filed: 7/7/2005, Entered: 7/8/2005	Notice of Hearing.
	NOTICE of Jury Trial; Jury Trial set for the term beginning on 8/8/2005 before Sean J. McLaughlin. (nk)


--	Filed: 7/6/2005, Entered: 7/6/2005	Order
	Text-only entry: no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. TEXT-ORDER that a Pretrial Conference is set for 7/25/2005 10:00 AM before Sean J. McLaughlin. Signed by Judge Sean J. McLaughlin on 7/6/2005. (rlh)


--	Filed: 6/27/2005, Entered: 6/28/2005	Order on Motion to Extend Time
	ORDER granting [65] Motion to Extend Time for Pltfs shall respond to deft's Response to Pltf's Motion for Partial Summary Judgment Replies due by 6/13/2005.. Signed by Judge Susan Paradise Baxter on 6/21/05. (mad)


66	Filed: 6/13/2005, Entered: 6/14/2005	Brief in Opposition to Motion
	BRIEF by SIDNEY E. SMITH III, JILL P. SMITH in opposition to [61-1] cross motion for Partial Summary Judgment by UNITED STATES (mad)


65	Filed: 6/9/2005, Entered: 6/9/2005, Terminated: 6/27/2005	Motion to Extend Time
	CONSENT MOTION by SIDNEY E. SMITH III, JILL P. SMITH to Extend Time to respond to deft's response to pltf's motion for partial summary judgment with Proposed Order. (mad)


--	Filed: 5/11/2005, Entered: 5/12/2005	Order
	ORDER upon motion granting [60-1] motion to Extend Time to respond to Pltfs' Motion for Partial Summary Judgment, Response to Motion set to 5/6/05 for [54-1] motion for Partial Summary Judgment ( signed by Magistrate Judge Susan P. Baxter on 5/10/05 ) CM all parties of record. (mad)


64	Filed: 5/6/2005, Entered: 5/9/2005	Appendix
	APPENDIX to [61-1] cross motion for Partial Summary Judgment by UNITED STATES (mad)


63	Filed: 5/6/2005, Entered: 5/9/2005	Brief in Opposition to Motion
	BRIEF OF POINTS AND AUTHORITIES by UNITED STATES in opposition to [54-1] motion for Partial Summary Judgment by JILL P. SMITH, SIDNEY E. SMITH III and In Support of US Cross-Motion for Partial Summary Judgment (mad)


62	Filed: 5/6/2005, Entered: 5/9/2005	Concise Statement of Material Facts
	STATEMENT OF MATERIAL FACTS by UNITED STATES in support of Cross-Motion for Partial Summary Judgment (mad)


61	Filed: 5/6/2005, Entered: 5/9/2005	Motion for Summary Judgment
	CROSS MOTION by UNITED STATES for Partial Summary Judgment with Proposed Order. (mad)


60	Filed: 5/2/2005, Entered: 5/4/2005	Motion to Extend Time
	CONSENT MOTION by UNITED STATES to Extend Time to respond to Pltfs' Motion for Partial Summary Judgment with Proposed Order. (mad)


59	Filed: 4/5/2005, Entered: 4/6/2005	Pretrial Statement
	PRETRIAL STATEMENT by UNITED STATES (sdp)


58	Filed: 4/4/2005, Entered: 4/5/2005	Status Conference
	Status Conference held before Judge Sean J. McLaughlin [ Reporter: Ron Bench ]. Pretrial conference set for 4-7-05 is cancelled in light of pending partial SJ mtn filed by Pltf. Def's cross-mtn and Pltf's response will be filed in accordance with the local rules. Case will be referred to Baxter, M.J. for further mtns practice. (sdp) Modified on 04/06/2005


--	Filed: 4/4/2005, Entered: 4/6/2005	Case Referred to Magistrate Judge
	CASE REFERRED to Magistrate Judge Susan P. Baxter (mad)


57	Filed: 3/31/2005, Entered: 4/1/2005	Notice of Appearance
	NOTICE of Attorney Appearance for UNITED STATES by Lindsey W. Cooper Jr. (mad)


56	Filed: 3/31/2005, Entered: 3/31/2005	Appendix
	APPENDIX to [54-1] motion for Partial Summary Judgment by JILL P. SMITH, SIDNEY E. SMITH III (mad)


55	Filed: 3/31/2005, Entered: 3/31/2005	Brief in Support of Motion
	BRIEF by SIDNEY E. SMITH III, JILL P. SMITH in support of [54-1] motion for Partial Summary Judgment by JILL P. SMITH, SIDNEY E. SMITH III (mad)


54	Filed: 3/31/2005, Entered: 3/31/2005, Terminated: 9/19/2005	Motion for Summary Judgment
	MOTION by SIDNEY E. SMITH III, JILL P. SMITH for Partial Summary Judgment with Proposed Order. (mad)


53	Filed: 3/30/2005, Entered: 3/30/2005	Order
	ORDER, set Pretrial Conference/Stettlement for 1:30 4/7/05 ( signed by Judge Sean J. McLaughlin on 3/30/05 ) CM all parties of record. (mad)


52	Filed: 3/22/2005, Entered: 3/22/2005	Pretrial Statement
	PRETRIAL STATEMENT by SIDNEY E. SMITH III, JILL P. SMITH (mad)


51	Filed: 2/18/2005, Entered: 2/18/2005	Transcript
	TRANSCRIPT of Hearing on Pltf's Motion to bifurcate & Deft's Motion to modify case management order for date of 1/20/05. Court Reporter: Ronald Bench. (mad)


50	Filed: 1/20/2005, Entered: 1/21/2005	Motion Hearing
	Hearing on Motion held re: [49-1] motion to Modify case management order by UNITED STATES, [44-1] motion to Bifurcate by JILL P. SMITH, SIDNEY E. SMITH III [ Reporter: Ron Bench]. Pltf's mtn to Bifurcate is denied without prejudice to be reasserted following discovery and Def's mtn to modify is granted for reasons set on record. (sdp)


--	Filed: 1/20/2005, Entered: 1/21/2005	Order
	ORDER upon motion granting [49-1] motion to Modify case management order, the U.S. shall supplement the prior Burns valuation report on or before 1-28-05. reset Discovery deadline to 3/11/05 , reset Plaintiffs Pretrial Statements deadline for 3/22/05 , reset Defendants Pretrial Statements deadline for 4/5/05 ( signed by Judge Sean J. McLaughlin on 1/20/05 ) CM all parties of record. (sdp)


49	Filed: 1/14/2005, Entered: 1/18/2005, Terminated: 1/20/2005	Motion to Modify
	MOTION by UNITED STATES to Modify case management order with Proposed Order. (sdp)


48	Filed: 12/27/2004, Entered: 12/29/2004	Brief in Opposition to Motion
	BRIEF by UNITED STATES in opposition to [44-1] motion to Bifurcate by JILL P. SMITH, SIDNEY E. SMITH III (mad)


47	Filed: 12/27/2004, Entered: 12/27/2004, Terminated: 12/27/2004	Motion to Withdraw as Attorney
	MOTION by UNITED STATES for Stuart D. Gibson, Esq. to Withdraw as Attorney with Proposed Order. (mad)


--	Filed: 12/27/2004, Entered: 12/28/2004	Order
	ORDER upon motion granting [47-1] motion for Stuart D. Gibson, Esq. to Withdraw as Attorney (Terminated attorney Stuart D. Gibson for UNITED STATES ( signed by Judge Sean J. McLaughlin on 12/27/04 ) CM all parties of record. (mad)


46	Filed: 12/16/2004, Entered: 12/16/2004	Telephone Conference
	Tele-conference set for 2:00 1/20/04 before McLaughlin, J. (mad)


45	Filed: 12/7/2004, Entered: 12/7/2004	Order
	ORDER, that the deft Response to Motion set to 12/27/04 for [44-1] motion to Bifurcate ( signed by Judge Sean J. McLaughlin on 12/7/04 ) CM all parties of record. (mad)


44	Filed: 12/3/2004, Entered: 12/3/2004, Terminated: 1/21/2005	Motion to Bifurcate
	MOTION by SIDNEY E. SMITH III, JILL P. SMITH to Bifurcate with Proposed Order. (mad)


43	Filed: 12/3/2004, Entered: 12/3/2004	Supplement
	SECOND SUPPLEMENT by SIDNEY E. SMITH III, JILL P. SMITH to [10-1] statement disclosure by SIDNEY E. SMITH JR. (mad)


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42	Filed: 11/17/2004, Entered: 11/18/2004	Pretrial Conference - Interim
	Pre-Trial Conference held 11/16/04 @ 10:00 a.m. before Judge Sean J. McLaughlin [ Reporter: Ron Bench ] Parties to submit case management schedule for Court's approval. (mad)


--	Filed: 11/17/2004, Entered: 11/18/2004	Order
	ORDER upon motion granting [41-1] joint motion for Amendment of Case Management Order, set Pretrial Order Deadlines: pltfs shall amend their discover responses, amend their initial disclosures , identify any further expert witnesses who may testify at time of trial, and supplement and/or amend the previous valuation reports of Mr. Pashke and Ms. Carrier on 12/3/04; Pltfs shall serve upon deft the report of any additional expert which they have identified on 12/17/04; Deft shall amend its initial disclosures identify any further expert witnesses and serve upon deft the report of any additional experts, and supplement the prior valuation report of Mr. Burns on 1/7/05; Discovery cutoff on 1/31/05 ; Pretrial Statements for Plaintiffs due 2/11/05 ; Pretrial Statements for Defendants due 2/25/05 ; Motion Filing deadline due 12/3/04 ; Response to motions due 12/27/04 ; Response to motions due 12/17/04 ; ( signed by Judge Sean J. McLaughlin on 11/17/04 ) CM all parties of record. (mad)


41	Filed: 11/16/2004, Entered: 11/16/2004, Terminated: 11/17/2004	Motion to Amend/Correct
	JOINT MOTION by UNITED STATES, SIDNEY E. SMITH III, JILL P. SMITH for Amendment of Case Management Order with Proposed Order. (mad)


40	Filed: 10/15/2004, Entered: 10/18/2004	Settlement Conference
	Settlement Conference held 10.15.04 before Magistrate Judge Susan P. Baxter [ ] Settlement conference continued to future date, if necessary. Parties have 10 days to notify Court as to whether they wish to bifurcate trial to allow McLaughlin,J. determine preliminary issue of whether safe harber provision of Section 2703 applies. (mad) Modified on 10/26/2004


--	Filed: 9/28/2004, Entered: 9/28/2004	Order
	ORDER upon motion granting [39-1] motion to Substitute Attorney terminated attorney Laura Schleich Irwin for UNITED STATES Added Stuart Gibson and Ivan Dale ( signed by Judge Sean J. McLaughlin on 9/28/04 ) CM all parties of record. (nk)


39	Filed: 9/23/2004, Entered: 9/27/2004	Motion to Substitute Attorney
	MOTION by UNITED STATES to Substitute Attorney with Proposed Order. (nk)


38	Filed: 9/20/2004, Entered: 9/21/2004	Order
	ORDER, reset Pretrial Order Deadlines: Settlement Conference set for 10/15/04 before Baxter, M.J. ; Pretrial Statements for Plaintiffs due 10/25/04 ; Pretrial Statements for Defendants due 11/5/04 ; Jury Trial term list set for 11/29/04 ; Pretrial Conference set for 10:00 11/16/04 ; ( signed by Judge Sean J. McLaughlin on 9/20/04 ) CM all parties of record. (mad)


37	Filed: 7/28/2004, Entered: 7/29/2004	Order Referring Case Back to Judge
	ORDER REFERRING CASE BACK to Judge Sean J. McLaughlin . ( signed by Magistrate Judge Susan P. Baxter on 7/28/04 ) CM all parties of record. (sdp)


36	Filed: 7/23/2004, Entered: 7/23/2004	Order
	ORDER granting in part, denying in part, specifically [20-1] motion for Partial Summary Judgment, adopting [34-1] report and recommendations ( signed by Judge Sean J. McLaughlin on 7/23/04 ) CM all parties of record. (mad)


35	Filed: 7/15/2004, Entered: 7/16/2004	Objections to Report and Recommendation
	OBJECTION by UNITED STATES to [34-1] report and recommendations on deft's motion for partial summary judgment (mad)


34	Filed: 7/1/2004, Entered: 7/1/2004	Report and Recommendation
	REPORT AND RECOMMENDATION of Magistrate Judge Susan P. Baxter signed on 6/30/04 Recommending that granting in part, denying in part [20-1] motion for Partial Summary Judgment ; The parties have 10 days from the date of service to file objections to this Report and Recommendation. (mad)


33	Filed: 7/1/2004, Entered: 7/1/2004	Order
	ORDER denying [26-1] motion to Strike [25-1] affidavit, [24-1] affidavit, and the affidavits of Daniel L.R. Miller, Esq (Doc. #24) and James Cullen, Esq. (doc. #25) are hereby admitted for purposes of determining deft's motion for partial summary judgment (Doc. # 20) only. Parties have 10 days to file Appeal to District Judge. ( signed by Magistrate Judge Susan P. Baxter on 6/30/04 ) CM all parties of record. (mad)


32	Filed: 6/2/2004, Entered: 6/2/2004	Brief in Support of Motion
	REPLY BRIEF by UNITED STATES in support of [26-1] motion to Strike [25-1] affidavit, [24-1] affidavit by UNITED STATES (nk)


--	Filed: 6/2/2004, Entered: 6/2/2004	Order
	ORDER upon motion granting [31-1] motion for Leave to File Reply Brief ( signed by Magistrate Judge Susan P. Baxter on 6/1/04 ) CM all parties of record. (nk)


31	Filed: 5/13/2004, Entered: 5/18/2004	Motion for Leave to File
	MOTION by UNITED STATES for Leave to File Reply Brief with Proposed Order. (mad)


30	Filed: 5/4/2004, Entered: 5/4/2004	Brief in Opposition to Motion
	BRIEF by SIDNEY E. SMITH III, JILL P. SMITH in opposition to [26-1] motion to Strike [25-1] affidavit, [24-1] affidavit by UNITED STATES (mad)


29	Filed: 5/4/2004, Entered: 5/4/2004	Order
	ORDER, the pltfs file a Response to Motion set to 5/19/04 for [26-1] motion to Strike [25-1] affidavit, [24-1] affidavit ( signed by Magistrate Judge Susan P. Baxter on 5/4/04 ) CM all parties of record. (mad)


28	Filed: 5/3/2004, Entered: 5/3/2004	Supplement
	SUPPLEMENT by SIDNEY E. SMITH III, JILL P. SMITH to Disclosure of Sidney E. Smith Jr. (mad)


27	Filed: 4/15/2004, Entered: 4/15/2004	Brief in Support of Motion
	REPLY BRIEF by UNITED STATES in support of [20-1] motion for Partial Summary Judgment by UNITED STATES (mad)


26	Filed: 4/13/2004, Entered: 4/13/2004, Terminated: 7/1/2004	Motion to Strike
	MOTION by UNITED STATES to Strike [25-1] affidavit, [24-1] affidavit with Proposed Order. (mad)


25	Filed: 3/31/2004, Entered: 4/1/2004	Affidavit
	AFFIDAVIT by James D. Cullen (mad)


24	Filed: 3/31/2004, Entered: 4/1/2004	Affidavit
	AFFIDAVIT by Daniel L.R. Miller, Esq. (mad)


23	Filed: 3/31/2004, Entered: 4/1/2004	Brief in Opposition to Motion
	BRIEF by SIDNEY E. SMITH III, JILL P. SMITH in opposition to [20-1] motion for Partial Summary Judgment by UNITED STATES (mad)


22	Filed: 2/18/2004, Entered: 2/18/2004	Declaration
	DECLARATION Ivan C. Dale (mad)


21	Filed: 2/17/2004, Entered: 2/17/2004	Brief in Support of Motion
	BRIEF by UNITED STATES in support of [20-1] motion for Partial Summary Judgment by UNITED STATES (mad)


20	Filed: 2/17/2004, Entered: 2/17/2004, Terminated: 7/23/2004	Motion for Summary Judgment
	MOTION by UNITED STATES for Partial Summary Judgment with Proposed Order. (mad)


19	Filed: 1/7/2004, Entered: 1/7/2004	Settlement Conference
	Settlement Conference held 1/6/04 @ 2:00 p.m. before Magistrate Judge Susan P. Baxter [ ] No Settlemtn reached. (mad)


--	Filed: 12/8/2003, Entered: 12/8/2003	Order
	ORDER upon motion granting [18-1] motion to Extend Time, set Discovery deadline to 12/12/03 , set Case Management Conference for 11:00 1/8/04 ( signed by Magistrate Judge Susan P. Baxter on 12/4/03 ) CM all parties of record. (mad)


18	Filed: 11/19/2003, Entered: 11/21/2003	Motion to Extend Time
	MOTION by SIDNEY E. SMITH III to Extend Time with Proposed Order. (sdp)


17	Filed: 8/26/2003, Entered: 8/28/2003	Motion Hearing
	Hearing held 8/22/03 before Baxter, M.J. re: Order lifing Stay [ Reporter: Ron Bench] Order to be entered. (mad)


16	Filed: 8/26/2003, Entered: 8/28/2003	Order
	ORDER, set Deadlines: Expert Report due 9/30/03 ; Expert Discovery cutoff on 11/21/03 ; Settlement Conference set for 12/16/03 ; , Parties have 10 days to file Appeal to District Judge. ( signed by Magistrate Judge Susan P. Baxter on 8/22/03 ) CM all parties of record. (mad)


15	Filed: 8/1/2003, Entered: 8/1/2003	Case Management Conference
	Status/Case Management Conference set for 2:00 8/14/03 before Baxter, M.J. (mad)


--	Filed: 6/5/2003, Entered: 6/5/2003	Order
	ORDER upon motion granting [12-1] motion to Stay Proceedings All deadlines set forth in the Court's 3/17/03 Order are VACATED; while this stay is in effect no party shall be permitted to propound discovey or required to respond to outstanding discovery; and If a successor in interest is substituted for the pltf, the Court will set new deadlines for completing discovery, filing pretrial narrative statements, and filing dispositive motions. ( signed by Magistrate Judge Susan P. Baxter on 6/5/03 ) CM all parties of record. (mad)


--	Filed: 5/30/2003, Entered: 5/30/2003	Order
	ORDER upon motion granting [14-1] motion to substitute personal representative ( signed by Magistrate Judge Susan P. Baxter on 5/30/03 ) CM all parties of record. (nk)


14	Filed: 5/27/2003, Entered: 5/27/2003, Terminated: 5/30/2003	Motion for Miscellaneous Relief
	MOTION by SIDNEY E. SMITH JR. to substitute personal representative with Proposed Order. (mad)


13	Filed: 5/14/2003, Entered: 5/15/2003	Suggestion of Death
	SUGGESTION OF DEATH of SIDNEY E. SMITH JR. by UNITED STATES (mad)


12	Filed: 5/14/2003, Entered: 5/15/2003	Motion to Stay
	MOTION by UNITED STATES to Stay Proceedings with Proposed Order. (mad)


--	Filed: 3/18/2003, Entered: 3/18/2003	Order
	ORDER upon motion granting [11-1] joint motion to Modify Case Management Order, set Pretrial Order Deadlines: Discovery cutoff on 5/21/03 ; Pretrial Statements for Plaintiffs due 7/23/03 ; Pretrial Statements for Defendants due 8/13/03 ; Motion Filing deadline due 6/11/03 ; Response to motions due 7/2/03 ; ( signed by Magistrate Judge Susan P. Baxter on 3/17/03 ) CM all parties of record. (mad)


11	Filed: 3/12/2003, Entered: 3/12/2003, Terminated: 3/18/2003	Motion to Modify
	JOINT MOTION by SIDNEY E. SMITH JR., UNITED STATES to Modify Case Management Order with Proposed Order. (nk)


10	Filed: 1/13/2003, Entered: 1/13/2003	Disclosure Statement
	DISCLOSURE statement by SIDNEY E. SMITH JR. (mad)


9	Filed: 12/23/2002, Entered: 12/23/2002	Case Management Order
	CASE MANAGEMENT ORDER setting Discovery cutoff on 4/21/03 ; Pretrial Statements for Plaintiffs due 6/23/03 ; Pretrial Statements for Defendants due 7/14/03 ; Motion Filing deadline due 5/12/03 ; Response to motions due 6/2/03 ; ( signed by Magistrate Judge Susan P. Baxter on 12/20/02 ) CM all parties of record. (nk)


8	Filed: 12/23/2002, Entered: 12/23/2002	Case Management Conference
	Case Management Conference held on 12/20/02 at 11:09 a.m. before Magistrate Judge Susan P. Baxter [ Reporter: Ferguson & Holdnack ] (nk) Modified on 12/23/2002


--	Filed: 12/23/2002, Entered: 12/23/2002	Track Designation
	CASE DESIGNATED to Track 1. (nk)


7	Filed: 12/16/2002, Entered: 12/16/2002	Proposed Discovery Plan
	PROPOSED DISCOVERY PLAN pursuant to Rule 26(f) by SIDNEY E. SMITH JR., UNITED STATES (nk)


6	Filed: 11/26/2002, Entered: 11/26/2002	Order
	ORDER, Reset Case Management Conference for 11:00 a.m. on 12/20/02. IT IS HEREBY ORDERED that parties will conduct their Rule 26(f) meeting on or before 12/9/02. The parties will then exchange their initial disclosures and joint or individualized report of the Rule 27(f) discovery plan as more fully stated in Order on 12/16/02 , At the case management conference all counsel from the Western District of PA, Northern District of OH and Western District of NY are to be present in person unless excused due to extreme inclement weather or other good cause. ( signed by Judge Sean J. McLaughlin on 11/26/02 ) CM all parties of record. (nk)


--	Filed: 11/26/2002, Entered: 1/28/2003	Remark
	There is no document #4. Per Nicole Helminski. (mad)


5	Filed: 11/13/2002, Entered: 11/14/2002	Answer
	ANSWER to Complaint by UNITED STATES (Attorney Laura Schleich Irwin) (nk)


--	Filed: 10/4/2002, Entered: 10/4/2002	Order
	ORDER upon motion granting [3-1] motion to Extend Time to serve answer or other responsive pleading, Reset Answer deadline to 11/12/02 for UNITED STATES ( signed by Magistrate Judge Susan P. Baxter on 10/3/02 ) CM all parties of record. (nk)


3	Filed: 9/26/2002, Entered: 9/27/2002	Motion to Extend Time
	MOTION by UNITED STATES to Extend Time to serve answer or other responsive pleading with Proposed Order. (nk)


2	Filed: 9/9/2002, Entered: 9/9/2002	Order Referring Case to Magistrate Judge
	ORDER REFERRING CASE to Magistrate Judge Susan P. Baxter ( signed by Judge Sean J. McLaughlin on 9/9/02 ) CM all parties of record. (mad)


1	Filed: 9/5/2002, Entered: 9/5/2002	Complaint
	COMPLAINT with summons issued; jury demand Filing Fee $ 150.00 Receipt # 02-633 (mad)

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