Graham v. Town of SPI, et al

Federal Civil Lawsuit Texas Southern District Court, Case No. 1:03-cv-00084
District Judge Hilda G. Tagle, presiding
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District Judge Hilda G. Tagle
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Summary

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Parties
No Logo Gary Graham, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Donald T. Cheatham +1 703 739 0550 +1 512 494 1213 cheathamlaw@aol.com
v.
No Logo Harvest Multimedia Inc, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Heriberto Medrano +1 956 428 2412 +1 956 428 2495 edmedrano@mac.com
No Logo Town of SPI, Defendant

Represented by Willette Guerra LLP

Name Phone Fax E-Mail
Space Eileen M Leeds +1 956 541 1846 +1 956 541 1893 eleeds@guerraleeds.com
Space Charles Vernon Willette, Jr. +1 956 541 1846 cwillette@wglawfirm.com
No Logo Town of SPI, Cross-Defendant

Represented by Willette Guerra LLP

Name Phone Fax E-Mail
Space Charles Vernon Willette, Jr. +1 956 541 1846 cwillette@wglawfirm.com
Other Parties
No Logo Harvest Multimedia Inc, Cross-Claimant

Represented by Malaise Law Firm

Name Phone Fax E-Mail
Space Eduardo V Rodriguez +1 956 547 9638 +1 956 547 9630
Attributes
Office Brownsville
Filed 5/2/2003
Jury Demand Both
Demand $0
Nature of Suit 820 - Property Rights: Copyright
Cause Section 17 U.S.C. § 101 Copyright Infringement
Jurisdiction Federal Question
Disposition Dismissed - Voluntarily
County Cameron
Terminated 9/28/2005
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case {}
Def Custody Status
Flag CLOSED
Timeline
  Entries (75) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document with OCR 72 Filed: 9/28/2005, Entered: 9/28/2005
STIPULATION of Dismissal by Gary Graham, Town of SPI, Harvest Multimedia Inc, filed. (Attachments: # (1) Proposed Order)(mperez, )
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Legal Document with OCR 71 Filed: 7/29/2005, Entered: 7/29/2005
Letter to the Court from Eileen M. Leeds and Heather Scott re: Notification of Settlement , filed. (rpinales, )
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Legal Document with OCR 70 Filed: 7/28/2005, Entered: 7/28/2005 Court Filing
ORDER granting [69] Motion to Substitute Attorney. The Court orders that attorneys Osiris Gonzalez and Demetrio Duarte appearing in Mr. Medrano's stead must be apprised of all aspects of the above captioned case and able to make binding decisions on behalf of the client.( Signed by Judge Hilda G Tagle ) Parties notified.(rpinales, )
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Terminated:  with OCR 69 Filed: 7/27/2005, Entered: 7/28/2005, Terminated: 7/28/2005 Terminated:
MOTION to Substitute Attorney Osiris Gonzalez and Demetrio Duarte in place of Heriberto Medrano for the August 1, 2005 Hearing only by Harvest Multimedia Inc, filed. Motion Docket Date 8/16/2005. (Attachments: # (1) Proposed Order)(rpinales, )
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Legal Document with OCR 67 Filed: 7/19/2005, Entered: 7/19/2005
Defendnat's Amended Witness List by Town of SPI, filed.(rpinales, )
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Jury Charge with OCR 68 Filed: 7/18/2005, Entered: 7/19/2005 Jury Charge
Defendant's Amended Jury Instructions, filed.(rpinales, )
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Legal Document with OCR 66 Filed: 7/14/2005, Entered: 7/14/2005 Court Filing
ORDER Re-Setting Docket Call, Jury Trial, Deadlines terminated Pretrial Conference set for 8/1/2005 at 01:30 PM in Courtroom 3 before Judge Hilda G Tagle; Docket Call set for 8/1/2005 at 01:30 PM in Courtroom 3 before Judge Hilda G Tagle.( Signed by Judge Hilda G Tagle ) Parties notified.(rpinales, )
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Proposed Voir Dire Questions with OCR 65 Filed: 7/12/2005, Entered: 7/13/2005 Proposed Voir Dire Questions
Defendants' Proposed Voir Dire Questions, filed.(rpinales, ) Additional attachment(s) added on 7/14/2005 (rpinales, ).
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Exhibit with OCR 64 Filed: 7/12/2005, Entered: 7/13/2005 Exhibit
Defendant's Exhibit List by Harvest Multimedia Inc, filed.(rpinales, ) Additional attachment(s) added on 7/14/2005 (rpinales, ).
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Jury Charge with OCR 63 Filed: 7/12/2005, Entered: 7/13/2005 Jury Charge
Defendants' Jury Instructions, filed. (Attachments: # (1))(rpinales, )
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Witness List with OCR 62 Filed: 7/12/2005, Entered: 7/13/2005 Witness List
Defendant's Witness List by Harvest Multimedia Inc, filed.(rpinales, )
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Witness List with OCR 61 Filed: 7/12/2005, Entered: 7/13/2005 Witness List
Defendant's Witness List by Town of SPI, filed.(rpinales, )
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Exhibit with OCR 60 Filed: 7/12/2005, Entered: 7/13/2005 Exhibit
Defendant's Exhibit List by Town of SPI, filed.(rpinales, )
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Proposed Pretrial Order with OCR 59 Filed: 7/12/2005, Entered: 7/13/2005 Proposed Pretrial Order
Amended Joint Proposed Pretrial Order by Gary Graham, Town of SPI, Harvest Multimedia Inc, filed.(rpinales, )
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Legal Document with OCR 58 Filed: 6/8/2005, Entered: 6/8/2005
MEMORANDUM to the Court by Gary Graham, filed. (Attachments: # (1) Attachment 1# (2) Attachment 2)(rpinales, )
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Legal Document with OCR 57 Filed: 5/23/2005, Entered: 5/23/2005 Court Filing
ORDER granting [56] Motion to Continue. BE IT REMEMBERED that on May 23, 2005, the Court GRANTED Defendant's Motion for Continuance, Dkt. No. 56. Joint Pretrial Order due: 7/12/05; Docket Call and Final Pretrial Conference is set for 1:30 p.m. on 7/26/05; Jury Selection is set for 9:00 a.m. on 08/08/05. The Court ORDERS all parties to submit a joint pretrial order on the date designated above. This joint pretrial order, and all other pretrial materials, must be filed in compliance with Chamber Rule 8. The joint pretrial order must reflect the Court's recent order granting in part Defendant's Motion for Summary Judgment, in which the Court narrowed the issues that will be tried. .( Signed by Judge Hilda G Tagle ) Parties notified.(bvasquez, )
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Terminated:  with OCR 56 Filed: 5/19/2005, Entered: 5/20/2005, Terminated: 5/23/2005 Terminated:
Defendants' JOINT MOTION for Continuance of Jury Selection and Trial by Town of SPI, filed. Motion Docket Date 6/8/2005. (Attachments: # (1) Proposed Order # (2) Proposed Order)(rpinales, )
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Legal Document with OCR 55 Filed: 5/18/2005, Entered: 5/18/2005
Plaintiff's PRETRIAL STATEMENT by Gary Graham, filed.(rpinales, )
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Jury Charge with OCR 54 Filed: 5/16/2005, Entered: 5/17/2005 Jury Charge
Defendants' Jury Instructions, filed.(rpinales, )
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Proposed Voir Dire Questions with OCR 53 Filed: 5/16/2005, Entered: 5/17/2005 Proposed Voir Dire Questions
Defendants' Proposed Voir Dire Questions, filed.(rpinales, )
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Witness List with OCR 52 Filed: 5/16/2005, Entered: 5/17/2005 Witness List
Defendant's Witness List by Town of SPI, Harvest Multimedia Inc, filed.(rpinales, )
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Exhibit with OCR 51 Filed: 5/16/2005, Entered: 5/17/2005 Exhibit
Defendant's Proposed Exhibit List by Town of SPI, Harvest Multimedia Inc, filed.(rpinales, )
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Proposed Pretrial Order with OCR 50 Filed: 5/16/2005, Entered: 5/17/2005 Proposed Pretrial Order
Proposed Defendants' Joint Pretrial Order by Town of SPI, Harvest Multimedia Inc, filed.(rpinales, )
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Legal Document with OCR 49 Filed: 5/9/2005, Entered: 5/9/2005
AFFIDAVIT for Admission of Business Records, filed. (Attachments: # (1) Exhibit)(rpinales, )
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Legal Document with OCR 47 Filed: 4/13/2005, Entered: 4/13/2005 Court Filing
ORDER Setting Docket Call and Jury Selection Amended Joint Pretrial Order due by 5/16/2005; Docket Call and final pretrial conference set for 5/25/2005 at 01:30 PM in Courtroom 3 before Judge Hilda G Tagle; Jury Selection set for 6/6/2005 at 09:00 AM in Courtroom 3 before Judge Hilda G Tagle.( Signed by Judge Hilda G Tagle ) Parties notified.(bvasquez, )
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Order on Motion for Summary Judgment with OCR 46 Filed: 3/30/2005, Entered: 3/31/2005 Order on Motion for Summary JudgmentCourt Filing
ORDER granting in part and denying in part [25] Motion for Summary Judgment, denying [31] Motion to Amend Complaint. The Court will enter a scheduling order setting this case for trial.( Signed by Judge Hilda G Tagle ) Parties notified.(rpinales, )
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Designation of Attorney in Charge with OCR 45 Filed: 1/27/2005, Entered: 1/31/2005 Designation of Attorney in Charge
DEFENDANT TOWN OF SOUTH PADRE ISLAND'S DESIGNATION of Eileen M. Leeds as attorney in charge, filed.(bvasquez, )
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Blank 44 Filed: 6/30/2004, Entered: 6/30/2004, Terminated: 6/30/2004 Pretrial Conference - Final
Pre-trial conference terminating [44-1] pre-trial conference ETT: (dahumada)
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Legal Document with OCR 43 Filed: 6/30/2004, Entered: 6/30/2004 Court Filing
ORDER, the Court Cancelled the final pretrial conference scheduled for the above-captioned case on July 1, 2004, at 2:30 p.m. An order disposing of Defendant's Motion for Summary Judgment will follow , entered; Parties notified. ( signed by Judge Hilda G. Tagle ) (dahumada)
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Order with OCR 42 Filed: 6/23/2004, Entered: 6/24/2004 OrderCourt Filing
ORDER granting [41-1] hearing Motion Docket Date reset docket call for 2:30 7/1/04 before Judge Hilda G. Tagle , entered; Parties notified. ( signed by Judge Hilda G. Tagle ) (dahumada)
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Terminated:  with OCR 41 Filed: 6/23/2004, Entered: 6/24/2004, Terminated: 6/23/2004 Terminated:
MOTION TO DELAY DOCKET CALL by Gary Graham Motion Docket Date , filed. (dahumada)
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Legal Document with OCR 40 Filed: 6/21/2004, Entered: 6/21/2004 Court Filing
ORDER granting Unopposed Motion for Extension of Time to File Joint Pretrial Order , entered; Parties notified. ( signed by Judge Hilda G. Tagle ) (dahumada)
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Pretrial Order with OCR 39 Filed: 6/17/2004, Entered: 6/18/2004 Pretrial Order
JOINT PRETRIAL ORDER, filed. (dahumada)
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Motion for Extension of Deadlines with OCR 38 Filed: 6/17/2004, Entered: 6/17/2004, Terminated: 3/29/2005 Motion for Extension of Deadlines
UNOPPOSED MOTION for extension of time to file joint pretrial order by Harvest Multimedia, Motion Docket Date 7/7/04 [38-1] motion , filed. (dahumada)
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Legal Document with OCR 37 Filed: 5/14/2004, Entered: 5/14/2004 Court Filing
ORDER reset pretrial order due for 6/17/04 , and reset docket call for 1:30 7/1/04 before Judge Hilda G. Tagle , and reset jury selection for 9:00 7/6/04 before Judge Hilda G. Tagle , entered; Parties notified. ( signed by Judge Hilda G. Tagle ) (rpinales)
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Order with OCR 36 Filed: 4/22/2004, Entered: 4/23/2004 OrderCourt Filing
ORDER granting [32-1] agreed motion to substitute attorney Heriberto "Eddie" Medrano in place of Eduardo V. Rodriguez Added Heriberto Medrano ,As this case is approching trial, the parties are reminded that all scheduling order deadlines remain in effect despite this subsitution of counsel. entered; Parties notified. ( signed by Judge Hilda G. Tagle ) (rpinales)
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Legal Document with OCR 35 Filed: 4/21/2004, Entered: 4/21/2004
NOTICE of Vacation by Gary Graham , filed (rpinales)
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Reply with OCR 34 Filed: 4/19/2004, Entered: 4/20/2004 Reply
REPLY to [31-1] response in opposition by Town of SPI , filed. (rpinales)
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Response to Motion with OCR 33 Filed: 4/19/2004, Entered: 4/20/2004 Response to Motion
RESPONSE by Town of SPI to [31-1] motion for leave to amend complaint to add Third Indispensable Party Defendant, as well, Against Both Defendants, and for Other Relief, With Proposed Order , filed. (rpinales)
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Terminated:  with OCR 32 Filed: 4/16/2004, Entered: 4/19/2004, Terminated: 4/22/2004 Terminated:
AGREED MOTION to substitute attorney Heriberto "Eddie" Medrano in place of Eduardo V. Rodriguez by Harvest Multimedia , filed. (rpinales)
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Legal Document (Payment Possibly Required) 31 Filed: 4/6/2004, Entered: 4/6/2004, Terminated: 3/30/2005 Motion to Amend
MOTION for leave to amend complaint to add Third Indispensable Party Defendant, as well, Against Both Defendants, and for Other Relief, With Proposed Order by Gary Graham, Motion Docket Date 4/26/04 [31-1] motion , filed.(part 2 of 2) (rpinales)
Request RequestSpace LREF
Legal Document with OCR 31 Filed: 4/6/2004, Entered: 4/6/2004
RESPONSE by Gary Graham in opposition to [25-1] motion for summary judgment , filed (part 1 of 2) (rpinales)
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Order with OCR 30 Filed: 4/5/2004, Entered: 4/6/2004 OrderCourt Filing
ORDER set pretrial order due for 5/19/04 , and set docket call for 1:30 6/3/04 before Judge Hilda G. Tagle , and set pretrial conference for 1:30 6/3/04 before Hilda G. Tagle , and set jury selection for 9:00 6/7/04 before Judge Hilda G. Tagle , entered; Parties notified. ( signed by Judge Hilda G. Tagle ) (rpinales)
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Legal Document with OCR 29 Filed: 4/2/2004, Entered: 4/2/2004 Court Filing
ORDER granting [28-2] motion to extend time Response to motion reset to 4/2/04 for [25-1] motion for summary judgment , entered; Parties notified. ( signed by Judge Hilda G. Tagle ) (rpinales)
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Motion for Miscellaneous Relief with OCR 28 Filed: 4/1/2004, Entered: 4/1/2004, Terminated: 3/29/2005 Motion for Miscellaneous Relief
MOTION for enlargement of allowable pages for Plaintiff's responses to Defendant's Motion for Summary Judgment , and to extend time by Gary Graham, Motion Docket Date 4/21/04 [28-1] motion, 4/21/04 [28-2] motion , filed. (rpinales)
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Legal Document (Payment Possibly Required) 27 Filed: 3/31/2004, Entered: 3/31/2004, Terminated: 3/28/2005 Motion for Extension of Time
MOTION for additional time to file Response to Defendant's Motion for Summary Judgment by Town of SPI, Motion Docket Date 4/20/04 [27-1] motion , filed. (rpinales)
Request RequestSpace LREF
Legal Document with OCR 27 Filed: 3/31/2004, Entered: 3/31/2004
RESPONSE by Town of SPI to [10-1] motion for enlargement of time to file reply , filed.(part1 of 2) (rpinales)
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Notice of Change of Address with OCR 26 Filed: 3/24/2004, Entered: 3/25/2004 Notice of Change of Address
Notice of change of address by Eduardo G. Garza. Effective immediately, all further correspondence and pleadings should be sent to the following address: Eduardo G. Garza, Willette & Guerra, LLP, 1534 East 6th Street, Suite 200, Brownsville, TX, 78520, Telephone: 956-541-1846, Fax:956-541-1893. , filed. (rpinales)
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Terminated:  with OCR 25 Filed: 3/10/2004, Entered: 3/12/2004, Terminated: 3/30/2005 Terminated:
MOTION for summary judgment by Town of SPI, Motion Docket Date 3/30/04 [25-1] motion , filed. (rpinales)
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Minute Entry with OCR 24 Filed: 12/12/2003, Entered: 12/30/2003 Minute Entry
Minute entry: Mediation held. Apps: Donald Cheatham f/plaintiff; Eduardo Garza and Eduardo Rodriguez f/defendant; Case did not settle. (mperez)
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Legal Document with OCR 22 Filed: 12/1/2003, Entered: 12/1/2003
NOTICE of setting conflict and motion for change of mediation date by Gary Graham , filed (ogutierrez) Modified on 12/16/2003
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Order with OCR 21 Filed: 11/25/2003, Entered: 11/28/2003, Terminated: 11/25/2003 OrderCourt Filing
ORDER granting [21-1] motion for change of mediation date from 12/2/03 to 12/12/03 at 9am entered; Parties notified. ( signed by Magistrate Judge Felix Recio ) (ogutierrez) Modified on 12/16/2003
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Terminated:  with OCR 20 Filed: 11/25/2003, Entered: 11/28/2003 Terminated:
Notice of Setting Conflict and MOTION for change of mediation date by Gary Graham, Motion Docket Date 12/15/03 [21-1] motion , filed. (ogutierrez) Modified on 12/16/2003
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Order with OCR 19 Filed: 10/15/2003, Entered: 10/22/2003 OrderCourt Filing
ORDER set scheduling order deadlines: Pltf Expert witness list submitted by 1/13/04, Dft experts must be named with a report furnished w/i 30 days of the deposition of the pltf's expert ; Discovery cutoff 2/12/04 ; Deadline for filing all dispositive motions 3/12/04 ; Pretrial order to be submitted on or before 4/19/04 ; Docket call and final pretrial conference deadline 1:30 5/4/04 ; before Judge Hilda G. Tagle ETT: 3-4 days; , set jury selection for 9:00 5/6/04 before Judge Hilda G. Tagle , entered; Parties notified. ( signed by Judge Hilda G. Tagle ) (ogutierrez)
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Order with OCR 18 Filed: 10/10/2003, Entered: 10/16/2003 OrderCourt Filing
ORDER setting out mediation requirements set mediation hearing 9:00 1/2/03 before Magistrate Judge Felix Recio , entered; Parties notified. ( signed by Magistrate Judge Felix Recio ) (ogutierrez)
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Letter with OCR 17 Filed: 10/10/2003, Entered: 10/16/2003 Letter
Letter to Court regarding progress by Town of SPI , filed. (ogutierrez)
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Initial Disclosures with OCR 16 Filed: 9/26/2003, Entered: 10/1/2003 Initial Disclosures
INITIAL DISCLOSURE by Harvest Multimedia , filed. (ogutierrez)
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Minute Entry with OCR 15 Filed: 9/15/2003, Entered: 10/1/2003 Minute EntryCourt Filing
Minute entry: Initial Pretrial Conference held b/Judge Tagle. Law Clerk C Levesque. Apps: Donald T Cheatman f/pltf; Eduardo Garza f/Town of Sp and Eduardo Rodriguez f/Harvest Multimedia. Court Grants [ Orally as withdrawn7-1] motion to dismiss cross claim of Harvest Multimedia. Court Ordered mediation by 11/20/03. Arguments by all counsel. Court adjourned. Ct Reporter: Heather Hall . (ogutierrez)
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Legal Document with OCR 14 Filed: 9/10/2003, Entered: 9/10/2003
DESIGNATION by Town of SPI, Town of SPI, Town of SPI designating Eduardo G Garza as attorney in charge, filed. (ogutierrez)
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Joint Discovery/Case Management Plan with OCR 13 Filed: 9/8/2003, Entered: 9/9/2003 Joint Discovery/Case Management Plan
JOINT DISCOVERY/Case Management Plan by Town of SPI , filed. (ogutierrez)
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Initial Disclosures with OCR 12 Filed: 9/8/2003, Entered: 9/9/2003 Initial Disclosures
Notice of INITIAL DISCLOSURE by Town of SPI , filed. (ogutierrez)
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Order with OCR 11 Filed: 8/27/2003, Entered: 8/28/2003 OrderCourt Filing
ORDER denying as moot [10-1] motion for enlargement of time to file reply , entered; Parties notified. ( signed by Judge Hilda G. Tagle ) (ogutierrez)
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Terminated:  with OCR 10 Filed: 8/25/2003, Entered: 8/26/2003, Terminated: 8/27/2003 Terminated:
MOTION for enlargement of time to file reply by Gary Graham, Motion Docket Date 9/14/03 [10-1] motion , filed. (ogutierrez)
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Answer with OCR 9 Filed: 8/4/2003, Entered: 8/5/2003 Answer
ANSWER to complaint and CROSSCLAIM by Harvest Multimedia (Added attorney ) against Town of SPI , filed. (ogutierrez)
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Legal Document with OCR 8 Filed: 8/4/2003, Entered: 8/4/2003
RESPONSE by Harvest Multimedia to [7-1] motion to dismiss cross claim of Harvest Multimedia , filed. (ogutierrez)
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Motion to Dismiss with OCR 7 Filed: 7/30/2003, Entered: 7/30/2003, Terminated: 9/15/2003 Motion to Dismiss
MOTION to dismiss cross claim of Harvest Multimedia by Cross-Defendant Town of SPI, Motion Docket Date 8/19/03 [7-1] motion , filed. (ogutierrez)
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Legal Document (Payment Possibly Required) 6 Filed: 7/17/2003, Entered: 7/18/2003 Crossclaim
CROSSCLAIM by defendant Harvest Multimedia against Town of SPI , filed. (ogutierrez)
Request RequestSpace LREF
Amended Answer with OCR 6 Filed: 7/17/2003, Entered: 7/18/2003 Amended Answer
AMENDED ANSWER to Complaint by Harvest Multimedia : amends [5-1] answer , filed. (ogutierrez)
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Legal Document with OCR 5 Filed: 7/14/2003, Entered: 7/14/2003
ANSWER to Complaint by Harvest Multimedia (Added attorney Eduardo V Rodriguez), filed. (ogutierrez)
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Certificate of Interested Parties with OCR 4 Filed: 7/1/2003, Entered: 7/3/2003 Certificate of Interested Parties
Dft Town of South Padre Island's CERTIFICATE OF INTERESTED PARTIES, filed. (gmendieta)
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Answer with OCR 3 Filed: 7/1/2003, Entered: 7/3/2003 Answer
Dft Town of South Padre Island's ORIGINAL ANSWER (Added attorney Charles Vernon Willette Jr), filed,; Jury Demand (gmendieta)
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Blank -- Filed: 6/25/2003, Entered: 6/26/2003 Remark
A COPY of the Summons (To: Harvest Multimedia, Inc) was sent to Attorney Donald T Cheatham. (gmendieta)
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Legal Document with OCR 2 Filed: 5/6/2003, Entered: 5/6/2003 Court Filing
Order setting Initial Pretrial and Scheduling Conference on 1:45 9/15/03 before Judge Hilda G. Tagle and Order to Disclose Interested Persons, filed. ( Signed by Judge Hilda G. Tagle ) Parties notified. (ogutierrez)
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Blank -- Filed: 5/6/2003, Entered: 5/6/2003
SUMMONS issued for Harvest Multimedia (ogutierrez)
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Complaint with OCR 1 Filed: 5/2/2003, Entered: 5/6/2003 Complaint
COMPLAINT and Jury Demand by Gary Graham filed; FILING FEE $ 150.00 RECEIPT # 117367 (ogutierrez)
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