Kleppel v. Hunter's Manufacturing Company, Inc. d/b/a Tenpoint Crossbow Technologies

Federal Civil Lawsuit Texas Southern District Court, Case No. 4:16-cv-03715
District Judge Andrew S. Hanen, presiding
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District Judge Andrew S. Hanen
Last Updated July 29, 2025 at 9:08 PM EDT (6.7 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Anonymized Party [BEAEE24], Plaintiff

Represented by Attorney at Law

Name Phone Fax E-Mail
Space Joseph Michael Gourrier +1 713 533 9077 +1 713 533 9376 joseph@gourrierlaw.com
No Logo Kathy Kleppel, Plaintiff

Represented by Attorney at Law

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Joseph Michael Gourrier +1 713 533 9077 +1 713 533 9376 joseph@gourrierlaw.com
v.
No Logo Hunter's Manufacturing Company, Inc. D/b/a Tenpoint Crossbow Technologies, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Barry B. Sutton

Represented by Clark Hill S trasburger

Name Phone Fax E-Mail
Space Katherine T Garber kathy.garber@clarkhillstrasburger.com

Represented by Clark Hill, PLC

Name Phone Fax E-Mail
Space Bishop Arnold Lorenzo Bartoni +1 313 965 8300 +1 313 965 8252 bbartoni@clarkhill.com
ATTORNEY TO BE NOTICED Bishop Arnold Lorenzo Bartoni +1 313 965 8300 +1 313 965 8252 bbartoni@clarkhill.com
ATTORNEY TO BE NOTICED Barry Brys Sutton +1 313 965 8577 +1 313 309 6921 bsutton@clarkhill.com

Represented by Klosterboer & Assoc

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Jim Preston Wrotenbery +1 281 606 8968 +1 281 606 8970 jwrotenb@travelers.com

Represented by Plunkett & Cooney, PC

Name Phone Fax E-Mail
Space Ellisse Suzanne Thompson +1 313 983 4920 +1 313 983 4350 ethompson@plunkettcooney.com

Represented by The Travelers Indemnity Company

Name Phone Fax E-Mail
Space Jim Preston Wrotenbery +1 281 606 8968 +1 281 606 8970 jwrotenb@travelers.com
Attributes
Citation Section 28 U.S.C. § 1332
Nature of Suit 365 - Personal Injury: Product Liability
Jurisdiction Diversity
Case Status closed
Jury Demand Defendant
Anonymization By SCALES
Timeline
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Legal Document (Payment Possibly Required) 48 Filed: 7/14/2018, Entered: None Notice of Reassignment (FORM, noticing) - Civil
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Legal Document (Payment Possibly Required) 39 Filed: 5/22/2018, Entered: None response in opposition to motion
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Legal Document (Payment Possibly Required) 100 Filed: 5/15/2019, Entered: 5/15/2019 Court Filing
ORDER OF DISMISSAL. Case terminated on 5/15/2019 (Signed by Judge Andrew S Hanen) Parties notified.(rhawkins)
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Blank  Filed: 5/15/2019, Entered: 5/15/2019
RECORD SEALED Minute Entry for proceedings held before Magistrate Judge Frances H Stacy. SETTLEMENT CONFERENCE held on 5/15/2019; Case settled; Court to enter a 90 day Order of Dismissal. Appearances:Atty Robert Woofs f/ pla; Kathy Kelppel - pla; Co Rep John Skeritos; Co Rep Nathan Plourde. Barry B. Sutton, Joseph Michael Gourrier.(Court Reporter: ERo)(Tape #10:06 - 2:28)(ERO:S Shelby), filed.(bwhite, 4)
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Legal Document (Payment Possibly Required) 99 Filed: 5/2/2019, Entered: 5/2/2019 Court Filing
NOTICE of Setting. Parties notified. Settlement Conference set for 5/15/2019 at 10:00 AM in Courtroom 704 before Magistrate Judge Frances H Stacy, filed. (bwhite, 4)
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Legal Document (Payment Possibly Required) 98 Filed: 5/1/2019, Entered: 5/2/2019 Court Filing
AMENDED SCHEDULING ORDER re: 93 LETTER/ MOTION for Continuance. Final Pretrial Conference set for 7/18/2019 at 01:30 PM in Courtroom 9C before Judge Andrew S Hanen, Jury Trial set for 7/22/2019 at 09:00 AM, in Courtroom 9C before Judge Andrew S Hanen (depending on the Court's docket) The case will remain on standby until tried. (Signed by Judge Andrew S Hanen) Parties notified.(jdav, 4)
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Legal Document (Payment Possibly Required) 97 Filed: 4/30/2019, Entered: 4/30/2019 Court Filing
ORDER. The parties are ordered to supplement deficient discovery responses or to raise a reasonable objection to the discovery request. As the Court stated at the final pretrial conference, the Court expects any objections at this stage to be well grounded and reasonable. (Signed by Judge Andrew S Hanen) Parties notified.(jdav, 4)
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Legal Document (Payment Possibly Required) 96 Filed: 4/30/2019, Entered: 4/30/2019 Court Filing
Order Referring Case to Mediation. This case is referred to Magistrate Judge Frances Stacy for a settlement conference. (Signed by Judge Andrew S Hanen) Parties notified.(jdav, 4)
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Legal Document (Payment Possibly Required) 95 Filed: 4/26/2019, Entered: 4/26/2019 Court Filing
Letter to Judge Hanen regarding discovery responses by BEAEE24, filed. (Attachments: # 1 Exhibit A)(Gourrier, Joseph)
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Legal Document (Payment Possibly Required) 94 Filed: 4/26/2019, Entered: 4/26/2019 Court Filing
Letter to Judge Hanen regarding discovery by Hunter's Manufacturing Company, Inc. d/b/a Tenpoint Crossbow Technologies, filed.(Sutton, Barry)
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Legal Document (Payment Possibly Required) 93 Filed: 4/25/2019, Entered: 4/25/2019
Letter/Motion regarding new trial setting by Hunter's Manufacturing Company, Inc. d/b/a Tenpoint Crossbow Technologies, filed.(Sutton, Barry)
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Blank  Filed: 4/23/2019, Entered: 4/23/2019
***Set/Reset Deadlines/Hearings: Final Pretrial Conference set for 6/5/2019 at 04:00 PM in Courtroom 9C before Judge Andrew S Hanen. Jury Trial set for 6/17/2019 at 08:30 AM in Courtroom 9C before Judge Andrew S Hanen.(rhawkins)
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Blank  Filed: 4/23/2019, Entered: 4/23/2019
Minute Entry for proceedings held before Judge Andrew S Hanen. Final PRETRIAL CONFERENCE held on 4/23/2019. The Court made rulings as to 82 Motion in Limine of Plaintiff and 65 67 69 70 Motions in Limine of Defendant as stated on the record. The Court continued this matter in order for the parties to determine what discovery should be supplemented. By 4/26/2019 the parties are to file a letter with the Court stating what existing discovery needs supplementation. The Court will then enter an Order outlining the parameters of the letter request of the parties by 4/30/2019. The Court resets the final pretrial conference to 6/5/2019 at 4:00 p.m. with trial to start at 8:30 a.m. on 6/17/2019. Appearances: Barry B. Sutton, Jim Preston Wrotenbery, Joseph Michael Gourrier, Robert Woods.(Court Reporter: N. Forrest), filed.(rhawkins)
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Legal Document (Payment Possibly Required) 92 Filed: 4/22/2019, Entered: 4/22/2019
OBJECTIONS to 86 Exhibit List , filed by BEAEE24. (Gourrier, Joseph)
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Legal Document (Payment Possibly Required) 91 Filed: 4/22/2019, Entered: 4/22/2019
NOTICE of Appearance by Katherine T. Garber on behalf of Hunter's Manufacturing Company, Inc. d/b/a Tenpoint Crossbow Technologies, filed. (Garber, Katherine)
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Legal Document (Payment Possibly Required) 90 Filed: 4/19/2019, Entered: 4/19/2019
RESPONSE in Opposition to 70 MOTION In Limine to Preclude Reference to the Gripsafety, 65 MOTION In Limine to Preclude Claims that Answers were Incomplete, 67 MOTION In Limine to Preclude Any Claims of Post-Sale Duty, 73 MOTION In Limine to Preclude Claims for Economic Loss and Admission of Plaintiff's Unadjusted Medical Bills, 68 MOTION In Limine to Preclude Reference to the 2011 Introduction of the Gripguard, 69 MOTION In Limine to Preclude Plaintiff from Providing Any Purported "Expert" Testimony and from asking Her to Comment on Unsupported Statements, 72 MOTION In Limine to Preclude Negligence and Failure to Warn Claims, 71 MOTION In Limine to Preclude Other Claims, 66 MOTION In Limine to Preclude Post-Sale Evidence, 74 MOTION In Limine to Preclude Testimony, Evidence, or Argument on Safer Design or Unreasonable Danger and to Preclude Reference to Patent Application, filed by BEAEE24. (Gourrier, Joseph)
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Legal Document (Payment Possibly Required) 89 Filed: 4/19/2019, Entered: 4/19/2019
RESPONSE in Opposition to 82 MOTION In Limine , filed by Hunter's Manufacturing Company, Inc. d/b/a Tenpoint Crossbow Technologies. (Attachments: # 1 Exhibit A-Deposition transcript of Randy BEAEE24, # 2 Exhibit B-Deposition transcript of BEAEE24)(Sutton, Barry)
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Legal Document (Payment Possibly Required) 88 Filed: 4/19/2019, Entered: 4/19/2019
RESPONSE in Opposition to 81 Opposed MOTION to Strike Responsible Third Party, filed by Hunter's Manufacturing Company, Inc. d/b/a Tenpoint Crossbow Technologies. (Attachments: # 1 Exhibit A-Deposition transcript of Randy BEAEE24, # 2 Exhibit B-Deposition transcript of Jennifer O'Rourke)(Sutton, Barry)
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Legal Document (Payment Possibly Required) 87 Filed: 4/19/2019, Entered: 4/19/2019
Defendant Hunter's Manufacturing Company, Inc.'s Objections to Plaintiff's Exhibits by Hunter's Manufacturing Company, Inc. d/b/a Tenpoint Crossbow Technologies, filed.(Sutton, Barry)
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Legal Document (Payment Possibly Required) 86 Filed: 4/18/2019, Entered: 4/18/2019
Second Exhibit List by Hunter's Manufacturing Company, Inc. d/b/a Tenpoint Crossbow Technologies(Sutton, Barry)
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Legal Document (Payment Possibly Required) 85 Filed: 4/17/2019, Entered: 4/17/2019
Amended Exhibit List by BEAEE24(Gourrier, Joseph)
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Legal Document (Payment Possibly Required) 84 Filed: 4/17/2019, Entered: 4/17/2019
Amended Exhibit List by Hunter's Manufacturing Company, Inc. d/b/a Tenpoint Crossbow Technologies(Sutton, Barry)
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Legal Document (Payment Possibly Required) 83 Filed: 4/13/2019, Entered: 4/13/2019
Proposed Voir Dire Questions(Gourrier, Joseph)
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Legal Document (Payment Possibly Required) 82 Filed: 4/12/2019, Entered: 4/12/2019
MOTION In Limine by BEAEE24, filed. Motion Docket Date 5/3/2019. (Gourrier, Joseph)
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Legal Document (Payment Possibly Required) 81 Filed: 4/12/2019, Entered: 4/12/2019
Opposed MOTION to Strike Responsible Third Party by BEAEE24, filed. Motion Docket Date 5/3/2019. (Gourrier, Joseph)
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Legal Document (Payment Possibly Required) 80 Filed: 4/12/2019, Entered: 4/12/2019 Court Filing
Joint Proposed Pretrial Order by BEAEE24 (Attachments: # 1 Judge's Procedures Plaintiff's Exhibit List, # 2 Judge's Procedures Plaintiff's Witness List, # 3 Judge's Procedures Plaintiff's Proposed Jury Charge)(Gourrier, Joseph)
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Legal Document (Payment Possibly Required) 79 Filed: 4/12/2019, Entered: 4/12/2019
Deposition Designations by Hunter's Manufacturing Company, Inc. d/b/a Tenpoint Crossbow Technologies, filed.(Sutton, Barry)
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Legal Document (Payment Possibly Required) 78 Filed: 4/12/2019, Entered: 4/12/2019
Proposed Voir Dire Questions(Sutton, Barry)
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Legal Document (Payment Possibly Required) 77 Filed: 4/12/2019, Entered: 4/12/2019
Proposed Jury Charge by Hunter's Manufacturing Company, Inc. d/b/a Tenpoint Crossbow Technologies(Sutton, Barry)
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Legal Document (Payment Possibly Required) 76 Filed: 4/12/2019, Entered: 4/12/2019
Amended Witness List by Hunter's Manufacturing Company, Inc. d/b/a Tenpoint Crossbow Technologies(Sutton, Barry)
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Legal Document (Payment Possibly Required) 75 Filed: 4/12/2019, Entered: 4/12/2019
Other EXHIBITS re: 70 MOTION In Limine to Preclude Reference to the Gripsafety, 65 MOTION In Limine to Preclude Claims that Answers were Incomplete, 67 MOTION In Limine to Preclude Any Claims of Post-Sale Duty, 68 MOTION In Limine to Preclude Reference to the 2011 Introduction of the Gripguard, 69 MOTION In Limine to Preclude Plaintiff from Providing Any Purported "Expert" Testimony and from asking Her to Comment on Unsupported Statements, 71 MOTION In Limine to Preclude Other Claims, 74 MOTION In Limine to Preclude Testimony, Evidence, or Argument on Safer Design or Unreasonable Danger and to Preclude Reference to Patent Application, 73 MOTION In Limine to Preclude Claims for Economic Loss and Admission of Plaintiff's Unadjusted Medical Bills, 72 MOTION In Limine to Preclude Negligence and Failure to Warn Claims, 66 MOTION In Limine to Preclude Post-Sale Evidence by Hunter's Manufacturing Company, Inc. d/b/a Tenpoint Crossbow Technologies, filed. (Attachments: # 1 Exhibit A-Plaintiffs Initial Disclosures, # 2 Exhibit B-Responses to Defendants First set of Requests for Production, # 3 Exhibit C-Plaintiffs Answers to Defendants First Set of Interrogatories, # 4 Exhibit D-Plaintiffs Responses to Defendants Second set of Requests for Production, # 5 Exhibit E-Plaintiffs Dep. Trans., # 6 Exhibit F-2014 Job Log, # 7 Exhibit G-2015 Job Log, # 8 Exhibit H-Randy BEAEE24 Dep. Trans., # 9 Exhibit I-12/7/2018 Order Re Motion for Summary Judgment., # 10 Exhibit J-4/1/2019 Opinion and Order, # 11 Exhibit K-Defendants Answers to Plaintiffs Interrogatories/Requests to Produce, # 12 Exhibit L-Written Warnings and Instructions, # 13 Exhibit M-Affidavit of L. Smith, # 14 Exhibit N-Affidavit of Saunders, # 15 Exhibit O-Doc. 32., # 16 Exhibit P-Email Communication with Defendant 2015, # 17 Exhibit Q-Contact Inquiry Form 2015, # 18 Exhibit R-GripGuard Press Release, # 19 Exhibit S-Affidavit of Sabrina Simon)(Sutton, Barry)
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Legal Document (Payment Possibly Required) 74 Filed: 4/12/2019, Entered: 4/12/2019
MOTION In Limine to Preclude Testimony, Evidence, or Argument on Safer Design or Unreasonable Danger and to Preclude Reference to Patent Application by Hunter's Manufacturing Company, Inc. d/b/a Tenpoint Crossbow Technologies, filed. Motion Docket Date 5/3/2019. (Sutton, Barry)
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Legal Document (Payment Possibly Required) 73 Filed: 4/12/2019, Entered: 4/12/2019
MOTION In Limine to Preclude Claims for Economic Loss and Admission of Plaintiff's Unadjusted Medical Bills by Hunter's Manufacturing Company, Inc. d/b/a Tenpoint Crossbow Technologies, filed. Motion Docket Date 5/3/2019. (Sutton, Barry)
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Legal Document (Payment Possibly Required) 72 Filed: 4/12/2019, Entered: 4/12/2019
MOTION In Limine to Preclude Negligence and Failure to Warn Claims by Hunter's Manufacturing Company, Inc. d/b/a Tenpoint Crossbow Technologies, filed. Motion Docket Date 5/3/2019. (Sutton, Barry)
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Legal Document (Payment Possibly Required) 71 Filed: 4/12/2019, Entered: 4/12/2019
MOTION In Limine to Preclude Other Claims by Hunter's Manufacturing Company, Inc. d/b/a Tenpoint Crossbow Technologies, filed. Motion Docket Date 5/3/2019. (Sutton, Barry)
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Legal Document (Payment Possibly Required) 70 Filed: 4/12/2019, Entered: 4/12/2019
MOTION In Limine to Preclude Reference to the Gripsafety by Hunter's Manufacturing Company, Inc. d/b/a Tenpoint Crossbow Technologies, filed. Motion Docket Date 5/3/2019. (Sutton, Barry)
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Legal Document (Payment Possibly Required) 69 Filed: 4/12/2019, Entered: 4/12/2019
MOTION In Limine to Preclude Plaintiff from Providing Any Purported "Expert" Testimony and from asking Her to Comment on Unsupported Statements by Hunter's Manufacturing Company, Inc. d/b/a Tenpoint Crossbow Technologies, filed. Motion Docket Date 5/3/2019. (Sutton, Barry)
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Legal Document (Payment Possibly Required) 68 Filed: 4/12/2019, Entered: 4/12/2019
MOTION In Limine to Preclude Reference to the 2011 Introduction of the Gripguard by Hunter's Manufacturing Company, Inc. d/b/a Tenpoint Crossbow Technologies, filed. Motion Docket Date 5/3/2019. (Sutton, Barry)
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Legal Document (Payment Possibly Required) 67 Filed: 4/12/2019, Entered: 4/12/2019
MOTION In Limine to Preclude Any Claims of Post-Sale Duty by Hunter's Manufacturing Company, Inc. d/b/a Tenpoint Crossbow Technologies, filed. Motion Docket Date 5/3/2019. (Sutton, Barry)
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Legal Document (Payment Possibly Required) 66 Filed: 4/12/2019, Entered: 4/12/2019
MOTION In Limine to Preclude Post-Sale Evidence by Hunter's Manufacturing Company, Inc. d/b/a Tenpoint Crossbow Technologies, filed. Motion Docket Date 5/3/2019. (Sutton, Barry)
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Legal Document (Payment Possibly Required) 65 Filed: 4/12/2019, Entered: 4/12/2019
MOTION In Limine to Preclude Claims that Answers were Incomplete by Hunter's Manufacturing Company, Inc. d/b/a Tenpoint Crossbow Technologies, filed. Motion Docket Date 5/3/2019. (Sutton, Barry)
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Legal Document (Payment Possibly Required) 64 Filed: 4/1/2019, Entered: 4/1/2019 Court Filing
ORDER denying 58 Motion for Reconsideration.(Signed by Judge Andrew S Hanen) Parties notified.(rhawkins)
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Legal Document (Payment Possibly Required) 63 Filed: 3/29/2019, Entered: 3/29/2019
Exhibit List by Hunter's Manufacturing Company, Inc. d/b/a Tenpoint Crossbow Technologies(Sutton, Barry)
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Legal Document (Payment Possibly Required) 62 Filed: 3/29/2019, Entered: 3/29/2019
Witness List by Hunter's Manufacturing Company, Inc. d/b/a Tenpoint Crossbow Technologies(Sutton, Barry)
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Legal Document (Payment Possibly Required) 61 Filed: 3/8/2019, Entered: 3/8/2019 Court Filing
ORDER granting 60 MOTION for Bishop A. Bartoni to Withdraw as Attorney for Hunter's Manufacturing Company, Inc. d/b/a Tenpoint Crossbow Technologies. It is ORDERED that Bishop A Bartoni be removed from receipt of electronic notices....***Attorney Bishop Arnold Lorenzo Elmo Bartoni terminated.(Signed by Judge Andrew S Hanen) Parties notified.(sanderson, 4)
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Legal Document (Payment Possibly Required) 60 Filed: 2/27/2019, Entered: 2/27/2019
MOTION for Bishop A. Bartoni to Withdraw as Attorney by Hunter's Manufacturing Company, Inc. d/b/a Tenpoint Crossbow Technologies, filed. Motion Docket Date 3/20/2019. (Elmo Bartoni, Bishop)
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Legal Document (Payment Possibly Required) 59 Filed: 1/23/2019, Entered: 1/23/2019
RESPONSE to 58 MOTION for Reconsideration of 56 Order, filed by Hunter's Manufacturing Company, Inc. d/b/a Tenpoint Crossbow Technologies. (Attachments: # 1 Exhibit A-Written Warnings and Instructions, # 2 Exhibit B-Dep Transcript of Plaintiff, # 3 Exhibit C-Affidavit of L. Smith, # 4 Exhibit D-Affidavit of G. Saunders, # 5 Exhibit E-Email Communication wtih Defendant 2015, # 6 Exhibit F-Contact Inquiry Form Communication with Defendant 2015, # 7 Exhibit G-Affidavit of S. Simon, # 8 Exhibit H-Two Unpublished Opinions)(Sutton, Barry)
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Legal Document (Payment Possibly Required) 58 Filed: 1/3/2019, Entered: 1/3/2019
MOTION for Reconsideration of 56 Order, by BEAEE24, filed. Motion Docket Date 1/24/2019. (Gourrier, Joseph)
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Legal Document (Payment Possibly Required) 57 Filed: 12/7/2018, Entered: 12/7/2018 Court Filing
SCHEDULING ORDER. Joint Pretrial Order due by 4/12/2019. Final Pretrial Conference set for 4/23/2019 at 03:00 PM in Courtroom 9C before Judge Andrew S Hanen. Jury Trial set for 4/29/2019 at 09:00 AM in Courtroom 9C before Judge Andrew S Hanen.(Signed by Judge Andrew S Hanen) Parties notified.(rhawkins)
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Legal Document (Payment Possibly Required) 56 Filed: 12/7/2018, Entered: 12/7/2018 Court Filing
ORDER. The Court denies TenPoint's 20 motion for summary judgment on BEAEE24 strict products liability claim with regard to the Guard allegations but grants the motion as to the Safety allegations. The Court further grants TenPoint's motion for summary judgment on all of BEAEE24 negligence and gross negligence claims.(Signed by Judge Andrew S Hanen) Parties notified.(rhawkins)
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Legal Document (Payment Possibly Required) 55 Filed: 11/29/2018, Entered: 11/29/2018
RESPONSE to 20 MOTION for Summary Judgment filed by Hunter's Manufacturing Company, Inc. d/b/a Tenpoint Crossbow Technologies. (Sutton, Barry)
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Legal Document (Payment Possibly Required) 54 Filed: 11/15/2018, Entered: 11/15/2018 Court Filing
ORDER denying 36 Motion to Strike, GRANTING Plaintiff leave to file her Supplemental Response to Defendant's Motion for Summary Judgment[Doc. No. 35]. The Court will consider the brief that Plaintiff has already filed as Doc. No. 35, Plaintiff need not re-file the brief, GRANTING Defendant leave to file a reply brief consisting of a maximum of 10 pages, DENYING Plaintiffs Objections to Magistrate Judge's Order Denying Leave to File First Amended Complaint [Doc. No. 45]..(Signed by Judge Andrew S Hanen) Parties notified.(jdav, 4)
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Legal Document (Payment Possibly Required) 53 Filed: 10/5/2018, Entered: 10/5/2018 Court Filing
ORDER ADOPTING MEMORANDUM AND ORDER re: 49 Memorandum and Order, re: 40 MOTION for Costs and an Adverse Jury Instruction. Defendant's Motion for Costs is GRANTED and it's Motion for Adverse Jury Instruction is DENIED. Within 30 days after the entry of this Order Plaintiff shall pay Defendant the sum of $75.00 as costs associated with the cancellation of the deposition of Randy BEAEE24. (Signed by Judge Andrew S Hanen) Parties notified.(jdav, 4)
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Legal Document (Payment Possibly Required) 52 Filed: 9/14/2018, Entered: 9/14/2018 Court Filing
NOTICE of Referral of Motion to Magistrate Judge Frances H. Stacy re 50 MOTION for Reconsideration, filed. (jdav, 4)
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Legal Document (Payment Possibly Required) 51 Filed: 9/13/2018, Entered: 9/13/2018
RESPONSE to 50 Objections to Order on Motion for Costs, filed by Hunter's Manufacturing Company, Inc. d/b/a Tenpoint Crossbow Technologies. (Sutton, Barry)
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Legal Document (Payment Possibly Required) 50 Filed: 9/5/2018, Entered: 9/5/2018
Motion for reconsideration and OBJECTIONS to 49 Order on Motion for Costs, , filed by BEAEE24. (Gourrier, Joseph)
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Legal Document (Payment Possibly Required) 49 Filed: 8/24/2018, Entered: 8/24/2018 Court Filing
MEMORANDUM AND ORDER, granting in part and denying in part 40 Motion for Costs for Violation of Court Order and for an Adverse Jury Instruction. The Motion for costs is GRANTED and Plaintiff shall, within thirty days after the entry of this Order, pay Defendant $750.00 as costs associated with the cancelled deposition. Motion for Adverse Jury Instruction is DENIED without prejudice. (Signed by Magistrate Judge Frances H Stacy) Parties notified.(nortiz, 5)
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Legal Document (Payment Possibly Required) 48 Filed: 7/13/2018, Entered: 7/13/2018 Court Filing
NOTICE of Reassignment to Judge Andrew S Hanen, pursuant to General Order No. 2018-10. Deadlines in scheduling orders remain in effect Judge Melinda Harmon no longer assigned to the case. Parties notified, filed. (rwestmoreland, 4)
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Legal Document (Payment Possibly Required) 47 Filed: 6/26/2018, Entered: 6/26/2018
RESPONSE to 45 Objections , filed by Hunter's Manufacturing Company, Inc. d/b/a Tenpoint Crossbow Technologies. (Sutton, Barry)
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Legal Document (Payment Possibly Required) 46 Filed: 6/21/2018, Entered: 6/21/2018
REPLY in Support of 40 MOTION for Costs, filed by Hunter's Manufacturing Company, Inc. d/b/a Tenpoint Crossbow Technologies. (Attachments: # 1 Exhibit A - March 20 Emails, # 2 Exhibit B - 2017 Emails, # 3 Exhibit C - Sept 2017 Emails, # 4 Exhibit D - Email re physician note, # 5 Exhibit E - dep of J O'Rourke)(Sutton, Barry)
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Legal Document (Payment Possibly Required) 45 Filed: 6/19/2018, Entered: 6/20/2018
OBJECTIONS , filed by BEAEE24. (Gourrier, Joseph)
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Legal Document (Payment Possibly Required) 44 Filed: 6/11/2018, Entered: 6/11/2018
RESPONSE in Opposition to 40 MOTION for Costs, filed by BEAEE24. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Proposed Order)(Gourrier, Joseph)
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Legal Document (Payment Possibly Required) 43 Filed: 6/4/2018, Entered: 6/5/2018 Court Filing
ORDER denying 37 Motion for Leave to File First Amended Complaint.(Signed by Magistrate Judge Frances H Stacy) Parties notified.(bmendoza, 5)
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Legal Document (Payment Possibly Required) 42 Filed: 5/30/2018, Entered: 5/30/2018 Court Filing
NOTICE of Referral of Motion to Magistrate Judge Frances H. Stacy re 40 MOTION for Costs, 37 Opposed MOTION for Leave to File First Amended Complaint, filed. (jdav, 4)
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Legal Document (Payment Possibly Required) 41 Filed: 5/25/2018, Entered: 5/25/2018 Court Filing
NOTICE of Referral of Motion to Magistrate Judge Frances H. Stacy re 37 Opposed MOTION for Leave to File First Amended Complaint, filed. (jdav, 4)
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Legal Document (Payment Possibly Required) 40 Filed: 5/22/2018, Entered: 5/22/2018
MOTION for Costs by Hunter's Manufacturing Company, Inc. d/b/a Tenpoint Crossbow Technologies, filed. Motion Docket Date 6/12/2018. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O)(Sutton, Barry)
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Legal Document (Payment Possibly Required) 39 Filed: 5/21/2018, Entered: 5/21/2018
RESPONSE in Opposition to 36 MOTION to Strike 35 Surreply to Motion for Summary Judgment, filed by BEAEE24. (Gourrier, Joseph)
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Legal Document (Payment Possibly Required) 38 Filed: 5/17/2018, Entered: 5/17/2018
RESPONSE in Opposition to 37 Opposed MOTION for Leave to File First Amended Complaint, filed by Hunter's Manufacturing Company, Inc. d/b/a Tenpoint Crossbow Technologies. (Attachments: # 1 Exhibit A-Plaintiff's Initial Disclosures, # 2 Exhibit B-Plaintiff's Ans to Int, # 3 Exhibit C-email 9-22-17, # 4 Exhibit D-Plaintiff Dep Trans, # 5 Exhibit E-Subpoenas and Dep Notices, # 6 Exhibit F-email 9-26-17, # 7 Exhibit G- email 9-27-17, # 8 Exhibit H-Jennifer O'Rourke Dep trans, # 9 Exhibit I-Stephen O'Rourke Dep trans, # 10 Exhibit J-Cooresp 10-13-17 and 10-19-16, # 11 Exhibit K-Dep Notices for Randy BEAEE24, # 12 Exhibit L-email March 2018, # 13 Exhibit M-email April 2018, # 14 Exhibit N-email May 2018, # 15 Exhibit O-Letter from Marrick Armstrong 5-4-18)(Sutton, Barry)
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Legal Document (Payment Possibly Required) 37 Filed: 5/4/2018, Entered: 5/4/2018
Opposed MOTION for Leave to File First Amended Complaint by BEAEE24, filed. Motion Docket Date 5/25/2018. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Proposed Order)(Gourrier, Joseph)
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Legal Document (Payment Possibly Required) 36 Filed: 5/1/2018, Entered: 5/1/2018
MOTION to Strike 35 Surreply to Motion for Summary Judgment by Hunter's Manufacturing Company, Inc. d/b/a Tenpoint Crossbow Technologies, filed. Motion Docket Date 5/22/2018. (Sutton, Barry)
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Legal Document (Payment Possibly Required) 35 Filed: 4/20/2018, Entered: 4/20/2018
SURREPLY to 20 MOTION for Summary Judgment , filed by BEAEE24. (Gourrier, Joseph)
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Legal Document (Payment Possibly Required) 34 Filed: 4/20/2018, Entered: 4/20/2018 Court Filing
ORDER. The current docket control schedule 11 is VACATED. The Court will reset the deadlines for the joint pretrial order, docket call and trial after resolution of the motions, if appropriate. (Signed by Judge Melinda Harmon) Parties notified.(rhawkins)
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Legal Document (Payment Possibly Required) 33 Filed: 4/16/2018, Entered: 4/16/2018
NOTICE Plaintiff's Notice of Filing Billing Record Affidaviits by BEAEE24, filed. (Attachments: # 1 Affidavit Exhibit A, # 2 Affidavit Exhibit B, # 3 Affidavit Exhibit C, # 4 Affidavit Exhibit D, # 5 Affidavit Exhibit E, # 6 Affidavit Exhibit F, # 7 Affidavit Exhibit G)(Gourrier, Joseph)
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Legal Document (Payment Possibly Required) 32 Filed: 4/4/2018, Entered: 4/5/2018 Court Filing
ORDER denying 21 Motion to Modify; Scheduling Order, denying 22 Motion to Compel Written Discovery Respoonses.(Signed by Magistrate Judge Frances H Stacy) Parties notified.(drodriguez, 7)
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Legal Document (Payment Possibly Required) 31 Filed: 4/4/2018, Entered: 4/5/2018 Court Filing
ORDER granting 18 Motion to Designate Responsible Third Party.(Signed by Magistrate Judge Frances H Stacy) Parties notified.(drodriguez, 7)
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Legal Document (Payment Possibly Required) 30 Filed: 4/2/2018, Entered: 4/2/2018
REPLY to Response to 20 MOTION for Summary Judgment , filed by Hunter's Manufacturing Company, Inc. d/b/a Tenpoint Crossbow Technologies. (Attachments: # 1 Exhibit N (News Release-TenPoint))(Sutton, Barry)
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Legal Document (Payment Possibly Required) 29 Filed: 3/29/2018, Entered: 3/29/2018 Court Filing
NOTICE of Referral of Motion to Magistrate Judge Frances H. Stacy re 18 MOTION to Designate Responsible Third Party, filed. (jdav, 4)
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Legal Document (Payment Possibly Required) 28 Filed: 3/23/2018, Entered: 3/23/2018
PROPOSED ORDER Granting Defendant's Motion to Designate Responsible Third Party re: 18 MOTION to Designate Responsible Third Party, filed.(Thompson, Ellisse)
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Legal Document (Payment Possibly Required) 27 Filed: 3/22/2018, Entered: 3/22/2018
RESPONSE in Opposition to 20 MOTION for Summary Judgment , filed by BEAEE24. (Attachments: # 1 Affidavit Verification, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Proposed Order Proposed Order)(Gourrier, Joseph)
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Legal Document (Payment Possibly Required) 26 Filed: 3/21/2018, Entered: 3/21/2018
RESPONSE in Opposition to 22 First MOTION to Compel Discovery, filed by Hunter's Manufacturing Company, Inc. d/b/a Tenpoint Crossbow Technologies. (Attachments: # 1 Exhibit A-Affidavit of Barry Sutton, # 2 Exhibit B-Letter re Protective Order, # 3 Exhibit C-Email with signed protective Order, # 4 Exhibit D-Supplemental Answers)(Sutton, Barry)
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Legal Document (Payment Possibly Required) 25 Filed: 3/21/2018, Entered: 3/21/2018
RESPONSE in Opposition to 21 First MOTION to Modify Scheduling Order, filed by Hunter's Manufacturing Company, Inc. d/b/a Tenpoint Crossbow Technologies. (Attachments: # 1 Exhibit A-Def Int to Plaintiff, # 2 Exhibit B-Def RTP to Plaintiff, # 3 Exhibit C-Plaintiff Ans to RTP, # 4 Exhibit D-Def Obj and Resp to Plaintiff Discovery, # 5 Exhibit E-Letter re Protective Order, # 6 Exhibit F-Email with signed Protective Order, # 7 Exhibit G-Affidavit of Barry Sutton)(Sutton, Barry)
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Legal Document (Payment Possibly Required) 24 Filed: 3/12/2018, Entered: 3/12/2018 Court Filing
NOTICE of Referral of Motion to Magistrate Judge Frances H. Stacy re 21 First MOTION to Modify Scheduling Order, filed. (jdav, 4)
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Legal Document (Payment Possibly Required) 23 Filed: 3/9/2018, Entered: 3/9/2018 Court Filing
NOTICE of Referral of Motion to Magistrate Judge Frances H. Stacy re 22 First MOTION to Compel Discovery, filed. (jdav, 4)
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Legal Document (Payment Possibly Required) 22 Filed: 3/2/2018, Entered: 3/2/2018
First MOTION to Compel Discovery by BEAEE24, filed. Motion Docket Date 3/23/2018. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Gourrier, Joseph)
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Legal Document (Payment Possibly Required) 21 Filed: 3/2/2018, Entered: 3/2/2018
First MOTION to Modify Scheduling Order by BEAEE24, filed. Motion Docket Date 3/23/2018. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Gourrier, Joseph)
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Legal Document (Payment Possibly Required) 20 Filed: 3/1/2018, Entered: 3/1/2018
MOTION for Summary Judgment by Hunter's Manufacturing Company, Inc. d/b/a Tenpoint Crossbow Technologies, filed. Motion Docket Date 3/22/2018. (Attachments: # 1 Exhibit Brief in Support of Motion, # 2 Exhibit A - Manual, # 3 Exhibit B - 2006 catalog page, # 4 Exhibit C - Smith affidavit, # 5 Exhibit D - Saunders Affidavit, # 6 Exhibit E - Warning Tag, # 7 Exhibit F - Plaintiff dep trans, # 8 Exhibit G - Email 2015, # 9 Exhibit H - Inquiry form comm 2015, # 10 Exhibit I - Uvalde medical records, # 11 Exhibit J - Plaintiff ans to int, # 12 Exhibit K - scheduling order, # 13 Exhibit L - Plaintiff resp to RFP, # 14 Exhibit M - Def Expert disclosure, # 15 Exhibit N - Simon Affidavit)(Sutton, Barry)
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Legal Document (Payment Possibly Required) 19 Filed: 2/22/2018, Entered: 2/23/2018 Court Filing
ORDER granting 15 Motion to Compel.(Signed by Magistrate Judge Frances H Stacy) Parties notified.(bwhite, 4)
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Legal Document (Payment Possibly Required) 18 Filed: 2/21/2018, Entered: 2/21/2018
MOTION to Designate Responsible Third Party by Hunter's Manufacturing Company, Inc. d/b/a Tenpoint Crossbow Technologies, filed. Motion Docket Date 3/14/2018. (Sutton, Barry)
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Legal Document (Payment Possibly Required) 17 Filed: 2/7/2018, Entered: 2/7/2018 Court Filing
NOTICE of Referral of Motion to Magistrate Judge Frances H. Stacy re 15 MOTION to Compel Deposition of Randy Klepppel and to Extend Discovery Period to Take Deposition, filed. (jdav, 4)
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Legal Document (Payment Possibly Required) 16 Filed: 1/30/2018, Entered: 1/30/2018
CERTIFICATE OF SERVICE of 15 MOTION to Compel Deposition of Randy Klepppel and to Extend Discovery Period to Take Deposition by Hunter's Manufacturing Company, Inc. d/b/a Tenpoint Crossbow Technologies, filed.(Sutton, Barry)
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Legal Document (Payment Possibly Required) 15 Filed: 1/30/2018, Entered: 1/30/2018
MOTION to Compel Deposition of Randy Klepppel and to Extend Discovery Period to Take Deposition by Hunter's Manufacturing Company, Inc. d/b/a Tenpoint Crossbow Technologies, filed. Motion Docket Date 2/20/2018. (Attachments: # 1 Brief in Support of Motion, # 2 Exhibit email, # 3 Exhibit B-9-26-17 email, # 4 Exhibit C-9-27-17 email, # 5 Exhibit D-Deposition of J. O'Rourke, # 6 Exhibit E-Deposition of S. O'Rourke, # 7 Exhibit F-Letter dated 10-13-17, # 8 Exhibit G-Letter dated 10-19-17, # 9 Exhibit H-FedEx Delivery, # 10 Exhibit I-Affidavit of Attempts, # 11 Exhibit J-Letter dated 1-22-18, # 12 Exhibit K-Shceduling Order)(Sutton, Barry)
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Legal Document (Payment Possibly Required) 14 Filed: 10/13/2017, Entered: 10/13/2017 Court Filing
STIPULATED PROTECTIVE ORDER granting 13 MOTION for Protective Order (Signed by Judge Melinda Harmon) Parties notified.(rhawkins)
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Legal Document (Payment Possibly Required) 13 Filed: 10/10/2017, Entered: 10/10/2017
MOTION for Protective Order by Hunter's Manufacturing Company, Inc. d/b/a Tenpoint Crossbow Technologies, filed. Motion Docket Date 10/31/2017. (Attachments: # 1 Exhibit proposed protective order)(Sutton, Barry)
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Legal Document (Payment Possibly Required) 12 Filed: 9/14/2017, Entered: 9/14/2017
NOTICE of Appearance by Ellisse S. Thompson on behalf of Hunter's Manufacturing Company, Inc. d/b/a Tenpoint Crossbow Technologies, filed. (Thompson, Ellisse)
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Legal Document (Payment Possibly Required) 11 Filed: 4/5/2017, Entered: 4/5/2017 Court Filing
SCHEDULING ORDER. Amended Pleadings due by 6/5/2017. Joinder of Parties due by 6/5/2017 Pltf Expert Witness List due by 8/24/2017. Pltf Expert Report due by 8/24/2017. Deft Expert Witness List due by 10/6/2017. Deft Expert Report due by 10/6/2017. Discovery due by 1/31/2018. Dispositive Motion Filing due by 3/1/2018. Non-Dispositive Motion Filing due by 3/1/2018. Joint Pretrial Order due by 5/8/2018. Docket Call set for 5/18/2018 at 01:30 PM before Judge Melinda Harmon. Trial Term by 5/21/2018(Signed by Judge Melinda Harmon) Parties notified.(bwhite, 4)
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Blank  Filed: 4/5/2017, Entered: 4/5/2017
Minute Entry for proceedings held before Magistrate Judge Frances H Stacy. SCHEDULING CONFERENCE held on 4/5/2017; docket control order to follow. Appearances: Jim Preston Wrotenbery, Joseph Michael Gourrier.(Court Reporter: ERO)(Digital # 11:25 - 11:34)(ERO:T Conrad), filed.(bwhite, 4)
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Legal Document (Payment Possibly Required) 10 Filed: 3/28/2017, Entered: 3/28/2017 Court Filing
NOTICE of Referral of Motion to Magistrate Judge Frances H. Stacy re 9 MOTION to attend initial pretrial and scheduling conference telephonically, filed. (rhawkins)
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Legal Document (Payment Possibly Required) 9 Filed: 3/24/2017, Entered: 3/24/2017
MOTION to attend initial pretrial and scheduling conference telephonically by Hunter's Manufacturing Company, Inc. d/b/a Tenpoint Crossbow Technologies, filed. Motion Docket Date 4/14/2017. (Attachments: # 1 Proposed Order)(Sutton, Barry)
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Legal Document (Payment Possibly Required) 8 Filed: 3/17/2017, Entered: 3/17/2017
JOINT DISCOVERY/CASE MANAGEMENT PLAN by Hunter's Manufacturing Company, Inc. d/b/a Tenpoint Crossbow Technologies, filed.(Sutton, Barry)
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Legal Document (Payment Possibly Required) 7 Filed: 3/13/2017, Entered: 3/13/2017
NOTICE of Appearance by Bishop Bartoni on behalf of Hunter's Manufacturing Company, Inc. d/b/a Tenpoint Crossbow Technologies, filed. (Elmo Bartoni, Bishop)
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Legal Document (Payment Possibly Required) 6 Filed: 3/8/2017, Entered: 3/8/2017
NOTICE of Appearance by Barry B. Sutton on behalf of Hunter's Manufacturing Company, Inc. d/b/a Tenpoint Crossbow Technologies, filed. (Sutton, Barry)
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Legal Document (Payment Possibly Required) 5 Filed: 1/12/2017, Entered: 1/12/2017
ANSWER to 1 State Court Petition/Notice of Removal with Jury Demand by Hunter's Manufacturing Company, Inc. d/b/a Tenpoint Crossbow Technologies, filed.(Wrotenbery, Jim)
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Legal Document (Payment Possibly Required) 4 Filed: 1/6/2017, Entered: 1/6/2017
CERTIFICATE OF INTERESTED PARTIES by BEAEE24, filed.(Gourrier, Joseph)
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Legal Document (Payment Possibly Required) 3 Filed: 1/6/2017, Entered: 1/6/2017
CORPORATE DISCLOSURE STATEMENT by Hunter's Manufacturing Company, Inc. d/b/a Tenpoint Crossbow Technologies, filed.(Wrotenbery, Jim)
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Legal Document (Payment Possibly Required) 2 Filed: 12/23/2016, Entered: 12/23/2016 Court Filing
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 4/5/2017 at 10:00 AM in Courtroom 704 before Magistrate Judge Frances H Stacy(Signed by Judge Melinda Harmon) Parties notified.(ckrus, 4)
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Legal Document (Payment Possibly Required) 1 Filed: 12/22/2016, Entered: 12/22/2016
NOTICE OF REMOVAL from 334th Judicial District Court of Harris County, case number 2016-72159 (Filing fee $ 400 receipt number 0541-17685510) filed by Hunter's Manufacturing Company, Inc. d/b/a Tenpoint Crossbow Technologies. (Attachments: # 1 Civil Cover Sheet, # 2 Docket Sheet, # 3 Plaintiff's Original Petition, # 4 Service - Certified Mail Receipt, # 5 Answer to Complaint)(Wrotenbery, Jim)
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