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Since this appears to be a very large docket, we will only show 500 entries at at time.
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Filed: 4/7/2008, Entered: 4/7/2008 |
Bond |
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Supersedeas BOND Returned 4/7/08. (rban, )
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Filed: 3/20/2008, Entered: 3/25/2008 |
Remark |
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Return Receipt of Mail to John O'Brien Clarke. (rban, )
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| 661 |
Filed: 3/12/2008, Entered: 3/13/2008 |
Order |
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ORDER, finding that this matter has been resolved, the Court hereby directs counsel to contact the Clerk's Office within 30 days, from the date of this order, to arrange for the return of the bond posted in this case. It is further Ordered that, if counsel does not respond to this order, the bond in question shall be destroyed without further notice to counsel or order of the Court.. Signed by Judge District Leonie M. Brinkema on 3/12/08. (Certified Mail)(ltun, )
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| 660 |
Filed: 6/1/2007, Entered: 6/5/2007 |
Satisfaction of Judgment |
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SATISFACTION OF JUDGMENT acknowledging the full and complete satisfaction of judgment entered against deft Larken Properties, Inc. by The Sheet Metal Workers' National Pension Fund, John D. Harrington, Marc Le Blanc. (pmil)
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| 659 |
Filed: 5/19/2006, Entered: 5/22/2006 |
Order |
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SATISFACTION OF JUDGMENT AND ORDER that the Beck Consent Judgment is RELEASED (see Order for details). Signed by Judge Leonie M. Brinkema on 05/19/06. Copies mailed: yes (pmil)
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Filed: 1/6/2005, Entered: 1/6/2005 |
Exhibit |
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Remaining exhibits disposed of by the clerk (kjon)
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Filed: 12/1/2004, Entered: 12/2/2004 |
Docket Annotation |
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Notice for exhibits to be picked up sent to parties (kjon)
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| 658 |
Filed: 9/5/2002, Entered: 9/11/2002 |
USCA Judgment |
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JUDGMENT OF USCA (certified copy), that the Court dismisses these appeal, upon such terms as have been agreed to by the parties, pursuant to Rule 42(b) of the FRCP Re: [653-1] appeal, [651-1] appeal (clerk)
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Filed: 10/30/2001, Entered: 10/30/2001 |
Certificate of Completion |
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Certification of completion sent to USCA re: [653-1] appeal by Larken Properties, I, Larken, Inc., Kenneth M. Cahill, Lawrence A. Cahill, [651-1] appeal by Marc Le Blanc, John D. Harrington (agil)
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| 657 |
Filed: 10/22/2001, Entered: 10/23/2001 |
Order |
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ORDER, that dft's response to pltfs request for fees is granted, and it is hereby ordered that any party seeking fees and/or costs file such a motion within 30 days of the resolution of the parties' appeals. Any opposition must be filed within 15 days thereafter, and any reply must be filed within 5 days. The issue will be resolved on the pleadings without oral argument. (see order for details) (signed by Judge Leonie M. Brinkema) Copies Mailed: Yes [EOD Date: 10/23/01] (kjon)
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| 656 |
Filed: 10/4/2001, Entered: 10/5/2001 |
Response |
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Response by John D. Harrington, Marc Le Blanc to [652-1] Request by Larken Properties to Defer Consideration of Pltf's Motion for Attorney's Fees (clerk)
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| 655 |
Filed: 10/4/2001, Entered: 10/5/2001 |
Notice |
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NOTICE by Marc Le Blanc, John D. Harrington of Submission of Motions Without Oral Argument (clerk)
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| 654 |
Filed: 10/1/2001, Entered: 10/1/2001 |
USCA Order |
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USCA Order re: The Court consolidates these cases (USCA #01-2136 & 01-2168) for purposes of briefing and oral argument and directs that: 1) Marc Le Blanc & John Harrington are designated the appellants for purposes of briefing, preparation of the joint appendix, and oral argument; 2) one joint brief shall be permitted per side; 3) the parties on each side shall share the time allowed for oral argument; 4) each side shall notify the Court of the atty designated as lead counsel within ten days of the date of this order. (clerk)
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Filed: 10/1/2001, Entered: 10/1/2001 |
USCA Case Number |
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USCA Case Number Re: [653-1] appeal by counter-claimant by defendant, counter-claimant, defendant, counter-claimant, defendant, counter-claimant, defendant CASE MANAGER: Margaret Thomas USCA NUMBER: 01-2168; Consolidated with USCA #01-2136 (clerk)
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| 653 |
Filed: 9/26/2001, Entered: 9/27/2001 |
Notice of Appeal |
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NOTICE OF CROSS APPEAL OF [644-1] memorandum opinion of 8/21/01, [645-1] order of 8/21/01 by Lawrence A. Cahill, Kenneth M. Cahill, Larken, Inc., Larken Properties. FILING FEE $ 105.00 RECEIPT # 100 149092 Copies sent to Sht Mtl Wrks Nat Pen, John D. Harrington, Lawrence A. Cahill, Kenneth M. Cahill, Larken, Inc., Larken Properties, I, Edward J. Carlough, Marc Le Blanc; copy of notice of cross appeal, memorandum opinion, order and certified docket entries mailed to USCA (clerk)
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| 652 |
Filed: 9/26/2001, Entered: 9/26/2001 |
Response to Motion |
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RESPONSE by Larken Properties, to [648-1] request by Marc Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen for Attorney Fees (clerk)
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Filed: 9/24/2001, Entered: 9/25/2001 |
USCA Case Number |
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USCA Case Number Re: [651-1] appeal by counter-defendants by plaintiff, counter-defendants, plaintiff CASE MANAGER: Margaret Thomas USCA NUMBER: 01-2136 (clerk)
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| 651 |
Filed: 9/14/2001, Entered: 9/17/2001 |
Notice of Appeal |
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NOTICE OF APPEAL OF [644-1] memorandum opinion of 8/21/01, [645-1] order of 8/21/01 by John D. Harrington, Marc Le Blanc. FILING FEE $ 105.00 RECEIPT 100 148829 Copies sent to Sht Mtl Wrks Nat Pen, John D. Harrington, Lawrence A. Cahill, Kenneth M. Cahill, Larken, Inc., Larken Properties, I, Edward J. Carlough, Cavet Snyder, June M. Carlough, Sht Mtl Wrks Nat Pen, Lawrence A. Cahill, Kenneth M. Larken, Inc., Larken Properties, I, Sht Mtl Wrks Nat Pen, John D. Harrington, Arthur Moore, Alan J. Chermak, Matthew B. Hernandez Jr., Clinton O. Gowan Jr., Ronald Palmerick, Bruce Stockwell, Marc Le Blanc, Marc Le Blanc, Judith L. Boyce Jones, Arthur Moore, Alan J. Chermak, Matthew B. Hernandez Jr., Clinton O. Gowan Jr., Ronald Palmerick, Bruce Stockwell, Sht Mtl Wrks Nat Pen, John D. Harrington, Marc Le Blanc, Arthur Moore, Alan J. Chermak, Matthew B. Hernandez Jr., Clinton O. Gowan Jr., Ronald Palmerick, Bruce Stockwell, Thorne Consultants, Marc Le Blanc, Sht Mtl Wrks Nat Pen, John D. Harrington, Marc Le Blanc, Sht Mtl Wrks Nat Pen, John D. Harrington, Cavet Snyder, Marc Le Blanc, Sht Mtl Wrks Nat Pen, John D. Harrington, Pa National Union Fire, Popham, Haik, Schnob, Alexis M. Herman; copy of notice of appeal, memorandum opinion, order and certified docket entries mailed to USCA (clerk) Modified on 09/17/2001
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| 650 |
Filed: 9/4/2001, Entered: 9/4/2001 |
Affidavit |
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Declaration of John O'B. Clarke, Jr. filed by Sht Mtl Wrks Nat Pen, John D. Harrington, Arthur Moore for [648-1] motion by Marc Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen for Attorney Fees (clerk)
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| 649 |
Filed: 9/4/2001, Entered: 9/4/2001 |
Memorandum in Support |
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MEMORANDUM by Sht Mtl Wrks Nat Pen, John D. Harrington, Marc Le Blanc in support of [648-1] motion by Marc Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen for Attorney Fees (clerk)
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| 648 |
Filed: 9/4/2001, Entered: 9/4/2001, Terminated: 10/22/2001 |
Motion for Attorney Fees |
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MOTION by Marc Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen for Attorney Fees (clerk)
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Filed: 8/31/2001, Entered: 9/4/2001 |
Remark |
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Relevant Trial Exhibits, (LARKEN/SHEET METAL WORKERS UNION), July, 2001 in one small black binder (clerk)
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| 647 |
Filed: 8/22/2001, Entered: 8/23/2001 |
Transcript |
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TRANSCRIPT for dates of July 13, 2001 (LMB) - Filed (ppal)
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| 646 |
Filed: 8/21/2001, Entered: 8/22/2001 |
Judgment* |
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JUDGMENT is hereby entered in favor or Plaintiffs against Larken Properties, Inc. in the amount of $871,544.12 and in favor of Defendants, Larken, Inc., Lawrence Cahill, and Kenneth Cahill pursuant to FRCP 58. ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes [EOD DATE: 8/22/01] (clerk)
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| 645 |
Filed: 8/21/2001, Entered: 8/21/2001 |
Order |
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ORDER, for the reasons stated in the accompanying Memorandum Opinion, that judgment be and is entered in pltf's favor against dft Larken Properties, Inc. in the amount of $871,544.12; that judgment be and is entered in favor of dfts Larken, Inc., Lawrence Cahill, and Kenneth Cahill; [636-1] motion by Larken, Inc., Larken Properties, I, Kenneth M. Cahill, Lawrence A. Cahill to Strike [632-1] Pltf's Supplemental Expert Report is DENIED WITHOUT PREJUDICE as MOOT; The Clerk is directed to enter judgment in pltfs' favor against dft Larken Properties, Inc. and in favor of dfts Larken, Inc., Lawrence Cahill, and Kenneth Cahill pursuant to FRCP 58. ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes [EOD Date: 8/21/01] (clerk)
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| 644 |
Filed: 8/21/2001, Entered: 8/21/2001 |
Memorandum and Opinion |
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MEMORANDUM OPINION - filed. ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (clerk)
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Filed: 8/21/2001, Entered: 8/22/2001 |
Docket Annotation |
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All pleadings accounted for and in order (clerk)
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Filed: 8/21/2001, Entered: 8/22/2001 |
Terminated Case |
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Case closed (clerk)
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Filed: 7/13/2001, Entered: 7/13/2001 |
Motion Hearing |
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Motion hearing held before Judge Brinkema; Reporter: T. DeSinze; Appearances by counsel for parties. Matter remanded by the 4th Circuit for further review-Matter argued by counsel and taken under advisement. (rtra)
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| 643 |
Filed: 7/11/2001, Entered: 7/11/2001 |
Notice |
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NOTICE by Larken Properties, I, Larken, Inc., Kenneth M. Cahill, Lawrence A. Cahill of Concurrence (clerk)
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| 642 |
Filed: 7/9/2001, Entered: 7/10/2001 |
Remark |
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SUPPLEMENTAL RECORD MATERIAL filed by plaintiff John D. Harrington, plaintiff Marc Le Blanc (LARGE PLEADING) (clerk)
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| 641 |
Filed: 7/9/2001, Entered: 7/10/2001 |
Notice |
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NOTICE by Marc Le Blanc, John D. Harrington of Filing; with this notice, a bound volume of Supplemental Record Material (clerk)
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| 640 |
Filed: 7/6/2001, Entered: 7/6/2001 |
Notice of Hearing. |
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NOTICE of Hearing: Motion Hearing Deadline set for 10:00 7/13/01 for [636-1] motion by Larken, Inc., Larken Properties, I, Kenneth M. Cahill, Lawrence A. Cahill to Strike [632-1] Pltf's Supplemental Expert Report (clerk)
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| 639 |
Filed: 7/5/2001, Entered: 7/6/2001 |
Memorandum in Opposition |
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MEMORANDUM by John D. Harrington, Marc Le Blanc in opposition to [636-1] motion by Larken, Inc., Larken Properties, I, Kenneth M. Cahill, Lawrence A. Cahill to Strike [632-1] Pltf's Supplemental Expert Report (clerk)
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| 638 |
Filed: 6/28/2001, Entered: 7/2/2001 |
Miscellaneous Document |
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Reply Memorandum of Plaintiffs John D. Harrington, Marc Le Blanc (clerk)
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| 637 |
Filed: 6/22/2001, Entered: 6/22/2001 |
Memorandum in Support |
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MEMORANDUM OF POINTS AND AUTHORITIES by Lawrence A. Cahill, Kenneth M. Cahill, Larken Properties, I, Larken, Inc. in support of [636-1] motion Larken, Inc., Larken Properties, I, Kenneth M. Cahill, Lawrence A. Cahill to Strike [632-1] Pltf's Supplemental Expert Report (clerk)
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| 636 |
Filed: 6/22/2001, Entered: 6/22/2001, Terminated: 8/21/2001 |
Motion to Strike |
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MOTION by Larken, Inc., Larken Properties, I, Kenneth M. Cahill, Lawrence A. Cahill to Strike [632-1] Pltf's Supplemental Expert Report (clerk)
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Filed: 6/22/2001, Entered: 6/25/2001 |
Motion Hearing |
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Motion hearing re: [636-1] motion by Larken, Inc., Larken Properties, I, Kenneth M. Cahill, Lawrence A. Cahill to Strike [632-1] Pltf's Supplemental Expert Report set at 10:00 7/13/01 (clerk)
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| 635 |
Filed: 6/19/2001, Entered: 6/20/2001 |
Order |
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ORDER, that the pltfs may file and serve upon the dft their Reply by 5:00 pm on Thursday, 6/28/01. (See order for details)( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes [EOD Date: 6/20/01] (clerk)
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| 634 |
Filed: 6/11/2001, Entered: 6/11/2001 |
Remark |
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Memorandum of Law filed by Lawrence A. Cahill, Kenneth M. Cahill, Larken, Inc., Larken Properties, I to Address the Effect of Harris Trust and Savings Bank v. Saloman Smith Barney, Inc. (clerk)
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| 633 |
Filed: 5/8/2001, Entered: 5/10/2001 |
Affidavit |
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Declaration of Maurice J. Whalen (LARGE PLEADING) (clerk) Modified on 05/10/2001
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| 632 |
Filed: 5/8/2001, Entered: 5/10/2001 |
Remark |
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Supplemental Exhibits by plaintiff John D. Harrington, Marc Le Blanc in support of [631-1] memorandum of Pltfs on remand (clerk)
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| 631 |
Filed: 5/8/2001, Entered: 5/10/2001 |
Memorandum in Support |
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MEMORANDUM by John D. Harrington, Marc Le Blanc on Remand (clerk)
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| 630 |
Filed: 5/7/2001, Entered: 5/7/2001 |
Order |
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ORDER, that pltfs Marc Le Blanc and Joh D. Harrington shall serve their opening Memo on or before 5/7/01, and shall file that pleadings on or before 5/8/01; that dft Lawrence A. Cahill, Kenneth M. Cahill, Larken, Inc. and Larken Properties, Inc. shall file their Memo in reponse to pltfs' Memo on or before 6/11/01; that if pltfs wish to reply to dfts' Memo, they shall file that Reply Memo on or before 6/22/01; that this case shall be scheduled for oral argument on 7/13/01. (See order for details)( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes [EOD Date: 5/7/01] (clerk)
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Filed: 5/7/2001, Entered: 5/7/2001 |
Set/Reset Deadlines: |
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Deadline updated; reset Hearing Deadline for 10:00 7/13/01 for Oral Argument (clerk)
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| 629 |
Filed: 5/1/2001, Entered: 5/1/2001, Terminated: 8/21/2001 |
Motion for Miscellaneous Relief |
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CONSENTED TO MOTION by John D. Harrington, Marc Le Blanc to Modify Briefing Schedule (clerk)
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Filed: 4/26/2001, Entered: 5/1/2001 |
Remark |
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Notice of Filing by plaintiff Marc Le Blanc, plaintiff John D. Harrington of Deferred Appendix (in three volumes) and Supplemental Joint Appendix (in one volume), which were filed with the USCA for the 4th Circuit #99-1866. (clerk)
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| 628 |
Filed: 4/16/2001, Entered: 4/17/2001 |
Order |
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BRIEFING SCHEDULE/ORDER, that pltfs Marc Le Blanc and John D. Harrington shall serve their opening Memorandum on or before 5/2/01, and shall file that pleadings on or before 5/3/01; that dfts Lawrence A. Cahill, Kenneth M. Cahill, and Larken, Inc. shall serve their Memorandum in response to pltf's Memorandum on or before 5/25/01, and shall file that pleading on or before 5/29/01; that if pltfs wish to reply to dfts' Memorandum, they shall serve and file that Reply Memoranum on or before 6/1/01; that this case shall be scheduled for oral argument on 6/22/01. (See order for details)( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes [EOD Date: 4/17/01] (clerk)
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Filed: 4/16/2001, Entered: 4/17/2001 |
Set/Reset Deadlines: |
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Deadline updated; set Hearing Deadline for 10:00 6/22/01 for Oral Argument (clerk)
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| 627 |
Filed: 4/10/2001, Entered: 4/11/2001 |
USCA Judgment |
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JUDGMENT OF USCA (certified copy), together with unpublished opinion, decided on 2/13/01, vacating the judgment of the USDC and remanding for further proceedings consistent with this opinion and the Supreme Court's holding in Harris Trust Re: [625-1] appeal (clerk)
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| 626 |
Filed: 4/10/2001, Entered: 4/11/2001 |
USCA Order |
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USCA Order re: Appellants have filed a bill of costs. The Court awards $2,680.81 in costs. (clerk)
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Filed: 4/10/2001, Entered: 4/16/2001 |
Case Reopened |
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Case reopened (clerk)
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Filed: 8/11/1999, Entered: 8/11/1999 |
Certificate of Completion |
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Certification of completion sent to USCA re: [625-1] appeal by John D. Harrington, Sht Mtl Wrks Nat Pen (agil)
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Filed: 7/1/1999, Entered: 7/2/1999 |
USCA Case Number |
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USCA Case Number Re: [625-1] appeal by counter-defendants by plaintiff, counter-defendants, plaintiff CASE MANAGER: Diane Burke USCA NUMBER: 99-1866 (klau)
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| 625 |
Filed: 6/22/1999, Entered: 6/25/1999 |
Notice of Appeal |
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NOTICE OF APPEAL OF [623-1] order, [591-1] order by Sht Mtl Wrks Nat Pen, John D. Harrington . FILING FEE $ 105.00 RECEIPT # 100 129669 Copies sent to Carl Moore, Sht Mtl Wrks Nat Pen, John D. Harrington, Arthur Moore, Alan J. Chermak, Matthew B. Hernandez Jr., Clinton O. Gowan Jr., Ronald Palmerick, Bruce Stockwell, Edward I. Williams, Oakleigh J. Thorne, Thorne Consultants, Rick Mandrell, Lawrence A. Cahill, Kenneth M. Cahill, James W. Beck, Charles E. Underbrink, Larken, Inc., Larken Properties, I, Edward J. Carlough, Gordon Jones, Cavet Snyder, June M. Carlough, Edward Williams, Carl Moore, Sht Mtl Wrks Nat Pen, Lawrence A. Cahill, Kenneth M. Cahill, Larken, Inc., Larken Properties, I, Carl Moore, Sht Mtl Wrks Nat Pen, John D. Harrington, Arthur Moore, Alan J. Chermak, Matthew B. Hernandez Jr., Clinton O. Gowan Jr., Ronald Palmerick, Bruce Stockwell, Marc Le Blanc, Marc Le Blanc, Judith L. Boyce Jones, Rick Mandrell, Arthur Moore, Alan J. Chermak, Matthew B. Hernandez Jr., Clinton O. Gowan Jr., Ronald Palmerick, Bruce Stockwell, Rick Mandrell, Sht Mtl Wrks Nat Pen, John D. Harrington, Marc Le Blanc, Oakleigh J. Thorne, Arthur Moore, Alan J. Chermak, Matthew B. Hernandez Jr., Clinton O. Gowan Jr., Ronald Palmerick, Bruce Stockwell, Oakleigh J. Thorne, Thorne Consultants, Marc Le Blanc, Sht Mtl Wrks Nat Pen, John D. Harrington, Charles E. Underbrink, Marc Le Blanc, Sht Mtl Wrks Nat Pen, John D. Harrington, Edward I. Williams, Marc Le Blanc, Sht Mtl Wrks Nat Pen, John D. Harrington, Cavet Snyder, Marc Le Blanc, Sht Mtl Wrks Nat Pen, John D. Harrington, Pa National Union Fire, Popham, Haik, Schnob, Alexis M. Herman (clerk)
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Filed: 6/16/1999, Entered: 6/16/1999 |
Docket Annotation |
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NOTE: The Bill of Costs in amt of $62,929.05 is resolved in the Memo Opinion and Order of Judge Brinkema dated 5/24/99 and is no longer pending - per Chambers of LMB. (jsol)
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| 624 |
Filed: 5/27/1999, Entered: 6/1/1999 |
Notice |
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NOTICE of ERRATA SHEET re: The Clerk is directed to substitute the revised page 17 in the Court's copy of the May 24, 1999 Memorandum Opinion and to forward copies of this Notice and the accompanying Errata Sheet to counsel of record. (signed by Judge Leonie M. Brinkema) Copies sent. (klau)
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| 623 |
Filed: 5/24/1999, Entered: 5/25/1999 |
Order |
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ORDER in accordance with the accompanying Memorandum Opinion granting [598-1] motion by Marc Le Blanc, John D. Harrington for an award of Attorney Fees and costs in the amt. of $100,000.00 and costs in the amt. of $10,000.00, for a total award of $110,000.00 against deft. Larken Properties, Inc. ( signed by Judge Leonie M. Brinkema ) Copies Mailed: y (clerk)
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| 622 |
Filed: 5/24/1999, Entered: 5/25/1999 |
Memorandum and Opinion |
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MEMORANDUM OPINION ( signed by Judge Leonie M. Brinkema ) Copies Mailed: y (clerk)
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Filed: 5/20/1999, Entered: 5/20/1999 |
Docket Annotation |
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Per LMB chambers motions set for 5/21/99 on papers (clar)
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| 621 |
Filed: 5/17/1999, Entered: 5/18/1999 |
Reply to Response to Motion |
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REPLY by Lawrence A. Cahill, Kenneth M. Cahill, Larken, Inc. to response to [598-1] motion by Marc Le Blanc, John D. Harrington for an award of Attorney Fees and costs (clar)
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| 620 |
Filed: 5/17/1999, Entered: 5/18/1999 |
Reply to Response to Motion |
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REPLY by Sht Mtl Wrks Nat Pen, John D. Harrington, Marc Le Blanc to response to [598-1] motion by Marc Le Blanc, John D. Harrington for an award of Attorney Fees and costs (clar)
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| 618 |
Filed: 5/12/1999, Entered: 5/13/1999 |
Order |
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STIPULATION AND ORDER, Pursuant to FRCP 41(a)(2) and in accordance with the above Stipulation of Dismissal With Prejudice, the Plaintiffs' claims against Charles Underbrink shall be dismissd with prejudice, and each party shall bear its own costs, including attorneys' fees and disbursements. Let final judgment be entered accordingly. - ent. & filed ( signed by Judge Leonie M. Brinkema Copies Mailed: yes (klau)
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| 617 |
Filed: 5/12/1999, Entered: 5/13/1999 |
Transcript |
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TRANSCRIPT(Volume III) for dates of 3/17/99 before Judge Brinkema (clerk)
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| 616 |
Filed: 5/12/1999, Entered: 5/13/1999 |
Transcript |
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TRANSCRIPT(Volume II) for dates of 3/16/99 before Judge Brinkema. (clerk)
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| 615 |
Filed: 5/12/1999, Entered: 5/13/1999 |
Transcript |
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TRANSCRIPT Volume I for dates of 3/15/99 before Judge Brinkema (clerk)
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|
| 614 |
Filed: 5/5/1999, Entered: 5/6/1999 |
Order |
|
MEMORANDUM OPINION AND ORDER denying [606-1] motion by Charles E. Underbrink to Alter, denying [606-2] motion by Charles E. Underbrink to Amend Opinion and Findings - ent. & filed ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (klau)
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|
|
|
|
|
| -- |
Filed: 5/4/1999, Entered: 5/4/1999 |
Set/Reset Deadlines: |
|
Deadline updated; Motion Hearing set for 10:00 5/21/99 for [598-1] motion by Marc Le Blanc, John D. Harrington for an award of Attorney Fees and costs (clar)
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|
|
|
|
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| 613 |
Filed: 5/3/1999, Entered: 5/5/1999 |
Objection |
|
OBJECTION by plaintiff Sht Mtl Wrks Nat Pen, plaintiff John D. Harrington, plaintiff Marc Le Blanc to [602-1] motion by Larken, Inc., Kenneth M. Cahill, Lawrence A. Cahill for an Award of Attorneys' Fees and Costs (klau)
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|
|
|
|
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| 612 |
Filed: 5/3/1999, Entered: 5/5/1999 |
Objection |
|
OPPOSITION by defendant Lawrence A. Cahill, defendant Kenneth M. Cahill, defendant Larken, Inc., defendant Larken Properties, I to [598-1] motion by Marc Le Blanc, John D. Harrington for an award of Attorney Fees and costs (klau)
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|
|
|
|
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| 611 |
Filed: 5/3/1999, Entered: 5/5/1999 |
Objection |
|
OPPOSITION by defendant Larken Properties, I to [595-1] motion by Sht Mtl Wrks Nat Pen to Alter or Amend Judgment (klau)
|
|
|
|
|
|
| 610 |
Filed: 4/28/1999, Entered: 4/28/1999 |
Objection |
|
OPPOSITION by plaintiff Sht Mtl Wrks Nat Pen, plaintiff John D. Harrington, plaintiff Marc Le Blanc to [606-1] motion Charles E. Underbrink to Alter , [606-2] motion by Charles E. Underbrink to Amend Opinion Findings (klau)
|
|
|
|
|
|
| 609 |
Filed: 4/19/1999, Entered: 4/21/1999 |
Notice of Hearing. |
|
NOTICE of Hearing: Motion Hearing set for 10:00 5/21/99 for [606-1] motion by Charles E. Underbrink to Alter, set for 10:00 5/21/99 for [606-2] motion by Charles E. Underbrink to Amend Opinion and Findings (clar)
|
|
|
|
|
|
| 608 |
Filed: 4/7/1999, Entered: 4/8/1999 |
Notice of Hearing. |
|
NOTICE of Hearing: Motion Hearing set for 10:00 4/30/99 for [606-1] motion by Charles E. Underbrink to Alter, set for 10:00 4/30/99 for [606-2] motion by Charles E. Underbrink to Amend Opinion and Findings (klau)
|
|
|
|
|
|
| 607 |
Filed: 4/7/1999, Entered: 4/8/1999 |
Memorandum in Support |
|
MEMORANDUM by Charles E. Underbrink in support of [606-1] motion by Charles E. Underbrink to Alter , [606-2] motion by Charles E. Underbrink to Amend Opinion and Findings (klau)
|
|
|
|
|
|
| 606 |
Filed: 4/7/1999, Entered: 4/8/1999, Terminated: 5/5/1999 |
Motion for Miscellaneous Relief |
|
MOTION by Charles E. Underbrink to Alter , or by Charles E. Underbrink to Amend Opinion and Findings (klau)
|
|
|
|
|
|
| 605 |
Filed: 4/7/1999, Entered: 4/8/1999 |
Bill of Costs |
|
Bill of costs (Petition for Costs) in the amount of 62,929.05 for Lawrence A. Cahill, Kenneth M. Cahill, Larken, Inc. (klau)
|
|
|
|
|
|
| 604 |
Filed: 4/7/1999, Entered: 4/8/1999 |
Notice of Hearing. |
|
NOTICE of Hearing: Motion Hearing set for 10:00 5/7/99 for [602-1] motion by Larken, Inc., Kenneth M. Cahill, Lawrence A. Cahill for an Award of Attorneys' Fees (klau)
|
|
|
|
|
|
| 603 |
Filed: 4/7/1999, Entered: 4/8/1999 |
Memorandum in Support |
|
MEMORANDUM by Lawrence A. Cahill, Kenneth M. Cahill, Larken, Inc. in support of [602-1] motion by Larken, Inc., Kenneth M. Cahill, Lawrence A. Cahill for an Award of Attorneys' Fees (LARGE PLEADING) (klau)
|
|
|
|
|
|
| 602 |
Filed: 4/7/1999, Entered: 4/8/1999 |
Motion for Attorney Fees |
|
MOTION by Larken, Inc., Kenneth M. Cahill, Lawrence A. Cahill for an Award of Attorneys' Fees (klau)
|
|
|
|
|
|
| 601 |
Filed: 4/7/1999, Entered: 4/7/1999 |
Notice of Hearing. |
|
NOTICE of Hearing: Motion Hearing set for 10:00 4/16/99 for [598-1] motion by Marc Le Blanc, John D. Harrington for an award of Attorney Fees and costs (clar)
|
|
|
|
|
|
| 600 |
Filed: 4/7/1999, Entered: 4/7/1999 |
Affidavit |
|
Declaration of counsel (large pleading) (clar)
|
|
|
|
|
|
| 599 |
Filed: 4/7/1999, Entered: 4/7/1999 |
Memorandum in Support |
|
MEMORANDUM by John D. Harrington, Marc Le Blanc in support of [598-1] motion by Marc Le Blanc, John D. Harrington for an award of Attorney Fees and costs (clar)
|
|
|
|
|
|
| 598 |
Filed: 4/7/1999, Entered: 4/7/1999, Terminated: 5/24/1999 |
Motion for Attorney Fees |
|
MOTION by Marc Le Blanc, John D. Harrington for an award of Attorney Fees and costs (clar)
|
|
|
|
|
|
| 597 |
Filed: 4/7/1999, Entered: 4/7/1999 |
Notice of Hearing. |
|
NOTICE of Hearing: Motion Hearing set for 10:00 4/16/99 for [595-1] motion by Sht Mtl Wrks Nat Pen to Alter or Amend Judgment (clar)
|
|
|
|
|
|
| 596 |
Filed: 4/7/1999, Entered: 4/7/1999 |
Memorandum in Support |
|
MEMORANDUM by Sht Mtl Wrks Nat Pen in support of [595-1] motion by Sht Mtl Wrks Nat Pen to Alter or Amend Judgment by Sht Mtl Wrks Nat Pen (clar)
|
|
|
|
|
|
| 595 |
Filed: 4/7/1999, Entered: 4/7/1999, Terminated: 6/16/1999 |
~Motion to Alter Judgment |
|
MOTION by Sht Mtl Wrks Nat Pen to Alter or Amend Judgment (clar)
|
|
|
|
|
|
| 594 |
Filed: 3/29/1999, Entered: 3/30/1999 |
Transcript |
|
TRANSCRIPT for dates of 3/16/99 (LMB) - filed (klau)
|
|
|
|
|
|
| 593 |
Filed: 3/25/1999, Entered: 3/25/1999 |
Transcript |
|
TRANSCRIPT for dates of 3/12/99 (LMB) - filed (klau)
|
|
|
|
|
|
| 592 |
Filed: 3/24/1999, Entered: 3/25/1999 |
Judgment* |
|
JUDGMENT is hereby entered in favor of plaintiffs against Larken Properties, Inc. in the amount of $691,821.51 and in defendants Lawrence Cahill's, Kenneth Cahill's, and Larken, Inc.'s favor pursuant to Fed. R. Civ. P. 58. - ent. & filed by the Clerk ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (klau)
|
|
|
|
|
|
| 591 |
Filed: 3/24/1999, Entered: 3/25/1999 |
Order |
|
ORDER for the reasons stated in the accompanying Memorandum Opinion, it is hereby ORDERED that judgment be and is entered in favor of plaintiffs against defendant Larken Properties, Inc. in the amount of $691,821.51; and it is further ORDERED that judgment be and is entered in favor of defendants Lawrence Cahill, Kenneth Cahill, and Larken, Inc. ---- (see order for details) - ent. & filed ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (klau)
|
|
|
|
|
|
| 590 |
Filed: 3/24/1999, Entered: 3/25/1999 |
Memorandum and Opinion |
|
MEMORANDUM OPINION - filed ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (klau)
|
|
|
|
|
|
| -- |
Filed: 3/24/1999, Entered: 3/25/1999 |
Terminated Case |
|
Case closed (klau)
|
|
|
|
|
|
| -- |
Filed: 3/17/1999, Entered: 3/17/1999 |
Bench Trial - Held |
|
Bench trial continued before Judge Brinkema; Reporter: Thomson; Appearances by counsel for parties. Plaintiff continued w/rebuttal case, adduced evidence in rebuttal and rested. Plaintiff to furnish Court w/Amended supplemental calculations by 3/19/99. Defendant renews Rule 50 motion-Argued by parties. Matter taken under advisement-Order to enter as soon as possible. (rtra)
|
|
|
|
|
|
| -- |
Filed: 3/16/1999, Entered: 3/17/1999 |
Bench Trial - Held |
|
Bench trial continued before Judge Brinkema; Reporter: Thomson; Apearances by counsel for parties. Plaintiff continued to adduce evidence and rested as to liability. Defendant's Rule 50 motion- Denied. Defendant adduced evidence and rested as to liability. Plaintiff adduced evidence as to damages and rested. Defendant adduced evidence as to damages. Court adjourned to return 3/17/99 at 10:00 a.m. (rtra)
|
|
|
|
|
|
| 589 |
Filed: 3/15/1999, Entered: 3/15/1999 |
Findings of Fact and Conclusions of Law |
|
LARKEN DEFENDANT'S FINDINGS OF FACT AND CONCLUSIONS OF LAW filed in open court (rtra)
|
|
|
|
|
|
| -- |
Filed: 3/15/1999, Entered: 3/15/1999 |
Bench Trial - Held |
|
Bench trial held before Judge Brinkema; Reporter: Thomson; Appearances by counsel for parties. Rule on witnesses. Opening statements made. Plaintiff adduced evidence. Court adjourned to return 3/16/99 at 10:00 a.m. (rtra)
|
|
|
|
|
|
| 588 |
Filed: 3/12/1999, Entered: 3/15/1999 |
Proposed Findings of Fact |
|
PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW by Sht Mtl Wrks Nat Pen, John D. Harrington (sent to LMB) (jsol)
|
|
|
|
|
|
| 587 |
Filed: 3/12/1999, Entered: 3/12/1999 |
Order |
|
ORDER denying [568-1] motion by Marc Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen in Limine to Strike Report and testimony of Expert for Larken Defts, denying [564-1] motion by Marc Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen to Expedite Motion In Limine to exclude evidence considering the Doubletree Hotel (currently set for 3/12/99) ( signed by Judge Leonie M. Brinkema ) Copies Mailed: 03.12.99 (rtra)
|
|
|
|
|
|
| 586 |
Filed: 3/12/1999, Entered: 3/12/1999 |
Transcript |
|
TRANSCRIPT for dates of 2/26/99 (LMB) - filed (klau)
|
|
|
|
|
|
| Save 25% on a pre-paid one year subscription. |
|
|
| -- |
Filed: 3/12/1999, Entered: 3/12/1999 |
Minutes-Miscellaneous |
|
Minute entry: Judge Brinkema; Reporter: Thomson; Appearances by counsel for parties; Matter came on for Pltf's motions in limine-Argued and Denied. Trial to begin 3/15/99 at 10:00 a.m., Matter of Liability to be tried first. Order to follow. (rtra)
|
|
|
|
|
|
| -- |
Filed: 3/12/1999, Entered: 3/12/1999 |
Exhibit |
|
Exhibits received by Plaintiff Sht Mtl Wrks Nat Pen, John D. Harrington, Marc Le Blanc ( 10 Black Binders) (klau)
|
|
|
|
|
|
| -- |
Filed: 3/12/1999, Entered: 3/12/1999 |
Exhibit |
|
Exhibits received by Larken Defendants ( 2 black binders) (klau)
|
|
|
|
|
|
| 585 |
Filed: 3/10/1999, Entered: 3/11/1999 |
Discovery - Miscellaneous |
|
SUPPLEMENTAL Designation of Deposition Testimony filed by Larken, Inc., Larken Properties, I, Lawrence A. Cahill, Kenneth M. Cahill (klau)
|
|
|
|
|
|
| 584 |
Filed: 3/10/1999, Entered: 3/11/1999 |
Objection |
|
OBJECTIONS by defendant Larken, Inc., defendant Larken Properties, I, defendant Lawrence A. Cahill, defendant Kenneth M. Cahill to Plaintiffs' List of Witnesses (klau)
|
|
|
|
|
|
| 583 |
Filed: 3/10/1999, Entered: 3/11/1999 |
Objection |
|
OBJECTIONS by defendant Larken, Inc., defendant Larken Properties, I, defendant Lawrence A. Cahill, defendant Kenneth M. Cahill to Plaintiffs' Trial Exhibits (klau)
|
|
|
|
|
|
| 582 |
Filed: 3/10/1999, Entered: 3/11/1999 |
Response in Opposition to Motion |
|
RESPONSE by Lawrence A. Cahill, Kenneth M. Cahill, Larken, Inc., Larken Properties, I in opposition to [565-1] motion by Marc Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen in Limine to exclude evidence considering the Doubletree Hotel by Marc Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen (clerk)
|
|
|
|
|
|
| 581 |
Filed: 3/10/1999, Entered: 3/11/1999 |
Response in Opposition to Motion |
|
RESPONSE by Lawrence A. Cahill, Kenneth M. Cahill, Larken, Inc., Larken Properties, I in opposition to [568-1] motion by Marc Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen in Limine to Strike Report and testimony of Expert for Larken Defts by Marc Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen (clerk)
|
|
|
|
|
|
| 580 |
Filed: 3/10/1999, Entered: 3/10/1999 |
Objection |
|
OBJECTION by defendant Lawrence A. Cahill, defendant Kenneth M. Cahill, defendant Larken, Inc., defendant Larken Properties, I to [573-1] exhibits list by Kenneth M. Cahill, Lawrence A. Cahill, Larken Properties, I, Larken, Inc. (clerk)
|
|
|
|
|
|
| 579 |
Filed: 3/9/1999, Entered: 3/9/1999 |
Discovery - Miscellaneous |
|
Designation of Deposition Testimony for Use at Trial filed by Larken, Inc., Larken Properties, I, Lawrence A. Cahill, Kenneth M. Cahill (klau)
|
|
|
|
|
|
| 578 |
Filed: 3/8/1999, Entered: 3/9/1999 |
Exhibit |
|
Exhibit list by Charles E. Underbrink (klau)
|
|
|
|
|
|
| 577 |
Filed: 3/8/1999, Entered: 3/9/1999 |
Witness List |
|
Witness list by Charles E. Underbrink (klau)
|
|
|
|
|
|
| 576 |
Filed: 3/8/1999, Entered: 3/9/1999 |
Discovery - Miscellaneous |
|
Designation of Deposition Testimony filed by Charles E. Underbrink (klau)
|
|
|
|
|
|
| 575 |
Filed: 3/8/1999, Entered: 3/9/1999 |
Witness List |
|
Witnesses list by Sht Mtl Wrks Nat Pen, John D. Harrington, Marc Le Blanc (klau)
|
|
|
|
|
|
| 574 |
Filed: 3/8/1999, Entered: 3/9/1999 |
Exhibit |
|
Exhibits list by Sht Mtl Wrks Nat Pen, John D. Harrington, Marc Le Blanc (klau)
|
|
|
|
|
|
| 573 |
Filed: 3/8/1999, Entered: 3/9/1999 |
Exhibit |
|
Exhibit list by Larken, Inc., Larken Properties, I, Lawrence A. Cahill, Kenneth M. Cahill (klau) Modified on 03/09/1999
|
|
|
|
|
|
| 572 |
Filed: 3/8/1999, Entered: 3/9/1999 |
Witness List |
|
Proposed Witness list by Larken, Inc., Larken Properties, I, Lawrence A. Cahill, Kenneth M. Cahill (klau)
|
|
|
|
|
|
| 571 |
Filed: 3/4/1999, Entered: 3/5/1999 |
Order |
|
ORDER denying [565-1] motion by Marc Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen in Limine to exclude evidence considering the Doubletree Hotel - ent. & file ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (klau)
|
|
|
|
|
|
| 570 |
Filed: 3/4/1999, Entered: 3/5/1999 |
Notice of Hearing. |
|
NOTICE of Hearing: Motion Hearing set for 10:00 3/12/99 for [568-1] motion by Marc Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen in Limine to Strike Report and testimony of Expert for Larken Defts (clerk)
|
|
|
|
|
|
| 569 |
Filed: 3/4/1999, Entered: 3/5/1999 |
Memorandum in Support |
|
MEMORANDUM by Sht Mtl Wrks Nat Pen, John D. Harrington, Marc Le Blanc in support of [568-1] motion by Marc Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen in Limine to Strike Report and testimony of Expert for Larken Defts by Marc Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen (clerk)
|
|
|
|
|
|
| 568 |
Filed: 3/4/1999, Entered: 3/5/1999, Terminated: 3/12/1999 |
Motion in Limine |
|
MOTION by Marc Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen in Limine to Strike Report and testimony of Expert for Larken Defts (clerk)
|
|
|
|
|
|
| 567 |
Filed: 3/1/1999, Entered: 3/1/1999 |
Notice of Hearing. |
|
NOTICE of Hearing: Motion Hearing set for 10:00 3/12/99 for [565-1] motion by Marc Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen in Limine to exclude evidence considering the Doubletree Hotel (clerk)
|
|
|
|
|
|
| 566 |
Filed: 3/1/1999, Entered: 3/1/1999 |
Memorandum in Support |
|
MEMORANDUM by Sht Mtl Wrks Nat Pen, John D. Harrington, Marc Le Blanc in support of [565-1] motion by Marc Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen in Limine to exclude evidence considering the Doubletree Hotel by Marc Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen (clerk)
|
|
|
|
|
|
| 565 |
Filed: 3/1/1999, Entered: 3/1/1999, Terminated: 3/4/1999 |
Motion in Limine |
|
MOTION by Marc Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen in Limine to exclude evidence considering the Doubletree Hotel (clerk)
|
|
|
|
|
|
| 564 |
Filed: 3/1/1999, Entered: 3/1/1999, Terminated: 3/12/1999 |
Motion for Miscellaneous Relief |
|
MOTION by Marc Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen to Expedite Motion In Limine to exclude evidence considering the Doubletree Hotel (currently set for 3/12/99) (Forwarded to LMB) (clerk)
|
|
|
|
|
|
| 563 |
Filed: 2/26/1999, Entered: 3/1/1999 |
Affidavit |
|
AFFIDAVIT by Kenneth M. Cahill (clerk)
|
|
|
|
|
|
| 562 |
Filed: 2/26/1999, Entered: 2/28/1999 |
Order |
|
ORDER granting in part, denying in part [545-1] motion by Charles E. Underbrink to Revise January 14, 1999 Order, granting in part, denying in part [545-2] motion by Charles E. Underbrink to Alter and Amend Findings of Fact, granting in part, denying in part [545-3] motion by Charles E. Underbrink to Vacate Partial Summary Judgment Against Him. ORDERED Underbrinks motion is Granted in that we vacate our 1/14/99 order and accompanying memorandum opinion entering summary jgmt against him and is denied in all other respects. ORDERED that our Memorandum Opinion and our Order of 1/14/99 be and are VACATED insofar as they grant summary judgment against defendant Charles Underbrink. signed by Judge Leonie M. Brinkema ) Copies Mailed: 02.26.99 (rtra)
|
|
|
|
|
|
| -- |
Filed: 2/26/1999, Entered: 2/28/1999 |
Minutes-Miscellaneous |
|
Minute entry: Judge Brinkema; Reporter: Thomson; Appearances by counsel for parties. Matter came on for Deft's motion to revise 1/14/99 order, to alter and amend findings of fact, and to vacate partial summary jgmt-Argued and granted in part and denied in part. Order to follow. (rtra)
|
|
|
|
|
|
| 561 |
Filed: 2/24/1999, Entered: 2/24/1999 |
Judgment* |
|
CONSENT JUDGMENT ORDERED that judgment be entered in favor of plaintiffs Le Blanc and Harrington, as the representatives of the NPF, for the amount of $619,489 plus $331,672.72 as pre-judgment interest; and it is FURTHER ORDERED that all remaining claims against defendant Beck are hereby dismissed with prejudice. - ent. & filed ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (klau)
|
|
|
|
|
|
| 560 |
Filed: 2/23/1999, Entered: 2/24/1999 |
Affidavit |
|
AFFIDAVIT by Charles E. Underbrink in support of [545-1] motion by Charles E. Underbrink to Revise January 14, 1999 Order by Charles E. Underbrink, [545-2] motion by Charles E. Underbrink to Alter and Amend Findings of Fact by Charles E. Underbrink, [545-3] motion by Charles E. Underbrink to Vacate Partial Summary Judgment Against Him by Charles E. Underbrink (clerk)
|
|
|
|
|
|
| 559 |
Filed: 2/22/1999, Entered: 2/23/1999 |
Response/Reply - Miscellaneous |
|
REPLY MEMORANDUM in support by Charles E. Underbrink of [545-1] motion by Charles E. Underbrink to Revise January 14, 1999 Order by Charles E. Underbrink, [545-2] motion by Charles E. Underbrink to Alter and Amend Findings of Fact by Charles E. Underbrink, [545-3] motion by Charles E. Underbrink to Vacate Partial Summary Judgment Against Him by Charles E. Underbrink (LARGE PLEADING) (clerk)
|
|
|
|
|
|
| 558 |
Filed: 2/19/1999, Entered: 2/22/1999 |
Notice of Hearing. |
|
NOTICE of Hearing: Motion Hearing set for 10:00 3/5/99 for [556-1] motion by Larken Properties, I, Larken, Inc., Kenneth M. Cahill, Lawrence A. Cahill for Summary Judgment (clerk)
|
|
|
|
|
|
| 557 |
Filed: 2/19/1999, Entered: 2/22/1999 |
Memorandum in Support |
|
MEMORANDUM by Lawrence A. Cahill, Kenneth M. Cahill, Larken, Inc., Larken Properties, I in support of [556-1] Renewed motion by Larken Properties, I, Larken, Inc., Kenneth M. Cahill, Lawrence A. Cahill for Summary Judgment by Larken Properties, I, Larken, Inc., Kenneth M. Cahill, Lawrence A. Cahill (clerk)
|
|
|
|
|
|
| 556 |
Filed: 2/19/1999, Entered: 2/22/1999 |
Motion for Summary Judgment |
|
RENEWED MOTION by Larken Properties, I, Larken, Inc., Kenneth M. Cahill, Lawrence A. Cahill for Summary Judgment (Together w/1 Bound Volume of Exhibits in support) (clerk)
|
|
|
|
|
|
| 555 |
Filed: 2/18/1999, Entered: 2/19/1999 |
Notice of Hearing. |
|
NOTICE of Hearing: Motion Hearing set for 10:00 3/5/99 for [553-1] motion by Marc Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen for Partial Summary Judgment Against the Larken Defendants (klau)
|
|
|
|
|
|
| 554 |
Filed: 2/18/1999, Entered: 2/19/1999 |
Memorandum in Support |
|
MEMORANDUM by Sht Mtl Wrks Nat Pen, John D. Harrington, Marc Le Blanc in support of [553-1] motion by Marc Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen for Partial Summary Judgment Against the Larken Defendants (klau)
|
|
|
|
|
|
| 553 |
Filed: 2/18/1999, Entered: 2/19/1999 |
Motion for Summary Judgment |
|
MOTION by Marc Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen for Partial Summary Judgment Against the Larken Defendants (LARGE PLEADING) (klau)
|
|
|
|
|
|
| 552 |
Filed: 2/16/1999, Entered: 2/17/1999 |
Memorandum in Opposition |
|
MEMORANDUM by Sht Mtl Wrks Nat Pen, John D. Harrington, Marc Le Blanc in opposition to [545-1] motion by Charles E. Underbrink to Revise January 14, 1999 Order and For Other Relief (klau)
|
|
|
|
|
|
| 551 |
Filed: 2/12/1999, Entered: 2/17/1999 |
Order |
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ORDERED that the hearing on Underbrink's motion be continued to and including February 26, 1999 and it is FURTHER ORDERED that plaintiffs are to respond to that motion on or before February 16, 1999, and defendant Underbrink is to file his reply, if any, on or before February 22, 1999. - ent. & filed ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (klau)
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| 550 |
Filed: 2/11/1999, Entered: 2/12/1999 |
Notice of Hearing. |
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NOTICE of Hearing: Motion Hearing set for 10:00 2/26/99 for [549-1] motion by James W. Beck, Marc Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen for Entry of Consent Judgment (klau)
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| 549 |
Filed: 2/11/1999, Entered: 2/12/1999 |
Motion for Miscellaneous Relief |
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MOTION by James W. Beck, Marc Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen for Entry of Consent Judgment (klau)
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| -- |
Filed: 2/9/1999, Entered: 2/9/1999 |
Set/Reset Deadlines: |
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Deadline updated; Motion Hearing set for 10:00 2/26/99 for [545-1] motion by Charles E. Underbrink to Revise January 14, 1999 Order, set for 10:00 2/26/99 for [545-2] motion by Charles E. Underbrink to Alter and Amend Findings of Fact, set for 10:00 2/26/99 for [545-3] motion by Charles E. Underbrink to Vacate Partial Summary Judgment Against Him (clerk)
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| 548 |
Filed: 1/29/1999, Entered: 2/2/1999 |
Notice |
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NOTICE of Filing by John D. Harrington, Marc Le Blanc re: expert report (klau)
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| 547 |
Filed: 1/25/1999, Entered: 1/26/1999 |
Notice of Hearing. |
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NOTICE of Hearing: Motion Hearing set for 10:00 2/12/99 for [545-1] motion by Charles E. Underbrink to Revise January 14, 1999 Order, set for 10:00 2/12/99 for [545-2] motion by Charles E. Underbrink to Alter and Amend Findings of Fact, set for 10:00 2/12/99 for [545-3] motion by Charles E. Underbrink to Vacate Partial Summary Judgment Against Him (klau)
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| 546 |
Filed: 1/25/1999, Entered: 1/26/1999 |
Memorandum in Support |
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MEMORANDUM by Charles E. Underbrink in support of [545-1] motion by Charles E. Underbrink to Revise January 14, 1999 Order, [545-2] motion by Charles E. Underbrink to Alter and Amend Findings of Fact , [545-3] motion by Charles E. Underbrink to Vacate Partial Summary Judgment Against Him (klau)
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| 545 |
Filed: 1/25/1999, Entered: 1/26/1999, Terminated: 2/26/1999 |
Motion for Miscellaneous Relief |
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MOTION by Charles E. Underbrink to Revise January 14, 1999 Order , by Charles E. Underbrink to Alter and Amend Findings of Fact , and by Charles E. Underbrink to Vacate Partial Summary Judgment Against Him (klau)
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| 544 |
Filed: 1/25/1999, Entered: 1/25/1999 |
Order |
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ORDERED that the bench trial in this action is rescheduled for Monday, March 15, 1999 at 10:00am; and it is further ORDERED that additions to lists of witness and exhibits must be filed by Monday, March 8, 1999; and it is further ORDERED that objections to lists of witnesses and exhibits must be filed by Wednesday, March 10, 1999 - ent. & filed ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (klau)
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| -- |
Filed: 1/25/1999, Entered: 1/25/1999 |
Set/Reset Deadlines: |
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Deadline updated; reset Bench Trial for 10:00 3/15/99 (klau)
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| 543 |
Filed: 1/20/1999, Entered: 1/21/1999 |
Transcript |
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TRANSCRIPT for dates of 1/8/99 (LMB) - filed (klau)
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| 542 |
Filed: 1/14/1999, Entered: 1/20/1999 |
Order |
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ORDER for the reasons stated in the accompanying Memorandum Opinion, granting in part, denying in part [499-1] motion by Marc Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen for Partial Summary Judgment, GRANTED as to defendants Beck and Underbrink and DENIES as to defendant LPI; granting in part, denying in part [509-1] motion by Larken Properties, I, Larken, Inc., Kenneth M. Cahill, Lawrence A. Cahill for Summary Judgment, [494-1] motion by Underbrink for summary Judgment, [513-1] motion by Becks for Summary Judgment, motions are GRANTED as they relate to liability for violations of S 406(b)(2) and DENIED in all other respects; granting [533-1] Renewed motion by Marc Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen for Leave to engatge in limited Discovery, GRANTED to the limited extent outlined in this Order, ORDERED that plaintiffs must provide defendants with a final revised expert report as to equitable relief by January 29, 1999 ------ ORDERED that the trial of this action be and is removed from the February 1, 1999 calendar. A new trial date will be set by a telephone conference with counsel during the week of January 18, 1999. The Trial will not be held any latter than February 24, 1999. (see order for details) - ent. & filed ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (klau) Modified on 01/20/1999
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| 541 |
Filed: 1/14/1999, Entered: 1/20/1999 |
Memorandum and Opinion |
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MEMORANDUM OPINION - filed ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (klau)
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| 540 |
Filed: 1/7/1999, Entered: 1/8/1999 |
Response/Reply - Miscellaneous |
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REPLY MEMORANDUM in support by Sht Mtl Wrks Nat Pen, John D. Harrington, Marc Le Blanc of [533-1] motion by Marc Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen for Leave to engatge in limited Discovery by Marc Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen (clerk)
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| 539 |
Filed: 1/6/1999, Entered: 1/6/1999 |
Memorandum in Opposition |
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BRIEF by James W. Beck in opposition to [533-1] Renewed motion by Marc Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen for Leave to engatge in limited Discovery by Marc Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen (clerk)
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| 538 |
Filed: 1/4/1999, Entered: 1/5/1999 |
Motion for Leave to File |
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MOTION by Charles E. Underbrink for Leave to File Memorandum in response to the Secretary of Labor's Amicus Brief (clerk)
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| 537 |
Filed: 1/4/1999, Entered: 1/5/1999 |
Response in Opposition to Motion |
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RESPONSE by Larken, Inc., Larken Properties, I in opposition to the Secretary of Labor's Amicus Curiae Memorandum Brief. (clerk)
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| 536 |
Filed: 1/4/1999, Entered: 1/5/1999 |
Memorandum in Opposition |
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BRIEF by James W. Beck in opposition to Depart of Labor's Brief as Amicus Curiae (clerk)
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| 535 |
Filed: 12/30/1998, Entered: 1/4/1999 |
Notice of Hearing. |
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NOTICE of Hearing: Motion Hearing set for 10:00 1/8/99 for [533-1] Renewed motion by Marc Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen for Leave to engage in limited Discovery (clerk)
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| 534 |
Filed: 12/30/1998, Entered: 1/4/1999 |
Memorandum in Support |
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MEMORANDUM by Sht Mtl Wrks Nat Pen, John D. Harrington, Marc Le Blanc in support of [533-1] motion by Marc Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen for Leave to engatge in limited Discovery by Marc Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen (clerk)
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| 533 |
Filed: 12/30/1998, Entered: 1/4/1999 |
Motion for Discovery |
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RENEWED MOTION by Marc Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen for Leave to engatge in limited Discovery (clerk)
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| 532 |
Filed: 12/22/1998, Entered: 12/23/1998 |
Reply to Response to Motion |
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REPLY by Larken, Inc., Larken Properties, I to plaintiff's opposition to [509-1] motion by Larken Properties, I, Larken, Inc., Kenneth M. Cahill, Lawrence A. Cahill for Summary Judgment (klau)
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| 531 |
Filed: 12/22/1998, Entered: 12/23/1998 |
Response/Reply - Miscellaneous |
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REPLY MEMORANDUM in support by Charles E. Underbrink of [494-1] motion by Charles E. Underbrink for Summary Judgment as to Count II (klau)
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| 530 |
Filed: 12/22/1998, Entered: 12/23/1998 |
Reply to Response to Motion |
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REPLY by James W. Beck to Fund's opposition to [513-1] motion by James W. Beck for Summary Judgment (klau)
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| 529 |
Filed: 12/22/1998, Entered: 12/23/1998 |
Response/Reply - Miscellaneous |
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REPLY MEMORANDUM in support by Sht Mtl Wrks Nat Pen, John D. Harrington, Marc Le Blanc of [499-1] motion by Marc Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen for Partial Summary Judgment (klau)
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| 528 |
Filed: 12/22/1998, Entered: 12/23/1998 |
Memorandum in Support |
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MEMORANDUM by Alexis M. Herman in support of [523-1] motion by Alexis M. Herman for Leave to File A Brief as Amicus Curiae (klau)
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| 526 |
Filed: 12/18/1998, Entered: 12/22/1998 |
Notice of Appearance |
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NOTICE of Attorney Appearance for Alexis M. Herman by Yoora Kim (klau)
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| 525 |
Filed: 12/18/1998, Entered: 12/22/1998 |
Notice of Appearance |
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NOTICE of Attorney Appearance for Alexis M. Herman by Allen H. Feldman and Elizabeth Hopkins (klau)
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| 524 |
Filed: 12/18/1998, Entered: 12/22/1998 |
Notice of Hearing. |
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NOTICE of Hearing: Motion Hearing set for 10:00 1/8/99 for [523-1] motion by Alexis M. Herman for Leave to File A Brief as Amicus Curiae (klau)
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| 523 |
Filed: 12/18/1998, Entered: 12/22/1998 |
Motion for Leave to File |
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MOTION by Alexis M. Herman for Leave to File A Brief as Amicus Curiae (klau)
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| 527 |
Filed: 12/16/1998, Entered: 12/22/1998 |
Affidavit |
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SECOND AFFIDAVIT of Thomas W. Pahl as to Summary Judgment on Count II by Charles E. Underbrink (klau)
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| 522 |
Filed: 12/14/1998, Entered: 12/15/1998 |
Memorandum in Opposition |
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MEMORANDUM (BRIEF) by James W. Beck in opposition to [499-1] motion by Marc Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen for Partial Summary Judgment (jsol)
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| 521 |
Filed: 12/14/1998, Entered: 12/15/1998 |
Memorandum in Opposition |
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MEMORANDUM by Charles E. Underbrink in opposition to [499-1] motion by Marc Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen for Partial Summary Judgment w/Exhibits A - O attached (jsol)
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| 520 |
Filed: 12/14/1998, Entered: 12/15/1998 |
Memorandum in Opposition |
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MEMORANDUM by Larken Properties, I in opposition to [499-1] motion by Marc Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen for Partial Summary Judgment (w/bound exhibits A - H) (jsol) Modified on 12/15/1998
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| 519 |
Filed: 12/14/1998, Entered: 12/15/1998 |
Memorandum in Opposition |
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MEMORANDUM by Sht Mtl Wrks Nat Pen in opposition to [509-1] motion by Larken Properties, I, Larken, Inc., Kenneth M. Cahill, Lawrence A. Cahill for Summary Judgment (klau)
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| 518 |
Filed: 12/14/1998, Entered: 12/14/1998 |
Objection |
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OPPOSITION by plaintiff Sht Mtl Wrks Nat Pen, plaintiff John D. Harrington to [513-1] motion by James W. Beck for Summary Judgment [494-1] motion by E. Underbrink for Summary Judgment as to Count II (klau)
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| 517 |
Filed: 12/14/1998, Entered: 12/14/1998 |
Affidavit |
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SECOND DECLARATION of COUNSEL John O'B. Clarke, Jr. re: plaintiffs' Opposition to motion for Summary Judgment. (klau)
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| -- |
Filed: 12/14/1998, Entered: 12/15/1998 |
Exhibit |
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Exhibits received (8 black binders) by Sht Mtl Wrks Nat Pen, John D. Harrington, Marc Le Blanc (klau)
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| -- |
Filed: 12/14/1998, Entered: 12/15/1998 |
Exhibit |
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SUPPLEMENTAL Exhibits Relied Upon for Motion for Summary Judgment received by Sht Mtl Wrks Nat Pen, John D. Harrington, Marc Le Blanc (bound with large binder clip) (klau)
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| 516 |
Filed: 12/1/1998, Entered: 12/2/1998 |
Transcript |
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TRANSCRIPT for dates of 11/20/98 (WCS) - filed (klau)
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| -- |
Filed: 11/30/1998, Entered: 11/30/1998 |
Set/Reset Deadlines: |
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Deadline updated; Motion Hearing set for 10:00 1/8/99 for [499-1] motion by Marc Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen for Partial Summary Judgment (clerk)
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| 498 |
Filed: 11/24/1998, Entered: 11/30/1998 |
Order |
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ORDER granting [492-1] motion by Marc Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen for Leave to File Motion for Partial Summary Judgment ( signed by Judge Leonie M. Brinkema ) Copies Mailed: y (clerk)
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| 508 |
Filed: 11/23/1998, Entered: 11/30/1998 |
Remark |
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Deft Larkin's Exhibits Relied Upon for Motion For Partial Summary Judgment filed by plaintiff Sht Mtl Wrks Nat Pen, plaintiff John D. Harrington, plaintiff Marc Le Blanc (clerk)
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| 507 |
Filed: 11/23/1998, Entered: 11/30/1998 |
Remark |
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Exhibits and Deposition Testimony Concerning Williams' Role As A Fiduciary filed by plaintiff Sht Mtl Wrks Nat Pen, plaintiff John D. Harrington, plaintiff Marc Le Blanc (clerk)
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| 506 |
Filed: 11/23/1998, Entered: 11/30/1998 |
Remark |
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SUPPLEMENTAL Exhibits Relied Upon For Motion for Partial Summary Judgment filed by plaintiff Sht Mtl Wrks Nat Pen, plaintiff John D. Harrington, plaintiff Marc Le Blanc (clerk)
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| 505 |
Filed: 11/23/1998, Entered: 11/30/1998 |
Remark |
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Exhibits (PEx.) Relied Upon For Motion for Partial Summary Judgment filed by plaintiff Sht Mtl Wrks Nat Pen, plaintiff John D. Harrington, plaintiff Marc Le Blanc (clerk)
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| 504 |
Filed: 11/23/1998, Entered: 11/30/1998 |
Affidavit |
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DECLARATION of Counsel Re: [499-1] motion by Marc Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen for Partial Summary Judgment by Marc Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen (clerk)
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| 503 |
Filed: 11/23/1998, Entered: 11/30/1998 |
Affidavit |
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DECARATION by Marc Le Blanc Re: [499-1] motion by Marc Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen for Partial Summary Judgment by Marc Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen (clerk)
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| 502 |
Filed: 11/23/1998, Entered: 11/30/1998 |
Notice |
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NOTICE of Filing of Declaration In Support of Motion by pltfs' for Partial Summary Judgment by Sht Mtl Wrks Nat Pen, John D. Harrington, Marc Le Blanc (clerk)
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| 501 |
Filed: 11/23/1998, Entered: 11/30/1998 |
Notice of Hearing. |
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NOTICE of Hearing: Motion Hearing set for 10:00 1/8/98 for [499-1] motion by Marc Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen for Partial Summary Judgment before LMB. (clerk)
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| 500 |
Filed: 11/23/1998, Entered: 11/30/1998 |
Memorandum in Support |
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MEMORANDUM by Sht Mtl Wrks Nat Pen, John D. Harrington, Marc Le Blanc in support of [499-1] motion by Marc Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen for Partial Summary Judgment by Marc Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen (clerk)
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| 499 |
Filed: 11/23/1998, Entered: 11/30/1998, Terminated: 1/14/1999 |
Motion for Summary Judgment |
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MOTION by Marc Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen for Partial Summary Judgment (clerk)
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| 493 |
Filed: 11/23/1998, Entered: 11/24/1998 |
Notice of Hearing. |
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NOTICE of Hearing: Motion Hearing set for 10:00 12/4/98 for [492-1] motion by Marc Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen for Leave to File Motion for Partial Summary Judgment (clerk)
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| 492 |
Filed: 11/23/1998, Entered: 11/24/1998, Terminated: 11/24/1998 |
Motion for Leave to File |
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MOTION by Marc Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen for Leave to File Motion for Partial Summary Judgment (clerk)
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| 515 |
Filed: 11/20/1998, Entered: 11/30/1998 |
Notice of Hearing. |
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NOTICE of Hearing: Motion Hearing set for 10:00 1/8/99 for [513-1] motion by James W. Beck for Summary Judgment (clerk)
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| 514 |
Filed: 11/20/1998, Entered: 11/30/1998 |
Memorandum in Support |
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MEMORANDUM by James W. Beck in support of [513-1] motion by James W. Beck for Summary Judgment, together with Exhibits. (Large three ring black binder) (clerk)
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| 513 |
Filed: 11/20/1998, Entered: 11/30/1998 |
Motion for Summary Judgment |
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MOTION by James W. Beck for Summary Judgment (clerk)
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| 512 |
Filed: 11/20/1998, Entered: 11/30/1998 |
Notice of Hearing. |
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NOTICE of Hearing: Motion Hearing set for 10:00 1/8/99 for [509-1] motion by Larken Properties, I, Larken, Inc., Kenneth M. Cahill, Lawrence A. Cahill for Summary Judgment (clerk)
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| 511 |
Filed: 11/20/1998, Entered: 11/30/1998 |
Remark |
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Exhibits to defts' Memorandum In Support of motion for summary judgment filed by defendant Lawrence A. Cahill, defendant Kenneth M. Cahill, defendant Larken, Inc., defendant Larken Properties, I (Large Pleading) (clerk)
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| 510 |
Filed: 11/20/1998, Entered: 11/30/1998 |
Memorandum in Support |
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MEMORANDUM by Lawrence A. Cahill, Kenneth M. Cahill, Larken, Inc., Larken Properties, I in support of [509-1] motion by Larken Properties, I, Larken, Inc., Kenneth M. Cahill, Lawrence A. Cahill for Summary Judgment by Larken Properties, I, Larken, Inc., Kenneth M. Cahill, Lawrence A. Cahill (clerk)
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| 509 |
Filed: 11/20/1998, Entered: 11/30/1998 |
Motion for Summary Judgment |
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MOTION by Larken Properties, I, Larken, Inc., Kenneth M. Cahill, Lawrence A. Cahill for Summary Judgment (clerk)
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| 497 |
Filed: 11/20/1998, Entered: 11/25/1998 |
Notice of Hearing. |
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NOTICE of Hearing: Motion Hearing set for 10:00 1/8/99 for [494-1] motion by Charles E. Underbrink for Summary Judgment as to Count II (clar)
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| Save 25% on a pre-paid one year subscription. |
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| 496 |
Filed: 11/20/1998, Entered: 11/25/1998 |
Affidavit |
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AFFIDAVIT of Thomas W. Pahl Re: [494-1] motion by Charles E. Underbrink for Summary Judgment as to Count II (large pleading) (clar) Modified on 11/25/1998
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| 495 |
Filed: 11/20/1998, Entered: 11/25/1998 |
Memorandum in Support |
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MEMORANDUM by Charles E. Underbrink in support of [494-1] motion by Charles E. Underbrink for Summary Judgment as to Count II - Participation in a Prohibited Transaction (clar)
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| 494 |
Filed: 11/20/1998, Entered: 11/25/1998 |
Motion for Summary Judgment |
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MOTION by Charles E. Underbrink for Summary Judgment as to Count II (clar)
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| 491 |
Filed: 11/20/1998, Entered: 11/20/1998 |
Order |
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ORDER denying [485-1] motion by Marc Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen for leave to engage in limited Discovery ( signed by Magistrate Judge Welton C. Sewell ) Copies Mailed: y (nbla)
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| -- |
Filed: 11/20/1998, Entered: 11/20/1998 |
Minutes-Miscellaneous |
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Minute entry: Judge WCS. Tape #321. Reporter; Rudiger and Green. Appearances; of counsel. Matter came on as pltfs motion (le Blanc) to engage in limited discovery-motion is argued and denied. Order to follow. (nbla) Modified on 11/20/1998
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| -- |
Filed: 11/19/1998, Entered: 1/6/1999 |
Bench Trial - Held |
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Bench trial set at 10:00 2/1/99 (clar)
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| -- |
Filed: 11/19/1998, Entered: 11/20/1998 |
Pretrial Conference - Final |
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Pre-Trial Conference held; Judge Hilton; Appearances of Counsel. Case set for trial by Court on 2/1/99 @ 10:00 (witness list and exhibits to be filed later per 11/9/98 Order of LMB) (clar)
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| 490 |
Filed: 11/18/1998, Entered: 11/19/1998 |
Response in Opposition to Motion |
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RESPONSE by Lawrence A. Cahill, Kenneth M. Cahill, Larken, Inc., Larken Properties, I in opposition to [485-1] motion by Marc Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen for leave to engage in limited Discovery by Marc Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen (clerk)
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| 489 |
Filed: 11/18/1998, Entered: 11/19/1998 |
Memorandum in Opposition |
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BRIEF by James W. Beck in opposition to [485-1] motion by Marc Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen for leave to engage in limited Discovery by Marc Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen (LARGE PLEADING) (clerk)
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| 488 |
Filed: 11/18/1998, Entered: 11/19/1998 |
Memorandum in Opposition |
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MEMORANDUM by Charles E. Underbrink in opposition to [485-1] motion by Marc Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen for leave to engage in limited Discovery by Marc Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen (clerk)
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| 487 |
Filed: 11/13/1998, Entered: 11/13/1998 |
Notice of Hearing. |
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NOTICE of Hearing: Motion Hearing set for 10:00 11/20/98 for [485-1] motion by Marc Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen for leave to engage in limited Discovery (clerk)
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| 486 |
Filed: 11/13/1998, Entered: 11/13/1998 |
Memorandum in Support |
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MEMORANDUM by Sht Mtl Wrks Nat Pen, John D. Harrington, Marc Le Blanc in support of [485-1] motion by Marc Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen for leave to engage in limited Discovery by Marc Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen (clerk)
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| 485 |
Filed: 11/13/1998, Entered: 11/13/1998, Terminated: 11/20/1998 |
Motion for Discovery |
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MOTION by Marc Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen for leave to engage in limited Discovery (clerk)
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| 484 |
Filed: 11/10/1998, Entered: 11/12/1998 |
Stipulation |
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REVISED STIPULATED BRIEFING SCHEDULE filed by Sht Mtl Wrks Nat Pen, John D. Harrington, Lawrence A. Cahill, Kenneth M. Cahill, James W. Beck, Charles E. Underbrink, Larken, Inc., Larken Properties, I (klau)
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| -- |
Filed: 11/10/1998, Entered: 11/12/1998 |
Order |
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So Ordered: granting [484-1] Revised Stipulated Briefing schedule that any motion for summary judgment, either full or partial, shall be filed on or before November 20, 1998; Responses to a motion for summary judgment shall be filed on or before December 11, 1998; Any reply memorandum shall be filed on or before December 22, 1998; and the hearing on the motion(s) for summary judgment shall be at 10:00 a.m. on January 8, 1999 before the undersigned judge. It is further stipulated pursuant to the order of this Court that the requirement that witness lists and exhibit lists be filed at the pre-trial conference is hereby continued until 3 business days after the Court issues its ruling on the motions for summary judgment. Any objections to the witnesses or exhibits must be filed not later than 5 days after the lists are filed. - ent. & filed ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (klau)
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| 483 |
Filed: 11/9/1998, Entered: 11/9/1998 |
Order |
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ORDER that pusuant to a telephone conference held on 11/6/98, the pretial conference for this civil action will be held on thursday, 11/19/98, @ 10:35 am. The parties are excused from filing their witness and exhibit lists at that time but must file them within the time limits and under the conditions to be spelled out in a scheduling order being prepared by counsel - ent & filed ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (clar)
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| -- |
Filed: 11/9/1998, Entered: 11/9/1998 |
Pretrial Conference - Final |
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Pre-Trial Conference set at 10:35 11/19/98 (clar)
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| 482 |
Filed: 10/26/1998, Entered: 10/29/1998 |
Stipulation |
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STIPULATED Briefing Schedule filed by Sht Mtl Wrks Nat Pen, John D. Harrington, Lawrence A. Cahill, Kenneth M. Cahill, James W. Beck, Charles E. Underbrink, Larken, Inc., Larken Properties, I, Marc Le Blanc RE: Any motion for summary judgment, either full or partial, shall be filed on or before November 13, 1998; Responses to a motion for summary judgment shall be filed on or before December 4, 1998; Any reply memorandum shall be filed on or before December 15, 1998; and The hearing on the motion(s) for summary judgment shall be at 10:00 a.m. on December 18, 1998. (klau) Modified on 11/05/1998
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| -- |
Filed: 10/26/1998, Entered: 10/29/1998 |
Order |
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So Ordered: granting [482-1] Stipulated Briefing Schedule - ent. & filed ( signed by Judge James C. Cacheris ) Copies Mailed: yes (klau) Modified on 11/05/1998
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| -- |
Filed: 9/21/1998, Entered: 9/23/1998 |
Appeal Record Returned |
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Record on Appeal returned in 71 volumes from U.S. Court of Appeals: [475-1] appeal, [439-1] appeal (klau)
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| 481 |
Filed: 9/9/1998, Entered: 9/11/1998 |
USCA Order |
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USCA Order The Court grants appellants costs in the amount of $4,023.50. (klau) Modified on 09/24/1998
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| 480 |
Filed: 9/3/1998, Entered: 9/9/1998 |
USCA Judgment |
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JUDGMENT OF USCA (certified copy) together with opinion of the USCA affirms in part, vacates in part the judgment of the USDC and remands the case to the USDC Re: [475-1] appeal by John D. Harrington, Sht Mtl Wrks Nat Pen, Marc Le Blanc, [439-1] appeal by Marc Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen (klau) Modified on 09/24/1998
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| -- |
Filed: 9/3/1998, Entered: 9/10/1998 |
Case Reopened |
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Case reopened (klau)
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| 479 |
Filed: 8/12/1998, Entered: 8/19/1998 |
USCA Mandate |
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Opinion of USCA decided 8/11/98 re: Affirmed in part, vacated in part, and remanded the decision of the USDC [475-1] appeal by John D. Harrington, Sht Mtl Wrks Nat Pen, Marc Le Blanc, [439-1] appeal by Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen (klau) Modified on 09/24/1998
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| -- |
Filed: 7/1/1998, Entered: 7/1/1998, Terminated: 3/24/1999 |
Initial Paper Record Transmitted to 4CCA |
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Certified and transmitted Record on Appeal to U.S. Court of Appeals pursuant to 24 hour request by Joy Margett dated 6-23-98: [475-1] appeal by John D. Harrington, Sht Mtl Wrks Nat Pen, Marc Le Blanc, [439-1] appeal by Marc Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen in 9 boxes consisting of 71 volumes (Vols 1-22 EDVA pleadings, 36-51 transcripts, 24-35 and 54 exhibits and attachments, 23,52 and 53 depos. and 55-71 USDC ND IA case files) together w/copy of docket entries. Copy of transmittal, cert. and docket entries to counsel. transmittal, cert. (clerk)
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| -- |
Filed: 3/27/1997, Entered: 3/27/1997 |
Certificate of Completion |
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Certification of completion sent to USCA re: [475-1] appeal by John D. Harrington, Sht Mtl Wrks Nat Pen, Marc Le Blanc, [439-1] appeal by Marc Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen (clerk)
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| 478 |
Filed: 1/17/1997, Entered: 1/30/1997 |
Order |
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USCA ORDER (certified copy) The Court consolidates these cases (USCA 96-2848 and USCA 96-2046) for purposes of briefing and oral argument, and adopts for these appeals the briefing order previously filed in 96-2046 (lead case) dated 12/4/96. (psid)
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| -- |
Filed: 1/3/1997, Entered: 1/3/1997, Terminated: 3/24/1999 |
USCA Case Number |
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USCA Case Number Re: [475-1] appeal by John D. Harrington, Sht Mtl Wrks Nat Pen, Marc Le Blanc CASE MANAGER: Joy Hargett USCA NUMBER: 96-2848 (psid)
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| -- |
Filed: 12/31/1996, Entered: 1/3/1997 |
Filing Fee Received |
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Filing Fee Paid; FILING FEE $ 105.00 RECEIPT # 112213 (Transmittal sheet sent to USCA and to counsel re: appeal filing fee paid) (psid)
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| -- |
Filed: 12/18/1996, Entered: 12/19/1996 |
Bond |
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Additional Supersedeas Bond in the amount of $ 142,719.57 entered by Sht Mtl Wrks Nat Pen (Surety - Lumbermans Mutual Casualty Company) - in the cash box (psid)
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| 477 |
Filed: 12/17/1996, Entered: 12/19/1996 |
Order |
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ORDER APPROVING SUPERSEDEAS BOND; that pltfs are directed to post within 2 days an additional bond, in the substantially the same form as the bond filed on 12/13/96, for an amount up to 12% of the amount awarded as atty's fees and costs; and that the stay provided by Rule 62(d) FRCP shall be efective as of 12/13/96. ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (psid)
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| 476 |
Filed: 12/13/1996, Entered: 12/19/1996 |
Order |
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ORDER denying [467-1] motion by Popham, Haik, Schnob to set. Bond as security for attorneys' fees (See order for details) ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (psid)
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| -- |
Filed: 12/13/1996, Entered: 12/19/1996 |
Bond |
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Supersedeas Bond in the amount of $ 1,189,329.81 entered by Sht Mtl Wrks Nat Pension Fund and put in the cash box (Surety - Lumbermens Mutual Casualty Company) (psid)
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| 475 |
Filed: 12/11/1996, Entered: 12/19/1996 |
Notice of Appeal |
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NOTICE OF APPEAL by Marc Le Blanc, Sht Mtl Wrks Nat Pen, John D. Harrington of 12/2/96, 12/5/96 and 6/21/96 Orders. Copy of notice, Orders docket sheet and transmittal sheets sent to USCA. Copy of notice, docket sheet and transmittal sheet sent to counsel. Fee not paid. (psid)
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| 473 |
Filed: 12/6/1996, Entered: 12/6/1996 |
Reply to Response to Motion |
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REPLY by Popham, Haik, Schnob in support of [467-1] motion by Popham, Haik, Schnob to set. Bond as security for attorneys' fees (psid)
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| 474 |
Filed: 12/5/1996, Entered: 12/16/1996 |
Order |
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ORDER that within 15 days of this Order pltfs tender $125,741.85 to counsel for deft Beck. ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (psid)
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| 472 |
Filed: 12/4/1996, Entered: 12/4/1996, Terminated: 3/24/1999 |
Response to Motion |
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RESPONSE by Larken, Inc., Larken Properties, I to [467-1] motion by Popham, Haik, Schnob to set. Bond as security for attorneys' fees by Popham, Haik, Schnob (clerk)
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| 471 |
Filed: 12/2/1996, Entered: 12/3/1996 |
Order |
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ORDER that attys' fees of $855,000.00 plus $51,352.49 in expenses for a total of $906,352.49 are awarded to the Larken defts and $130,900.00 in attys' fees plus $26,335.47 in expenses for a total of $157,235.47 are awarded to Underbrink. ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (psid)
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| 470 |
Filed: 12/2/1996, Entered: 12/3/1996 |
Memorandum and Opinion |
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MEMORANDUM OPINION ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (psid)
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| 469 |
Filed: 11/27/1996, Entered: 11/27/1996 |
Notice of Hearing. |
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NOTICE of Hearing: Motion Hearing set for 10:00 12/6/96 for [467-1] motion by Popham, Haik, Schnob to set. Bond as security for attorneys' fees (clerk)
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| 468 |
Filed: 11/27/1996, Entered: 11/27/1996 |
Memorandum in Support |
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MEMORANDUM by Popham, Haik, Schnob in support of [467-1] motion by Popham, Haik, Schnob to set. Bond as security for attorneys' fees by Popham, Haik, Schnob (clerk)
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| 467 |
Filed: 11/27/1996, Entered: 11/27/1996, Terminated: 12/13/1996 |
Motion for Bond |
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MOTION by Popham, Haik, Schnob to set. Bond as security for attorneys' fees (clerk)
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| 466 |
Filed: 11/22/1996, Entered: 11/22/1996 |
Transcript |
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TRANSCRIPT procedings for dates of 10/25/96 (LMB) (psid)
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| 465 |
Filed: 10/25/1996, Entered: 11/5/1996 |
Order |
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ORDER granting [464-1] motion by Larken Properties, I, Larken, Inc., Kenneth M. Cahill, Lawrence A. Cahill to Substitute Attorney, counsel to resolve; granting in part, denying in part [459-1] motion of Popham, Haik, Schnobrich & Kaufman, Ltd. to assert claim and lien for attorney's fees , granted to extent that movant may intervene to assert claim and atty.'s lien against fees and costs yet to be awarded to Larken defts., denied to extent that leave sought to pursue broader claim against Larken defts. to recover fees and costs not awarded by Court but incurred by defts. under retainer agreement with intervenor; Larken defts.' request to have Court help in obtaining files from Popham, Haik, etc. - to be expeditiously resolved by counsel(see order for further details) - entered and filed ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (clerk)
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| -- |
Filed: 10/25/1996, Entered: 11/5/1996 |
Minutes-Miscellaneous |
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Minute entry: Judge Brinkema. Reporter: McCoy; matter on for hrg. on proposed intervenor, Popham, Haik, etc., Ltd.'s and Larken defts.' motions; appearances: of counsel; prop. interv.'s motion to assert claim and lien for atty. fees - argued and granted in part and denied in part; Larken defts.' motion for subst. of counsel - argued and granted (clerk)
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| 464 |
Filed: 10/23/1996, Entered: 10/24/1996, Terminated: 10/25/1996 |
Motion to Substitute Attorney |
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MOTION by Larken Properties, I, Larken, Inc., Kenneth M. Cahill, Lawrence A. Cahill to Substitute Attorney (psid)
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| 463 |
Filed: 10/23/1996, Entered: 10/24/1996 |
Response to Motion |
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RESPONSE by Larken, Inc., Larken Properties, I to [459-1] motion of Popham, Haik, Schnobrich & Kaufman, Ltd. to assert claim and lien for attorney's fees (clerk)
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| 462 |
Filed: 10/16/1996, Entered: 10/17/1996 |
Transcript |
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TRANSCRIPT proceedings for dates of 5/1/96 (LMB) (psid)
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| 461 |
Filed: 10/9/1996, Entered: 10/10/1996 |
Notice of Hearing. |
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NOTICE of Hearing: Motion Hearing set for 10:00 10/25/96 for [459-1] motion of Popham, Haik, Schnobrich & Kaufman, Ltd. to assert claim and lien for attorney's fees (clerk)
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| 460 |
Filed: 10/9/1996, Entered: 10/10/1996 |
Memorandum in Support |
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MEMORANDUM in support of [459-1] motion of Popham, Haik, Schnobrich & Kaufman, Ltd. to assert claim and lien for attorney's fees (clerk)
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| 459 |
Filed: 10/9/1996, Entered: 10/10/1996 |
Motion for Miscellaneous Relief |
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MOTION of Popham, Haik, Schnobrich & Kaufman, Ltd. to assert claim and lien for attorney's fees (clerk)
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| 458 |
Filed: 9/9/1996, Entered: 9/16/1996 |
Order |
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ORDER granting [456-1] motion by Marc Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen to Vacate 8/28/96 [455-1] order and reenter judgment when the court rules on the pending fee petitions of all other defts. ent-filed ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (psid)
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| 457 |
Filed: 9/4/1996, Entered: 9/4/1996 |
Memorandum in Support |
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MEMORANDUM by Sht Mtl Wrks Nat Pen, John D. Harrington, Marc Le Blanc in support of [456-1] unopposed motion to Vacate [455-1] order and reenter judgment when the court rules on the pending fee petitions of all other defts (psid)
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| 456 |
Filed: 9/4/1996, Entered: 9/4/1996, Terminated: 9/9/1996 |
Motion to Vacate |
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UNOPPOSED MOTION by Marc Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen to Vacate [455-1] order and reenter judgment when the court rules on the pending fee petitions of all other defts (psid)
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| 455 |
Filed: 8/28/1996, Entered: 9/4/1996 |
Order |
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ORDER Since the 6/21/96 ruling, pltfs and deft Beck have stipulated that $125,741.85 is a reasonable total for Beck's atty's fees and costs, therefore, it is hereby ORDERED that within 15 days of this Order pltfs tender $125,741.85 to counsel for deft Beck. ent-filed ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (psid)
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| 454 |
Filed: 8/1/1996, Entered: 8/9/1996 |
Order |
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ORDER The Clerk is directed to correct the record in this matter to reflect that the complaint in former N. Dist of Iowa case no. 95-225 was dismissed without prejudice pursuant to Rule 41(a)(1)(ii) on 3/27/96 and the Clerk shall certify that corrected record and transmit it to the Court of appeals forthwith. ent-filed ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (psid)
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| 453 |
Filed: 7/29/1996, Entered: 7/30/1996 |
Notice of Hearing. |
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NOTICE of Hearing: Motion Hearing set for 10:00 8/2/96 for [451-1] motion by pltfs. to correct record pursuant to Rule 10(e)FED.R.APP.P. (clerk)
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| 452 |
Filed: 7/29/1996, Entered: 7/30/1996 |
Memorandum in Support |
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MEMORANDUM in support of [451-1] motion by pltfs. to correct record pursuant to Rule 10(e)FED.R.APP.P. (clerk)
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| 451 |
Filed: 7/29/1996, Entered: 7/30/1996 |
Motion for Miscellaneous Relief |
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MOTION by pltfs. to correct record pursuant to Rule 10(e)FED.R.APP.P. (clerk)
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| 450 |
Filed: 7/23/1996, Entered: 7/24/1996 |
Reply to Response to Motion |
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REPLY in further support of [443-1] motion by Larken Properties, I, Larken, Inc., Kenneth M. Cahill, Lawrence A. Cahill for Attorney Fees (LARGE PLEADING) (psid)
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| 449 |
Filed: 7/19/1996, Entered: 3/27/1997 |
Transcript |
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TRANSCRIPT for dates of 3/1/96 (TSE) (clerk)
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| 449 |
Filed: 7/19/1996, Entered: 7/24/1996 |
Transcript |
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TRANSCRIPT proceedings for dates of 6/21/96 (LMB) (psid)
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| 448 |
Filed: 7/19/1996, Entered: 7/24/1996 |
Transcript |
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TRANSCRIPT proceedings for dates of 5/24/96 (LMB) (psid)
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| 447 |
Filed: 7/19/1996, Entered: 7/24/1996 |
Transcript |
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TRANSCRIPT proceedings for dates of 6/19/96 (LMB) (psid)
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| 446 |
Filed: 7/19/1996, Entered: 7/24/1996 |
Transcript |
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TRANSCRIPT proceedings for dates of 1/4/96 (LMB) (psid)
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| 445 |
Filed: 7/19/1996, Entered: 7/19/1996 |
Memorandum in Opposition |
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MEMORANDUM by Sht Mtl Wrks Nat Pen, John D. Harrington, Marc Le Blanc in opposition to [443-1] supplemental petition by Larken Properties, I, Larken, Inc., Kenneth M. Cahill, Lawrence A. Cahill for Attorney Fees (psid)
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| 441 |
Filed: 7/18/1996, Entered: 7/19/1996 |
Memorandum in Support |
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MEMORANDUM in support of [440-1] motion to Strike the declaration of Peter C. Riley which was filed on 7-17-96 in support of petition for attorneys' fees by Cahill defts. and Larken Properties filed by pltfs. (clerk)
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| 440 |
Filed: 7/18/1996, Entered: 7/19/1996 |
Motion to Strike |
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MOTION to Strike the declaration of Peter C. Riley which was filed on 7-17-96 in support of petition for attorneys' fees by Cahill defts. and Larken Properties filed by pltfs. (clerk)
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| 444 |
Filed: 7/17/1996, Entered: 7/19/1996 |
Bill of Costs |
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Bill of costs filed for Lawrence A. Cahill, Kenneth M. Cahill, Larken, Inc., Larken Properties, I in the amt of $52,369.44 (psid)
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| 443 |
Filed: 7/17/1996, Entered: 7/19/1996 |
Motion for Attorney Fees |
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MOTION (Supplemental Petition) by Larken Properties, I, Larken, Inc., Kenneth M. Cahill, Lawrence A. Cahill for Attorney Fees with attached declaration of Peter C. Riley (psid)
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| 442 |
Filed: 7/17/1996, Entered: 7/19/1996 |
Reply to Response to Motion |
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REPLY by Charles E. Underbrink to opposition to [398-1] motion by Charles E. Underbrink for Attorney Fees and costs (psid)
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| 438 |
Filed: 7/15/1996, Entered: 7/15/1996 |
Stipulation |
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Stipulation filed by Sht Mtl Wrks Nat Pen, John D. Harrington, Marc Le Blanc, James W. Beck that attys' fees in the amount of $123,500 and costs in the amount of $2,241.85 are reasonable for deft Beck (psid)
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| 437 |
Filed: 7/15/1996, Entered: 7/15/1996 |
Memorandum in Opposition |
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MEMORANDUM by Sht Mtl Wrks Nat Pen, John D. Harrington, Marc Le Blanc in opposition to [404-1] motion by Larken Properties, I, Larken, Inc. for Attorney Fees (psid)
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| 435 |
Filed: 7/15/1996, Entered: 7/15/1996 |
Memorandum in Opposition |
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BRIEF by Sht Mtl Wrks Nat Pen, John D. Harrington, Marc Le Blanc in opposition to [398-1] motion by Charles E. Underbrink for Attorney Fees and costs (psid)
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| 436 |
Filed: 7/12/1996, Entered: 7/15/1996 |
Affidavit |
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DECLARATION of Pat Wynns (psid)
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| 439 |
Filed: 7/9/1996, Entered: 7/18/1996 |
Notice of Appeal |
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NOTICE OF APPEAL by Sht Mtl Wrks Nat Pen, John D. Harrington, Marc Le Blanc of the order of N. Dist of Iowa transferring case to the EDVA, and the orders of 1/19/96, 4/25/96, 5/31/96 and 7/5/96. FILING FEE $ 105.00 RECEIPT 109918. Copy of notice, orders, docket sheet and transmittal sheet sent to USCA. Copy of notice, docket sheet and transmittal sheet sent to counsel. (psid) Modified on 07/18/1996
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| 432 |
Filed: 7/8/1996, Entered: 7/8/1996 |
Reply to Response to Motion |
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REPLY by pltfs to opposition by the Larken defts to [421-1] motion to Alter Judgment or amend judgment filed by pltfs. (psid)
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| 434 |
Filed: 7/5/1996, Entered: 7/9/1996 |
Order |
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ORDER denying [421-1] motion by pltfs to Alter Judgment or amend judgment, denying [417-1] motion by Marc Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen for Fees ( signed by Judge Leonie M. Brinkema ) Copies yes (psid)
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| 431 |
Filed: 7/5/1996, Entered: 7/5/1996 |
Reply to Response to Motion |
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REPLY by Sht Mtl Wrks Nat Pen, John D. Harrington, Arthur Moore, Alan J. Chermak, Matthew B. Hernandez Jr., Clinton O. Gowan Jr., Ronald Palmerick, Bruce Stockwell, Marc Le Blanc to oppositions by Beck & Underbrink to pltfs' [421-1] motion to Alter Judgment or amend judgment (mcke)
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| 430 |
Filed: 7/3/1996, Entered: 7/3/1996 |
Memorandum in Opposition |
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BRIEF by Larken, Inc., Larken Properties, I, Lawrence A. Cahill, Kenneth M. Cahill in opposition to [421-1] motion to Alter Judgment or amend judgment filed by pltfs. (jsol)
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| 429 |
Filed: 7/3/1996, Entered: 7/3/1996 |
Memorandum in Support |
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REPLY BRIEF by Sht Mtl Wrks Nat Pen, John D. Harrington, Marc Le Blanc in support of [417-1] motion by Marc Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen for Attorney Fees (jsol)
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| 433 |
Filed: 7/2/1996, Entered: 7/9/1996 |
Bill of Costs |
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Bill of costs filed by Lawrence A. Cahill, Kenneth M. Cahill, Larken, Inc., Larken Properties, I in the amt of $50,038.23 (psid)
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| 428 |
Filed: 7/2/1996, Entered: 7/2/1996 |
Affidavit |
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DECLARATION of Mark F. Evens (clerk)
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| 427 |
Filed: 7/2/1996, Entered: 7/2/1996 |
Memorandum in Opposition |
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OPPOSITION by Charles E. Underbrink to [421-1] Fund's motion to Alter Judgment or amend judgment (clerk)
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| 426 |
Filed: 7/2/1996, Entered: 7/2/1996 |
Memorandum in Support |
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SUPPLEMENTAL BRIEF by James W. Beck in support of [401-1] motion by for Attorney Fees and costs (clerk)
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| 425 |
Filed: 7/2/1996, Entered: 7/2/1996 |
Memorandum in Opposition |
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BRIEF by James W. Beck in opposition to [421-1] pltf's motion to Alter Judgment or amend judgment (clerk)
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| 424 |
Filed: 7/1/1996, Entered: 7/2/1996 |
Memorandum in Opposition |
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OPPOSITION by Larken, Inc., Larken Properties, I in to Counterclaim Deft's motion for an award of attys fees an costs (clerk)
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| 423 |
Filed: 6/26/1996, Entered: 6/27/1996 |
Notice of Hearing. |
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NOTICE of Hearing: Motion Hearing set for 10:00 7/5/96 for [421-1] motion to Alter Judgment or amend judgment filed by pltfs. (clerk)
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| 422 |
Filed: 6/26/1996, Entered: 6/27/1996 |
Memorandum in Support |
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MEMORANDUM in support of [421-1] motion to Alter Judgment or amend judgment filed by pltfs with exhibits. (clerk)
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| 421 |
Filed: 6/26/1996, Entered: 6/27/1996, Terminated: 7/5/1996 |
~Motion to Alter Judgment |
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MOTION to Alter Judgment or amend judgment filed by pltfs. (clerk)
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| 420 |
Filed: 6/26/1996, Entered: 6/26/1996 |
Affidavit |
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AFFIDAVIT of Thomas W. Pahl Re: [398-1] motion by Charles E. Underbrink for Attorney Fees and costs by Charles E. Underbrink (clerk)
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| 419 |
Filed: 6/24/1996, Entered: 6/25/1996 |
Notice of Hearing. |
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NOTICE of Hearing: Motion Hearing set for 10:00 7/5/96 for [417-1] motion by Marc Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen for Attorney Fees (clerk)
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| 418 |
Filed: 6/24/1996, Entered: 6/25/1996 |
Memorandum in Support |
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MEMORANDUM by Sht Mtl Wrks Nat Pen, John D. Harrington, Marc Le Blanc in support of [417-1] motion by Marc Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen for Attorney Fees by Marc Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen (clerk)
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| 417 |
Filed: 6/24/1996, Entered: 6/25/1996 |
Motion for Attorney Fees |
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MOTION by Marc Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen for Attorney Fees (clerk)
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| 416 |
Filed: 6/21/1996, Entered: 6/25/1996 |
Order |
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ORDER granting [404-1] motion by Larken Properties, I, Larken, Inc., Lawrence Cahill and Kenneth CaHill for Attorney Fees, granting [401-1] motion by James W. Beck for Attorney Fees and costs, granting [398-1] motion by Charles E. Underbrink for Attorney Fees and costs. Ordered that the defts have (11) days in which to file their final itemizations of fees & costs. Pltfs will have (11) days from receipt of Itemizations in which to respond. ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (lbac)
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| -- |
Filed: 6/21/1996, Entered: 6/25/1996 |
Minutes-Miscellaneous |
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Minute entry: (LMB). Reporter: McCoy. Matter came on for defts' Charles Underbrink's, James Beck's, Larken Inc., Larken Prop., Lawrence CaHill and Kenneth CaHill's Motions for Atty's Fees. Appearance of counsel. Motions argued and GRANTED. Order to be entered. (lbac)
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| 414 |
Filed: 6/20/1996, Entered: 6/21/1996 |
Reply to Response to Motion |
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REPLY by Lawrence A. Cahill, Kenneth M. Cahill, Larken, Inc., Larken Properties, I to response to [404-1] motion by Larken Properties, I, Larken, Inc. for Attorney Fees by Larken Properties, I, Larken, Inc. (clerk)
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| 413 |
Filed: 6/20/1996, Entered: 6/20/1996 |
Reply to Response to Motion |
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REPLY by Charles E. Underbrink to response to [398-1] motion by Charles E. Underbrink for Attorney Fees and costs by Charles E. Underbrink (clerk)
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| 412 |
Filed: 6/20/1996, Entered: 6/20/1996 |
Reply to Response to Motion |
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REPLY by James W. Beck to response to [401-1] motion by James W. Beck for Attorney Fees and costs by James W. Beck (clerk)
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| 415 |
Filed: 6/19/1996, Entered: 6/21/1996 |
Order |
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ORDER granting [409-1] motion by Marc Le Blanc, Sht Mtl Wrks Nat Pen, Carl Moore to Extend Time to oppose reasonableness of fees and costs sought by defts Beck and Underbrink and pltfs are granted 10 days from the date of this Court's ruling on defts' motions for an award of fees and costs to oppose. ent-filed ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (psid)
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| Save 25% on a pre-paid one year subscription. |
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| 411 |
Filed: 6/19/1996, Entered: 6/20/1996 |
Memorandum in Opposition |
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MEMORANDUM by Carl Moore, Sht Mtl Wrks Nat Pen, John D. Harrington, Arthur Moore, Alan J. Chermak, Matthew B. Hernandez Jr., Clinton O. Gowan Jr., Ronald Palmerick, Bruce Stockwell in opposition to [83-1] order, [87-2] notice hearing (clerk)
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| 410 |
Filed: 6/17/1996, Entered: 6/19/1996 |
Notice |
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NOTICE of Emergency Motion (Unopposed) by Carl Moore, Sht Mtl Wrks Nat Pen, Marc Le Blanc (psid)
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| 409 |
Filed: 6/17/1996, Entered: 6/19/1996, Terminated: 6/19/1996 |
Motion for Extension |
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UNOPPOSED EMERGENCY MOTION by Marc Le Blanc, Sht Mtl Wrks Nat Pen, Carl Moore to Extend Time to oppose reasonableness of fees and costs sought by defts Beck and Underbrink (psid)
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| 406 |
Filed: 6/14/1996, Entered: 6/17/1996 |
Notice of Hearing. |
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NOTICE of Hearing: Motion Hearing set for 10:00 6/21/96 for [404-1] motion by Larken Properties, I, Larken, Inc. for Attorney Fees (clerk)
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| 405 |
Filed: 6/14/1996, Entered: 6/17/1996 |
Memorandum in Support |
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MEMORANDUM by Larken, Inc., Larken Properties, I in support of [404-1] motion by Larken Properties, I, Larken, Inc. for Attorney Fees by Larken Properties, I, Larken, Inc. (clerk)
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| 404 |
Filed: 6/14/1996, Entered: 6/17/1996, Terminated: 6/21/1996 |
Motion for Attorney Fees |
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MOTION by Larken Properties, I, Larken, Inc. for Attorney Fees (clerk)
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| 403 |
Filed: 6/14/1996, Entered: 6/17/1996 |
Notice of Hearing. |
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NOTICE of Hearing: Motion Hearing set for 10:00 6/21/96 for [401-1] motion by James W. Beck for Attorney Fees and costs (clerk)
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| 402 |
Filed: 6/14/1996, Entered: 6/17/1996 |
Memorandum in Support |
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MEMORANDUM by James W. Beck in support of [401-1] motion by James W. Beck for Attorney Fees and costs by James W. Beck (clerk)
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| 401 |
Filed: 6/14/1996, Entered: 6/17/1996 |
Motion for Attorney Fees |
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MOTION by James W. Beck for Attorney Fees and costs (clerk)
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| 400 |
Filed: 6/14/1996, Entered: 6/17/1996 |
Notice of Hearing. |
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NOTICE of Hearing: Motion Hearing set for 10:00 6/21/96 for [398-1] motion by Charles E. Underbrink for Attorney Fees and costs (clerk)
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| 399 |
Filed: 6/14/1996, Entered: 6/17/1996 |
Memorandum in Support |
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MEMORANDUM by Charles E. Underbrink in support of [398-1] motion by Charles E. Underbrink for Attorney Fees and costs by Charles E. Underbrink with affidavit of Thomas Pahl in support (clerk)
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| 398 |
Filed: 6/14/1996, Entered: 6/17/1996 |
Motion for Attorney Fees |
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MOTION by Charles E. Underbrink for Attorney Fees and costs (clerk)
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| 408 |
Filed: 6/13/1996, Entered: 6/19/1996 |
Order |
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ORDER granting [387-1] pltfs motion for leave to depose Oakleigh J. Thorne and, as long as Thorne's health is not compromised, the pltf may take his deposition with certain conditiions. (See Order for details) ent-filed ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (psid)
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| 407 |
Filed: 6/13/1996, Entered: 6/19/1996 |
Order |
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AGREED ORDER that the default judgments previously entered by this Court against Cavet Snyder and the Estate of Gordon Jones are vacated; and that Count One of the Third Amended Complaint and the counterclaim of Cavet Snyder are dismissed with prejudice, with each side to bear their own costs. ent-filed ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (psid)
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| 397 |
Filed: 6/13/1996, Entered: 6/13/1996 |
Reply to Response to Motion |
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REPLY by Sht Mtl Wrks Nat Pen, John D. Harrington, Arthur Moore, Alan J. Chermak, Matthew B. Hernandez Jr., Clinton O. Gowan Jr., Ronald Palmerick, Bruce Stockwell to response to [387-1] motion (clerk)
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| -- |
Filed: 6/13/1996, Entered: 7/8/1996 |
Case Assigned/Reassigned |
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CASE assigned to Judge Leonie M. Brinkema (psid)
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| -- |
Filed: 6/13/1996, Entered: 7/8/1996 |
Terminated Case |
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Case closed (psid)
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| 396 |
Filed: 6/12/1996, Entered: 6/12/1996 |
Memorandum in Opposition |
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MEMORANDUM by Larken, Inc., Larken Properties, I in opposition to [387-1] motion (clerk)
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| 395 |
Filed: 6/12/1996, Entered: 6/12/1996 |
Memorandum in Opposition |
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MEMORANDUM by Charles E. Underbrink in opposition to [387-1] motion (clerk)
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| 394 |
Filed: 6/12/1996, Entered: 6/12/1996 |
Transcript |
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TRANSCRIPT proceedings for dates of 4/19/96 (TRJ) (psid)
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| 393 |
Filed: 6/12/1996, Entered: 6/12/1996 |
Memorandum in Opposition |
|
MEMORANDUM by James W. Beck in opposition to [387-1] motion (clerk)
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| 392 |
Filed: 6/10/1996, Entered: 6/11/1996 |
Order |
|
ORDER that deft. Underbrink's counterclaim is dismissed w/prej. - entered and filed ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (clerk)
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| 391 |
Filed: 6/10/1996, Entered: 6/11/1996 |
Order |
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ORDER that the time for appeal of Order granting summ. judg. to defts. on ct.'s 4, 5 and 6(#386) begins w/date of Memmo. Opin. - 6-10-96 - entered and filed ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (clerk)
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| 390 |
Filed: 6/10/1996, Entered: 6/11/1996 |
Memorandum and Opinion |
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MEMORANDUM OPINION - entered and filed(see opinion for details) ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (clerk)
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| 389 |
Filed: 6/10/1996, Entered: 6/11/1996 |
Notice of Hearing. |
|
NOTICE of Hearing: Motion Hearing set for 10:00 6/14/96 for [387-1] motion (clerk)
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| 388 |
Filed: 6/10/1996, Entered: 6/11/1996 |
Memorandum in Support |
|
MEMORANDUM in support of [387-1] motion (clerk)
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| 387 |
Filed: 6/10/1996, Entered: 6/11/1996, Terminated: 6/13/1996 |
Motion for Miscellaneous Relief |
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MOTION by pltfs. for leave to depose Oakleigh J. Thorne (clerk)
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| 386 |
Filed: 5/31/1996, Entered: 6/5/1996 |
Order |
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ORDER that defts. L. Cahill, K. Cahill, Larken, Inc. and Larken Properties, Inc.'s motion for summ. judg. is granted as to ct.'s 4, 5 and 6 of pltfs.' 3rd amended complaint, summ. judg. entered in favor of same on those ct.'s; pltfs.' cross motion for summ. judg. is denied; defts. Beck and Underbrink's motions for summ. judg. are granted as to ct.'s 5 and 6 of pltfs.' 3rd amended compl., summ. judg. entered in favor of same on those ct.'s; pltfs.' cross motions for summ. judg. are denied; pltfs.' motion for summ. judg. on Larken, Inc.'s and Larken Properties amended counterclaim is granted; summ. judg. entered in favor of pltfs. Le Blanc, Harrington and the Fund on Larken, Inc.'s and Larken Properties, Inc.'s amended counterclaim; pltfs.' motion to file an amended more definite statement re: fraud allegations is denied; above rulings moot all other pend. mot.'s - entered and filed ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (clerk)
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| 385 |
Filed: 5/30/1996, Entered: 5/30/1996 |
Transcript |
|
TRANSCRIPT proceedings for dates of 5/24/96 (LMB) (psid)
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| 384 |
Filed: 5/29/1996, Entered: 5/29/1996 |
Notice |
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NOTICE of filing of transcript designations of James A. Berman's deposition (LARGE Pleading) (psid) Modified on 05/29/1996
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| -- |
Filed: 5/24/1996, Entered: 6/5/1996 |
Minutes-Miscellaneous |
|
Minute entry: Judge Brinkema. Reporter: McCoy; matter on for hrg. on pltfs.' and defts.' motions; appearances: of counsel pltfs. Le Blanc, Harrington and Sheet Metal Worker's National Pension Fund's motion for summ. judg. on defts. Larken, Inc. and Larken Properties amended counterclaim - argued and granted; deft. Beck and Underbrink's motion for summary judg. - argued and taken under advisement; deft. Larken Properties, Inc., Larken, Inc., Kenneth Cahill and LAwrence Cahill's motion for judg. on pleadings and for summ. judg. - argued and denied; pltfs.' motion to amend ex. list - deferred to trial Judge; pltfs.' motion to file amended-more definite statement - denied, motion in limine - deferred to trial Judge (clerk) Modified on 06/05/1996
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| -- |
Filed: 5/24/1996, Entered: 5/28/1996 |
Deposition |
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DEPOSITION of Lawrence Robert received in 1 bound volume (psid)
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| -- |
Filed: 5/24/1996, Entered: 5/28/1996 |
Deposition |
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DEPOSITION of James A. Berman received in one bound volume (psid)
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| 382 |
Filed: 5/23/1996, Entered: 5/23/1996 |
Reply to Response to Motion |
|
REPLY by Carl Moore, Sht Mtl Wrks Nat Pen, John D. Harrington, Arthur Moore, Alan J. Chermak, Matthew B. Hernandez Jr., Clinton O. Gowan Jr., Ronald Palmerick to response to [375-1] motion for Leave to File amended more definite statement regarding fraud allgations (clerk)
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| 381 |
Filed: 5/22/1996, Entered: 5/23/1996 |
Memorandum in Opposition |
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MEMORANDUM by Larken, Inc., Larken Properties, I in opposition to [373-1] motion in Limine to strike defts' objections to pltfs' witness list (clerk)
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| 380 |
Filed: 5/22/1996, Entered: 5/22/1996, Terminated: 5/31/1996 |
Response to Motion |
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RESPONSE by Charles E. Underbrink to [370-1] motion to Amend exhibit list filed by pltfs., [347-1] motion for Leave to File oversized brief and a separate statement of disputed and undisputed material facts, [340-1] motion by Larken Properties, I, Larken, Inc., Kenneth M. Cahill, Lawrence A. Cahill for Leave to File brief in excess of 30 pages by Larken Properties, I, Larken, Inc., Kenneth M. Cahill, Lawrence A. Cahill (clerk)
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| 379 |
Filed: 5/22/1996, Entered: 5/22/1996 |
Memorandum in Opposition |
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MEMORANDUM by James W. Beck in opposition to [370-1] motion to Amend exhibit list filed by pltfs., [375-1] motion for Leave to File amended more definite statement regarding fraud allgations, [373-1] motion in Limine to strike defts' objections to pltfs' witness list (clerk)
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| 383 |
Filed: 5/21/1996, Entered: 5/29/1996 |
Order |
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ORDER that national Union be and is added as a deft in this lawsuit, both as a real party in interest and as a necessary party solely with respect to the damage claims asserted against Cavet Snyder and the Jones Estate. The liability of Snyder and the Jones estate has already been stipulated, therefore, the only issue remaining to be decided is what, if any, damages can be attributed to these defts. ent-filed ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (psid)
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| 377 |
Filed: 5/20/1996, Entered: 5/21/1996 |
Notice of Hearing. |
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NOTICE of Hearing: Motion Hearing set for 10:00 5/24/96 for [375-1] motion for Leave to File amended more definite statement regarding fraud allgations, set for 10:00 5/24/96 for [373-1] motion in Limine to strike defts' objections to pltfs' witness list (clerk)
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| 376 |
Filed: 5/20/1996, Entered: 5/21/1996 |
Memorandum in Support |
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MEMORANDUM in support of [375-1] motion for Leave to File amended more definite statement regarding fraud allgations (clerk)
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| 375 |
Filed: 5/20/1996, Entered: 5/21/1996 |
Motion for Leave to File |
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MOTION for Leave to File amended more definite statement regarding fraud allgations (clerk)
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| 374 |
Filed: 5/20/1996, Entered: 5/21/1996 |
Memorandum in Support |
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MEMORANDUM in support of [373-1] motion in Limine to strike defts' objections to pltfs' witness list (clerk)
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| 373 |
Filed: 5/20/1996, Entered: 5/21/1996 |
Motion in Limine |
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Pltfs.'s MOTION in Limine to strike defts' objections to pltfs' witness list (clerk)
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| 372 |
Filed: 5/20/1996, Entered: 5/20/1996 |
Notice of Hearing. |
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NOTICE of Hearing: Motion Hearing set for 10:00 5/24/96 for [370-1] motion to Amend exhibit list filed by pltfs. (clerk)
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| 371 |
Filed: 5/20/1996, Entered: 5/20/1996 |
Memorandum in Support |
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MEMORANDUM in support of [370-1] motion to Amend exhibit list filed by pltfs. (clerk)
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| 370 |
Filed: 5/20/1996, Entered: 5/20/1996, Terminated: 5/31/1996 |
Motion to Amend/Correct |
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MOTION to Amend exhibit list filed by pltfs. (clerk)
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| 369 |
Filed: 5/17/1996, Entered: 5/17/1996 |
Objection |
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AMENDED OBJECTIONS by defendant June M. Carlough to Larken Defts' trial exhibits (psid)
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| 368 |
Filed: 5/16/1996, Entered: 5/17/1996 |
Reply to Response to Motion |
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REPLY by Counterclaim defts' in support of [328-1] motion by Marc Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen for Summary Judgment on Larken, Inc.'s and Larken Properties Amended counterclaim (psid)
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| 367 |
Filed: 5/16/1996, Entered: 5/17/1996 |
Order |
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ORDER that pltfs are granted leave to file their brief in opposition to the motion by the Larken defts for summary judgment, time for filing having expired. ent-filed ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (psid)
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| 365 |
Filed: 5/16/1996, Entered: 5/16/1996 |
Reply to Response to Motion |
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REPLY by Larken, Inc., Larken Properties, I to response to [345-1] motion by Larken Properties, I, Larken, Inc., Kenneth M. Cahill, Lawrence A. Cahill for Summary Judgment by Larken Properties, I, Larken, Inc., Kenneth M. Cahill, Lawrence A. Cahill with exhibits (clerk)
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| 364 |
Filed: 5/16/1996, Entered: 5/16/1996, Terminated: 5/31/1996 |
Response to Motion |
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RESPONSE by Larken, Inc., Larken Properties, I to pltfs' counterstatement of disputed and undisputed facts (clerk)
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| 366 |
Filed: 5/15/1996, Entered: 5/17/1996 |
Order |
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ORDER that pltfs are granted leave to file their brief in oppositiion to the motions by defts Beck and Underbrink for summary judgment, time for filing having expired. ent-filed ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (psid)
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| 363 |
Filed: 5/15/1996, Entered: 5/16/1996 |
Memorandum in Opposition |
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MEMORANDUM by Carl Moore, Sht Mtl Wrks Nat Pen, John D. Harrington, Arthur Moore, Alan J. Chermak, Matthew B. Hernandez Jr., Clinton O. Gowan Jr., Ronald Palmerick in opposition to [305-1] motion (clerk)
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| 362 |
Filed: 5/15/1996, Entered: 5/15/1996 |
Reply to Response to Motion |
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REPLY by Larken, Inc., Larken Properties, I to response to [345-1] motion by Larken Properties, I, Larken, Inc., Kenneth M. Cahill, Lawrence A. Cahill for Summary Judgment by Larken Properties, I, Larken, Inc., Kenneth M. Cahill, Lawrence A. Cahill with appendix of exhibits (clerk)
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| 361 |
Filed: 5/15/1996, Entered: 5/15/1996 |
Reply to Response to Motion |
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REPLY by Lawrence A. Cahill, Kenneth M. Cahill, Larken, Inc., Larken Properties, I to response to [342-1] motion by Larken Properties, I, Larken, Inc., Kenneth M. Cahill, Lawrence A. Cahill for judgment on the pleadings by Larken Properties, I, Larken, Inc., Kenneth M. Cahill, Lawrence A. Cahill (clerk)
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| 360 |
Filed: 5/15/1996, Entered: 5/15/1996 |
Reply to Response to Motion |
|
REPLY by Charles E. Underbrink to response to [289-1] motion by Charles E. Underbrink for Summary Judgment by Charles E. Underbrink (clerk)
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| 359 |
Filed: 5/15/1996, Entered: 5/15/1996 |
Reply to Response to Motion |
|
REPLY by James W. Beck to response to [295-1] motion by James W. Beck for Summary Judgment by James W. Beck (clerk)
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|
|
|
|
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| 358 |
Filed: 5/15/1996, Entered: 5/15/1996 |
Memorandum in Opposition |
|
CORRECTED MEMORANDUM by Carl Moore, Sht Mtl Wrks Nat Pen, John D. Harrington, Arthur Moore, Alan J. Chermak, Matthew B. Hernandez Jr., Clinton O. Gowan Jr., Ronald Palmerick in opposition to [345-1] motion by Larken Properties, I, Larken, Inc., Kenneth M. Cahill, Lawrence A. Cahill for Summary Judgment by Larken Properties, I, Larken, Inc., Kenneth M. Cahill, Lawrence A. Cahill and in support of pltfs' cross motion for summary judgment (clerk)
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|
|
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|
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| 357 |
Filed: 5/14/1996, Entered: 5/15/1996 |
Affidavit |
|
DECLARATION OF Roy E. Flora Re: in support of pltfs' counterstatement of disputed and undisputed facts (clerk)
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|
|
|
|
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| 356 |
Filed: 5/14/1996, Entered: 5/15/1996 |
Docket Annotation |
|
Pltfs' counterstatement of facts in response to the Larken defts' statement of material facts to which there is no genuine issue (clerk)
|
|
|
|
|
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| 355 |
Filed: 5/14/1996, Entered: 5/15/1996 |
Memorandum in Opposition |
|
MEMORANDUM by Carl Moore, Sht Mtl Wrks Nat Pen, John D. Harrington, Arthur Moore, Alan J. Chermak, Matthew B. Hernandez Jr., Clinton O. Gowan Jr., Ronald Palmerick in opposition to [342-1] motion by Larken Properties, I, Larken, Inc., Kenneth M. Cahill, Lawrence A. Cahill for judgment on the pleadings by Larken Properties, I, Larken, Inc., Kenneth M. Cahill, Lawrence A. Cahill and in support of cross motion for partial judgment on the pleadings (clerk)
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| 354 |
Filed: 5/13/1996, Entered: 5/13/1996 |
Memorandum in Opposition |
|
MEMORANDUM by Larken, Inc., Larken Properties, I in opposition to [328-1] motion by Marc Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen for Summary Judgment on Larken, Inc. and Larken Properties amended counterclaim by Marc Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen with statement of material facts in dispute and appendix of exhibits (clerk)
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| 353 |
Filed: 5/13/1996, Entered: 5/13/1996 |
Docket Annotation |
|
Pltfs.' counterstatement of disputed and undisputed facts with declarations and depositions excerpts in support (clerk)
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|
|
|
|
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| 352 |
Filed: 5/13/1996, Entered: 5/13/1996 |
Memorandum in Support |
|
MEMORANDUM by Carl Moore, Sht Mtl Wrks Nat Pen, John D. Harrington, Arthur Moore, Alan J. Chermak, Matthew B. Hernandez Jr., Clinton O. Gowan Jr., Ronald Palmerick in support of [345-1] motion by Larken Properties, I, Larken, Inc., Kenneth M. Cahill, Lawrence A. Cahill for Summary Judgment by Larken Properties, I, Larken, Inc., Kenneth M. Cahill, Lawrence A. Cahill, [295-1] motion by James W. Beck for Summary Judgment by James W. Beck, [289-1] motion by Charles E. Underbrink for Summary Judgment by Charles E. Underbrink (clerk)
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|
|
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| 378 |
Filed: 5/10/1996, Entered: 5/21/1996 |
Order |
|
ORDER granting [347-1] motion for Leave to File oversized brief(not to exceed 35 pages) , granting [331-1] motion by June M. Carlough to Extend Time to file final objections to Larken defts' trial exhibits ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (clerk)
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| 351 |
Filed: 5/10/1996, Entered: 5/13/1996 |
Docket Annotation |
|
Pltfs' brief regarding choice of law issues (clerk)
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| -- |
Filed: 5/9/1996, Entered: 5/9/1996 |
Set/Reset Deadlines: |
|
Deadline updated; Motion Hearing set for 10:00 5/17/96 for [305-1] motion (clerk)
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| 350 |
Filed: 5/8/1996, Entered: 5/8/1996 |
Objection |
|
SUPPLEMENTAL OBJECTIONS by defendant James W. Beck (psid)
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|
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|
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| 349 |
Filed: 5/6/1996, Entered: 5/7/1996 |
Notice of Hearing. |
|
NOTICE of Hearing: Motion Hearing set for 10:00 5/10/96 for [347-1] motion for Leave to File oversized brief and a separate statement of disputed and undisputed material facts (clerk)
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|
|
|
|
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| 348 |
Filed: 5/6/1996, Entered: 5/7/1996 |
Memorandum in Support |
|
MEMORANDUM in support of [347-1] motion for Leave to File oversized brief and a separate statement of disputed and undisputed material facts filed by pltfs. (clerk)
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|
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|
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| 347 |
Filed: 5/6/1996, Entered: 5/7/1996, Terminated: 5/10/1996 |
Motion for Leave to File |
|
MOTION by pltfs. Marc Le Blanc, John Harrington and Sheeet MEtal Workers for Leave to File oversized brief and a separate statement of disputed and undisputed material facts (clerk)
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| 346 |
Filed: 5/3/1996, Entered: 5/6/1996 |
Memorandum in Support |
|
MEMORANDUM by Lawrence A. Cahill, Kenneth M. Cahill, Larken, Inc., Larken Properties, I in support of [345-1] motion by Larken Properties, I, Larken, Inc., Kenneth M. Cahill, Lawrence A. Cahill for Summary Judgment by Larken Properties, I, Larken, Inc., Kenneth M. Cahill, Lawrence A. Cahill with affidavit of Stephen Murphy and exhibits in volume 2 (clerk)
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| 345 |
Filed: 5/3/1996, Entered: 5/6/1996 |
Motion for Summary Judgment |
|
MOTION by Larken Properties, I, Larken, Inc., Kenneth M. Cahill, Lawrence A. Cahill for Summary Judgment (clerk)
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|
|
|
|
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| 344 |
Filed: 5/3/1996, Entered: 5/6/1996 |
Notice of Hearing. |
|
NOTICE of Hearing: Motion Hearing set for 10:00 5/17/96 for [342-1] motion by Larken Properties, I, Larken, Inc., Kenneth M. Cahill, Lawrence A. Cahill for judgment on the pleadings (clerk)
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| 343 |
Filed: 5/3/1996, Entered: 5/6/1996 |
Memorandum in Support |
|
MEMORANDUM by Lawrence A. Cahill, Kenneth M. Cahill, Charles E. Underbrink, Larken, Inc. in support of [342-1] motion by Larken Properties, I, Larken, Inc., Kenneth M. Cahill, Lawrence A. Cahill for judgment on the pleadings by Larken Properties, I, Larken, Inc., Kenneth M. Cahill, Lawrence A. Cahill (clerk)
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|
|
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| 342 |
Filed: 5/3/1996, Entered: 5/6/1996 |
Motion for Miscellaneous Relief |
|
MOTION by Larken Properties, I, Larken, Inc., Kenneth M. Cahill, Lawrence A. Cahill for judgment on the pleadings (clerk)
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|
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| 341 |
Filed: 5/3/1996, Entered: 5/6/1996 |
Notice of Hearing. |
|
NOTICE of Hearing: Motion Hearing set for 10:00 5/17/96 for [340-1] motion by Larken Properties, I, Larken, Inc., Kenneth M. Cahill, Lawrence A. Cahill for Leave to File brief in excess of 30 pages (clerk)
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|
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| 340 |
Filed: 5/3/1996, Entered: 5/6/1996 |
Motion for Leave to File |
|
MOTION by Larken Properties, I, Larken, Inc., Kenneth M. Cahill, Lawrence A. Cahill for Leave to File brief in excess of 30 pages (clerk)
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|
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| 339 |
Filed: 5/3/1996, Entered: 5/6/1996 |
Order |
|
ORDER This matter came before the court on objections and motion for reconsideration of the magistate judge's order of 4/25/96. it appearing to the court that the decision of the magistrate judge is mot clearly erroneous and was a proper one, it is ORDERED that the decisiion of the magistrate judge dated 4/25/96 is AFFIRMED. ent-filed ( signed by Judge Claude M. Hilton ) Copies Mailed: yes (psid)
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| 338 |
Filed: 5/3/1996, Entered: 5/6/1996 |
Order |
|
ORDER that the hearings on the motions for summary judgment filed by defts Beck and Underbrink are continued to 5/17/96, and pltfs' briefs in opposition are to be filed and served by the close of business on 5/10/96 and these defts' reply briefs are to be filed and served by the close of business on 5/15/96. ent-filed ( signed by Magistrate Judge Thomas R. Jones Jr. ) Copies Mailed: yes (psid)
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| 337 |
Filed: 5/3/1996, Entered: 5/6/1996 |
Memorandum in Support |
|
MEMORANDUM by James W. Beck in support of [295-1] motion by James W. Beck for Summary Judgment (REVISED) (psid)
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|
|
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|
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| 336 |
Filed: 5/3/1996, Entered: 5/6/1996 |
Objection |
|
OBJECTION by defendant June M. Carlough to trial exhibits by Larken Properties, I, Larken, Inc., Kenneth M. Cahill, Lawrence A. Cahill (psid)
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|
|
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| 335 |
Filed: 5/3/1996, Entered: 5/6/1996 |
Objection |
|
OBJECTION by plaintiff Sht Mtl Wrks Nat Pen, plaintiff John D. Harrington, plaintiff Marc Le Blanc to defts' exhibit and witness lists (psid)
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| 334 |
Filed: 5/3/1996, Entered: 5/6/1996 |
Notice |
|
NOTICE of Adoption of exhibit withdrawn by Larken defts by Sht Mtl Wrks Nat Pen, John D. Harrington, Marc Le Blanc (psid)
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|
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| 333 |
Filed: 5/3/1996, Entered: 5/3/1996 |
Notice of Hearing. |
|
NOTICE of Hearing: Motion Hearing set for 10:00 5/10/96 for [331-1] motion by June M. Carlough to Extend Time to file final objections to Larken defts' trial exhibits (clerk)
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|
|
|
|
|
| 332 |
Filed: 5/3/1996, Entered: 5/3/1996 |
Memorandum in Support |
|
MEMORANDUM by June M. Carlough in support of [331-1] motion by June M. Carlough to Extend Time to file final objections to Larken defts' trial exhibits by June M. Carlough (clerk)
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|
|
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|
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| 331 |
Filed: 5/3/1996, Entered: 5/3/1996, Terminated: 5/10/1996 |
Motion for Extension |
|
MOTION by June M. Carlough to Extend Time to file final objections to Larken defts' trial exhibits (clerk)
|
|
|
|
|
|
| -- |
Filed: 5/3/1996, Entered: 5/6/1996 |
Set/Reset Deadlines: |
|
Deadline updated; Motion Hearing set for 10:00 5/17/96 for [295-1] motion by James W. Beck for Summary Judgment, set for 10:00 5/17/96 for [289-1] motion by Charles E. Underbrink for Summary Judgment (psid)
|
|
|
|
|
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| 330 |
Filed: 5/2/1996, Entered: 5/3/1996 |
Notice of Hearing. |
|
NOTICE of Hearing: Motion Hearing set for 10:00 5/17/96 for [328-1] motion by Marc Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen for Summary Judgment on Larken, Inc. and Larken Properties amended counterclaim (clerk)
|
|
|
|
|
|
| 329 |
Filed: 5/2/1996, Entered: 5/3/1996 |
Memorandum in Support |
|
MEMORANDUM by Sht Mtl Wrks Nat Pen, John D. Harrington, Marc Le Blanc in support of [328-1] motion by Marc Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen for Summary Judgment on Larken, Inc. and Larken Properties amended counterclaim by Marc Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen (clerk)
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|
|
|
|
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| 328 |
Filed: 5/2/1996, Entered: 5/3/1996 |
Motion for Summary Judgment |
|
MOTION by Marc Le Blanc, John D. Harrington, Sht Mtl Wrks Nat Pen for Summary Judgment on Larken, Inc. and Larken Properties amended counterclaim (clerk)
|
|
|
|
|
|
| 327 |
Filed: 5/2/1996, Entered: 5/2/1996 |
Objection |
|
OBJECTION by defendant James W. Beck to co-defts' trial exhibits (psid)
|
|
|
|
|
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| 326 |
Filed: 5/2/1996, Entered: 5/2/1996 |
Objection |
|
OBJECTION by defendant James W. Beck to pltfs' trial witnesses and exhibits (psid)
|
|
|
|
|
|
| 325 |
Filed: 5/2/1996, Entered: 5/2/1996 |
Docket Annotation |
|
LINE of defts Lawrence Cahill, Kenneth Cahill, Larken, Inc. and Larken Properties, Inc. Withdrawing trial exhibit #128 (psid)
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|
|
|
|
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| 324 |
Filed: 5/2/1996, Entered: 5/2/1996 |
Objection |
|
OBJECTION by defendant Lawrence A. Cahill, defendant Kenneth M. Cahill, defendant Larken, Inc., defendant Larken Properties, I to [275-1] exhibits by June M. Carlough (psid)
|
|
|
|
|
|
| 323 |
Filed: 5/2/1996, Entered: 5/2/1996 |
Objection |
|
OBJECTION by defendant Lawrence A. Cahill, defendant Kenneth M. Cahill, defendant Larken, Inc., defendant Larken Properties, I to pltfs' trial exhibits and counterclaim deft's exhibits (psid)
|
|
|
|
|
|
| 322 |
Filed: 5/2/1996, Entered: 5/2/1996 |
Objection |
|
OBJECTION by defendant Lawrence A. Cahill, defendant Kenneth M. Cahill, defendant Larken, Inc., defendant Larken Properties, I to [272-1] witness list by Marc Le Blanc, Arthur Moore, John D. Harrington, Sht Mtl Wrks Nat Pen (psid)
|
|
|
|
|
|
| 321 |
Filed: 5/2/1996, Entered: 5/2/1996 |
Objection |
|
OBJECTION by defendant Lawrence A. Cahill, defendant Kenneth M. Cahill, defendant Larken, Inc., defendant Larken Properties, I to [276-1] witness list by June M. Carlough (psid)
|
|
|
|
|
|
| 320 |
Filed: 5/2/1996, Entered: 5/2/1996 |
Objection |
|
OBJECTION by defendant Charles E. Underbrink to [272-1] witness list by Marc Le Blanc, Arthur Moore, John D. Harrington, Sht Mtl Wrks Nat Pen (psid)
|
|
|
|
|
|
| 319 |
Filed: 5/2/1996, Entered: 5/2/1996 |
Objection |
|
OBJECTION by defendant Charles E. Underbrink to [270-1] trial exhibits by Marc Le Blanc, Arthur Moore, John D. Harrington, Sht Mtl Wrks Nat Pen (psid)
|
|
|
|
|
|
| Save 25% on a pre-paid one year subscription. |
|
|
| 318 |
Filed: 5/2/1996, Entered: 5/2/1996 |
Objection |
|
OBJECTION by defendant Charles E. Underbrink to co-defts trial exhibits (psid)
|
|
|
|
|
|
| 317 |
Filed: 5/2/1996, Entered: 5/2/1996 |
Order |
|
MEMORANDUM OPINION AND ORDER Upon consideration of the motion to strike and deft Beck's brief in opposition, it is ORDERED as follows: Deft Beck's brief re: choice of law issues is accepted in its present form, and the pltfs may respond on or before 5/7/96, in a separate brief not exceeding 20 pages. No rebuttal brief will be allowed. Deft Beck shall resubmit his SJ brief and appendix in an amended form not exceeding 35 pages in all, and the pltf's may respond in a brief of like length. The amended brief shall be served by hand on 5/3/96 and may be filed the morning of 5/6/96. The pltfs brief in opposition shall be served by hand on 5/7/96 and may be filed 5/8/96. Any rebuttal brief shall be delivered by facsimile to counsel, and filed at midday on 5/9/96. The pltfs' motion to require more strict compliance with Local Rule 10(F)(2) is denied. ent-filed ( signed by Magistrate Judge Thomas R. Jones Jr. ) Copies Mailed: yes (psid)
|
|
|
|
|
|
| 312 |
Filed: 5/2/1996, Entered: 5/2/1996 |
Reply to Response to Motion |
|
REPLY by Carl Moore, Sht Mtl Wrks Nat Pen, John D. Harrington, Arthur Moore, Alan J. Chermak, Matthew B. Hernandez Jr., Clinton O. Gowan Jr., Ronald Palmerick to response to motion for reconsideration of order denying pltfs. leave to take deposition de bene esse (clerk)
|
|
|
|
|
|
| 316 |
Filed: 5/1/1996, Entered: 5/2/1996 |
Objection |
|
OBJECTION by defendant June M. Carlough to deft Beck's trial exhibits (psid)
|
|
|
|
|
|
| 315 |
Filed: 5/1/1996, Entered: 5/2/1996 |
Objection |
|
OBJECTION by defendant June M. Carlough to trial exhibits by Marc Le Blanc, Arthur Moore, John D. Harrington, Sht Mtl Wrks Nat Pen (psid)
|
|
|
|
|
|
| 314 |
Filed: 5/1/1996, Entered: 5/2/1996 |
Objection |
|
OBJECTION by defendant June M. Carlough to trial exhibits by Charles E. Underbrink (psid)
|
|
|
|
|
|
| 313 |
Filed: 5/1/1996, Entered: 5/2/1996 |
Memorandum in Opposition |
|
MEMORANDUM by James W. Beck in opposition to [302-1] motion by Marc Le Blanc, Sht Mtl Wrks Nat Pen, Carl Moore to Strike [296-1] Briefs for Summary Judgment (psid)
|
|
|
|
|
|
| 311 |
Filed: 5/1/1996, Entered: 5/1/1996 |
Memorandum in Opposition |
|
MEMORANDUM by Charles E. Underbrink in opposition to [299-1] objection by counter-defendants by plaintiff, counter-defendants, plaintiff, counter-defendants, plaintiff, counter-defendants, plaintiff, counter-defendants, plaintiff, counter-defendants, plaintiff, counter-defendants, plaintiff, counter-defendants, plaintiff, counter-defendant, plaintiff (clerk)
|
|
|
|
|
|
| 310 |
Filed: 5/1/1996, Entered: 5/1/1996 |
Memorandum in Opposition |
|
MEMORANDUM by Kenneth M. Cahill, Lawrence A. Cahill, Larken, Inc., Larken Properties, I in opposition to [299-1] objection by counter-defendants by plaintiff, counter-defendants, plaintiff, counter-defendants, plaintiff, counter-defendants, plaintiff, counter-defendants, plaintiff, counter-defendants, plaintiff, counter-defendants, plaintiff, counter-defendants, plaintiff, counter-defendant, plaintiff (clerk)
|
|
|
|
|
|
| 309 |
Filed: 5/1/1996, Entered: 5/1/1996 |
Memorandum in Opposition |
|
MEMORANDUM by James W. Beck in opposition to [299-1] objection by counter-defendants by plaintiff, counter-defendants, plaintiff, counter-defendants, plaintiff, counter-defendants, plaintiff, counter-defendants, plaintiff, counter-defendants, plaintiff, counter-defendants, plaintiff, counter-defendants, plaintiff, counter-defendant, plaintiff (clerk)
|
|
|
|
|
|
| 308 |
Filed: 4/30/1996, Entered: 4/30/1996 |
Transcript |
|
TRANSCRIPT proceeding for dates of 4/25/96 (WSC) (psid)
|
|
|
|
|
|
| 304 |
Filed: 4/30/1996, Entered: 4/30/1996 |
Notice |
|
NOTICE of Motion by Sht Mtl Wrks Nat Pen, John D. Harrington, Marc Le Blanc (requesting an emergency hearing on pltfs motion to strike) (psid)
|
|
|
|
|
|
| 303 |
Filed: 4/30/1996, Entered: 4/30/1996 |
Memorandum in Support |
|
BRIEF by pltfs in support of [302-1] emergency motion by Marc Le Blanc, Sht Mtl Wrks Nat Pen, Carl Moore to Strike [296-1] Briefs for Summary Judgment by James W. Beck (psid)
|
|
|
|
|
|
| 302 |
Filed: 4/30/1996, Entered: 4/30/1996, Terminated: 5/2/1996 |
Motion to Strike |
|
EMERGENCY MOTION by Marc Le Blanc, Sht Mtl Wrks Nat Pen, Carl Moore to Strike [296-1] Briefs for Summary Judgment by James W. Beck (psid)
|
|
|
|
|
|
| 301 |
Filed: 4/29/1996, Entered: 4/30/1996 |
Notice of Hearing. |
|
NOTICE of Hearing: Motion Hearing for objections and motion for reconsideration of order of 4/25/96 (clerk)
|
|
|
|
|
|
| 300 |
Filed: 4/29/1996, Entered: 4/30/1996 |
Memorandum in Support |
|
MEMORANDUM by Carl Moore, Sht Mtl Wrks Nat Pen, John D. Harrington, Arthur Moore, Alan J. Chermak, Matthew B. Hernandez Jr., Clinton O. Gowan Jr., Ronald Palmerick, Bruce Stockwell in support of [299-1] objection by counter-defendants by plaintiff, counter-defendants, plaintiff, counter-defendants, plaintiff, counter-defendants, plaintiff, counter-defendants, plaintiff, counter-defendants, plaintiff, counter-defendants, plaintiff, counter-defendants, plaintiff, counter-defendant, plaintiff (clerk)
|
|
|
|
|
|
| 299 |
Filed: 4/29/1996, Entered: 4/30/1996 |
Objection |
|
OBJECTION by plaintiff Carl Moore, plaintiff Sht Mtl Wrks Nat Pen, plaintiff John D. Harrington, plaintiff Arthur Moore, plaintiff Alan J. Chermak, plaintiff Matthew B. Hernandez Jr., plaintiff Clinton O. Gowan Jr., plaintiff Ronald Palmerick, plaintiff Bruce Stockwell to [293-1] order and motion for reconsideration (clerk)
|
|
|
|
|
|
| 298 |
Filed: 4/29/1996, Entered: 4/29/1996 |
Docket Annotation |
|
Deft. Beck's brief regarding choice of law issues (clerk)
|
|
|
|
|
|
| 307 |
Filed: 4/26/1996, Entered: 4/30/1996 |
Notice of Hearing. |
|
NOTICE of Hearing: Motion Hearing set for 10:00 5/10/96 for [305-1] motion (clerk)
|
|
|
|
|
|
| 306 |
Filed: 4/26/1996, Entered: 4/30/1996 |
Memorandum in Support |
|
MEMORANDUM in support of [305-1] motion (clerk)
|
|
|
|
|
|
| 305 |
Filed: 4/26/1996, Entered: 4/30/1996 |
Motion to Intervene |
|
National Union Fire INs. Co. of Pittsburgh motion to intervene as real party in interestand necessary party (clerk) Modified on 04/30/1996
|
|
|
|
|
|
| 297 |
Filed: 4/26/1996, Entered: 4/29/1996 |
Notice of Hearing. |
|
NOTICE of Hearing: Motion Hearing set for 10:00 5/10/96 for [295-1] motion by James W. Beck for Summary Judgment (clerk)
|
|
|
|
|
|
| 296 |
Filed: 4/26/1996, Entered: 4/29/1996 |
Memorandum in Support |
|
MEMORANDUM by James W. Beck in support of [295-1] motion by James W. Beck for Summary Judgment by James W. Beck with 2 black notebooks of exhibits on exh. row (clerk)
|
|
|
|
|
|
| 295 |
Filed: 4/26/1996, Entered: 4/29/1996 |
Motion for Summary Judgment |
|
MOTION by James W. Beck for Summary Judgment (clerk)
|
|
|
|
|
|
| 293 |
Filed: 4/25/1996, Entered: 4/25/1996 |
Order |
|
ORDER Plaintiffs Motion for leave to depose Derrick Rackham is denied (Magistrate Judge W. C Sewell). Copies Mailed: 04/25/96 (nbla)
|
|
|
|
|
|
| -- |
Filed: 4/25/1996, Entered: 4/25/1996 |
Minutes-Miscellaneous |
|
Minute entry: Judge Sewell. Reporter: Rudiger and Green (susan Green.) Appearances: Of counsel. Motion for leave to take the deposition of Derrick Rackham de bene esse is denied. (nbla)
|
|
|
|
|
|
| 292 |
Filed: 4/24/1996, Entered: 4/25/1996 |
Notice of Hearing. |
|
NOTICE of Hearing: Motion Hearing set for 10:00 5/10/96 for [289-1] motion by Charles E. Underbrink for Summary Judgment (clerk)
|
|
|
|
|
|
| 291 |
Filed: 4/24/1996, Entered: 4/25/1996 |
Affidavit |
|
AFFIDAVIT of Thomas W. Pahl Re: [289-1] motion by Charles E. Underbrink for Summary Judgment by Charles E. Underbrink with exhibits (clerk)
|
|
|
|
|
|
| 290 |
Filed: 4/24/1996, Entered: 4/25/1996 |
Memorandum in Support |
|
MEMORANDUM by Charles E. Underbrink in support of [289-1] motion by Charles E. Underbrink for Summary Judgment by Charles E. Underbrink with affidavit of Charles Underbrink (clerk)
|
|
|
|
|
|
| 289 |
Filed: 4/24/1996, Entered: 4/25/1996 |
Motion for Summary Judgment |
|
MOTION by Charles E. Underbrink for Summary Judgment (clerk)
|
|
|
|
|
|
| 288 |
Filed: 4/24/1996, Entered: 4/24/1996 |
Memorandum in Opposition |
|
MEMORANDUM by Charles E. Underbrink in opposition to [280-1] motion by pltfs. for leave to take a deposition de bene esse of Derrick Rackham (clerk)
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|
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|
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| 287 |
Filed: 4/24/1996, Entered: 4/24/1996 |
Memorandum in Opposition |
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MEMORANDUM by Lawrence A. Cahill, Kenneth M. Cahill, Larken, Inc., Larken Properties, I in opposition to [280-1] motion by pltfs. for leave to take a deposition de bene esse of Derrick Rackham (clerk)
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| 286 |
Filed: 4/24/1996, Entered: 4/24/1996 |
Transcript |
|
TRANSCRIPT proceedings for dates of 3/15/96 (TRJ) (psid)
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|
|
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| 285 |
Filed: 4/24/1996, Entered: 4/24/1996 |
Memorandum in Opposition |
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MEMORANDUM by James W. Beck in opposition to [280-1] motion by pltfs. for leave to take a deposition de bene esse of Derrick Rackham (clerk)
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| 284 |
Filed: 4/23/1996, Entered: 4/23/1996 |
Order |
|
AGREED ORDER that pltfs' claims against deft Edward I. Williams are hereby dismissed with prejudice with each party to bear their own costs. It is further ORDERED, that the claims of deft Williams against pltfs are dismissed with prejudice and Edward I. Willaims is dismissed as a party to this action. ent-filed ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (psid)
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| -- |
Filed: 4/23/1996, Entered: 4/24/1996 |
Set/Reset Deadlines: |
|
Deadline updated; Motion Hearing set for 10:00 4/25/96 for [280-1] motion by pltfs. for leave to take a deposition de bene esse of Derrick Rackham (clerk)
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| 282 |
Filed: 4/22/1996, Entered: 4/23/1996 |
Notice of Hearing. |
|
NOTICE of Hearing: Motion Hearing set for 10:00 4/26/96 for [280-1] motion by pltfs. for leave to take a deposition de bene esse of Derrick Rackham (renotice) (clerk)
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|
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| 281 |
Filed: 4/22/1996, Entered: 4/23/1996 |
Memorandum in Support |
|
MEMORANDUM in support of [280-1] motion by pltfs. for leave to take a deposition de bene esse of Derrick Rackham (clerk)
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|
|
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| 280 |
Filed: 4/22/1996, Entered: 4/23/1996 |
Motion for Miscellaneous Relief |
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MOTION by pltfs. for leave to take a deposition de bene esse of Derrick Rackham (clerk)
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| 283 |
Filed: 4/19/1996, Entered: 4/23/1996 |
Order |
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ORDER denying [239-1] motion by pltfs. to compel Lawrence Cahill, Kenneth Cahill, Larken, Inc. and Larken Properties to produce a privilege log that complies with FED.R.CIV.P. 26 to produce nonprivileged documents, etc. The Court will retain the Larken defts' documents submitted in camera for 10 days following the entry of this order. Upon expiration of the ten days and if no appeal is filed, counsel for the Larken defts is directed to contact chambers to arrange picking up the documents. ent-filed ( signed by Magistrate Judge Barry R. Poretz ) Copies Mailed: yes (psid)
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| 279 |
Filed: 4/19/1996, Entered: 4/22/1996 |
Order |
|
ORDER denying [261-1] motion by Larken Properties, I, Larken, Inc., Kenneth M. Cahill, Lawrence A. Cahill to exclude pltfs' revised and supplemental expert reports submitted six days prior to pretrial conference ( signed by Magistrate Judge Thomas R. Jones Jr. ) Copies Mailed: y (dana)
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| -- |
Filed: 4/19/1996, Entered: 4/22/1996 |
Minutes-Miscellaneous |
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Minute entry: Mag. Judge Jones. Rpt: Rudiger and Green. Appearanc of counsel. Matter heard and deft's motion to strike supplemental expert reports: argued and Denied. Order to be entered. (dana)
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| 294 |
Filed: 4/18/1996, Entered: 4/28/1996 |
Memorandum in Support |
|
REPLY breif of Lawrence A. Cahill, Kenneth M. Cahill, Larken, Inc., Larken Properties in further support of [261-1] motion to exclude pltfs' revised and supplemental expert reports submitted six days prior to pretrial conference (clerk)
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| 278 |
Filed: 4/18/1996, Entered: 4/19/1996 |
Witness List |
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Witness list by Charles E. Underbrink (deft's pretrial disclosure) (psid)
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|
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| 278 |
Filed: 4/18/1996, Entered: 4/19/1996 |
Exhibit |
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Exhibit list by Charles E. Underbrink (deft's pretrial disclosure) (psid)
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|
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| 277 |
Filed: 4/18/1996, Entered: 5/2/1996 |
Exhibit |
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Exhibit list by James W. Beck (Deft Beck's pretrial disclosure) (psid)
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|
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| 277 |
Filed: 4/18/1996, Entered: 4/19/1996 |
Witness List |
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Witness list by James W. Beck (Deft Beck's Pretrial Disclosure) (psid)
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|
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| 276 |
Filed: 4/18/1996, Entered: 4/19/1996 |
Witness List |
|
Witness list by June M. Carlough (psid)
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| 275 |
Filed: 4/18/1996, Entered: 4/19/1996 |
Exhibit |
|
Exhibit list by June M. Carlough (psid)
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|
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| 274 |
Filed: 4/18/1996, Entered: 4/19/1996 |
Witness List |
|
Witness list by Lawrence A. Cahill, Kenneth M. Cahill, Larken, Inc., Larken Properties, I (psid)
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|
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| 273 |
Filed: 4/18/1996, Entered: 4/19/1996 |
Exhibit |
|
Exhibit list by Lawrence A. Cahill, Kenneth M. Cahill, Larken, Inc., Larken Properties, I (psid)
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|
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| 272 |
Filed: 4/18/1996, Entered: 4/19/1996 |
Witness List |
|
Witness list by Sht Mtl Wrks Nat Pen, John D. Harrington, Arthur Moore, Marc Le Blanc (psid)
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|
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| 271 |
Filed: 4/18/1996, Entered: 4/19/1996 |
Exhibit |
|
Exhibit list by Counterclaim defts, Sht Mtl Wrks Nat Pen, John D. Harrington, Arthur Moore, Marc Le Blanc (psid)
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|
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| 270 |
Filed: 4/18/1996, Entered: 4/19/1996 |
Exhibit |
|
Exhibit list by Sht Mtl Wrks Nat Pen, John D. Harrington, Arthur Moore, Marc Le Blanc (psid)
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| -- |
Filed: 4/18/1996, Entered: 4/19/1996 |
Set/Reset Deadlines: |
|
Deadline updated; set Trial by COURT date for 10:00 6/10/96 (psid)
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| -- |
Filed: 4/18/1996, Entered: 4/18/1996 |
Pretrial Conference - Final |
|
Pre-Trial Conference held (AVB) Appearances: Counsel, Case set for trial by COURT on 6/10/96. (Jury waived) Pltf's exhibits filed (2 white boxes of 12 binders and 3 LARGE bound volumes in civil pending exhibit room) Larken Defts exhibits filed (5 boxes of 32 binders in pending civil exhibit room) Deft June Carlough's exhibits filed (2 boxes of 4 black binders in pending exhibit room & 1 LARGE black binder (Vol I.) on exhibit row) Deft Beck's exhibits filed (1 white binder on exhibit row), Deft Underbrink's exhibits filed (1 loosly bound volume with deft Beck's exhibits on exhibit row), Objections to be filed within 10 days. (psid)
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| 269 |
Filed: 4/17/1996, Entered: 4/18/1996 |
Order |
|
ORDER granting in part, denying in part [264-1] motion by John D. Harrington for Default Judgment against Gordon Jones, Cavet Snyder. ORDERED that a default judgment on the issue of liability only be and is entered against defts Cavet Snyder and the Estate of Gordon Jones. The actual amt of the judgment will be determined at the trial of the remaining defts or in any settlement between the pltf and all the defts. If such a trial is held, the fact that a default judgment has been entered against these two defts may not be used to prove the liability of any remaining deft. ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (psid)
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| 268 |
Filed: 4/17/1996, Entered: 4/17/1996 |
Memorandum in Opposition |
|
MEMORANDUM by Carl Moore, Sht Mtl Wrks Nat Pen, John D. Harrington, Arthur Moore, Alan J. Chermak, Matthew B. Hernandez Jr., Clinton O. Gowan Jr., Ronald Palmerick, Bruce Stockwell in opposition to [261-1] motion by Larken Properties, I, Larken, Inc., Kenneth M. Cahill, Lawrence A. Cahill to exclude pltfs' revised and supplemental expert reports submitted six days prior to pretrial conference by Larken Properties, I, Larken, Inc., Kenneth M. Cahill, Lawrence A. Cahill (clerk)
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|
|
|
|
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| 267 |
Filed: 4/17/1996, Entered: 4/17/1996 |
Memorandum in Opposition |
|
MEMORANDUM by Lawrence A. Cahill, Kenneth M. Cahill, Larken, Inc., Larken Properties, I in opposition to [264-1] motion by John D. Harrington for Default Judgment against Gordon Jones, Cavet Snyder by John D. Harrington (clerk)
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|
|
|
|
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| 266 |
Filed: 4/15/1996, Entered: 4/16/1996 |
Notice of Hearing. |
|
NOTICE of Hearing: Motion Hearing set for 10:00 4/19/96 for [264-1] motion by John D. Harrington for Default Judgment against Gordon Jones, Cavet Snyder (clerk)
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|
|
|
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| 265 |
Filed: 4/15/1996, Entered: 4/16/1996 |
Memorandum in Support |
|
MEMORANDUM by John D. Harrington in support of [264-1] motion by John D. Harrington for Default Judgment against Gordon Jones, Cavet Snyder by John D. Harrington (clerk)
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|
|
|
|
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| 264 |
Filed: 4/15/1996, Entered: 4/16/1996, Terminated: 4/17/1996 |
Motion for Default Judgment |
|
MOTION by John D. Harrington for Default Judgment against Gordon Jones, Cavet Snyder (clerk)
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|
|
|
|
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| 263 |
Filed: 4/15/1996, Entered: 4/16/1996 |
Notice of Hearing. |
|
NOTICE of Hearing: Motion Hearing set for Tuesday 10:00 4/16/96 for [261-1] motion by Larken Properties, I, Larken, Inc., Kenneth M. Cahill, Lawrence A. Cahill to exclude pltfs' revised and supplemental expert reports submitted six days prior to pretrial conference (psid)
|
|
|
|
|
|
| 262 |
Filed: 4/15/1996, Entered: 4/16/1996 |
Memorandum in Support |
|
MEMORANDUM by Lawrence A. Cahill, Kenneth M. Cahill, Larken, Inc., Larken Properties, I in support of [261-1] motion to exclude pltfs' revised and supplemental expert reports submitted six days prior to pretrial conference (psid)
|
|
|
|
|
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| 261 |
Filed: 4/15/1996, Entered: 4/16/1996, Terminated: 4/19/1996 |
Motion for Miscellaneous Relief |
|
EMERGENCY MOTION by Larken Properties, I, Larken, Inc., Kenneth M. Cahill, Lawrence A. Cahill to exclude pltfs' revised and supplemental expert reports submitted six days prior to pretrial conference (psid)
|
|
|
|
|
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| 260 |
Filed: 4/12/1996, Entered: 4/12/1996, Terminated: 5/31/1996 |
Response to Discovery |
|
RESPONSE by June M. Carlough to Discovery Re: Larken defts' requests for production of documents (psid)
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|
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|
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| 259 |
Filed: 4/2/1996, Entered: 4/4/1996 |
Notice |
|
RE-NOTICE by Lawrence A. Cahill, Kenneth M. Cahill, Larken, Inc., Larken Properties, I to take deposition of Edward Willimas (psid)
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|
|
|
|
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| 258 |
Filed: 4/2/1996, Entered: 4/4/1996 |
Notice |
|
RE-NOTICE by Lawrence A. Cahill, Kenneth M. Cahill, Larken, Inc., Larken Properties, I to take deposition of Arthur Anderson & Company (psid)
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|
|
|
|
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| 257 |
Filed: 4/2/1996, Entered: 4/4/1996 |
Notice |
|
RENOTICE by Lawrence A. Cahill, Kenneth M. Cahill, Larken, Inc., Larken Properties, I to take deposition of David Geronemus (psid) Modified on 04/04/1996
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|
|
|
|
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| 256 |
Filed: 4/2/1996, Entered: 4/4/1996 |
Notice |
|
AMENDED NOTICE by Lawrence A. Cahill, Kenneth M. Cahill, Larken, Inc., Larken Properties, I to take deposition of Sheet Metal Workers National Pension Fund (psid) Modified on 04/04/1996
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|
|
|
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| 255 |
Filed: 4/2/1996, Entered: 4/4/1996 |
Notice |
|
NOTICE by Lawrence A. Cahill, Kenneth M. Cahill, Larken, Inc., Larken Properties, I to take deposition of Alpern Rosenthal & Company (psid)
|
|
|
|
|
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| 254 |
Filed: 4/2/1996, Entered: 4/4/1996 |
Notice |
|
NOTICE by Lawrence A. Cahill, Kenneth M. Cahill, Larken, Inc., Larken Properties, I to take deposition of Oakleigh Thorne and Thorne Consultants (psid)
|
|
|
|
|
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| 253 |
Filed: 4/2/1996, Entered: 4/4/1996 |
Notice |
|
NOTICE by Lawrence A. Cahill, Kenneth M. Cahill, Larken, Inc., Larken Properties, I to take deposition of Rick Mandrell (psid)
|
|
|
|
|
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| 252 |
Filed: 4/2/1996, Entered: 4/4/1996 |
Notice |
|
NOTICE by Lawrence A. Cahill, Kenneth M. Cahill, Larken, Inc., Larken Properties, I to take deposition of Sheet Metal Workers' National Pension Fund (psid)
|
|
|
|
|
|
| 251 |
Filed: 4/2/1996, Entered: 4/4/1996 |
Order |
|
AGREED ORDER that pltfs' claims against defts Thorne and Thorne Consultants are dismissed with prejudice with each party to bear their own costs. The claims of defts Thorne and Thorne Consultents against pltfs are dismissed with prejudice with each party to bear their own costs, and those defts are dismissed as parties to this action. ent-filed ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (psid)
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|
|
|
|
| 249 |
Filed: 3/29/1996, Entered: 4/2/1996 |
Order |
|
ORDERED that the Motion of Defendant Lawrence A. Cahill, Kenneth M. Cahill, Larken, Inc. and Larken Properties, Inc. to compel Plaintiff to Produce Requested Documents and to Respond to Written Discovery is Granted. ORDERED that the Motion of Defendants Lawrence A Cahill, Kenneth M. Cahill, Larken, Inc. and Larken Properties, Inc. to Compel SMWNPF Holdings to Produce Documents pursuant to Subpoena is Granted. Plaintiffs' Motion to Compel Lawence Cahill, Kenneth M. Cahill, Larken, Inc. and Larken Properties, Inc. to Produce a Privilege Log that Complies with Fed.R.Civ.P. 26 to Produce Nonprivilege Documents and to Produce Redacted Copies of Certain Specified Documents is taken under advisement (Barry R. Poretz United States Magistrate Judge) - entered and filed. Copies sent. (jsch)
|
|
|
|
|
|
| -- |
Filed: 3/29/1996, Entered: 4/1/1996 |
Minutes-Miscellaneous |
|
Minute entry: Magistrate Judge Poretz. Reporter: Rudiger & Green. Appearances: Counsel for Pltf. & Deft. This matter came on for Deft's. Motion to Compel Production of Documents and to Respond to Written Discovery - Matter Argued and Granted. Deft's. Motion to Compel to Produce Documents pursuant to Subpoena - Matter argued and Granted and Pltf's Motion to Compel - Matter argued and taken under advisedment. Order to be entered. (jsch)
|
|
|
|
|
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| 250 |
Filed: 3/28/1996, Entered: 4/2/1996 |
Reply to Response to Motion |
|
REPLY by Lawrence A. Cahill, Kenneth M. Cahill, Larken, Inc., Larken Properties, I to response to [235-1] motion by Larken Properties, I, Larken, Inc., Kenneth M. Cahill, Lawrence A. Cahill to Compel SMWNPF Holdings, Inc. to produce documents pursuant to Subpoena by Larken Properties, I, Larken, Inc., Kenneth M. Cahill, Lawrence A. Cahill (clerk)
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|
|
|
|
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| 248 |
Filed: 3/28/1996, Entered: 3/28/1996 |
Reply to Response to Motion |
|
REPLY by Carl Moore, Sht Mtl Wrks Nat Pen, John D. Harrington, Arthur Moore, Alan J. Chermak, Matthew B. Hernandez Jr., Clinton O. Gowan Jr., Ronald Palmerick, Bruce Stockwell to response to [239-1] motion by pltfs. to compel Lawrence Cahill, Kenneth Cahill, Larken, Inc. and Larken Properties to produce a privilege log that complies with FED.R.CIV.P. 26 to produce nonprivileged documents, etc. (clerk)
|
|
|
|
|
|
| 247 |
Filed: 3/27/1996, Entered: 3/27/1996 |
Memorandum in Opposition |
|
MEMORANDUM by Carl Moore, Sht Mtl Wrks Nat Pen, John D. Harrington, Arthur Moore, Alan J. Chermak, Matthew B. Hernandez Jr., Clinton O. Gowan Jr., Ronald Palmerick in opposition to [235-1] motion by Larken Properties, I, Larken, Inc., Kenneth M. Cahill, Lawrence A. Cahill to Compel SMWNPF Holdings, Inc. to produce documents pursuant to Subpoena by Larken Properties, I, Larken, Inc., Kenneth M. Cahill, Lawrence A. Cahill with declaration of L. Pat Wynns (clerk)
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|
|
|
|
|
| 246 |
Filed: 3/27/1996, Entered: 3/27/1996 |
Memorandum in Opposition |
|
MEMORANDUM by Lawrence A. Cahill, Kenneth M. Cahill, Larken, Inc., Larken Properties, I in opposition to pltfs' motion to compel the production of privileged documents (clerk)
|
|
|
|
|
|
| 245 |
Filed: 3/27/1996, Entered: 3/27/1996 |
Order |
|
STIPULATION AND PROTECTIVE ORDER governing confidential documents and information. (See Order for details) ent-filed ( signed by Magistrate Judge Barry R. Poretz ) Copies Mailed: yes (psid)
|
|
|
|
|
|
| 241 |
Filed: 3/25/1996, Entered: 3/25/1996 |
Notice of Hearing. |
|
NOTICE of Hearing: Motion Hearing set for 10:00 3/29/96 for [239-1] motion by pltfs. to compel Lawrence Cahill, Kenneth Cahill, Larken, Inc. and Larken Properties to produce a privilege log that complies with FED.R.CIV.P. 26 to produce nonprivileged documents, etc. (clerk)
|
|
|
|
|
|
| 240 |
Filed: 3/25/1996, Entered: 3/25/1996 |
Memorandum in Support |
|
MEMORANDUM in support of [239-1] motion by pltfs. to compel Lawrence Cahill, Kenneth Cahill, Larken, Inc. and Larken Properties to produce a privilege log that complies with FED.R.CIV.P. 26 to produce nonprivileged documents, etc. (clerk)
|
|
|
|
|
|
| 239 |
Filed: 3/25/1996, Entered: 3/25/1996, Terminated: 4/19/1996 |
Motion for Miscellaneous Relief |
|
MOTION by pltfs. to compel Lawrence Cahill, Kenneth Cahill, Larken, Inc. and Larken Properties to produce a privilege log that complies with FED.R.CIV.P. 26 to produce nonprivileged documents, etc. (clerk)
|
|
|
|
|
|
| 244 |
Filed: 3/22/1996, Entered: 3/25/1996 |
Notice |
|
NOTICE of Filing of Expert Reports by Lawrence A. Cahill, Kenneth M. Cahill, Larken, Inc., Larken Properties, I (psid)
|
|
|
|
|
|
| 243 |
Filed: 3/22/1996, Entered: 3/25/1996 |
Docket Annotation |
|
EXPERT Witness Report - filed by deft June M. Carlough (psid)
|
|
|
|
|
|
| 242 |
Filed: 3/22/1996, Entered: 3/25/1996 |
Docket Annotation |
|
EXPERT Witness Report of Gregory D. Curtis - filed by deft Edward I. Williams (psid)
|
|
|
|
|
|
| 238 |
Filed: 3/21/1996, Entered: 3/21/1996 |
Notice of Hearing. |
|
NOTICE of Hearing: Motion Hearing set for 10:00 3/29/96 for [234-1] motion by Larken Properties, I, Larken, Inc., Kenneth M. Cahill, Lawrence A. Cahill to Compel pltfs to produce requested documents and to respond to written discovery (psid)
|
|
|
|
|
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| 237 |
Filed: 3/21/1996, Entered: 3/21/1996 |
Notice of Hearing. |
|
NOTICE of Hearing: Motion Hearing set for 10:00 3/29/96 for [235-1] motion by Larken Properties, I, Larken, Inc., Kenneth M. Cahill, Lawrence A. Cahill to Compel SMWNPF Holdings, Inc. to produce documents pursuant to Subpoena (psid)
|
|
|
|
|
|
| 236 |
Filed: 3/21/1996, Entered: 3/21/1996 |
Memorandum in Support |
|
MEMORANDUM in support of [235-1] motion by Larken Properties, I, Larken, Inc., Kenneth M. Cahill, Lawrence A. Cahill to Compel SMWNPF Holdings, Inc. to produce documents pursuant to Subpoena, and [234-1] motion to Compel pltfs to produce requested documents and to respond to written discovery (psid)
|
|
|
|
|
|
| 235 |
Filed: 3/21/1996, Entered: 3/21/1996, Terminated: 3/29/1996 |
Motion to Compel |
|
MOTION by Larken Properties, I, Larken, Inc., Kenneth M. Cahill, Lawrence A. Cahill to Compel SMWNPF Holdings, Inc. to produce documents pursuant to Subpoena (psid)
|
|
|
|
|
|
| 234 |
Filed: 3/21/1996, Entered: 3/21/1996, Terminated: 3/29/1996 |
Motion to Compel |
|
MOTION by Larken Properties, I, Larken, Inc., Kenneth M. Cahill, Lawrence A. Cahill to Compel pltfs to produce requested documents and to respond to written discovery (psid)
|
|
|
|
|
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| 233 |
Filed: 3/19/1996, Entered: 3/20/1996 |
Order |
|
AGREED ORDER That Brian Darville is granted leave to withdraw his appearance in the above styled matter. ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (psid)
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| 232 |
Filed: 3/19/1996, Entered: 3/20/1996 |
Order |
|
STIPULATION AND CONSENT ORDER re: expert disclosures. The deft, Cavet Snyder, shall have up to and inclding 3/25/96 in which to provide the expert disclosures required by F.R.C.P. 26(a)(2), Pltfs shall have up to and including 3/28/96 in whcih to provide any evidence that is solely contradictory to deft Snyder's disclosure. ent-filed ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (psid) Modified on 03/20/1996
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| 228 |
Filed: 3/19/1996, Entered: 3/19/1996 |
Notice of Hearing. |
|
NOTICE of Hearing: Motion Hearing set for 10:00 3/22/96 for [227-1] motion by Larken Properties, I, Lawrence A. Cahill for Leave to File motions out of time (clerk)
|
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|
|
|
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| 227 |
Filed: 3/19/1996, Entered: 3/19/1996, Terminated: 3/29/1996 |
Motion for Leave to File |
|
MOTION by Larken Properties, I, Lawrence A. Cahill for Leave to File motions out of time (clerk)
|
|
|
|
|
|
| 226 |
Filed: 3/19/1996, Entered: 3/19/1996 |
Memorandum in Support |
|
MEMORANDUM by Carl Moore, Kenneth M. Cahill, Charles E. Underbrink, Larken, Inc. in support of [224-1] motion by Larken Properties, I, Larken, Inc., Kenneth M. Cahill, Lawrence A. Cahill to Compel SMWNPF Holdings to produce documents pursuant to subpoena by Larken Properties, I, Larken, Inc., Kenneth M. Cahill, Lawrence A. Cahill, [222-1] motion by Larken Properties, I, Larken, Inc., Kenneth M. Cahill, Lawrence A. Cahill to Compel pltfs. to produce requested documents and to respond to written discovery by Larken Properties, I, Larken, Inc., Kenneth M. Cahill, Lawrence A. Cahill (clerk)
|
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|
|
|
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| 225 |
Filed: 3/19/1996, Entered: 3/19/1996 |
Notice of Hearing. |
|
NOTICE of Hearing: Motion Hearing set for 10:00 3/22/96 for [224-1] motion by Larken Properties, I, Larken, Inc., Kenneth M. Cahill, Lawrence A. Cahill to Compel SMWNPF Holdings to produce documents pursuant to subpoena (filed late) (clerk)
|
|
|
|
|
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| 224 |
Filed: 3/19/1996, Entered: 3/19/1996, Terminated: 3/29/1996 |
Motion to Compel |
|
MOTION by Larken Properties, I, Larken, Inc., Kenneth M. Cahill, Lawrence A. Cahill to Compel SMWNPF Holdings to produce documents pursuant to subpoena (clerk)
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