Wegesend v. Matson Navigation, et al
Federal Civil Lawsuit Hawaii District Court, Case No. 1:01-cv-00001-SOM-BMK
District Judge SUSAN OKI MOLLWAY, presiding

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No Logo Warren R Wegesend, Sr., Plaintiff

Toggle Switch Represented by Haseko Center

Name Phone Fax E-Mail
Space Jay L. Friedheim +1 808 545 5454 +1 808 528 1818 jlf@pixi.com
v.
No Logo Doe Associates 1-20, Defendant
No Logo Doe Corporations 1-20, Defendant
No Logo Doe Governmental Agencies 1-20, Defendant
No Logo Doe Partnerships 1-20, Defendant
No Logo Entities 1-20, Other, Defendant
No Logo John Does 1-20, Defendant
No Logo Mary Does 1-20, Defendant
No Logo Matson Navigation Company, Inc., Defendant

Toggle Switch Represented by Unknown Firm

Name Phone Fax E-Mail
Space John R. Lacy +5475 547 547 5600
No Logo R.J. Pfeiffer, O.N. 979814, In Rem, Defendant
Office Hawaii
Filed 1/1/2001
Jury Demand Plaintiff
Demand $0
Nature of Suit 340 - Personal Injury: Marine
Cause Longshoremen's and Harbor Workers' Compensation Act
Jurisdiction Federal Question
Disposition Dismissed - Settled
County Honolulu
Terminated 9/9/2002
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flag TERMED
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Blank 75 Filed: 9/9/2002, Entered: 9/9/2002 Judgment*
JUDGMENT IN A CIVIL CASE by WALTER A.Y.H. CHINN, Clerk/A.F. Chang, Deputy Clerk - IT IS ORDERED AND ADJUDGED that the Action is DISMISSED WITH PREJUDICE. terminating case (cc: all counsel) (afc)
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    Blank 74 Filed: 9/4/2002, Entered: 9/8/2002 OrderCourt Filing
    ORDER OF DISMISSAL by Judge Susan Oki Mollway - [action is dismissed with prejudice, each party to bear its own costs and attorneys' fees. court retains jurisdiction to reopen the proceeding, upon good cause shown, if the settlement conditions have not been satisfied timely.] (cc: all counsel) (afc)
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      Blank 73 Filed: 9/4/2002, Entered: 9/8/2002 Minutes-MiscellaneousCourt Filing
      EP: Settlement Placed on the Record - court to prepare Order of Dismissal With Prejudice. All dates vacated. cc: Kim Murakami, SOM (Ct Rptr: C6 tape 1283) JUDGE Mag Judge Barry M. Kurren (afc)
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        Blank 72 Filed: 9/3/2002, Entered: 9/8/2002 Minutes-MiscellaneousCourt Filing
        EP: Further Settlement Conference - case settled. Settlement on the Record set for 9-4-02 @ 11:15 a.m., BMK (Ct Rptr: Chambers) JUDGE Mag Judge Barry M. Kurren (afc)
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          Blank 71 Filed: 8/19/2002, Entered: 8/21/2002 Minutes-MiscellaneousCourt Filing
          EO :Further Settlement Conference set for 08/20/2002 at 2 p.m. is moved to 3:30 p.m. the same day before BMK. Notified: Jay Friedheim, John Lacy further settlement conference set for 3:30 8/20/02 before Mag Judge Barry M. Kurren ( Ct Rptr : ) JUDGE Mag Judge Barry M. Kurren (fe)
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            Blank 70 Filed: 8/6/2002, Entered: 8/7/2002 Minutes-MiscellaneousCourt Filing
            EO :Further Settlement Conference set for 09/03/2002 02:00:00 PM, BMK. Laverne from Lacy's office to notify parties. settlement conference set for 2:00 9/3/02 before Mag Judge Barry M. Kurren ( Ct Rptr : ) JUDGE Mag Judge Barry M. Kurren (fe)
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              Blank 69 Filed: 7/12/2002, Entered: 7/16/2002 Minutes-MiscellaneousCourt Filing
              EO :Further Settlement Conference set for 08/20/2002 02:00:00 PM, BMK. Laverne from Lacy's office to notify parties. settlement conference set for 2:00 8/20/02 before Mag Judge Barry M. Kurren ( Ct Rptr : ) JUDGE Mag Judge Barry M. Kurren (fe)
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                Blank 68 Filed: 5/16/2002, Entered: 5/17/2002 Stipulation and OrderCourt Filing
                STIPULATION to continue trial date and extend discovery deadlines and ORDER by Judge Susan O. Mollway : ; Trial set for 9:00 11/5/02 before Judge Susan O. Mollway , ; final pretrial conference set for 9:30 9/23/02 before Mag Judge Barry M. Kurren ; on behalf of deft (eps)
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                  Blank 67 Filed: 4/30/2002, Entered: 5/1/2002 OrderCourt Filing
                  Discovery ORDER No. 2 by Mag Judge Barry M. Kurren re [66-1] - on behalf of deft Matson Navigation Co., Inc. (fe)
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                    Blank 66 Filed: 4/30/2002, Entered: 5/1/2002 OrderCourt Filing
                    Discovery ORDER by Mag Judge Barry M. Kurren re [63-2] - on behalf of deft Matson Navigation Co., Inc. (fe)
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                      Blank 65 Filed: 4/30/2002, Entered: 4/30/2002 Minutes-MiscellaneousCourt Filing
                      EP :Final PreTrial Conference set for April 30, 2002 is hereby continued to May 07, 2002 @9:30 a.m. before Judge Kurren. Atty. Jay Friedheim's Secretary to notify all Counsel of this Continuance. ( Ct Rptr : ) JUDGE Mag Judge Barry M. Kurren (fe)
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                        Blank 64 Filed: 4/25/2002, Entered: 4/26/2002 Certificate Of Service.
                        CERTIFICATE of service by defendant Matson Navigation (fe)
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                          Blank 62 Filed: 4/25/2002, Entered: 4/25/2002 Certificate Of Service.
                          CERTIFICATE of service by plaintiff (afc)
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                            Blank 61 Filed: 4/25/2002, Entered: 4/25/2002 Certificate Of Service.
                            CERTIFICATE of service by plaintiff (afc)
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                              Blank 60 Filed: 4/25/2002, Entered: 4/25/2002 Certificate Of Service.
                              CERTIFICATE of service by plaintiff (afc)
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                                Blank 63 Filed: 4/24/2002, Entered: 4/25/2002 Minutes-MiscellaneousCourt Filing
                                EP: Status Conference Re Deadlines and Discovery - Re vessel inspection - Expert Smith allowed on vessel for inspection, but cannot remove anything. May see location of the locks. Lacy to prepare order. () JUDGE Mag Judge Barry M. Kurren (afc)
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                                  Blank 59 Filed: 4/23/2002, Entered: 4/24/2002 Miscellaneous Document
                                  FINAL PRETRIAL STATEMENT; certificate of service - by plaintiff Warren R Wegesend Sr. (afc)
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                                    Blank 58 Filed: 4/23/2002, Entered: 4/24/2002 Miscellaneous Document
                                    FINAL PRETRIAL STATEMENT; certificate of service - by defendant Matson Navigation (afc)
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                                      Blank 57 Filed: 4/23/2002, Entered: 4/23/2002 Certificate Of Service.
                                      CERTIFICATE of service by defendant Matson Navigation (afc)
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                                        Blank 56 Filed: 4/15/2002, Entered: 4/16/2002 Minutes-MiscellaneousCourt Filing
                                        EO: Status Conference Re Deadlines and Discovery set for 04/24/2002 10:00:00 AM, BMK. Laverne from Lacy's office to notify parties. () JUDGE Mag Judge Barry M. Kurren (afc)
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                                          Blank 55 Filed: 4/1/2002, Entered: 4/3/2002 Minutes-MiscellaneousCourt Filing
                                          EP: Discovery Conference - Each party to produce copies of photos at their own expense by 4-5-02. Plaintiff may make another vessel inspection. Expert report may not be supplemented, but may only confirm previous report. Defendant may take another deposition of plaintiff for 2 hours. Questions previously asked may not be repeated. Deposition of Dennis Smith allowed. Plaintiff's book memorializing the incident to be produced. (Ct Rptr: Chambers) JUDGE Mag Judge Barry M. Kurren (afc)
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                                            Blank 54 Filed: 3/27/2002, Entered: 3/28/2002 Minutes-MiscellaneousCourt Filing
                                            EO : Continued : [Discovery Conference] from 03/28/2002 03:00:00 PM to 04/01/2002 03:00:00 PM, BMK. Letter briefs due by noon on 4-1-02. Sandy from Friedheim's office to notify parties () JUDGE Mag Judge Barry M. Kurren (bbb)
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                                              Blank 53 Filed: 3/27/2002, Entered: 3/27/2002 Certificate Of Service.
                                              CERTIFICATE of service by plaintiff Warren R Wegesend Sr. (afc)
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                                                Blank 52 Filed: 3/27/2002, Entered: 3/27/2002 Certificate Of Service.
                                                CERTIFICATE of service by plaintiff Warren R Wegesend Sr. (afc)
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                                                  Blank 51 Filed: 3/20/2002, Entered: 3/20/2002 Certificate Of Service.
                                                  CERTIFICATE of service by defendant Matson Navigation (fe)
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                                                    Blank 50 Filed: 3/18/2002, Entered: 3/20/2002 Minutes-MiscellaneousCourt Filing
                                                    EO: Letter briefs submitted by Mr. Jay Friedheim and Mr. Randy Baldemor were received by Magistrate Judge Barry M. Kurren on March 15, 2002. A Discovery Conference is set for March 28, 2002 at 3:00 p.m.. before Judge Kurren. Prior to the Discovery Conference, parties are instructed to have a face to face meeting in an attempt to resolve the discovery matters. Each party is to submit a specific report on the result of the meeting by noon on March 28, 2002. This report may be submitted by facsimile at 541-3500. Court reminds parties that it is reserving its right under Rule 37 to award attorney's fees. cc: Friedheim, Baldemor () JUDGE Mag Judge Barry M. Kurren (afc)
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                                                      Blank 49 Filed: 3/15/2002, Entered: 3/18/2002 Description not available
                                                      FIRST AMENDED NAMING OF EXPERT WITNESSES by plaintiff; certificate of service (afc)
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                                                        Blank 48 Filed: 3/15/2002, Entered: 3/15/2002 Description not available
                                                        NAMING OF EXPERT WITNESSES; certificate of service - by plaintiff (afc)
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                                                          Blank 47 Filed: 3/14/2002, Entered: 3/15/2002 Certificate Of Service.
                                                          CERTIFICATE of service by defendant Matson Navigation (afc)
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                                                            Blank 46 Filed: 3/6/2002, Entered: 3/6/2002 Certificate Of Service.
                                                            CERTIFICATE of service (afc)
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                                                              Blank 45 Filed: 2/28/2002, Entered: 3/4/2002 Minutes-MiscellaneousCourt Filing
                                                              EP : Rescheduling Conference - new dates given. 1. Non-jury trial on June 4, 2002 at 9:00.a.m. before SOM 2. Final Pretrial Conference on April 30, 2002 at 9:00a.m. before BMK 3. 4. Final Pretrial Statement by April 23, 2002 5. 6. 7. 8a. File Motions in Limine by May 14, 2002 8b. File opposition memo to a Motion in Limine by May 21, 2002 11a. Plaintiff's Expert Witness Disclosures (on lock issue only) by March 15, 2002 11b. Defendant's Expert Witness Disclosures (on lock issue only) by April 15, 2002 12. Discovery deadline May 6, 2002 13. Settlement Conference on call 14. 20. 21. File Final witness list by May 14, 2002 24. Exchange Exhibit and Demonstrative aids by May 7, 2002 25. File Stipulations re: Authenticity/Admissibility of Proposed Exhibits by May 14, 2002 26. File objections to the Exhibits by May 21, 2002 28a. File Deposition Excerpt Designations by May 14, 2002 28b. File Deposition Counter Designations and Objections by May 21, 2002 29. File Trial Brief by May 21, 2002 30. File Findings of Fact & Conclusions of Law by May 21, 2002 Notified: Toni Fujinaga Trial set for 9:00 6/4/02 before Judge Susan O. Mollway , ; final pretrial conference set for 9:00 4/30/02 ; Discovery ddl set for 5/6/02 before Mag Judge Barry M. Kurren ( Ct Rptr : chambers) JUDGE Mag Judge Barry M. Kurren (eps)
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                                                                Blank 44 Filed: 2/27/2002, Entered: 3/1/2002 Minutes-MiscellaneousCourt Filing
                                                                EO: rescheduling ocnference set for 2/27/02 at 9:00 BMK; Jay Friedheim to notify parties () JUDGE Mag Judge Barry M. Kurren (afc)
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                                                                  Blank 43 Filed: 2/22/2002, Entered: 2/25/2002 Certificate Of Service.
                                                                  CERTIFICATE of service (afc)
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                                                                    Blank 42 Filed: 2/20/2002, Entered: 2/21/2002 Certificate Of Service.
                                                                    CERTIFICATE of service (afc)
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                                                                      Blank 41 Filed: 2/19/2002, Entered: 2/21/2002 Minutes-MiscellaneousCourt Filing
                                                                      EO: Rescheduling Conference set for 02/20/2002 09:00:00 AM, BMK. Laverne to notify parties. () JUDGE Mag Judge Barry M. Kurren (afc)
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                                                                        Blank 40 Filed: 2/15/2002, Entered: 2/20/2002 Miscellaneous Document
                                                                        FINAL PRETRIAL STATEMENT; certificate of service - by plaintiff (afc)
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                                                                          Blank 39 Filed: 2/13/2002, Entered: 2/14/2002 Miscellaneous Document
                                                                          FINAL PRETRIAL STATEMENT; certificate of service - by defendant Matson Navigation (afc)
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                                                                            Blank 38 Filed: 2/7/2002, Entered: 2/11/2002 Stipulation and OrderCourt Filing
                                                                            STIPULATION to extend discovery period and ORDER by Mag Judge Barry M. Kurren - discovery period extended until 3/8/02 (afc)
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                                                                              Blank 37 Filed: 2/4/2002, Entered: 2/5/2002 Certificate Of Service.
                                                                              CERTIFICATE of service (afc)
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                                                                                Blank 36 Filed: 2/1/2002, Entered: 2/4/2002 Minutes-MiscellaneousCourt Filing
                                                                                EO: Continued : [Final Pretrial Conference] from 02/20/2002 09:00 AM to 02/26/2002 02:00 PM, BMK. Jay Friedheim to notify parties. () JUDGE Mag Judge Barry M. Kurren (afc)
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                                                                                  Blank 35 Filed: 12/28/2001, Entered: 1/2/2002 Description not available
                                                                                  EXPERT DISCLOSURE; certificate of service - by defendant Matson Navigation (afc)
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                                                                                    Blank 34 Filed: 12/20/2001, Entered: 12/21/2001 Certificate Of Service.
                                                                                    CERTIFICATE of service (afc)
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                                                                                      Blank 33 Filed: 12/19/2001, Entered: 12/21/2001 Certificate Of Service.
                                                                                      CERTIFICATE of service (afc)
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                                                                                        Blank 32 Filed: 12/3/2001, Entered: 12/10/2001 Description not available
                                                                                        NAMING OF EXPERT WITNESSES; certificate of service - by plaintiff Warren R Wegesend Sr. (afc)
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                                                                                          Blank 31 Filed: 12/3/2001, Entered: 12/4/2001 Certificate Of Service.
                                                                                          CERTIFICATE of service (afc)
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                                                                                            Blank 29 Filed: 10/23/2001, Entered: 10/24/2001 Stipulation and OrderCourt Filing
                                                                                            SECOND STIPULATION to extend expert witness naming deadline and settlement conference by Mag Judge Barry M. Kurren - by pltf - [filed by plaintiff [each party shall have one additional month to name experts and produce reports to be used at trial; Plaintiff's deadline moved from 11/1/01 to 12/1/01; Defts deadline to name experts and produce reports to be used at tril shall be moved from 11/30/01 to to 12/30/01] [11-1] (afc)
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                                                                                              Blank 30 Filed: 10/19/2001, Entered: 11/2/2001 Certificate Of Service.
                                                                                              CERTIFICATE of service (eps)
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                                                                                                Blank 28 Filed: 10/16/2001, Entered: 10/16/2001 Certificate Of Service.
                                                                                                CERTIFICATE of service (afc)
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                                                                                                  Blank 27 Filed: 9/27/2001, Entered: 10/1/2001 Stipulation and OrderCourt Filing
                                                                                                  FIRST STIPULATION to extend expert witness naming deadline and settlement conference by Mag Judge Barry M. Kurren - filed by plaintiff [each party shall have one additional month to name experts and produce reports to be used at trial; Plaintiff's deadline moved from 10/1/01 to 11/1/01; Defts deadline moved from 10/31/01 to 11/30/01; parties mutually stipulate to postpone settlement conference until a later date while both parties continue discovery in this matter] (afc)
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                                                                                                    Blank 26 Filed: 9/26/2001, Entered: 10/1/2001 Minutes-MiscellaneousCourt Filing
                                                                                                    EO: Settlement Conference set for 10-4-01 before BMK vacated at the request of the parties. Per Jeanine, secretary to Jay Friedheim, settlement conference to be reset at a later date. () JUDGE Mag Judge Barry M. Kurren (afc)
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                                                                                                      Blank 25 Filed: 8/31/2001, Entered: 9/4/2001 Minutes-MiscellaneousCourt Filing
                                                                                                      EO: Settlement Conference cont from 9/13/01 to 2:00 10/4/01 before Mag Judge Barry M. Kurren ; Confidential Settlement Conference Statements due 9/27/01. Laverne from Lacy's office to notify parties. () JUDGE Mag Judge Barry M. Kurren (afc)
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                                                                                                        Blank 24 Filed: 8/28/2001, Entered: 8/29/2001 Certificate Of Service.
                                                                                                        CERTIFICATE of service (afc)
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                                                                                                          Blank 23 Filed: 8/22/2001, Entered: 8/26/2001 Certificate Of Service.
                                                                                                          CERTIFICATE of service (afc)
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                                                                                                            Blank 22 Filed: 8/22/2001, Entered: 8/26/2001 Certificate Of Service.
                                                                                                            CERTIFICATE of service (afc)
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                                                                                                              Blank 21 Filed: 8/10/2001, Entered: 8/16/2001 Certificate Of Service.
                                                                                                              CERTIFICATE of service (afc)
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                                                                                                                Blank 20 Filed: 8/10/2001, Entered: 8/16/2001 Certificate Of Service.
                                                                                                                CERTIFICATE of service (afc)
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                                                                                                                  Blank 19 Filed: 8/10/2001, Entered: 8/16/2001 Certificate Of Service.
                                                                                                                  CERTIFICATE of service (afc)
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                                                                                                                    Blank 18 Filed: 7/6/2001, Entered: 7/9/2001 Certificate Of Service.
                                                                                                                    CERTIFICATE of service (afc)
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                                                                                                                      Blank 17 Filed: 7/6/2001, Entered: 7/9/2001 Certificate Of Service.
                                                                                                                      CERTIFICATE of service (afc)
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                                                                                                                        Blank 16 Filed: 7/6/2001, Entered: 7/9/2001 Certificate Of Service.
                                                                                                                        CERTIFICATE of service (afc)
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                                                                                                                          Blank 15 Filed: 6/18/2001, Entered: 6/24/2001 Minutes-MiscellaneousCourt Filing
                                                                                                                          EO: Settlement conference cont from 7/6/01 to 3:00 9/13/01 before Mag Judge Barry M. Kurren ; Laverne from Lacy's office to notify parties. () JUDGE Mag Judge Barry M. Kurren (afc)
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                                                                                                                            Blank 14 Filed: 6/6/2001, Entered: 6/6/2001 Certificate Of Service.
                                                                                                                            CERTIFICATE of service (fe)
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                                                                                                                              Blank 13 Filed: 5/25/2001, Entered: 5/29/2001 Certificate Of Service.
                                                                                                                              CERTIFICATE of service (afc)
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                                                                                                                                Blank 12 Filed: 5/25/2001, Entered: 5/29/2001 Certificate Of Service.
                                                                                                                                CERTIFICATE of service (afc)
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                                                                                                                                  Blank 11 Filed: 4/13/2001, Entered: 4/16/2001 Scheduling OrderCourt Filing
                                                                                                                                  RULE 16 SCHEDULING ORDER Mag Judge Barry M. Kurren (cc: all counsel) (afc)
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                                                                                                                                    Blank 10 Filed: 4/11/2001, Entered: 4/12/2001 Certificate Of Service.
                                                                                                                                    CERTIFICATE of service (afc)
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                                                                                                                                      Blank 9 Filed: 4/9/2001, Entered: 4/10/2001 Minutes-MiscellaneousCourt Filing
                                                                                                                                      EP: Rule 16 Scheduling Conference held. Court to prepare order. 1. Non-jury trial on April 2, 2002 at 9:00.a.m. before SOM 2. Final Pretrial Conference on February 20, 2002 at 9:00 a.m. before BMK 3. 4. Final Pretrial Statement by February 13, 2002 5. File motions to Join/Add Parties/Amend Pleadings by August 31, 2001 6. File other Non-Dispositive Motions by January 3, 2002 7. File Dispositive Motions by October 31, 2001 8a. File Motions in Limine by March 12, 2002 8b. File opposition memo to a Motion in Limine by March 19, 2002 10. 11a. Plaintiff's Expert Witness Disclosures by October 1, 2001 11b. Defendant's Expert Witness Disclosures by October 31, 2001 12. Discovery deadline February 1, 2002 13. Settlement Conference set for July 6, 2001 at 11:00 a.m. before BMK 14. Settlement Conference statements by July 3, 2001 20. 21. File Final witness list by March 12, 2002 24. Exchange Exhibit and Demonstrative aids by March 5, 2002 25. File Stipulations re: Authenticity/Admissibility of Proposed Exhibits by March 12, 2002 26. File objections to the Exhibits by March 19, 2002 28a. File Deposition Excerpt Designations by March 12, 2002 28b. File Deposition Counter Designations and Objections by March 19, 2002 29. File Trial Brief by March 19, 2002 30. File Findings of Fact & Conclusions of Law by March 19, 2002 rule 16 scheduling conference held on 9:00 4/9/01 before Mag Judge Barry M. Kurren ; Trial set for 9:00 4/2/02 Judge Susan Oki Mollway ; final pretrial conference set for 9:00 2/20/02 before Mag Judge Barry M. Kurren ; Discovery ddl set for 2/1/02; Motion filing ddl set for 10/31/01; settlement conference set for 11:00 before Mag Judge Barry M. Kurren (Ct Rptr: No Record) JUDGE Mag Judge Barry M. Kurren (afc)
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                                                                                                                                        Blank 8 Filed: 4/2/2001, Entered: 4/3/2001 Scheduling Conference Statement
                                                                                                                                        SCHEDULING CONFERENCE STATEMENT; certificate of service - by plaintiff (afc)
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                                                                                                                                          Blank 7 Filed: 3/27/2001, Entered: 3/27/2001 Scheduling Conference Statement
                                                                                                                                          SCHEDULING CONFERENCE STATEMENT; certificate of service - by defendant Matson Navigation (afc)
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                                                                                                                                            Blank 6 Filed: 3/22/2001, Entered: 3/23/2001 Report of Planning Meeting
                                                                                                                                            REPORT OF PARTIES PLANNING MEETING; certificate of service - by plaintiff (afc)
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                                                                                                                                              Blank 5 Filed: 3/1/2001, Entered: 3/1/2001 Certificate Of Service.
                                                                                                                                              CERTIFICATE of service (fe)
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                                                                                                                                                Blank 4 Filed: 1/29/2001, Entered: 1/30/2001 Answer
                                                                                                                                                ANSWER by defendant Matson Navigation to complaint; certificate of service [1-1] (afc)
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                                                                                                                                                  Blank 3 Filed: 1/19/2001, Entered: 1/23/2001 Service - Miscellaneous
                                                                                                                                                  RETURN OF SERVICE of complaint and summons executed upon defendant Matson Navigation Co., Inc. thru John Robinette, Claims Manager, on 1/9/01 (afc)
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                                                                                                                                                    Blank 2 Filed: 1/1/2001, Entered: 1/3/2001 OrderCourt Filing
                                                                                                                                                    ORDER by Judge David A. Ezra rule 16 conference set for 9:00 4/9/01 before Mag Judge Barry M. Kurren (afc)
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                                                                                                                                                      Blank 1 Filed: 1/1/2001, Entered: 1/3/2001 Complaint
                                                                                                                                                      COMPLAINT; demand for jury; (Summons(es) issued) (afc)
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