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109 |
Filed: 4/1/2015, Entered: None |
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ORDER that this Court, hereby stipulate and agree as follows: 1) Pursuant to Fed. R. Civ. P. 41, Plaintiffs hereby dismiss their shareholder derivative claims, asserted in Count IV of the Amended Complaint, for alleged violations of Va. Code Ann. § 13-691 and WHEREFORE clause paragraphs F, G, and H, seeking rescission of the merger of Apple REIT Nine, Inc., Apple REIT Eight, Inc., and Apple REIT Seven, Inc.; 2) The dismissal referred to in Paragraph 1 above is with prejudice; and 3) Each party shall bear its own costs. SO ORDERED. Signed by District Judge John A. Gibney, Jr. on 4/1/2015. (sbea, ) (Entered: 04/01/2015)
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108 |
Filed: 4/1/2015, Entered: None |
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STIPULATION re 23 Amended Complaint (Joint Stipulation) by Jack Battaglia, DCG&T. (Geiger, Jeffrey) (Entered: 04/01/2015)
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107 |
Filed: 3/27/2015, Entered: None |
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ORDER - This matter comes before the Court on its own initiative. Based on the parties' representations to chambers that they have resolved their most recent discovery disputes, the Court hereby resets the deadlines for expert witness designations and ORDERS as follows: The parties will disclose the information required under Rule 26(a)(2) on the following schedule: Party with the burden of proof on an issue by April 15, 2015; opposing party by May 13, 2015; rebuttal expert(s) by May 28, 2015. Motions, by either party, challenging the designation of experts shall be filed by at least June 12,2015. Signed by District Judge John A. Gibney, Jr on 03/26/2015. (tjoh, ) (Entered: 03/27/2015)
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106 |
Filed: 3/23/2015, Entered: None |
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NOTICE by Apple Reit Nine, Inc., James C. Barden, Does 1-10, Glade M. Knight, Bruce H. Matson, Michael S. Waters, Robert M. Wily re 102 Order on Motion to Strike, Order on Motion for Protective Order,, Order on Motion for Extension of Time to File, Order on Motion for Miscellaneous Relief,,,,, Joint Notice of Resolution of Defendants' Motions for Protective Orders (McIntyre, Charles) (Entered: 03/23/2015)
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105 |
Filed: 3/23/2015, Entered: None |
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TRANSCRIPT of proceedings held on 03/19/2015, before Judge Hon. John A. Gibney, Jr., Court Reporter/Transcriber Gil Halasz, Telephone number 804 916-2248. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 4/22/2015. Redacted Transcript Deadline set for 5/26/2015. Release of Transcript Restriction set for 6/22/2015.(halasz, gil) (Entered: 03/23/2015)
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104 |
Filed: 3/19/2015, Entered: None |
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AMENDED Order Regarding Procedures for Settlement Conference - The Court has scheduled this case for a settlement conference on May 6,2015 at 9:30 a.m.At that time, the parties shall report to the chambers of Magistrate Judge David J. Novak. SEE ORDER FOR DETAILS. Signed by District Judge John A. Gibney, Jr on 03/19/2015. (tjoh, ) (Entered: 03/19/2015)
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103 |
Filed: 3/19/2015, Entered: None |
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Minute Entry for proceedings held before District Judge John A. Gibney, Jr.: Motion Hearing held on 3/19/2015 re 81 MOTION for Protective Order, 77 MOTION to Strike, 92 MOTION for Extension of Time to Designate Experts, 93 MOTION for Clarification re 87 Order, 84 MOTION for Protective Order: Ct IV will remain in case at this time, the deadline to designate experts is extended, and the parties are directed to meet and confer today on remaining discovery issues and shall submit to the Court a list of items that remain in dispute after this conference. (Court Reporter G. Halasz, OCR.)(wtuc, ) (Entered: 03/19/2015)
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102 |
Filed: 3/19/2015, Entered: None |
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ORDER DENYING 77 Motion to Strike ; WITHOLDING ruling on 81 Motion for Protective Order; WITHOLDING ruling on 84 Motion for Protective Order; GRANTING 92 Motion for Extension of Time to File; DENYING AS MOOT 93 Motion for Clarification. The Court will hold a telephone conference in this matter on Friday, March 27, 2015 at 9:00 a.m.. Signed by District Judge John A. Gibney, Jr on 03/19/2015. (tjoh, ) (Entered: 03/19/2015)
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101 |
Filed: 3/18/2015, Entered: None |
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Sealed Document re 66 Order.(tjoh, ) (Entered: 03/18/2015)
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100 |
Filed: 3/17/2015, Entered: None |
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Memorandum in Support re 92 MOTION for Extension of Time to Designate Experts and in Support of Modification of Initial Pretrial Order (docket no. 64) filed by Jack Battaglia, DCG&T. (Geiger, Jeffrey) (Entered: 03/17/2015)
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99 |
Filed: 3/17/2015, Entered: None |
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Memorandum in Opposition re 93 MOTION for Clarification re 87 Order filed by Jack Battaglia, DCG&T. (Geiger, Jeffrey) (Entered: 03/17/2015)
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98 |
Filed: 3/16/2015, Entered: None |
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REPLY to Response to Motion re 77 MOTION to Strike or to Dismiss Count IV filed by Apple Reit Nine, Inc., James C. Barden, Glade M. Knight, Bruce H. Matson, Michael S. Waters, Robert M. Wily. (Edwards, Elizabeth) (Entered: 03/16/2015)
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97 |
Filed: 3/16/2015, Entered: None |
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ORDER re 81 MOTION for Protective Order For Non-Party Subpoenas filed by Bruce H. Matson, Michael S. Waters, James C. Barden, Robert M. Wily, Does 1-10, Apple Reit Nine, Inc., Glade M. Knight, 77 MOTION to Strike or to Dismiss Count IV filed by Bruce H. Matson, Michael S. Waters, James C. Barden, Robert M. Wily, Apple Reit Nine, Inc., Glade M. Knight, 92 MOTION for Extension of Time to Designate Experts filed by DCG&T, Jack Battaglia, 93 MOTION for Clarification re 87 Order filed by Bruce H. Matson, Michael S. Waters, James C. Barden, Robert M. Wily, Does 1-10, Apple Reit Nine, Inc., Glade M. Knight, 84 MOTION for Protective Order for Discovery Relating to the SEC Investigation and SEC Consent Order filed by Apple Reit Nine, Inc. The Court will hold a hearing to resolve the motions on Thursday, March 19, 2015 at 9:00 a.m. The Court hereby STAYS all discovery deadlines until March 19, 2015, including the deadline in its Order for an in camera review 87 . Signed by District Judge John A. Gibney, Jr on 03/16/2015. (tjoh, ) (Entered: 03/16/2015)
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96 |
Filed: 3/16/2015, Entered: None |
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Memorandum in Opposition re 84 MOTION for Protective Order for Discovery Relating to the SEC Investigation and SEC Consent Order filed by Jack Battaglia, DCG&T. (Attachments: # 1 Exhibit Cease & Desist Order, # 2 Exhibit Shareholder Notice)(Geiger, Jeffrey) (Entered: 03/16/2015)
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95 |
Filed: 3/16/2015, Entered: None |
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Opposition to 92 MOTION for Extension of Time to Designate Experts filed by Apple Reit Nine, Inc., James C. Barden, Does 1-10, Glade M. Knight, Bruce H. Matson, Michael S. Waters, Robert M. Wily. (Attachments: # 1 Proposed Order)(McIntyre, Charles) (Entered: 03/16/2015)
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94 |
Filed: 3/13/2015, Entered: None |
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Memorandum in Support re 93 MOTION for Clarification re 87 Order filed by Apple Reit Nine, Inc., James C. Barden, Does 1-10, Glade M. Knight, Bruce H. Matson, Michael S. Waters, Robert M. Wily. (McIntyre, Charles) (Entered: 03/13/2015)
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93 |
Filed: 3/13/2015, Entered: None |
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MOTION for Clarification re 87 Order by Apple Reit Nine, Inc., James C. Barden, Does 1-10, Glade M. Knight, Bruce H. Matson, Michael S. Waters, Robert M. Wily. (McIntyre, Charles) (Entered: 03/13/2015)
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92 |
Filed: 3/13/2015, Entered: None |
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MOTION for Extension of Time to Designate Experts by Jack Battaglia, DCG&T. (Attachments: # 1 Exhibit Proposed Order)(Geiger, Jeffrey) (Entered: 03/13/2015)
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91 |
Filed: 3/12/2015, Entered: None |
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ORDER granting 88 Motion for Extension of Time to File Response/Reply. Signed by District Judge John A. Gibney, Jr on 03/12/2015. (tjoh, ) (Entered: 03/12/2015)
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90 |
Filed: 3/12/2015, Entered: None |
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Memorandum in Opposition re 77 MOTION to Strike or to Dismiss Count IV filed by Jack Battaglia, DCG&T. (Geiger, Jeffrey) (Entered: 03/12/2015)
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89 |
Filed: 3/12/2015, Entered: None |
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Memorandum in Support re 88 MOTION for Extension of Time to File Response/Reply as to 78 Memorandum in Support, 77 MOTION to Strike or to Dismiss Count IV filed by Jack Battaglia, DCG&T. (Geiger, Jeffrey) (Entered: 03/12/2015)
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88 |
Filed: 3/12/2015, Entered: None |
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MOTION for Extension of Time to File Response/Reply as to 78 Memorandum in Support, 77 MOTION to Strike or to Dismiss Count IV by Jack Battaglia, DCG&T. (Attachments: # 1 Exhibit Proposed Order)(Geiger, Jeffrey) (Entered: 03/12/2015)
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87 |
Filed: 3/12/2015, Entered: None |
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ORDER re 84 MOTION for Protective Order for Discovery Relating to the SEC Investigation and SEC Consent Order filed by Apple Reit Nine, Inc. SEE ORDER FOR DETAILS. Signed by District Judge John A. Gibney, Jr on 03/12/2015. (tjoh, ) (Entered: 03/12/2015)
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86 |
Filed: 3/11/2015, Entered: None |
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Memorandum in Opposition re 81 MOTION for Protective Order For Non-Party Subpoenas filed by Jack Battaglia, DCG&T. (Geiger, Jeffrey) (Entered: 03/11/2015)
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85 |
Filed: 3/10/2015, Entered: None |
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Memorandum of Law in Support of Motion for Protective Order for Discovery Relating to the SEC Investigation and SEC Consent Order to 84 MOTION for Protective Order for Discovery Relating to the SEC Investigation and SEC Consent Order filed by Apple Reit Nine, Inc.. (McIntyre, Charles) (Entered: 03/10/2015)
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84 |
Filed: 3/10/2015, Entered: None |
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MOTION for Protective Order for Discovery Relating to the SEC Investigation and SEC Consent Order by Apple Reit Nine, Inc.. (McIntyre, Charles) (Entered: 03/10/2015)
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83 |
Filed: 3/10/2015, Entered: None |
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ORDER re 81 MOTION for Protective Order For Non-Party Subpoenas. In order for the Court to consider the motion before March 13, 2015, the date the Court's order granting plaintiffs' motion to compel goes into effect 80 , the Court ORDERS the plaintiffs to respond to the Motion for Protective Order no later than March 11, 2015. Signed by District Judge John A. Gibney, Jr. on 03/10/2015. (tjoh, ) (Entered: 03/10/2015)
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Request |
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82 |
Filed: 3/6/2015, Entered: None |
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Memorandum in Support re 81 MOTION for Protective Order For Non-Party Subpoenas filed by Apple Reit Nine, Inc., James C. Barden, Does 1-10, Glade M. Knight, Bruce H. Matson, Michael S. Waters, Robert M. Wily. (McIntyre, Charles) (Entered: 03/06/2015)
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81 |
Filed: 3/6/2015, Entered: None |
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MOTION for Protective Order For Non-Party Subpoenas by Apple Reit Nine, Inc., James C. Barden, Does 1-10, Glade M. Knight, Bruce H. Matson, Michael S. Waters, Robert M. Wily. (McIntyre, Charles) (Entered: 03/06/2015)
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80 |
Filed: 3/6/2015, Entered: None |
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ORDER denying 71 Motion for Reconsideration or Certification for Interlocutory Appeal. The Court STAYS implementation of its February 5, 2015 Order granting plaintiffs' motion to compel 69 until March 13, 2015. The defendants may, if they so choose, seek protective orders with respect to specific documents related to the SEC's investigation and consent order of February 12, 2014. Signed by District Judge John A. Gibney, Jr. on 3/6/2015. (sbea, ) (Entered: 03/06/2015)
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79 |
Filed: 3/4/2015, Entered: None |
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Memorandum in Opposition re 71 MOTION re 69 Order on Motion to Compel MOTION TO STAY AND FOR RECONSIDERATION OR, ALTERNATIVELY, CERTIFICATION FOR INTERLOCUTORY APPEAL filed by Jack Battaglia, DCG&T. (Geiger, Jeffrey) (Entered: 03/04/2015)
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78 |
Filed: 2/25/2015, Entered: None |
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Memorandum in Support re 77 MOTION to Strike or to Dismiss Count IV filed by Apple Reit Nine, Inc., James C. Barden, Glade M. Knight, Bruce H. Matson, Michael S. Waters, Robert M. Wily. (Edwards, Elizabeth) (Entered: 02/25/2015)
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77 |
Filed: 2/25/2015, Entered: None |
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MOTION to Strike or to Dismiss Count IV by Apple Reit Nine, Inc., James C. Barden, Glade M. Knight, Bruce H. Matson, Michael S. Waters, Robert M. Wily. (Attachments: # 1 Proposed Order)(Edwards, Elizabeth) (Entered: 02/25/2015)
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76 |
Filed: 2/24/2015, Entered: None |
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Memorandum Brief of Amicus Curiae Virginia Chamber of Commerce in Support of Defendants to 71 MOTION re 69 Order on Motion to Compel MOTION TO STAY AND FOR RECONSIDERATION OR, ALTERNATIVELY, CERTIFICATION FOR INTERLOCUTORY APPEAL filed by Virginia Chamber of Commerce. (Fuhr, Edward) (Entered: 02/24/2015)
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75 |
Filed: 2/24/2015, Entered: None |
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ORDER re 71 MOTION to Stay and For Reconsideration or, Alternatively, Certification for Interlocutory Appeal. The Court ORDERS the Plaintiffs to respond to the Defendants' Motion and the amicus brief of the Virginia Chamber of Commerce in a single briefno later than March 4, 2015. The Court STAYS its February 5, 2015 Order granting Plaintiffs' Motion to Compel 69 until March 11, 2015. Signed by District Judge John A. Gibney, Jr on 02/24/2015. (tjoh, ) (Entered: 02/24/2015)
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74 |
Filed: 2/24/2015, Entered: None |
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ORDER granting 73 Motion for Leave to File Amicus Curiae Brief. Signed by District Judge John A. Gibney, Jr on 02/24/2015. (tjoh, ) (Entered: 02/24/2015)
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73 |
Filed: 2/23/2015, Entered: None |
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MOTION for Leave to File Amicus Curiae Brief by Virginia Chamber of Commerce. (Attachments: # 1 Exhibit Brief of Amicus Curiae Virginia Chamber of Commerce in Support of Defendants)(Fuhr, Edward) (Entered: 02/23/2015)
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72 |
Filed: 2/19/2015, Entered: None |
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Memorandum in Support re 71 MOTION re 69 Order on Motion to Compel MOTION TO STAY AND FOR RECONSIDERATION OR, ALTERNATIVELY, CERTIFICATION FOR INTERLOCUTORY APPEAL filed by Apple Reit Nine, Inc., James C. Barden, Does 1-10, Glade M. Knight, Bruce H. Matson, Michael S. Waters. (McIntyre, Charles) (Entered: 02/19/2015)
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71 |
Filed: 2/19/2015, Entered: None |
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MOTION re 69 Order on Motion to Compel MOTION TO STAY AND FOR RECONSIDERATION OR, ALTERNATIVELY, CERTIFICATION FOR INTERLOCUTORY APPEAL by Apple Reit Nine, Inc., James C. Barden, Does 1-10, Glade M. Knight, Bruce H. Matson, Michael S. Waters, Robert M. Wily. (McIntyre, Charles) (Entered: 02/19/2015)
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70 |
Filed: 2/9/2015, Entered: None |
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TRANSCRIPT of proceedings of phone conference held on 02/05/2015, before Judge Hon. John A. Gibney, Jr., Court Reporter/Transcriber Gil Halasz, Telephone number 804 916-2248. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 3/11/2015. Redacted Transcript Deadline set for 4/13/2015. Release of Transcript Restriction set for 5/11/2015.(halasz, gil) (Entered: 02/09/2015)
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69 |
Filed: 2/5/2015, Entered: None |
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ORDER granting 52 Motion to Compel. Signed by District Judge John A. Gibney, Jr on 02/05/2015. (tjoh, ) (Entered: 02/05/2015)
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68 |
Filed: 12/18/2014, Entered: None |
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ORDER granting in part and denying in part 33 Motion to Dismiss for Failure to State a Claim. Specifically, the Court GRANTS the motion with respect to Count I, Count III, and Count IV's affiliated transaction and direct conflicted transaction claims. The Court DENIES the motion with respect to Count II and Count IV's derivative conflicted transaction claim.; DENYING AS MOOT 45 Motion to Certify Class. Signed by District Judge John A. Gibney, Jr on 12/18/2014. (tjoh, ) (Entered: 12/18/2014)
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67 |
Filed: 12/18/2014, Entered: None |
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MEMORANDUM OPINION. Signed by District Judge John A. Gibney, Jr on 12/18/2014. (tjoh, ) (Entered: 12/18/2014)
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66 |
Filed: 12/17/2014, Entered: None |
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ORDER REGARDING PROCEDURES FOR SETTLEMENT CONFERENCE re 65 Order. The parties thereafter informed this Court that they had already engaged in private mediation with further meetings planned. Accordingly, this Court ORDERS that the parties file a report on the results of the private mediation with Judge Gibney as required by Local Civil Rule 83.6(B) not later than March 18,2015. Should the parties not resolve this matter through private mediation, the Court will set this case for a settlement conference on April 1,2015, at 9:30 a.m. At that time, the parties shall report to the chambers of Magistrate Judge David J. Novak and the following procedures shall apply. SEE ORDER FOR DETAILS. Signed by Magistrate Judge David J. Novak on 12/17/2014. (tjoh, ) (Entered: 12/17/2014)
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65 |
Filed: 12/17/2014, Entered: None |
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ORDER - It is hereby ORDERED that the settlement conference and proceedings are referred to United States Magistrate David J. Novak. Counsel shall be responsible for contacting the Chambers of Magistrate Judge Novak within five (5) days of the date of this Order to schedule the conference, which should occur at such time as Magistrate Judge Novak shall approve. Signed by District Judge John A. Gibney, Jr on 12/17/2014. (tjoh, ) (Entered: 12/17/2014)
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64 |
Filed: 12/17/2014, Entered: None |
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PRETRIAL ORDER: Bench Trial set for 7/13/2015 at 09:00 AM in Richmond Courtroom 6000 before District Judge John A. Gibney, Jr. Signed by District Judge John A. Gibney, Jr. on 12/17/14. (wtuc) (Entered: 12/17/2014)
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63 |
Filed: 11/12/2014, Entered: None |
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SCHEDULING ORDER: Initial Pretrial Conference set for 12/17/2014 at 09:15 AM before District Judge John A. Gibney, Jr. Signed by District Judge John A. Gibney, Jr. on 11/12/14. (wtuc) (Entered: 11/12/2014)
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62 |
Filed: 10/24/2014, Entered: None |
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RESPONSE in Support re 33 MOTION to Dismiss for Failure to State a Claim SUPPLEMENTAL BRIEF IN FURTHER SUPPORT OF THEIR MOTION TO DISMISS PLAINTIFFS AMENDED COMPLAINT filed by Apple Reit Nine, Inc., James C. Barden, Does 1-10, Glade M. Knight, Bruce H. Matson, Michael S. Waters, Robert M. Wily. (McIntyre, Charles) (Entered: 10/24/2014)
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61 |
Filed: 10/24/2014, Entered: None |
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RESPONSE in Opposition re 33 MOTION to Dismiss for Failure to State a Claim Styled as "Plaintiffs' Supplemental Brief in Opposition to Defendants' Motion to Dismiss First Amended Verified Complaint" filed by Jack Battaglia, DCG&T. (Geiger, Jeffrey) (Entered: 10/24/2014)
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60 |
Filed: 10/10/2014, Entered: None |
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ORDER regarding 33 Defendants' Motion to Dismiss; the Court ORDERS the parties to file supplemental briefs [as described herein] no later than 14 days from entry of this order. Briefs may not exceed 20 pages in length, exclusive of attachments. Signed by District Judge John A. Gibney, Jr. on 10/10/2014. Copies as directed to all counsel of record.(cmcc, ) (Entered: 10/10/2014)
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59 |
Filed: 8/27/2014, Entered: None |
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Rebuttal Brief re 45 MOTION to Certify Class filed by Jack Battaglia, DCG&T. (Attachments: # 1 Exhibit A-Battaglia Deposition)(Geiger, Jeffrey) (Entered: 08/27/2014)
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58 |
Filed: 8/19/2014, Entered: None |
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Rebuttal Brief re 52 MOTION to Compel styled as "Motion to Compel Defendants to Respond Fully to Plaintiffs' First and Second Request for Production of Documents and First Set of Interrogatories and For a Declaration that Plaintiffs' Non-Party Subpoena D filed by Jack Battaglia, DCG&T. (Geiger, Jeffrey) (Entered: 08/19/2014)
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57 |
Filed: 8/11/2014, Entered: None |
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Memorandum in Opposition re 52 MOTION to Compel styled as "Motion to Compel Defendants to Respond Fully to Plaintiffs' First and Second Request for Production of Documents and First Set of Interrogatories and For a Declaration that Plaintiffs' Non-Party Subpoena D filed by Apple Reit Nine, Inc.. (McIntyre, Charles) (Entered: 08/11/2014)
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56 |
Filed: 8/8/2014, Entered: None |
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ORDER - In the interest of judicial efficiency and economy, it is hereby ORDERED that this action is reassigned to the Honorable John A. Gibney, Jr. Signed by District Judge Henry E. Hudson on 08/08/2014. (tjoh, ) (Entered: 08/08/2014)
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55 |
Filed: 8/6/2014, Entered: None |
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RESPONSE in Opposition re 45 MOTION to Certify Class filed by Apple Reit Nine, Inc., James C. Barden, Glade M. Knight, Bruce H. Matson, Michael S. Waters, Robert M. Wily. (Attachments: # 1 Exhibit 1 - Deposition Transcript Excerpts, # 2 Exhibit 2 - Proxy Supplement, # 3 Exhibit 3 - Advisory Agreement (A-7), # 4 Exhibit 4 - Advisory Agreement (A-8), # 5 Exhibit 5 - Articles of Incorporation, # 6 Exhibit 6 - Proxy Annex)(McMahan, Jeffrey) (Entered: 08/06/2014)
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54 |
Filed: 8/4/2014, Entered: None |
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Declaration of Jeffrey Hamilton Geiger by Jack Battaglia, DCG&T. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit)(Geiger, Jeffrey) (Entered: 08/04/2014)
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53 |
Filed: 8/4/2014, Entered: None |
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Memorandum in Support re 52 MOTION to Compel styled as "Motion to Compel Defendants to Respond Fully to Plaintiffs' First and Second Request for Production of Documents and First Set of Interrogatories and For a Declaration that Plaintiffs' Non-Party Subpoena D filed by Jack Battaglia, DCG&T. (Geiger, Jeffrey) (Entered: 08/04/2014)
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52 |
Filed: 8/4/2014, Entered: None |
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MOTION to Compel styled as "Motion to Compel Defendants to Respond Fully to Plaintiffs' First and Second Request for Production of Documents and First Set of Interrogatories and For a Declaration that Plaintiffs' Non-Party Subpoena Duces Tecum Subject Answers are Within the Scope of Permissible Discovery Under Tyson" by Jack Battaglia, DCG&T. (Geiger, Jeffrey) (Entered: 08/04/2014)
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51 |
Filed: 7/24/2014, Entered: None |
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ORDER - Pursuant to the telephonic conference held with the parties on July 23, 2014, it is ORDERED that the parties will adhere to the following briefing schedule: The Plaintiffs will file their Motion to Compel Production by August 4, 2014, at 5:00 p.m. The Defendants will file their Response in Opposition by August 11, 2014 at 5:00 p.m. The Plaintiffs will file their Reply in Support by August 18, 2014 at 5:00 p.m. If the Court subsequently determines that a hearing is necessary to resolve the issues, the parties will be notified at a later date. Signed by District Judge Robert E. Payne on 07/24/2014. (tjoh, ) (Entered: 07/24/2014)
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Request |
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50 |
Filed: 7/23/2014, Entered: None |
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ORDER granting 32 Motion for Pro hac vice Appointed Jennifer Farer for Apple Reit Nine, Inc.,Jennifer Farer for James C. Barden,Jennifer Farer for Glade M. Knight,Jennifer Farer for Bruce H. Matson,Jennifer Farer for Michael S. Waters,Jennifer Farer for Robert M. Wily. Signed by District Judge Robert E. Payne on 07/22/2014. (tjoh, ) (Entered: 07/23/2014)
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Request |
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49 |
Filed: 7/2/2014, Entered: None |
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ORDER granting 48 Motion for Extension of Time to File Response/Reply. The Defendants shall file their Responses to Plaintiffs' June 20, 2014 Motion for Class Certification on or before August 6, 2014; it is further ORDERED that Plaintiffs shall file their Reply in support of their Motion for Class Certification on or before August 27, 2014. Signed by District Judge Robert E. Payne on 07/02/2014. (tjoh, ) (Entered: 07/02/2014)
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Request |
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48 |
Filed: 7/1/2014, Entered: None |
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Joint MOTION for Extension of Time to File Response/Reply as to 45 MOTION to Certify Class by Apple Reit Nine, Inc., James C. Barden, Glade M. Knight, Bruce H. Matson, Michael S. Waters, Robert M. Wily. (Attachments: # 1 Proposed Order)(McMahan, Jeffrey) (Entered: 07/01/2014)
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Request |
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47 |
Filed: 6/20/2014, Entered: None |
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AFFIDAVIT in Support re 45 MOTION to Certify Class filed by Jack Battaglia. (Geiger, Jeffrey) (Entered: 06/20/2014)
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Request |
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46 |
Filed: 6/20/2014, Entered: None |
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Memorandum in Support re 45 MOTION to Certify Class filed by Jack Battaglia. (Geiger, Jeffrey) (Entered: 06/20/2014)
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Request |
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45 |
Filed: 6/20/2014, Entered: None |
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MOTION to Certify Class by Jack Battaglia. (Geiger, Jeffrey) (Entered: 06/20/2014)
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Request |
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44 |
Filed: 6/12/2014, Entered: None |
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NOTICE by Apple Reit Nine, Inc., James C. Barden, Glade M. Knight, Bruce H. Matson, Michael S. Waters, Robert M. Wily re 39 Order,, Joint Notice of Identification of Mediator and Mediation Schedule (McMahan, Jeffrey) (Entered: 06/12/2014)
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Request |
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43 |
Filed: 6/2/2014, Entered: None |
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ORDER granting 40 Motion for Pro hac vice Appointed Olimpio Lee Squitieri for Jack Battaglia,Olimpio Lee Squitieri for DCG&T. Signed by District Judge Robert E. Payne on 05/30/2014. (tjoh, ) (Entered: 06/02/2014)
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Request |
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42 |
Filed: 5/28/2014, Entered: None |
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REPLY to Response to Motion re 33 MOTION to Dismiss for Failure to State a Claim filed by Apple Reit Nine, Inc., James C. Barden, Glade M. Knight, Bruce H. Matson, Michael S. Waters, Robert M. Wily. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(McMahan, Jeffrey) (Entered: 05/28/2014)
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Request |
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41 |
Filed: 5/21/2014, Entered: None |
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RESPONSE in Opposition re 33 MOTION to Dismiss for Failure to State a Claim filed by Jack Battaglia, DCG&T. (Geiger, Jeffrey) (Entered: 05/21/2014)
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Request |
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40 |
Filed: 5/20/2014, Entered: None |
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Motion to appear Pro Hac Vice by Olimpio Lee Squitieri and Certification of Local Counsel Jeffrey H. Geiger Filing fee $ 75, receipt number 0422-3969202. by Jack Battaglia. (Geiger, Jeffrey) (Entered: 05/20/2014)
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Request |
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39 |
Filed: 5/15/2014, Entered: None |
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ORDER - All disclosures required by Fed. R. Civ. P. 26 shall be served by May 30, 2014. It is further ORDERED that, by May 21, 2014, the parties shall identify a private mediator upon whom they have agreed and set forth a schedule for mediation. SEE ORDER FOR DETAILS. It is further ORDERED that the Plaintiff's response to 33 MOTION to Dismiss, shall be filed on May 21, 2014 and that the defendants' reply brief shall be filed on May 28, 2014. Signed by District Judge Robert E. Payne on 05/15/2014. (tjoh, ) (Entered: 05/15/2014)
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Request |
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38 |
Filed: 5/14/2014, Entered: None |
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STIPULATED PROTECTIVE ORDER - SEE ORDER FOR DETAILS. Signed by District Judge Robert E. Payne on 05/14/2014. (Attachments: # 1 Exhibit A)(tjoh, ) (Entered: 05/14/2014)
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Request |
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37 |
Filed: 5/14/2014, Entered: None |
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PRETRIAL ORDER setting a bench trial to begin at 9:30 a.m. on January 20, 2015; final pretrial conference to be held at 10:00 a.m. on January 0, 2015. Signed by District Judge Robert E. Payne on 5/14/14. (sneal, ) (Entered: 05/14/2014)
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Request |
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36 |
Filed: 5/8/2014, Entered: None |
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ORDER - Due to the cancellation of pretrial conferences in other actions, it is hereby ORDERED that the Initial Pretrial Conference scheduled for 11:15 a.m. May 14, 2014 is rescheduled to 10:45 a.m. May 14, 2014. Signed by District Judge Robert E. Payne on 05/08/2014. (tjoh, ) (Entered: 05/08/2014)
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Request |
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35 |
Filed: 5/5/2014, Entered: None |
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ANSWER to Complaint by Apple Reit Nine, Inc., James C. Barden, Glade M. Knight, Bruce H. Matson, Michael S. Waters, Robert M. Wily.(McMahan, Jeffrey) (Entered: 05/05/2014)
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Request |
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34 |
Filed: 5/5/2014, Entered: None |
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Memorandum in Support re 33 MOTION to Dismiss for Failure to State a Claim filed by Apple Reit Nine, Inc., James C. Barden, Glade M. Knight, Bruce H. Matson, Michael S. Waters, Robert M. Wily. (Attachments: # 1 Exhibit 1 - Proxy Excerpts, # 2 Exhibit 2 - Feb. 27, 2014 8-K, # 3 Exhibit 3 - Feb. 13, 2014 8-K, # 4 Exhibit 4 - Articles of Incorporation, # 5 Proposed Order)(McMahan, Jeffrey) (Entered: 05/05/2014)
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Request |
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33 |
Filed: 5/5/2014, Entered: None |
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MOTION to Dismiss for Failure to State a Claim by Apple Reit Nine, Inc., James C. Barden, Glade M. Knight, Bruce H. Matson, Michael S. Waters, Robert M. Wily. (McMahan, Jeffrey) (Entered: 05/05/2014)
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32 |
Filed: 5/5/2014, Entered: None |
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Motion to appear Pro Hac Vice by Jennifer L. Farer and Certification of Local Counsel Charles Wm. McIntyre Filing fee $ 75, receipt number 0422-3950155. by Apple Reit Nine, Inc., James C. Barden, Glade M. Knight, Bruce H. Matson, Michael S. Waters, Robert M. Wily. (McIntyre, Charles) (Main Document 32 replaced on 7/21/2014) (tjoh, ). (Entered: 05/05/2014)
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Request |
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31 |
Filed: 5/2/2014, Entered: None |
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ORDER DENYING 30 Motion for Approval of Joint Request to Modify Answer Deadline and Briefing Schedule and the 22 Order entered 03/14/2014 remains in full force and effect. It is so ORDERED. Signed by District Judge Robert E. Payne on 05/01/2014. (walk, ) (Entered: 05/02/2014)
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Request |
 |
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30 |
Filed: 5/1/2014, Entered: None |
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Joint MOTION for Extension of Time to Answer and Modify Briefing Schedule by Apple Reit Nine, Inc., James C. Barden, Glade M. Knight, Bruce H. Matson, Michael S. Waters, Robert M. Wily. (Attachments: # 1 Proposed Order)(McMahan, Jeffrey) (Entered: 05/01/2014)
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Request |
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29 |
Filed: 4/23/2014, Entered: None |
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SCHEDULING ORDER: Initial Pretrial Conference set for 5/14/2014 at 11:15 AM before District Judge Robert E. Payne.. Signed by District Judge Robert E. Payne on 4/23/14. (sneal, ) (Entered: 04/23/2014)
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Request |
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28 |
Filed: 4/23/2014, Entered: None |
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ORDER entered by the Clerk at the direction of the Court setting an Initial Pretrial Conference to be held at 11:15 a.m. on 5/14/14. (sneal, ) (Entered: 04/23/2014)
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Request |
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27 |
Filed: 4/10/2014, Entered: None |
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SO ORDERED re 26 Motion for Pro hac vice. Appointed Kevin Peter Roddy for Jack Battaglia,Kevin Peter Roddy for DCG&T. Signed by District Judge Robert E. Payne on 4/9/2014. (cmcc, ) (Entered: 04/10/2014)
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Request |
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26 |
Filed: 4/7/2014, Entered: None |
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Motion to appear Pro Hac Vice by Kevin Peter Roddy and Certification of Local Counsel Jeffrey H. Geiger Filing fee $ 75, receipt number 0422-3916231. by Jack Battaglia, DCG&T. (Geiger, Jeffrey) (Entered: 04/07/2014)
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Request |
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25 |
Filed: 3/25/2014, Entered: None |
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CERTIFICATE of Service Styled as "Verifications of Jack Battaglia and Lori Battaglia" re 23 Amended Complaint by Jeffrey Hamilton Geiger on behalf of All Plaintiffs (Attachments: # 1 Exhibit Verification of Jack Battaglia, # 2 Exhibit Verification of Lori Battaglia)(Geiger, Jeffrey) (Entered: 03/25/2014)
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Request |
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24 |
Filed: 3/24/2014, Entered: None |
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CERTIFICATE of Service re 23 Amended Complaint by Jeffrey Hamilton Geiger on behalf of All Plaintiffs (Geiger, Jeffrey) (Entered: 03/24/2014)
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Request |
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23 |
Filed: 3/24/2014, Entered: None |
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AMENDED COMPLAINT against All Defendants, filed by DCG&T, Jack Battaglia. (Attachments: # 1 Exhibit Exhibit A to Amended Complaint)(Geiger, Jeffrey) (Entered: 03/24/2014)
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Request |
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22 |
Filed: 3/14/2014, Entered: None |
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ORDER granting 21 Motion for Extension of Time to File. It is further ORDERED that: 1. The plaintiffs shall file their Amended Complaint by March 24, 2014; and 2. The defendants shall filed their Answer and any other motions with respect to the Amended Complaint by May 5, 2014. Signed by District Judge Robert E. Payne on 03/13/2014. (tjoh, ) (Entered: 03/14/2014)
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Request |
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21 |
Filed: 3/13/2014, Entered: None |
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MOTION for Extension of Time to File First Amended Complaint by Jack Battaglia, DCG&T. (Geiger, Jeffrey) (Entered: 03/13/2014)
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Request |
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20 |
Filed: 3/5/2014, Entered: None |
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ORDER granting 17 Motion for Extension of Time to File. It is further ORDERED that: 1. The plaintiffs shall file their Amended Complaint by March 14, 2014; and 2. The defendants shall file their Answer and any other motions with respect to the Amended Complaint by April 24, 2014. Signed by District Judge Robert E. Payne on 02/28/2014. (tjoh, ) (Entered: 03/05/2014)
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Request |
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19 |
Filed: 2/28/2014, Entered: None |
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ORDER GRANTING 18 Motion by Jack Battaglia and DCG&T for the Admission of Daniel R. Lapinski, Esquire Pro Hac Vice. Signed by District Judge Robert E. Payne on 02/28/2014. (walk, ) (Entered: 02/28/2014)
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Request |
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18 |
Filed: 2/27/2014, Entered: None |
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Motion to appear Pro Hac Vice by Daniel Robert Lapinski and Certification of Local Counsel Jeffrey Hamilton Geiger Filing fee $ 75, receipt number 0422-3867574. by Jack Battaglia. (Geiger, Jeffrey) (Entered: 02/27/2014)
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Request |
 |
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17 |
Filed: 2/25/2014, Entered: None |
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Joint MOTION for Extension of Time for Plaintiffs to file Amended Complaint and for Defendants to Respond by Apple Reit Nine, Inc., James C. Barden, Glade M. Knight, Bruce H. Matson, Michael S. Waters, Robert M. Wily. (Attachments: # 1 Proposed Order)(McMahan, Jeffrey) (Entered: 02/25/2014)
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Request |
 |
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16 |
Filed: 2/25/2014, Entered: None |
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SUMMONS Returned Executed by DCG&T Apple Reit Nine, Inc. served on 2/5/2014, answer due 2/26/2014 (tjoh, ) (Entered: 02/25/2014)
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Request |
 |
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15 |
Filed: 2/24/2014, Entered: None |
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Summons Returned Unexecuted by Jack Battaglia as to James C. Barden. (tjoh, ) (Entered: 02/24/2014)
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Request |
 |
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14 |
Filed: 2/24/2014, Entered: None |
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SUMMONS Returned Executed by DCG&T Glade M. Knight served on 2/6/2014, answer due 2/27/2014; Bruce H. Matson served on 2/5/2014, answer due 2/26/2014; Michael S. Waters served on 2/6/2014, answer due 2/27/2014; Robert M. Wily served on 2/6/2014, answer due 2/27/2014 (Attachments: # 1 Letter)(tjoh, ) (Entered: 02/24/2014)
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Request |
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13 |
Filed: 2/18/2014, Entered: None |
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ORDER DENYING as moot 3 Motion for Temporary Restraining Order, Expedited Discovery, and Preliminary Injunction as Plaintiffs have notified the Court, by electronic mail communication, to withdraw the motion. If is further ORDERED that the hearing on the motion scheduled for 9:30 a.m. February 18, 2014 is cancelled. Signed by District Judge Robert E. Payne on 02/18/2014. (tjoh, ) (Entered: 02/18/2014)
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Request |
 |
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12 |
Filed: 2/18/2014, Entered: None |
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NOTICE of Appearance by Elizabeth Flannagan Edwards on behalf of Apple Reit Nine, Inc., James C. Barden, Glade M. Knight, Bruce H. Matson, Michael S. Waters, Robert M. Wily (Edwards, Elizabeth) (Entered: 02/18/2014)
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Request |
 |
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11 |
Filed: 2/14/2014, Entered: None |
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NOTICE of Appearance by Charles William McIntyre, Jr on behalf of Apple Reit Nine, Inc., James C. Barden, Glade M. Knight, Bruce H. Matson, Michael S. Waters, Robert M. Wily (McIntyre, Charles) (Entered: 02/14/2014)
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Request |
 |
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10 |
Filed: 2/14/2014, Entered: None |
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ORDER - It is ORDERED that oral arguments for the Plaintiff's Motion for Temporary Restraining Order, Expedited Discovery, and Preliminary Injunction 3 will be rescheduled for February 18, 2014 at 9:30 a.m. Signed by District Judge Robert E. Payne on 02/14/2014. (tjoh, ) (Entered: 02/14/2014)
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Request |
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Save 25% on a pre-paid one year subscription. |
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9 |
Filed: 2/14/2014, Entered: None |
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NOTICE of Appearance by Jeffrey Dean McMahan, Jr on behalf of Apple Reit Nine, Inc., James C. Barden, Glade M. Knight, Bruce H. Matson, Michael S. Waters, Robert M. Wily (McMahan, Jeffrey) (Entered: 02/14/2014)
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Request |
 |
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8 |
Filed: 2/14/2014, Entered: None |
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Memorandum in Opposition re 3 MOTION for Temporary Restraining Order styled as: Plaintiffs' Motion for Temporary Restraining Order, Expedited Discovery, and Preliminary Injunction filed by Apple Reit Nine, Inc., James C. Barden, Glade M. Knight, Bruce H. Matson, Michael S. Waters, Robert M. Wily. (Attachments: # 1 Exhibit A - Knight Declaration, # 2 Exhibit B - Chart of Proxy Disclosures)(McMahan, Jeffrey) (Entered: 02/14/2014)
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Request |
 |
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7 |
Filed: 2/14/2014, Entered: None |
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Financial Interest Disclosure Statement (Local Rule 7.1) by Apple Reit Nine, Inc., James C. Barden, Glade M. Knight, Bruce H. Matson, Michael S. Waters, Robert M. Wily. (McMahan, Jeffrey) (Entered: 02/14/2014)
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Request |
 |
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6 |
Filed: 2/11/2014, Entered: None |
 |
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ORDER - Pursuant to the telephonic conference held with the parties on February 11, 2014, it is ORDERED that the parties will adhere to the following briefing and argument schedule regarding the Plaintiff's 3 MOTION for Temporary Restraining Order styled as: Plaintiffs' Motion for Temporary Restraining Order, Expedited Discovery, and Preliminary Injunction filed by DCG&T, Jack Battaglia. 1. The Defendants will file their response in opposition by February 14, 2014 at 12:00 p.m.; 2. The Plaintiffs will file their reply by February 16, 2014, at 8:00 a.m.; 3. The Court will hear oral arguments on the Motion on February 17, 2014 at 10:00 a.m. It is further ORDERED that the Plaintiffs are permitted to serve any discovery requests immediately, including Exhibit 1 to its Declaration regarding 5 Declaration, filed by DCG&T, Jack Battaglia. The parties are further ORDERED to propose a plan for completion of discovery, contingent on the resolution of the pending motion. Signed by District Judge Robert E. Payne on 02/11/2014. (tjoh, ) (Entered: 02/11/2014)
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Request |
 |
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5 |
Filed: 2/10/2014, Entered: None |
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|
Declaration re 4 Memorandum in Support, by Jack Battaglia, DCG&T. (Attachments: # 1 Exhibit Plaintiffs' First Request for Production of Documents, # 2 Exhibit Notice of Depositions, # 3 Exhibit Header Page for Exhibit C, # 4 Exhibit Proxy Part 1, # 5 Exhibit Proxy Part 2, # 6 Exhibit Proxy Part 3, # 7 Exhibit Proxy Part 4, # 8 Exhibit Proxy Part 5)(Geiger, Jeffrey) (Entered: 02/10/2014)
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Request |
 |
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4 |
Filed: 2/10/2014, Entered: None |
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|
Memorandum in Support re 3 MOTION for Temporary Restraining Order styled as: Plaintiffs' Motion for Temporary Restraining Order, Expedited Discovery, and Preliminary Injunction filed by Jack Battaglia, DCG&T. (Geiger, Jeffrey) (Entered: 02/10/2014)
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Request |
 |
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3 |
Filed: 2/10/2014, Entered: None |
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|
MOTION for Temporary Restraining Order styled as: Plaintiffs' Motion for Temporary Restraining Order, Expedited Discovery, and Preliminary Injunction by Jack Battaglia, DCG&T. (Attachments: # 1 Exhibit Plaintiffs' First Request for Production of Documents)(Geiger, Jeffrey) (Entered: 02/10/2014)
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Request |
 |
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2 |
Filed: 2/4/2014, Entered: None |
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|
Summons Issued as to Apple Reit Nine, Inc., James C. Barden, Glade M. Knight, Bruce H. Matson, Michael S. Waters, Robert M. Wily. Summonses to be picked up by process server per counsel for plaintiffs (tdai, ) Modified text on 2/4/2014 (tdai, ). (Entered: 02/04/2014)
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Request |
 |
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1 |
Filed: 1/31/2014, Entered: None |
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|
COMPLAINT against All Defendants ( Filing fee $ 400, receipt number 34683023928.), filed by DCG&T, Jack Battaglia. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Letter, # 4 Receipt)(tjoh, ) (Entered: 01/31/2014)
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