Allen et al v. Martin Surfacing, Inc. et al
Federal Civil Lawsuit Massachusetts District Court, Case No. 4:05-cv-40048-FDS

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No Logo Laura Allen, Plaintiff

Toggle Switch Represented by Unknown Firm

Name Phone Fax E-Mail
Space Alan Bell

Toggle Switch Represented by Brent Coon & Associates

Name Phone Fax E-Mail
Space Michael R. Hugo +1 617 973 9777 +1 617 227 4006 carley.galloway@bcoonlaw.com
Space Ian N. McCallister +1 617 973 9777 ian.mccallister@bcoonlaw.com

Toggle Switch Represented by Kreindler & Kreindler LLP

Name Phone Fax E-Mail
Space James D. Gotz +1 617 424 9100 +1 617 424 9120 jgotz@kreindler.com
Space Anthony Tarricone , +1 617 424 9100 +1 617 424 9120 Srusso@kreindler.com
No Logo Mark Allen, Plaintiff

Toggle Switch Represented by Brent Coon & Associates

Name Phone Fax E-Mail
Space Michael R. Hugo +1 617 973 9777 +1 617 227 4006 carley.galloway@bcoonlaw.com

Toggle Switch Represented by Kreindler & Kreindler LLP

Name Phone Fax E-Mail
Space James D. Gotz +1 617 424 9100 +1 617 424 9120 jgotz@kreindler.com
Space Anthony Tarricone , +1 617 424 9100 +1 617 424 9120 Srusso@kreindler.com
v.
No Logo Martin Surfacing A Division of Southwest Recreation, Defendant

Toggle Switch Represented by Mullen & McGourty

Name Phone Fax E-Mail
Space Michael L. Mahoney +1 617 338 9200 +1 617 338 0225 mmahoney@m2esq.com
No Logo Ronald L. Glass, Defendant
No Logo Southwest Recreational Industries, Inc., Defendant

Toggle Switch Represented by Mullen & McGourty

Name Phone Fax E-Mail
Space Michael L. Mahoney +1 617 338 9200 +1 617 338 0225 mmahoney@m2esq.com
Office Worcester
Filed 3/16/2005
Jury Demand Both
Demand
Nature of Suit 360 - Personal Injury: Other
Cause Section 28 U.S.C. § 1332 Diversity-Wrongful Death
Jurisdiction Diversity
Disposition
County Worcester
Terminated
Origin 2
Reopened None
Lead Case None
Related Case
Other Court Case 04-0881A[Worcester Superior Court]
Def Custody Status
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Legal Document 71 Filed: 9/4/2008, Entered: 9/4/2008 Letter/request (non-motion)
Plaintiff's Letter/request (non-motion) from James Gotz, Esq. re Status Conference. (Gotz, James)
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    Legal Document (Payment Possibly Required) 70 Filed: 4/17/2008, Entered: 4/17/2008 TranscriptCourt Filing
    TRANSCRIPT of Daibert Hearing - Christine Oliver M.D. and Dean M. Hashimot M.D. held on January 9, 2008 before Judge Saylor. Court Reporter: Marianne Kusa-Ryll. The original transcripts are maintained by the Clerk's Office. Copies may be obtained by contacting the court reporter at 508/929-3399 or the Clerk's Office. (Scalfani, Deborah)
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      Legal Document (Payment Possibly Required) 69 Filed: 4/17/2008, Entered: 4/17/2008 TranscriptCourt Filing
      TRANSCRIPT of Daubert Hearing - William M. Ewing and Christine Oliver held on January 8, 2008 before Judge Saylor. Court Reporter: Marianne Kusa-Ryll. The original transcripts are maintained by the Clerk's Office. Copies may be obtained by contacting the court reporter at 508/929-3399 or the Clerk's Office. (Scalfani, Deborah)
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        Legal Document (Payment Possibly Required) 68 Filed: 2/11/2008, Entered: 2/11/2008 TranscriptCourt Filing
        TRANSCRIPT of Daubert Hearing (Richard W. Clapp and Marcia Ratner, ph.D.) held on January 7, 2008 before Judge Saylor. Court Reporter: Marianne Kusa-Ryll. The original transcripts are maintained by the Clerk's Office. Copies may be obtained by contacting the court reporter at 508/929-3399 or the Clerk's Office. (Scalfani, Deborah)
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          Legal Document (Payment Possibly Required) 67 Filed: 2/4/2008, Entered: 2/4/2008 TranscriptCourt Filing
          TRANSCRIPT of Daubert Hearing held on January 7, 2008 before Judge Saylor. Court Reporter: Marianne Kusa-Ryll. The original transcripts are maintained by the Clerk's Office. Copies may be obtained by contacting the court reporter at 508-929-3399 or the Clerk's Office. (Scalfani, Deborah)
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            Blank -- Filed: 1/18/2008, Entered: 1/18/2008 Order on Motion for Miscellaneous Relief
            Judge F. Dennis Saylor, IV: Electronic ORDER entered taking under advisement [53] Motion ; taking under advisement [55] Motion for Summary Judgment; taking under advisement [56] Motion for Summary Judgment; taking under advisement [57] Motion for Summary Judgment; taking under advisement [63] Motion to Strike. Motions were all taken under advisement at the conclusion of the Daubert hearings. (Castles, Martin)
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              Legal Document 65 Filed: 1/10/2008, Entered: 1/10/2008 Exhibit
              EXHIBIT to Daubert hearing used by Plaintiffs by Laura Allen(Individually). (Attachments: # (1) oliver powerpoint, # (2) ewing powerpoint)(Gotz, James)
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                Blank -- Filed: 1/10/2008, Entered: 1/10/2008 Daubert Hearing
                Electronic Clerk's Notes for proceedings held before Judge F. Dennis Saylor, IV: Daubert Hearing held on 1/10/2008. Case called, Counsel appear for Daubert hearing day 3, Witnesses Oliver and Hashimoto testify, Court takes matter under advisement, (Court Reporter: M. Kusa-Ryll.) (Castles, Martin)
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                  Blank -- Filed: 1/8/2008, Entered: 1/8/2008 Daubert Hearing
                  Electronic Clerk's Notes for proceedings held before Judge F. Dennis Saylor, IV: Daubert Hearing held on 1/8/2008, Case called, Counsel appear for Daubert hearing, Witnesses Ewing and Oliver give testimony,( Daubert Hearing continued to 1/9/2008 at 9:00AM in Courtroom 22 before Judge F. Dennis Saylor IV.). (Court Reporter: M. Kusa-Ryll.)(Attorneys present: Gotz,Hugo and Mahoney) (Castles, Martin) Modified on 1/9/2008 (Jones, Sherry).
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                    Blank -- Filed: 1/7/2008, Entered: 1/7/2008 Daubert Hearing
                    Electronic Clerk's Notes for proceedings held before Judge F. Dennis Saylor, IV: Daubert Hearing held on 1/7/2008, Case called, Counsel appear for Daubert hearing, Witnesses Clapp and Ratner give testimony, ( Daubert Hearing continued to 1/8/2008 at 9:00AM in Courtroom 2 before Judge F. Dennis Saylor IV.). (Court Reporter: M. Kusa-Ryll.)(Attorneys present: Gotz,Hugo and Mahoney) (Castles, Martin)
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                      Blank -- Filed: 1/4/2008, Entered: 1/4/2008 ~Notice (other)
                      ELECTRONIC NOTICE to counsel. The Daubert hearing scheduled for 1/7/08 will be held in the federal courthouse in Boston in courtroom #22. (Castles, Martin)
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                        Blank -- Filed: 1/3/2008, Entered: 1/3/2008 Status Conference
                        Electronic Clerk's Notes for proceedings held before Judge F. Dennis Saylor, IV: Status Conference held on 1/3/2008. Case called, Counsel appear by telephone for status conference, Court and parties discuss protocol for the scheduled Daubert Hearings commencing on 1/7/08. (Court Reporter: M. Kusa-Ryll.)(Attorneys present: Gotz, Hugo, McCallister, & Mahoney) (Castles, Martin)
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                          Blank -- Filed: 1/2/2008, Entered: 1/2/2008 Notice of Hearing.
                          ELECTRONIC NOTICE of Hearing: Status/telephone Conference set for 1/3/2008 at 11:00AM in Courtroom 2 before Judge F. Dennis Saylor IV. (Castles, Martin)
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                            Legal Document 64 Filed: 12/18/2007, Entered: 12/18/2007 Opposition to Motion
                            Opposition re [63] First MOTION to Strike Certiain Testimony of Christine Oliver filed by Laura Allen(Individually). (Attachments: # (1) Exhibit)(McCallister, Ian)
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                              Legal Document 63 Filed: 12/14/2007, Entered: 12/14/2007 Motion to Strike
                              First MOTION to Strike Certiain Testimony of Christine Oliver by Martin Surfacing A Division of Southwest Recreation.(Mahoney, Michael)
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                                Legal Document 62 Filed: 12/14/2007, Entered: 12/14/2007 Reply to Response to Motion
                                REPLY to Response to Motion re [59] MOTION for Leave to File Excess Pages for Omnibus Daubert Opposition, [53] MOTION To Fully Include Plaintiffs' Experts' Causation Opinions At Trial, [56] Second MOTION for Summary Judgment, [55] First MOTION for Summary Judgment, [57] Third MOTION for Summary Judgment filed by Martin Surfacing A Division of Southwest Recreation. (Mahoney, Michael)
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                                  Legal Document 61 Filed: 12/13/2007, Entered: 12/13/2007 Letter/request (non-motion)
                                  Joint Letter/request (non-motion) from James Gotz re Daubert hearing protocol. (Gotz, James)
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                                    Legal Document 60 Filed: 12/3/2007, Entered: 12/3/2007 Notice of Appearance/
                                    NOTICE of Appearance by Ian N. McCallister on behalf of Laura Allen(Individually) (McCallister, Ian)
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                                      Legal Document 59 Filed: 12/3/2007, Entered: 12/3/2007, Terminated: 12/3/2007 Motion for Leave to File Excess Pages
                                      MOTION for Leave to File Excess Pages for Omnibus Daubert Opposition by Mark Allen, Laura Allen(Individually), Laura Allen(Individually and as administratrix of the Estate of the late Dan Allen and next friend of Taylor Allen, Danielle Allen and Mark Allen).(Gotz, James)
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                                        Legal Document 58 Filed: 12/3/2007, Entered: 12/3/2007 Memorandum in Opposition to Motion
                                        MEMORANDUM in Opposition re [56] Second MOTION for Summary Judgment, [55] First MOTION for Summary Judgment, [57] Third MOTION for Summary Judgment filed by Mark Allen, Laura Allen(Individually), Laura Allen(Individually and as administratrix of the Estate of the late Dan Allen and next friend of Taylor Allen, Danielle Allen and Mark Allen). (Attachments: # (1) Exhibit One# (2) Exhibit Two)(Gotz, James)
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                                          Blank -- Filed: 12/3/2007, Entered: 12/3/2007 Order on Motion for Leave to File Excess Pages
                                          Judge F. Dennis Saylor IV: Electronic ORDER entered granting [59] Motion for Leave to File Excess Pages. (Castles, Martin)
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                                            Legal Document 57 Filed: 11/1/2007, Entered: 11/1/2007 Motion for Summary Judgment
                                            Third MOTION for Summary Judgment by Martin Surfacing A Division of Southwest Recreation. (Attachments: # (1) Exhibit # (2) Exhibit # (3))(Mahoney, Michael) Additional attachment(s) added on 11/2/2007 (Hassett, Kathy).
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                                              Legal Document 56 Filed: 11/1/2007, Entered: 11/1/2007 Motion for Summary Judgment
                                              Second MOTION for Summary Judgment by Martin Surfacing A Division of Southwest Recreation.(Mahoney, Michael) Additional attachment(s) added on 11/2/2007 (Hassett, Kathy).
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                                                Legal Document 55 Filed: 11/1/2007, Entered: 11/1/2007 Motion for Summary Judgment
                                                First MOTION for Summary Judgment by Martin Surfacing, Inc..(Mahoney, Michael)
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                                                  Legal Document 54 Filed: 11/1/2007, Entered: 11/1/2007 Memorandum in Support of Motion
                                                  MEMORANDUM in Support re [53] MOTION To Fully Include Plaintiffs' Experts' Causation Opinions At Trial filed by Mark Allen, Laura Allen(Individually), Laura Allen(Individually and as administratrix of the Estate of the late Dan Allen and next friend of Taylor Allen, Danielle Allen and Mark Allen). (Attachments: # (1) Tab 1 - Ratner CV# (2) Tab 2a - Ratner Report# (3) Tab 2b - Ratner supp report# (4) Tab 3 - Oliver CV# (5) Tab 4 - Oliver Report# (6) Tab 5 - Ewing CV# (7) Tab 6 - Ewing Report# (8) Tab 7 - Clapp CV# (9) Tab 8 - Clapp Report# (10) Tab 9 - Hashimoto Report# (11) Tab 10 - Hashimoto supp report# (12) Tab 11 - Bacchia Aff# (13) Tab 12 - Bradley Aff# (14) Tab 13 - Napolitano Aff# (15) Tab 14 - Crecilius Aff)(Gotz, James)
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                                                    Legal Document 53 Filed: 11/1/2007, Entered: 11/1/2007 Motion for Miscellaneous Relief
                                                    MOTION To Fully Include Plaintiffs' Experts' Causation Opinions At Trial by Mark Allen, Laura Allen(Individually), Laura Allen(Individually and as administratrix of the Estate of the late Dan Allen and next friend of Taylor Allen, Danielle Allen and Mark Allen).(Gotz, James)
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                                                      Blank -- Filed: 11/1/2007, Entered: 11/1/2007 Notice of Rescheduling
                                                      ELECTRONIC NOTICE OF RESCHEDULING:Daubert Hearing reset for Monday 1/7/2008 at 9:00AM in Courtroom 2 before Judge F. Dennis Saylor IV. (Castles, Martin)
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                                                        Blank -- Filed: 10/30/2007, Entered: 10/30/2007 Notice of correction to docket made by Court staff.
                                                        Notice of correction to docket made by Court staff. Correction: document #52 corrected because: Date and attorney information on document incorrect, Counsel emailed corrected document for Court to substitute. (Hassett, Kathy)
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                                                          Legal Document 52 Filed: 10/29/2007, Entered: 10/29/2007 Amended Complaint
                                                          Third AMENDED COMPLAINT against all defendants, filed by Laura Allen(Individually).(Hugo, Michael) Additional attachment(s) added on 10/30/2007 (Hassett, Kathy).
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                                                            Blank -- Filed: 9/20/2007, Entered: 9/20/2007 Status Conference
                                                            Electronic Clerk's Notes for proceedings held before Judge F. Dennis Saylor IV: Status Conference held on 9/20/2007. Case called, Counsel appear by telephone for status conference, Court extends motion filing date, Hearing on Daubert motions set:Daubert Motions due by 11/1/2007, Responses due 12/1/07, Replies due 12/15/07, Daubert Hearing set for Wednesday 1/16/2008 at 9:00AM in Courtroom 2 before Judge F. Dennis Saylor IV. (Court Reporter M. Kusa-Ryll.) (Castles, Martin)
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                                                              Blank -- Filed: 4/4/2007, Entered: 4/4/2007 Status Conference
                                                              ElectronicClerk's Notes for proceedings held before Judge F. Dennis Saylor IV: Status Conference held on 4/4/2007. Case called, Counsel appear by telephone for status conference, Parties inform court of status of discovery, Court adopts parties proposed expert and motion scheduled, Court sets further status conference: Status Conference set for Thursday 9/20/2007 at 2:30PM in Courtroom 2 before Judge F. Dennis Saylor IV. (Court Reporter M. Kusa-Ryll.) (Castles, Martin)
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                                                                Legal Document 50 Filed: 4/2/2007, Entered: 4/2/2007 Letter/request (non-motion)
                                                                Letter/request (non-motion) from all parties re proposed expert discovery schedule. (Gotz, James)
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                                                                  Blank -- Filed: 1/10/2007, Entered: 1/10/2007 Status Conference
                                                                  ElectronicClerk's Notes for proceedings held before Judge F. Dennis Saylor IV: Status Conference held on 1/10/2007. Case called, Counsel appear by telephone for status conference, Parties inform Court of status of discovery, Court sets new fact discovery deadline and a further status conference:Fact Discovery to be completed by 3/30/2007. Status Conference set for 4/4/2007 at 2:00PM in Courtroom 2 before Judge F. Dennis Saylor IV. (Court Reporter M. Kusa-Ryll.) (Castles, Martin)
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                                                                    Blank -- Filed: 1/4/2007, Entered: 1/4/2007 Notice of Hearing.
                                                                    ELECTRONIC NOTICE of Hearing: Status/telephone Conference reset for Wednesday 1/10/2007 at 10:00AM in Courtroom 2 before Judge F. Dennis Saylor IV. (Parties are to inform the Clerk of the telephone number they wish to participate from.)(Castles, Martin)
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                                                                      Blank -- Filed: 12/1/2006, Entered: 12/1/2006 Order on Motion for Leave to Appear
                                                                      Judge F. Dennis Saylor IV: Electronic ORDER entered granting [49] Motion for Leave to Appear Pro Hac Vice. Added Alan Bell for Laura Allen (Castles, Martin)
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                                                                        Blank -- Filed: 11/30/2006, Entered: 11/30/2006 Filing Fee/Payment Received
                                                                        Filing fee: $ 50.00, receipt number 404960 for [49] MOTION for Leave to Appear Pro Hac Vice for admission of Alan Bell, Esq. (Hassett, Kathy)
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                                                                          Blank -- Filed: 11/28/2006, Entered: 11/28/2006 Status Conference
                                                                          ElectronicClerk's Notes for proceedings held before Judge F. Dennis Saylor IV: Status Conference held on 11/28/2006. Case called, Counsel appear for status conference by telephone, Parties inform court of the difficulties with completing discovery, Court will stay interm discovery deadlines, Court sets further status conference: Status Conference set for Friday 1/12/2007 at 2:30PM in Courtroom 2 before Judge F. Dennis Saylor IV. (Court Reporter J. Gibbons.) (Castles, Martin) Modified on 11/28/2006 (Castles, Martin).
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                                                                            Legal Document 49 Filed: 11/27/2006, Entered: 11/27/2006, Terminated: 12/1/2006 Motion for Leave to Appear Pro Hac Vice
                                                                            MOTION for Leave to Appear Pro Hac Vice for admission of Alan Bell, Esq. by Laura Allen(Individually). (Attachments: # (1) Affidavit Affidavit of Alan Bell, Esq.# (2) Certificate of Good Standing)(Gotz, James)
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                                                                              Legal Document 48 Filed: 11/27/2006, Entered: 11/27/2006 Notice of Appearance/
                                                                              NOTICE of Appearance by James D. Gotz on behalf of all plaintiffs (Gotz, James) Additional attachment(s) added on 11/28/2006 (Hassett, Kathy).
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                                                                                Blank -- Filed: 10/24/2006, Entered: 10/24/2006 Notice of correction to docket made by Court staff.
                                                                                Notice of correction to docket made by Court staff. Correction: document #46 corrected because: incorrectly docketed; attorney changed firms; is not withdrawing. (Hassett, Kathy)
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                                                                                  Legal Document 47 Filed: 10/23/2006, Entered: 10/23/2006 Notice of Appearance/
                                                                                  NOTICE of Change of Address by Anthony Tarricone on behalf of Laura Allen(Individually) (Attachments: # (1) Certificate of service)(Tarricone, Anthony) Additional attachment(s) added on 10/24/2006 (Hassett, Kathy).
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                                                                                    Legal Document 46 Filed: 10/23/2006, Entered: 10/23/2006 Notice of Withdrawal of Appearance
                                                                                    First NOTICE of Withdrawal of Appearance by Anthony Tarricone (Attachments: # (1) # (2))(Tarricone, Anthony) Additional attachment(s) added on 10/24/2006 (Hassett, Kathy).
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                                                                                      Legal Document 45 Filed: 10/16/2006, Entered: 10/16/2006 TranscriptCourt Filing
                                                                                      TRANSCRIPT of telephone conference Proceedings held on September 27, 2006 before Judge F. Dennis Saylor, IV. Court Reporter: Marianne Kusa-Ryll. Digital Recording: n. The original transcripts are maintained in the case file in the Clerk's Office. Copies may be obtained by contacting the court reporter or the Clerk's Office. (Jones, Sherry)
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                                                                                        Blank -- Filed: 9/29/2006, Entered: 9/29/2006 Notice of Hearing.
                                                                                        ELECTRONIC NOTICE of Hearings: Status Conference set for 11/28/2006 at 2:00PM in Courtroom 2 before Judge F. Dennis Saylor IV and the Status Conference originally set in the scheduling order for 3/2/2007 at 3:00PM is still set on the courts calendar. (Castles, Martin)
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                                                                                          Blank -- Filed: 9/27/2006, Entered: 9/27/2006 Status Conference
                                                                                          ElectronicClerk's Notes for proceedings held before Judge F. Dennis Saylor IV: Status Conference held on 9/27/2006. Case called, counsel (Hugo & Mahoney) appear by phone. Discusses discovery issues, case continued for further status conference on November 28, 2006 @ 2:00 p.m. (Court Reporter Marianne Kusa-Ryll.) (Jones, Sherry)
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                                                                                            Legal Document 44 Filed: 7/7/2006, Entered: 7/7/2006 Disclosure pursuant to Rule 26
                                                                                            Disclosure pursuant to Rule 26 by Southwest Recreational Industries, Inc., Martin Surfacing A Division of Southwest Recreation.(Mahoney, Michael)
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                                                                                              Legal Document 43 Filed: 6/27/2006, Entered: 6/27/2006 Disclosure pursuant to Rule 26
                                                                                              Disclosure pursuant to Rule 26 by all plaintiffs.(Tarricone, Anthony)
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                                                                                                Legal Document 42 Filed: 6/5/2006, Entered: 6/5/2006 Answer to Amended Complaint
                                                                                                ANSWER to Amended Complaint by Southwest Recreational Industries, Inc..(Mahoney, Michael)
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                                                                                                  Legal Document 41 Filed: 6/2/2006, Entered: 6/2/2006 Notice of Appearance/
                                                                                                  NOTICE of Appearance by Michael L. Mahoney on behalf of Southwest Recreational Industries, Inc., Martin Surfacing A Division of Southwest Recreation (Mahoney, Michael)
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                                                                                                    Legal Document 40 Filed: 6/2/2006, Entered: 6/2/2006 Scheduling OrderCourt Filing
                                                                                                    Judge F. Dennis Saylor IV: ORDER entered. SCHEDULING ORDER: Case Management Conference set for 9/27/2006 03:00 PM in Courtroom 2 before Judge F. Dennis Saylor IV. Status Conference set for 3/2/2007 03:00 PM in Courtroom 2 before Judge F. Dennis Saylor IV. Discovery to be completed by 2/28/2007. Motions due by 6/30/2007.(Castles, Martin)
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                                                                                                      Blank -- Filed: 6/1/2006, Entered: 6/2/2006 Order on Motion to Amend
                                                                                                      Judge F. Dennis Saylor IV: Electronic ORDER entered in open court granting [38] Motion to Amend complaint. (Plaintiff's counsel is to now e-file the amended complaint that leave to file was granted) (Castles, Martin)
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                                                                                                        Blank -- Filed: 6/1/2006, Entered: 6/2/2006 Scheduling Conference
                                                                                                        ElectronicClerk's Notes for proceedings held before Judge F. Dennis Saylor IV: Scheduling Conference held on 6/1/2006. Case called, Counsel appear by telephone for scheduling conference, Scheduling order to issue. (Court Reporter M. Kusa-Ryll.) (Castles, Martin)
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                                                                                                          Legal Document 39 Filed: 5/31/2006, Entered: 5/31/2006 Proposed Document(s) submitted
                                                                                                          Proposed Document(s) submitted by Laura Allen(Individually), Laura Allen(Individually and as administratrix of the Estate of the late Dan Allen and next friend of Taylor Allen, Danielle Allen and Mark Allen). Document received: Plaintiffs' Third Proposed Scheduling Order. (Hugo, Michael)
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                                                                                                            Legal Document 38 Filed: 5/31/2006, Entered: 5/31/2006, Terminated: 6/1/2006 Motion to Amend
                                                                                                            Third MOTION to Amend Complaint by Laura Allen(Individually), Laura Allen(Individually and as administratrix of the Estate of the late Dan Allen and next friend of Taylor Allen, Danielle Allen and Mark Allen). (Attachments: # (1) Exhibit Third Amended Complaint)(Hugo, Michael)
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                                                                                                              Blank -- Filed: 5/22/2006, Entered: 5/22/2006 Summons Issued
                                                                                                              Summons Issued as to Ronald L. Glass. (Hassett, Kathy)
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                                                                                                                Blank -- Filed: 5/12/2006, Entered: 5/12/2006 Scheduling Conference
                                                                                                                ElectronicClerk's Notes for proceedings held before Judge F. Dennis Saylor IV: Scheduling Conference held on 5/12/2006. Case called, Counsel appear for scheduling conference, Court continues scheduling conference, Dft's counsel appearing for the first time this date, Court orders plaintiff to file Second amended complaint by 6/1/06, Scheduling Conference reset for Thursday 6/1/2006 at 4:00PM in Courtroom 2 before Judge F. Dennis Saylor IV. (Counsel may appear by telephone provided they inform the Clerk at least one day before hearing of their intent)(Court Reporter Taryn Gutoff.) (Castles, Martin)
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                                                                                                                  Legal Document 37 Filed: 5/11/2006, Entered: 5/11/2006 Proposed Document(s) submitted
                                                                                                                  Proposed Document(s) submitted by Laura Allen(Individually), Laura Allen(Individually and as administratrix of the Estate of the late Dan Allen and next friend of Taylor Allen, Danielle Allen and Mark Allen). Document received: Plaintiff's Second Proposed Scheduling Order. (Hugo, Michael)
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                                                                                                                    Legal Document 36 Filed: 5/8/2006, Entered: 5/8/2006 Stipulation of Dismissal
                                                                                                                    STIPULATION of Dismissal as to Seaton by Laura Allen(Individually), Laura Allen(Individually and as administratrix of the Estate of the late Dan Allen and next friend of Taylor Allen, Danielle Allen and Mark Allen). (Hugo, Michael)
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                                                                                                                      Legal Document 35 Filed: 5/4/2006, Entered: 5/4/2006 Amended Complaint
                                                                                                                      AMENDED COMPLAINT against Southwest Recreational Industries, Inc., Reed J. Seaton, Robert N. Wolesensky, Jr, Dynamic Sports Construction, Inc., Does, Martin Surfacing, Inc., Martin Surfacing A Division of Southwest Recreation, Ronald Ryba, filed by Laura Allen(Individually), Laura Allen(Individually and as administratrix of the Estate of the late Dan Allen and next friend of Taylor Allen, Danielle Allen and Mark Allen).(Hugo, Michael)
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                                                                                                                        Blank -- Filed: 5/3/2006, Entered: 5/3/2006 Order on Motion to Amend
                                                                                                                        Judge F. Dennis Saylor IV: Electronic ORDER entered granting [34] Motion to Amend complaint. Plaintiff is to electronically file second amended complaint now that leave has been granted. (Castles, Martin)
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                                                                                                                          Legal Document 34 Filed: 4/27/2006, Entered: 4/27/2006, Terminated: 5/3/2006 Motion to Amend
                                                                                                                          First MOTION to Amend Complaint by Laura Allen(Individually), Laura Allen(Individually and as administratrix of the Estate of the late Dan Allen and next friend of Taylor Allen, Danielle Allen and Mark Allen). (Attachments: # (1) Exhibit Exhibit A)(Hugo, Michael)
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                                                                                                                            Legal Document 33 Filed: 4/27/2006, Entered: 4/27/2006 Stipulation of Dismissal
                                                                                                                            STIPULATION of Dismissal by Laura Allen(Individually), Laura Allen(Individually and as administratrix of the Estate of the late Dan Allen and next friend of Taylor Allen, Danielle Allen and Mark Allen). (Hugo, Michael)
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                                                                                                                              Legal Document 32 Filed: 4/27/2006, Entered: 4/27/2006 Stipulation
                                                                                                                              STIPULATION by Laura Allen(Individually), Laura Allen(Individually and as administratrix of the Estate of the late Dan Allen and next friend of Taylor Allen, Danielle Allen and Mark Allen). (Hugo, Michael)
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                                                                                                                                Blank -- Filed: 3/31/2006, Entered: 3/31/2006 Set/Reset Hearings
                                                                                                                                Set/Reset Hearings: Status Conference set for 5/12/2006 02:00 PM in Courtroom 2 before Judge F. Dennis Saylor IV. (Jones, Sherry)
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                                                                                                                                  Blank -- Filed: 3/31/2006, Entered: 3/31/2006 Status Conference
                                                                                                                                  ElectronicClerk's Notes for proceedings held before Judge F. Dennis Saylor IV: Status Conference held on 3/31/2006. Case called, counsel (Tarricone, Hugo, Sullivan in person and Barr by phone) appear. Case continued for further status confernece. Status conference set for 5/12/06 @ 2:00 p.m. (Court Reporter Marianne Kusa-Ryll.) (Jones, Sherry)
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                                                                                                                                    Legal Document 31 Filed: 3/30/2006, Entered: 3/30/2006 Disclosure pursuant to Rule 26
                                                                                                                                    Disclosure pursuant to Rule 26 by Robert N. Wolesensky, Jr. (Attachments: # (1) Exhibit A)(Notis, Gareth)
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                                                                                                                                      Legal Document 30 Filed: 2/21/2006, Entered: 2/21/2006 TranscriptCourt Filing
                                                                                                                                      TRANSCRIPT of Motion Hearing Proceedings held on 2/15/06 before Judge F. Dennis Saylor. Court Reporter: Marianne Kusa-Ryll. The original transcripts are maintained in the case file in the Clerk's Office. Copies may be obtained by contacting the court reporter or the Clerk's Office. (Hassett, Kathy)
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                                                                                                                                        Blank -- Filed: 2/15/2006, Entered: 2/15/2006 Add and Terminate Judges
                                                                                                                                        Judge Charles B. Swartwood no longer assigned to case. (Castles, Martin)
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                                                                                                                                          Blank -- Filed: 2/15/2006, Entered: 2/15/2006 Order on Motion to Stay
                                                                                                                                          Judge F. Dennis Saylor IV: Electronic ORDER entered in open court this date granting in part and denying in part [24] Motion to Stay, denying [15] Motion to Compel, denying [18] Motion for Protective Order, denying [19] Motion for Protective Order, denying [21] Motion for Protective Order. (Castles, Martin)
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                                                                                                                                            Blank -- Filed: 2/15/2006, Entered: 2/15/2006 Motion Hearing
                                                                                                                                            ElectronicClerk's Notes for proceedings held before Judge F. Dennis Saylor IV: Motion Hearing held on 2/15/2006 re [24] MOTION to Stay and for Relief from Court-Imposed Deadlines filed by Laura Allen, Case called, Counsel appear for motion hearing, Court hears arguments of counsel, Court grants in part and denies in part motion for stay, Court sets further status conference, Parties inform court that other pending motions are now moot, Court will deny motions without prejudice,. Status Conference set for Friday 3/31/2006 at 2:00PM in Courtroom 2 before Judge F. Dennis Saylor IV. (Court Reporter M. Kusa-Ryll.) (Castles, Martin)
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                                                                                                                                              Legal Document 29 Filed: 2/14/2006, Entered: 2/14/2006 Proposed Document(s) submitted
                                                                                                                                              Proposed Document(s) submitted by Laura Allen(Individually). Document received: Plaintiffs Proposed Scheduling Order. (Hugo, Michael)
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                                                                                                                                                Legal Document 28 Filed: 2/13/2006, Entered: 2/13/2006 Response to Motion
                                                                                                                                                OPPOSITION to Motion re [24] MOTION to Stay and for Relief from Court-Imposed Deadlines filed by Reed J. Seaton. (Noone, Joseph) Modified on 2/13/2006 (Hassett, Kathy).
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                                                                                                                                                  Blank -- Filed: 2/10/2006, Entered: 2/10/2006 set/reset motion and R&R; deadlines/hearings
                                                                                                                                                  NOTICE OF HEARING: Set HEARING as to [24] MOTION to Stay and for Relief from Court-Imposed Deadlines. Motion Hearing set for Wednesday 2/15/2006 at 11:30AM in Courtroom 2 before Judge F. Dennis Saylor IV. (Castles, Martin)
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                                                                                                                                                    Blank -- Filed: 2/10/2006, Entered: 2/10/2006 Order on Motion to Withdraw as Attorney
                                                                                                                                                    Judge F. Dennis Saylor IV: Electronic ORDER entered granting [23] Motion to Withdraw as Attorney. Successor counsel having entered an appearance, the motion to withdraw is granted. (Castles, Martin) Modified on 2/10/2006 (Hassett, Kathy).
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                                                                                                                                                      Legal Document 27 Filed: 2/9/2006, Entered: 2/9/2006 Notice of Appearance/
                                                                                                                                                      NOTICE of Appearance by Michael R. Hugo on behalf of Laura Allen(Individually), Laura Allen(Individually and as administratrix of the Estate of the late Dan Allen and next friend of Taylor Allen, Danielle Allen and Mark Allen) (Shattuck, Deborah)
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                                                                                                                                                        Blank -- Filed: 2/9/2006, Entered: 2/9/2006 Notice of correction to docket made by Court staff.
                                                                                                                                                        Notice of correction to docket made by Court staff. Correction: document #25 corrected because: incorrect event chosen. (Hassett, Kathy)
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                                                                                                                                                          Legal Document 26 Filed: 2/8/2006, Entered: 2/8/2006 Affidavit in Support
                                                                                                                                                          AFFIDAVIT in Support Motion to Stay and Relief from Court-Imposed Deadlines. (Tarricone, Anthony)
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                                                                                                                                                            Legal Document 25 Filed: 2/8/2006, Entered: 2/8/2006 Addendum to Motion/Memorandum
                                                                                                                                                            Memorandum in Support [24] MOTION to Stay and for Relief from Court-Imposed Deadlines (Memorandum of Law) filed by Laura Allen(Individually). (Tarricone, Anthony) Modified on 2/9/2006 (Hassett, Kathy).
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                                                                                                                                                              Legal Document 24 Filed: 2/8/2006, Entered: 2/8/2006, Terminated: 2/15/2006 Motion to Stay
                                                                                                                                                              MOTION to Stay and for Relief from Court-Imposed Deadlines by Laura Allen(Individually).(Tarricone, Anthony)
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                                                                                                                                                                Legal Document 23 Filed: 2/1/2006, Entered: 2/1/2006, Terminated: 2/10/2006 Motion to Withdraw as Attorney
                                                                                                                                                                MOTION to Withdraw as Attorney by Laura Allen(Individually).(Bonsignore, Robert)
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                                                                                                                                                                  Blank -- Filed: 1/25/2006, Entered: 1/25/2006 Order Referring Motion
                                                                                                                                                                  Judge F. Dennis Saylor IV: Electronic ORDER entered REFERRING MOTION [18] MOTION for Protective Order filed by Reed J. Seaton, [19] MOTION for Protective Order filed by Reed J. Seaton, [21] MOTION for Protective Order As to Plaintiffs' Notice of Taking Depositions by Defendants Dynamic Sports Construction, Inc. and filed by Robert N. Wolesensky, Jr. to Magistrate Judge Charles B. Swartwood(Castles, Martin) Modified on 1/26/2006 (Hassett, Kathy).
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                                                                                                                                                                    Legal Document 22 Filed: 1/18/2006, Entered: 1/18/2006 ~Notice (other)
                                                                                                                                                                    NOTICE by Robert N. Wolesensky, Jr of Law Firm Merger (Notis, Gareth)
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                                                                                                                                                                      Legal Document 21 Filed: 1/18/2006, Entered: 1/18/2006, Terminated: 2/15/2006 Motion for Protective Order
                                                                                                                                                                      MOTION for Protective Order As to Plaintiffs' Notice of Taking Depositions by Defendants Dynamic Sports Construction, Inc. and by Robert N. Wolesensky, Jr. (Attachments: # (1) Exhibit A)(Notis, Gareth)
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                                                                                                                                                                        Legal Document 20 Filed: 1/3/2006, Entered: 1/3/2006 Notice regarding mandatory use of ECF
                                                                                                                                                                        NOTICE issued to Attorney P. Douglas Barr and James T. Sullivan regarding mandatory use of ECF in compliance with Local Rule 5.4. Failure to comply may result in the imposition of sanctions. (Hassett, Kathy)
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                                                                                                                                                                          Legal Document 19 Filed: 12/30/2005, Entered: 12/30/2005, Terminated: 2/15/2006 Motion for Protective Order
                                                                                                                                                                          MOTION for Protective Order as to Plaintiff's Interrogatories directed to Defendant by Reed J. Seaton, c/s. (Attachments: # (1) Exhibits)(Hassett, Kathy)
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                                                                                                                                                                            Legal Document 18 Filed: 12/30/2005, Entered: 12/30/2005, Terminated: 2/15/2006 Motion for Protective Order
                                                                                                                                                                            MOTION for Protective Order as to Plaintiff's Notice of Taking Depostion by Reed J. Seaton, c/s.(Hassett, Kathy)
                                                                                                                                                                              LREF
                                                                                                                                                                              Legal Document 17 Filed: 12/19/2005, Entered: 12/19/2005 Objection
                                                                                                                                                                              Objection to [6] State Court Record, request for entry of default, by Dynamic Sports Construction, Inc., c/s. (Jones, Sherry)
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                                                                                                                                                                                Blank -- Filed: 12/15/2005, Entered: 12/15/2005 Order Referring Motion
                                                                                                                                                                                Judge F. Dennis Saylor IV: Electronic ORDER entered. REFERRING MOTION [15] MOTION to Compel filed by Reed J. Seaton, to Magistrate Judge Charles B. Swartwood.(Castles, Martin)
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                                                                                                                                                                                  Legal Document 16 Filed: 12/14/2005, Entered: 12/14/2005 Opposition to Motion
                                                                                                                                                                                  Opposition re [15] MOTION to Compel filed by Laura Allen(Individually), Laura Allen(Individually and as administratrix of the Estate of the late Dan Allen and next friend of Taylor Allen, Danielle Allen and Mark Allen), c/s. (Hassett, Kathy)
                                                                                                                                                                                    LREF
                                                                                                                                                                                    Legal Document 15 Filed: 12/2/2005, Entered: 12/2/2005, Terminated: 2/15/2006 Motion to Compel
                                                                                                                                                                                    MOTION to Compel by Reed J. Seaton, c/s.(Jones, Sherry)
                                                                                                                                                                                      LREF
                                                                                                                                                                                      Legal Document 14 Filed: 12/2/2005, Entered: 12/2/2005 Objection
                                                                                                                                                                                      Objection to Plaintiff's request for entry of default against Martin Surfacing, Inc. and Martin Surfacing a Division of Southwest Recreation re: [6] State Court Record, by Reed J. Seaton, c/s. (Jones, Sherry)
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                                                                                                                                                                                        Legal Document 13 Filed: 9/19/2005, Entered: 9/19/2005 Scheduling OrderCourt Filing
                                                                                                                                                                                        Judge F. Dennis Saylor IV: ORDER entered. SCHEDULING ORDER: Status Conference set for 3/8/2006 03:00 PM in Courtroom 2 before Judge F. Dennis Saylor IV. Amended Pleadings due by 1/13/2006. Joinder of Parties due by 1/13/2006. Motions due by 1/13/2006.(Castles, Martin)
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                                                                                                                                                                                          Blank -- Filed: 9/16/2005, Entered: 9/16/2005 Scheduling Conference
                                                                                                                                                                                          Electronic Clerk's Notes for proceedings held before Judge F. Dennis Saylor IV: Scheduling Conference held on 9/16/2005. Case called, Counsel for plainitff appears by telephone, Counsel for dfts appear at conference, Court and parties discuss status of case and who are the proper parties in the case, Court gives oral order on discovery and motion practice, Written order to issue. (Court Reporter D. Tarallo.) (Castles, Martin)
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                                                                                                                                                                                            Legal Document 12 Filed: 9/14/2005, Entered: 9/14/2005 Document disclosure
                                                                                                                                                                                            Document disclosure by Robert N. Wolesensky, Jr, Dynamic Sports Construction, Inc..(MacPhee, Lee)
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                                                                                                                                                                                              Legal Document 11 Filed: 8/24/2005, Entered: 8/24/2005 Joint statement re scheduling conference
                                                                                                                                                                                              JOINT STATEMENT re scheduling conference. (MacPhee, Lee)
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                                                                                                                                                                                                Blank -- Filed: 8/24/2005, Entered: 8/24/2005 Notice of correction to docket made by Court staff.
                                                                                                                                                                                                Notice of correction to docket made by Court staff. Correction: document #11 corrected because: filed as a certification, should be joint statement re scheduling conference, attorney will refile (Hassett, Kathy)
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                                                                                                                                                                                                  Blank -- Filed: 8/23/2005, Entered: 8/23/2005 Certification pursuant to Local Rule 16.1
                                                                                                                                                                                                  Joint CERTIFICATION pursuant to Local Rule 16.1 (D)(1) and (D)(2) of the Defendants, Reed J. Seaton, Robert M. Wolesensky, Jr., and Dynamic Sports Construction, Inc. by Robert N. Wolesensky, Jr.(MacPhee, Lee)
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                                                                                                                                                                                                    Blank -- Filed: 8/22/2005, Entered: 8/22/2005 E-mail Notice Returned
                                                                                                                                                                                                    E-Mail Notice re document disclosure, set/reset hearings, document #10, order on motion to continue originally issued on 8/18/05 returned as undeliverable. Name of Addressee: Robert Bonsignore. Court contacted attorney's office, previously attempted correction; will contact ECF help desk. (Hassett, Kathy)
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                                                                                                                                                                                                      Legal Document 10 Filed: 8/18/2005, Entered: 8/18/2005, Terminated: 8/18/2005 Motion to Continue
                                                                                                                                                                                                      MOTION to Continue scheduling conference for two weeks by Reed J. Seaton, c/s.(Jones, Sherry)
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                                                                                                                                                                                                        Blank -- Filed: 8/18/2005, Entered: 8/18/2005 Set/Reset Hearings
                                                                                                                                                                                                        Reset Hearing: Scheduling Conference reset for Friday 9/16/2005 at 11:00AM in Courtroom 2 before Judge F. Dennis Saylor IV. (Castles, Martin)
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                                                                                                                                                                                                          Blank -- Filed: 8/18/2005, Entered: 8/18/2005 Order on Motion to Continue
                                                                                                                                                                                                          Judge F. Dennis Saylor IV: Electronic ORDER entered granting [10] Motion to Continue. (Castles, Martin)
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                                                                                                                                                                                                            Legal Document 9 Filed: 8/5/2005, Entered: 8/5/2005 Document disclosure
                                                                                                                                                                                                            Initial disclosure by Laura Allen, c/s.(Jones, Sherry)
                                                                                                                                                                                                              LREF
                                                                                                                                                                                                              Blank -- Filed: 8/3/2005, Entered: 8/3/2005 E-mail Notice Returned
                                                                                                                                                                                                              E-Mail Notice re Notice of Scheduling Conference originally issued on 8/2/05 returned as undeliverable. Name of Addressee: Robert Bonsignore. Called attorney, account no longer used; assistant will delete this account, took ECF email phone number in case of problem. (Hassett, Kathy)
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                                                                                                                                                                                                                Legal Document 8 Filed: 8/2/2005, Entered: 8/2/2005 Notice of Scheduling ConferenceCourt Filing
                                                                                                                                                                                                                NOTICE of Scheduling Conference: Scheduling Conference set for 8/26/2005 at 3:00PM in Courtroom 2 before Judge F. Dennis Saylor IV. (Castles, Martin)
                                                                                                                                                                                                                  LREF
                                                                                                                                                                                                                  Blank -- Filed: 7/5/2005, Entered: 7/5/2005 E-mail Notice Returned
                                                                                                                                                                                                                  E-Mail Notice re #7 Initial Disclosure originally issued on 6/30/05 returned as undeliverable. Name of Addressee: Robert Bonsignore. Spoke with attorney assistant, attorney has two accounts listed, she will delete this one. Document successfully transmitted via other account. (Hassett, Kathy)
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                                                                                                                                                                                                                    Legal Document 7 Filed: 6/30/2005, Entered: 6/30/2005 Document disclosure
                                                                                                                                                                                                                    Initial disclosure by Reed J. Seaton, c/s.(Jones, Sherry)
                                                                                                                                                                                                                      LREF
                                                                                                                                                                                                                      Legal Document 6 Filed: 4/11/2005, Entered: 4/11/2005 state court record
                                                                                                                                                                                                                      STATE COURT Record. (Attachments: # (1) Complaint# (2) Motion to extend time# (3) Summons# (4) motion for default judgment# (5) # Motion to Amend Complaint (6) Amended Complaint# (7) Suggestion of bankruptcy# (8) Answer - Dynamic Sports Construction# (9) Answer - Robert Wolesensky, Jr.# (10) Notice of Removal)(Hassett, Kathy)
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                                                                                                                                                                                                                        Legal Document 5 Filed: 4/5/2005, Entered: 4/5/2005 Answer
                                                                                                                                                                                                                        ANSWER to Complaint with Jury Demand by Reed J. Seaton, c/s. (Attachments: # (1) Part 2 of the answer)(Jones, Sherry)
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                                                                                                                                                                                                                          Blank -- Filed: 4/5/2005, Entered: 4/5/2005 Letter sent to Attorney re inactive status.
                                                                                                                                                                                                                          Letter sent to Attorney James T. Sullivan advising of inactive status in the Bar of this Court. Notice, reregistration and ECF application included. (Jones, Sherry)
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                                                                                                                                                                                                                            Blank -- Filed: 4/4/2005, Entered: 4/4/2005 Order on Motion for Leave to Appear
                                                                                                                                                                                                                            Judge F. Dennis Saylor IV: Electronic ORDER entered granting [4] Motion for Leave to Appear Pro Hac Vice. Added P. Douglas Barr for Robert N. Wolesensky, Jr and Dynamic Sports Construction, Inc. (Castles, Martin)
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                                                                                                                                                                                                                              Blank -- Filed: 4/1/2005, Entered: 4/1/2005 Filing Fee/Payment Received
                                                                                                                                                                                                                              Filing fee: $ 50.00, receipt number 404546 regarding Pro hac vice of Douglas Barr. (Hassett, Kathy)
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                                                                                                                                                                                                                                Legal Document 4 Filed: 3/24/2005, Entered: 3/24/2005, Terminated: 4/4/2005 Motion for Leave to Appear Pro Hac Vice
                                                                                                                                                                                                                                MOTION for Leave to Appear Pro Hac Vice by P. Douglas Barr by Robert N. Wolesensky, Jr. (Attachments: # (1) Exhibit A)(Notis, Gareth)
                                                                                                                                                                                                                                  LREF
                                                                                                                                                                                                                                  Legal Document 3 Filed: 3/23/2005, Entered: 3/24/2005 ~Notice (other)
                                                                                                                                                                                                                                  NOTICE of Consent to Removal by Reed J. Seaton, c/s. (Hassett, Kathy)
                                                                                                                                                                                                                                    LREF
                                                                                                                                                                                                                                    Legal Document 2 Filed: 3/22/2005, Entered: 3/22/2005 ~Notice (other)
                                                                                                                                                                                                                                    NOTICE of Consent to Removal by Ronald Ryba. (Jones, Sherry)
                                                                                                                                                                                                                                      LREF
                                                                                                                                                                                                                                      Legal Document 1 Filed: 3/16/2005, Entered: 3/16/2005 Notice of Removal
                                                                                                                                                                                                                                      NOTICE OF REMOVAL by Robert N. Wolesensky, Jr, Dynamic Sports Construction, Inc. from Worcester Superior Court, case number 04-0881A. $ 250, receipt number 404532, filed by Robert N. Wolesensky, Jr, Dynamic Sports Construction, Inc.. (Attachments: # (1) Exhibit Part 1# (2) Exhibit Part 2# (3) Exhibit Part 3# (4) Exhibit Part 4# (5) Exhibit Part 5# (6) Exhibit Part 6# (7) Exhibit Part 7# (8) Exhibit Part 8# (9) Exhibit Part 9# (10) Exhibit Part 10# (11) Civil Cover Sheet)(Jones, Sherry)
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