Farm & Indust. Sup v. First Mercantile Tr.

Federal Civil Lawsuit Tennessee Western District Court, Case No. 2:02-cv-02946
District Judge Jon Phipps McCalla, presiding
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District Judge Jon Phipps McCalla
Last Updated January 12, 2019 at 10:25 PM EST (6.1 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo Corky's Bar-B-Que, Inc. Profit Sharing Plan and 401(k) Plan, Plaintiff

Represented by GLASSMAN WYATT TUTTLE & COX, P.C.

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Richard Glassman +1 901 527 4673 +1 901 521 0940 rglassman@gwtclaw.com

Represented by LARRY E. PARRISH, PC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED R. Douglas Hanson +1 615 259 3456 +1 615 726 5417 dhanson@kingballow.com

Represented by WATSON BURNS, LLC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED William F. Burns +1 901 529 7996 +1 901 529 7998 bburns@watsonburns.com

Represented by Zuckerman Spaeder LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Graeme Webster Bush +1 202 778 1800 +1 202 822 8106 gbush@zuckerman.com
No Logo GDI 401k Plan, Plaintiff

Represented by GLASSMAN WYATT TUTTLE & COX, P.C.

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Richard Glassman +1 901 527 4673 +1 901 521 0940 rglassman@gwtclaw.com

Represented by LARRY E. PARRISH, PC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED R. Douglas Hanson +1 615 259 3456 +1 615 726 5417 dhanson@kingballow.com

Represented by WATSON BURNS, LLC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED William F. Burns +1 901 529 7996 +1 901 529 7998 bburns@watsonburns.com
No Logo The Farm & Industrial Supply Company Inc. Profit Sharing Plan and 401(k) Plan, Plaintiff

Represented by GLASSMAN WYATT TUTTLE & COX, P.C.

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Richard Glassman +1 901 527 4673 +1 901 521 0940 rglassman@gwtclaw.com

Represented by LARRY E. PARRISH, PC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED R. Douglas Hanson +1 615 259 3456 +1 615 726 5417 dhanson@kingballow.com

Represented by WATSON BURNS, LLC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED William F. Burns +1 901 529 7996 +1 901 529 7998 bburns@watsonburns.com
v.
No Logo Bryan Scot Lenoir, Defendant

Represented by Glankler Brown, PLLC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Jeremy G. Alpert +1 901 525 1322 +1 901 525 2389 jalpert@glankler.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Saul C. Belz +1 901 525 1322 +1 901 525 2389 sbelz@glankler.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED R. Grattan Brown, Jr. +1 901 525 1322 +1 901 525 2389 gbrown@glankler.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Frank J Glankler, Jr +1 901 525 1322
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Larry H. Montgomery +1 901 525 1322 lmontgomery@glankler.com

Represented by Hunton & Williams LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Benjamin Franklin Johnson, IV +1 404 888 4000 bjohnson@hunton.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Sylvia K. Kochler +1 404 817 6000 skochler@hunton.com
No Logo First Mercantile Capital Management, Inc., Defendant

Represented by Glankler Brown, PLLC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Jeremy G. Alpert +1 901 525 1322 +1 901 525 2389 jalpert@glankler.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Saul C. Belz +1 901 525 1322 +1 901 525 2389 sbelz@glankler.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED R. Grattan Brown, Jr. +1 901 525 1322 +1 901 525 2389 gbrown@glankler.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Frank J Glankler, Jr +1 901 525 1322
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Larry H. Montgomery +1 901 525 1322 lmontgomery@glankler.com

Represented by SLETTO & ASSOCIATES

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED David L David L. White +1 651 452 9322
ATTORNEY TO BE NOTICED Mark A Mark A. Sletto +1 651 452 9322
No Logo First Mercantile Trust Company, Defendant

Represented by Glankler Brown, PLLC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Jeremy G. Alpert +1 901 525 1322 +1 901 525 2389 jalpert@glankler.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Saul C. Belz +1 901 525 1322 +1 901 525 2389 sbelz@glankler.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED R. Grattan Brown, Jr. +1 901 525 1322 +1 901 525 2389 gbrown@glankler.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Frank J Glankler, Jr +1 901 525 1322
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Larry H. Montgomery +1 901 525 1322 lmontgomery@glankler.com

Represented by SLETTO & ASSOCIATES

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED David L David L. White +1 651 452 9322
ATTORNEY TO BE NOTICED Mark A Mark A. Sletto +1 651 452 9322
No Logo Kenneth Bryan Lenoir, Defendant

Represented by Glankler Brown, PLLC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Jeremy G. Alpert +1 901 525 1322 +1 901 525 2389 jalpert@glankler.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Saul C. Belz +1 901 525 1322 +1 901 525 2389 sbelz@glankler.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED R. Grattan Brown, Jr. +1 901 525 1322 +1 901 525 2389 gbrown@glankler.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Frank J Glankler, Jr +1 901 525 1322
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Larry H. Montgomery +1 901 525 1322 lmontgomery@glankler.com

Represented by Hunton & Williams LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Benjamin Franklin Johnson, IV +1 404 888 4000 bjohnson@hunton.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Sylvia K. Kochler +1 404 817 6000 skochler@hunton.com
No Logo National Bank Of Commerce, Defendant

Represented by Glankler Brown, PLLC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Jeremy G. Alpert +1 901 525 1322 +1 901 525 2389 jalpert@glankler.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Saul C. Belz +1 901 525 1322 +1 901 525 2389 sbelz@glankler.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED R. Grattan Brown, Jr. +1 901 525 1322 +1 901 525 2389 gbrown@glankler.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Frank J Glankler, Jr +1 901 525 1322
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Larry H. Montgomery +1 901 525 1322 lmontgomery@glankler.com

Represented by Williams & Connolly, LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Katherine P. Chiarello +1 202 434 5000
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Steven M.. Farina +1 202 434 5000 +1 202 434 5029 sfarina@wc.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Matthew J Herrington +1 202 434 5000 +1 202 434 5061
LEAD ATTORNEY, ATTORNEY TO BE NOTICED John K. Villa +1 202 434 5000 +1 202 434 5029 jvilla@wc.com
No Logo National Commerce Financial Corporation, Defendant
Other Parties
No Logo Belmont Asset Management, Inc., Miscellaneous

Represented by THE BELMONT GROUP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED J. Russell McWilliams +1 214 520 7171
Attributes
Citation Section 29 U.S.C. § 1001
Nature of Suit 470 - Civil (RICO) Racketeer/Corrupt Organization
Timeline
  Entries (126) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 126 Filed: 2/5/2007, Entered: None Unknown Document Type
Mail Returned as Undeliverable in re 125 . Mail sent to Graeme Bush. (agj, ) (Entered: 02/08/2007)
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Legal Document (Payment Possibly Required) 125 Filed: 1/18/2007, Entered: None Unknown Document TypeCourt Filing
ORDER re 123 MOTION FOR DISTRIBUTION OF UNCLAIMED SETTLEMENT FUNDS filed by National Bank of Commerce,, First Mercantile Trust Company,, First Mercantile Capital Management, Inc.,, National Commerce Financial Corporation,, The Farm & Industrial Supply Company Inc. Profit Sharing Plan and 401(k) Plan,, GDI 401k Plan, . Signed by Judge Jon Phipps McCalla on 1/18/2007. (agj, ) (Entered: 01/18/2007)
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Legal Document (Payment Possibly Required) 124 Filed: 11/23/2005, Entered: None Unknown Document TypeCourt Filing
ORDER Disbursing Additional Funds. Court granted motion 123 . The unclaimed settlement funds not previously distributed ($1,000.00) is to be distributed to the American Red Cross designated for the Hurricane Katrina Victims' Fund. Signed by Judge Jon Phipps McCalla. (jae, ) (Entered: 11/28/2005)
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Legal Document (Payment Possibly Required) 123 Filed: 9/19/2005, Entered: None Unknown Document Type
JOINT MOTION FOR DISTRIBUTION OF UNCLAIMED SETTLEMENT FUNDS by The Farm & Industrial Supply Company Inc. Profit Sharing Plan and 401(k) Plan, GDI 401k Plan, First Mercantile Trust Company, National Bank of Commerce, First Mercantile Capital Management, Inc., National Commerce Financial Corporation. (jae, ) (Entered: 09/20/2005)
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Legal Document (Payment Possibly Required) 122 Filed: 9/19/2005, Entered: None Unknown Document TypeCourt Filing
ORDER: Parties joint motion for distributio of unclaimed settlement funds is granted . Signed by Judge Jon Phipps McCalla. (jae, ) (Entered: 09/19/2005)
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Legal Document (Payment Possibly Required) 121 Filed: 11/5/2003, Entered: None Unknown Document TypeCourt Filing
MINUTES: Follow-up status conference held 11/05/03; pltf announced that there was a discrepancy in the amount to be paid to the class; pltf to add monthy to the total amount; check to the class will be adjusted to reflect the corrected totals cuased by an in crease of approx. 12 'small' class members Presiding Judge: McCalla; PLA Atty: R. Glassman, W. Burns; DFT Atty: S. Belz; C/R: B. Parker (JAE) (Entered: 11/05/2003)
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Legal Document (Payment Possibly Required) 120 Filed: 9/24/2003, Entered: None Unknown Document TypeCourt Filing
ORDER CORRECTING CLERICAL ERROR by Judge Jon P. McCalla re [119-2] Order contained clerical error in paragraph 16 pg 11. Order states "plaintiff's counsel are hereby awarded fees in the amount of $5,039,375, and expenses .....Order is hereby AMENDED to read, "Plaintiffs' counsel are hereby awarded fees in the amount of $5,039,375.00 and expenses in the amount of $117,435.84.. (cc: all counsel) (JAE) (Entered: 09/24/2003)
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Legal Document (Payment Possibly Required) 119 Filed: 9/22/2003, Entered: None Unknown Document TypeCourt Filing
ORDER AND FINAL JUDGMENT: by Judge Jon P. McCalla dismissing case with prejudice and without costs revised plan of allocation, filed 08/18/03, is approved as fair and reasonable, and Plaintiff's counsel are directed to administer the Amended Stipulation of Settlement in accordance with its terms and provisions; plaintiffs' counsel are hereby awarded fees in the amount of $5,039,375.00 and expenses in the amount of $117,435.84, which the court finds to be fair and reasonable. Fees and expenses are to be paid out of the Settlement Consideration, in the manner set forth in Plaintiffs' applicaion for an Award of Attorney's fees and reimbursement of expenses of settlement class counsel or as otherwise agreed to by the parties; exclusive jurisdiction is hereby retained over the parties and members of the Settlement Class for all matters relating to this action, including the administration , interpretation, effectuation or enforcement of the Amended Stipulation of Settlement and this Order and Final Judgment (cc: all counsel) (JAE) (Entered: 09/23/2003)
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Legal Document (Payment Possibly Required) 118 Filed: 9/18/2003, Entered: None Unknown Document TypeCourt Filing
TRANSCRIPT of proceedings for the following date(s): 08/14/03 of Settlement Hearing Motion before Judge McCalla; Volumes One ; Court Reporter: Brenda Parker (Document placed in separate folder) (JAE) (Entered: 09/18/2003)
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Legal Document (Payment Possibly Required) 117 Filed: 8/25/2003, Entered: None Unknown Document Type
SUPPLEMENTAL MEMORANDUM by plaintiff Farm & Indus Sup, plaintiff GDI 401k Plan in support of Scheduling order for settlement stipulation [114-2] (JAE) (Entered: 08/26/2003)
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Legal Document (Payment Possibly Required) 116 Filed: 8/20/2003, Entered: None Unknown Document TypeCourt Filing
ORDER by Judge Jon P. McCalla CORRECTING DOCKET clerk is directed to remove Corky's Bar-B-Que, Inc. Profit Sharing Plan and 401 (k) Plan as the named plaintiff and DIRECTED to substitue The Farm & Industrial Supply Company Inc. Profit Sharing Plan and 401 (k) Plan and the GDI 401k Plan as named plaintiffs (cc: all counsel) (JAE) (Entered: 08/21/2003)
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Legal Document (Payment Possibly Required) 115 Filed: 8/19/2003, Entered: None Unknown Document Type
SUPPLEMENTAL MEMORANDUM OF LAW by plaintiff in support of CERTIFICATION OF A 23(b)(2) CLASS (JAE) (Entered: 08/19/2003)
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Legal Document (Payment Possibly Required) 114 Filed: 8/19/2003, Entered: None Unknown Document Type
AMENDED STIPULATION by plaintiff for settlement (JAE) (Entered: 08/19/2003)
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Legal Document (Payment Possibly Required) 113 Filed: 8/14/2003, Entered: None Unknown Document TypeCourt Filing
MINUTES: settlement conf satisfied ; court heard arguments from Bush, Davis, Androssi, and Lockett; Court directed that Corky's be withdrawn as the named plaintiff in the record; Mr. Sletto expressed cupport of the settlement on behalf of Winona Nat Bank; Parties to modify the amended stipulation of sttlement as agreed upon and tender executed document by 5:00 p.m. 08/18/03 Type of hearing held: Settlement Approval /Att fees ; Presiding Judge: McCalla; PLA Atty: G. Bush, R. Glassman, Burns, Handson & Angulo ; DFT Atty: Davis, Andrasik, Wade, Lockett,Sletto, White, Kochler, Neal, Herrington, Farina, Belz, Braddocks ; C/R: B. Parker (JAE) (Entered: 08/15/2003)
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Legal Document (Payment Possibly Required) 112 Filed: 8/13/2003, Entered: None Unknown Document TypeCourt Filing
ORDER by Mag Judge Tu M. Pham denying motion for an order forbidding defendants' contact with class members "outside the ordinary course of business" [23-1] (cc: all counsel) (JAE) (Entered: 08/13/2003)
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Legal Document (Payment Possibly Required) 111 Filed: 8/7/2003, Entered: None Unknown Document Type
CERTIFICATE of CONSULTATION (further certificate of consultation filed previously regarding motion for PHV for David White and Mark Sletto as co-counsel for Mercantile Trust counsel) (JAE) (Entered: 08/07/2003)
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Legal Document (Payment Possibly Required) 110 Filed: 8/7/2003, Entered: None Unknown Document TypeCourt Filing
ORDER by Judge Jon P. McCalla granting motion for attorney David L White, Mark A Sletto to appear pro hac vice as co-counsel [107-1] (cc: all counsel) (JAE) (Entered: 08/07/2003)
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Legal Document (Payment Possibly Required) 109 Filed: 8/6/2003, Entered: None Unknown Document Type
NOTICE OF CASE STATUS AS IT RELATES TO PENDING MOTIONS BEFORE THE MAGISTRATE by plaintiff Corky's Bar-B-Que ; pltfs request that this Court hold in abeyance all pending motions, pending resolution and/or final approval of the settlement in this litigation. The approval of this settlement would moot the necessity of a hearing on any pending motions (JAE) (Entered: 08/07/2003)
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Legal Document (Payment Possibly Required) 108 Filed: 8/4/2003, Entered: None Unknown Document TypeCourt Filing
MINUTES: motion to intervene taken under advisement Bill Lolkett presented argument on behalf of Mendiah; Haynes Davis presented argument on behalf of First Mercantile Type of hearing held: Motion hearing ; Presiding Judge: McCalla; PLA Atty: Angulo,Bush,Burns, Glassman; DFT Atty: Kochler,Belz, Wade,Reid C/R: B. Parker (JAE) (Entered: 08/07/2003)
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Legal Document (Payment Possibly Required) 107 Filed: 8/6/2003, Entered: None Unknown Document Type
MOTION by defendant First Mercantile Tr. for attorney David L White, Mark A Sletto to appear pro hac vice as co-counsel (JAE) (Entered: 08/07/2003)
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Legal Document (Payment Possibly Required) 106 Filed: 8/5/2003, Entered: None Unknown Document TypeCourt Filing
ORDER by Judge Jon P. McCalla ; In-court hearing held 8/4/03 court reserves ruling on pening motions to intervene, but will premit them to proceed as objectors at the August 14, 2003 fairness hearing (cc: all counsel) (JAE) (Entered: 08/05/2003)
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Legal Document (Payment Possibly Required) 105 Filed: 8/1/2003, Entered: None Unknown Document Type
OBJECTIONS by plaintiff to [58-1] motino to intervene by Meridian Trust & Investment company (JAE) (Entered: 08/04/2003)
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Legal Document (Payment Possibly Required) 104 Filed: 7/31/2003, Entered: None Unknown Document TypeCourt Filing
ORDER by Judge Jon P. McCalla granting motion for hearing on motion to intervene [101-1] by Meridian Trust & Investment Company in-court hearing set 9:30 8/4/03 (cc: all counsel) (JAE) (Entered: 08/04/2003)
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Legal Document (Payment Possibly Required) 103 Filed: 7/29/2003, Entered: None Unknown Document TypeCourt Filing
ORDER by Judge Jon P. McCalla granting motion to exceed page limitation for plaintiff's memorandum in support of finald settlement and approval and memorandum in support [95-1] (cc: all counsel) (JAE) (Entered: 08/04/2003)
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Legal Document (Payment Possibly Required) 102 Filed: 7/29/2003, Entered: None Unknown Document TypeCourt Filing
ORDER by Judge Jon P. McCalla granting motion for attorney Graeme W. Bush and Carlos T. Angulo to appear pro hac vice [92-1] (cc: all counsel) (JAE) (Entered: 08/04/2003)
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Legal Document (Payment Possibly Required) 101 Filed: 7/30/2003, Entered: None Unknown Document Type
MOTION by defendant First Mercantile Tr. for hearing on motion to intervene to be held on August 4, 2003, with other parties hearing date (JAE) (Entered: 08/04/2003)
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Legal Document (Payment Possibly Required) 100 Filed: 7/30/2003, Entered: None Unknown Document Type
JOINT DECLARATION by Graeme W. Bush and Richard Glassman in support of re [99-1] (application for an award of attorney's fees and reimbursement of expenses) (JAE) (Entered: 08/04/2003)
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Legal Document (Payment Possibly Required) 99 Filed: 7/30/2003, Entered: None Unknown Document Type
APPLICATION by plaintiff for award of attorney's fees and reimbursement of expenses to settlement class counsel (JAE) (Entered: 08/04/2003)
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Legal Document (Payment Possibly Required) 98 Filed: 7/30/2003, Entered: None Unknown Document Type
MOTION by plaintiff for approval of plaintiff's application for award of attorney fees and reimbursement of expenses to settlement class counsel (JAE) (Entered: 08/04/2003)
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Legal Document (Payment Possibly Required) 97 Filed: 7/30/2003, Entered: None Unknown Document Type
MEMORANDUM in support of motion for order approving proposed settlement, approving proposed plan of allocaiontion of settlement proceeds, finally certifying the settlement class [96-1] with declaration of Kim Schmidt regarding the mailing of settlement class notice (JAE) (Entered: 08/04/2003)
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Legal Document (Payment Possibly Required) 96 Filed: 7/30/2003, Entered: None Unknown Document Type
MOTION for order approving proposed settlement, approving proposed plan of allocaiontion of settlement proceeds, finally certifying the settlement class with exhibits attached (JAE) (Entered: 08/04/2003)
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Legal Document (Payment Possibly Required) 95 Filed: 7/29/2003, Entered: None Unknown Document Type
MOTION by plaintiff to exceed page limitation for plaintiff's memorandum in support of finald settlement and approval and memorandum in support (JAE) (Entered: 08/04/2003)
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Legal Document (Payment Possibly Required) 94 Filed: 7/29/2003, Entered: None Unknown Document Type
AFFIDAVIT of Carlos T. Angulo re [92-1] (JAE) (Entered: 08/04/2003)
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Legal Document (Payment Possibly Required) 93 Filed: 7/29/2003, Entered: None Unknown Document Type
AFFIDAVIT of Graeme. W. Bush re [92-1] (JAE) (Entered: 08/04/2003)
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Legal Document (Payment Possibly Required) 92 Filed: 7/29/2003, Entered: None Unknown Document Type
MOTION by plaintiff for attorney Graeme W. Bush and Carlos T. Angulo to appear pro hac vice (JAE) (Entered: 08/04/2003)
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Legal Document (Payment Possibly Required) 91 Filed: 7/22/2003, Entered: None Unknown Document TypeCourt Filing
CONSENT ORDER by Judge Jon P. McCalla granting motion to extend time to respond to Meridian Trust and Investment Company's motion to intervene [89-1] (cc: all counsel) (JAE) (Entered: 07/22/2003)
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Legal Document (Payment Possibly Required) 90 Filed: 7/21/2003, Entered: None Unknown Document Type
CERTIFICATE OF CONSULTATION ON JOINT MOTION FOR EXTENSION OF TIME TO RESPOND TO MERIDIAN TRUST AND INVESTMENT COMPANY'S MOTION TO INTERVENE by plaintiff (JAE) (Entered: 07/22/2003)
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Legal Document (Payment Possibly Required) 89 Filed: 7/21/2003, Entered: None Unknown Document Type
JOINT MOTION by plaintiff, defendant, intervenor plaintiff, miscellaneous to extend time to respond to Meridian Trust and Investment Company's motion to intervene (JAE) (Entered: 07/22/2003)
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Legal Document (Payment Possibly Required) 88 Filed: 7/17/2003, Entered: None Unknown Document TypeCourt Filing
ORDER by Judge Jon P. McCalla re [72-1] in-court hearing for oral argument on motion [72-1] set 9:30 8/4/03 (cc: all counsel) (JAE) (Entered: 07/17/2003)
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Legal Document (Payment Possibly Required) 87 Filed: 7/15/2003, Entered: None Unknown Document Type
NOTICE OF MEMBERS' INTENTION TO APPEAR by defendant First Mercantile Trust that the following Settlement Class Members intend to appear, in person or by their counsel at the settlement hearing scheduled for 08/14/03: Winona National Bank, Lake Country Power, Shakopee Vision Clinic, Wicklund Construction, Inc., Progroup, Inc., Kenneth Brown, Dudley Barnes and Charles F. Marion (JAE) (Entered: 07/17/2003)
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Legal Document (Payment Possibly Required) 86 Filed: 7/15/2003, Entered: None Unknown Document TypeCourt Filing
ORDER by Judge Jon P. McCalla granting motion for leave to file reply brief [83-1] (cc: all counsel) (JAE) (Entered: 07/15/2003)
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Legal Document (Payment Possibly Required) 85 Filed: 7/15/2003, Entered: None Unknown Document Type
REPLY TO OPPOSITION TO MOTION TO INTERVENE AND SET ASIDE ORDER OF MAY 14, 2003 by intervenor plaintiff re [77-1] (JAE) (Entered: 07/15/2003)
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Legal Document (Payment Possibly Required) 84 Filed: 7/14/2003, Entered: None Unknown Document Type
STATEMENT OF INTENT TO APPEAR AND OBJECTION of intervenor plaintiff Meridian Trust & Inv (JAE) (Entered: 07/14/2003)
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Legal Document (Payment Possibly Required) 83 Filed: 7/14/2003, Entered: None Unknown Document Type
MOTION by intervenor plaintiffs City Press Publishing Profit Sharing Plan, Highland Radiology Profit Sharing Pension Plan, highland Radiology Defined Benefit Plan, Women's Health Alliance, Peerman-Davis, Turner P Williams & Associates Thrif Plan, Women's Medical Associates of nashville, and Southerland Inc. Profit Sharing Plan for leave to file reply brief (JAE) (Entered: 07/14/2003)
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Legal Document (Payment Possibly Required) 82 Filed: 7/14/2003, Entered: None Unknown Document TypeCourt Filing
ORDER by Judge Jon P. McCalla granting motion for extension of time to respond to Meridian Trust and Investment Company's motion to intervene [81-1] (cc: all counsel) (JAE) (Entered: 07/14/2003)
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Legal Document (Payment Possibly Required) 81 Filed: 7/7/2003, Entered: None Unknown Document Type
JOINT MOTION by plaintiff for extension of time to respond to meridian trust and investment company's motion to intervene (JAE) (Entered: 07/08/2003)
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Legal Document (Payment Possibly Required) 80 Filed: 7/7/2003, Entered: None Unknown Document Type
CERTIFICATE OF CONSULTATION ON JOINT MOTION FOR EXTENSION OF TIME TO RESPOND TO MERIDIAN TRUST AND INVESTMENT COMPANY'S MOTION TO INTERVENE by plaintiff (JAE) (Entered: 07/08/2003)
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Legal Document (Payment Possibly Required) 79 Filed: 6/30/2003, Entered: None Unknown Document TypeCourt Filing
CONSENT ORDER by Judge Jon P. McCalla granting motion to extend time to respond to Meridian Trust and Investment Company's Motion to Intervene [78-1] (cc: all counsel) (JAE) (Entered: 07/01/2003)
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Legal Document (Payment Possibly Required) 78 Filed: 6/27/2003, Entered: None Unknown Document Type
JOINT MOTION by plaintiff, defendant, to extend time to respond to Meridian Trust and Investment Company's Motion to Intervene (JAE) (Entered: 06/30/2003)
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Legal Document (Payment Possibly Required) 77 Filed: 6/27/2003, Entered: None Unknown Document Type
OPPOSITOIN TO MOTION TO INTERVENE AND TO SET ASIDE MAY 14, 2003 ORDER FILED BY THE CITY PRESS PUBLISHING 401(K) PROFIT SHARING PLAN by defendant First Mercantile Tr., defendant Kenneth Bryan Lenoir, defendant Bryan Scot Lenoir, defendant NBC, defendant First Mercantile, defendant National Comm Fin to motion to set aside order of May 14, 2003 [66-2] [72-1] (JAE) (Entered: 06/30/2003)
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Legal Document (Payment Possibly Required) 76 Filed: 6/27/2003, Entered: None Unknown Document Type
MEMORANDUM OF LAW by plaintiff in opposition to motion to intervene to set aside order of May 14, 2003 [66-2] [72-1] (JAE) (Entered: 06/30/2003)
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Legal Document (Payment Possibly Required) 75 Filed: 6/16/2003, Entered: None Unknown Document TypeCourt Filing
SETTING LETTER: settlement hearing set for 9:00 8/14/03 before Judge Jon P. McCalla (SSH) (Entered: 06/18/2003)
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Legal Document (Payment Possibly Required) 74 Filed: 6/9/2003, Entered: None Unknown Document Type
SETTING LETTER settlement conference set for 9:00 8/14/03 in Courtroom 4, 9th floor. (JAE) (Entered: 06/11/2003)
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Legal Document (Payment Possibly Required) 73 Filed: 6/10/2003, Entered: None Unknown Document Type
MEMORANDUM by plaintiff Corky's Bar-B-Que in support of motion to set aside order of May 14, 2003 [66-2] [72-1] (JAE) (Entered: 06/11/2003)
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Legal Document (Payment Possibly Required) 72 Filed: 6/10/2003, Entered: None Unknown Document Type
MOTION by plaintiff Corky's Bar-B-Que to set aside order of May 14, 2003 [66-2] (JAE) (Entered: 06/11/2003)
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Legal Document (Payment Possibly Required) 71 Filed: 5/30/2003, Entered: None Unknown Document TypeCourt Filing
ORDER Transferring Case by Mag Judge James H. Allen; Clerk directed to take appropriate action to reassign mag designation for this case to Mag Judge Tu M. Pham for all pending and future references; (cc: all counsel) (BAG) (Entered: 06/03/2003)
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Legal Document (Payment Possibly Required) 70 Filed: 5/27/2003, Entered: None Unknown Document TypeCourt Filing
ORDER Making Technical Amendment To Settlement Class Definition by Judge Jon P. McCalla granting motion for technical amendment to settlement class definition [69-1] re [66-2]; Whereas the settlement class as defined in Parties 5/8/03 Stipulation of Settlement and the Court's 5/13/03 Preliminary Approval Order mistakenly includes dft FMT... as a class member; Parties did not intend to include any dft as a Settlement Class member; The Settlement Class certified under Rule 23(b)(2) of FRCP ... is hereby redefined to exclude any and all dfts; The settlement class notice that is to be provided Settlement Class members shall include a definition of Settlement Class that is consistent w/this Order; All other aspects of the Court's 5/13 Order remain in effect; (cc: all counsel) (BAG) (Entered: 05/29/2003)
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Legal Document (Payment Possibly Required) 69 Filed: 5/27/2003, Entered: None Unknown Document Type
CONSENT MOTION by plaintiffs for technical amendment to settlement class definition (BAG) (Entered: 05/27/2003)
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Legal Document (Payment Possibly Required) 68 Filed: 5/21/2003, Entered: None Unknown Document TypeCourt Filing
TRANSCRIPT of proceedings for the following date(s): 5/12/03 of status conf. before Judge McCalla; Volumes 1 (orig); Court Reporter: Brenda Parker; (document placed in separate folder) (BAG) (Entered: 05/21/2003)
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Legal Document (Payment Possibly Required) 67 Filed: 5/12/2003, Entered: None Unknown Document TypeCourt Filing
MINUTES: Follow-up Status conference held 5/12/03; Meridan not present Meridan has been provided w/fee info; Hearing set for 8/14/03 at 9:00; Report re: Meridan due 8/4/ by 9:00 re: any objection or anticipated issues Presiding Judge: Jon P. McCalla; PLA Atty: Glassman/Bush/Burns/ Hanson; DFT Atty: Ondrashi/Wade/Glankler/Farina/Belz/Reid; C/R: Brenda Parker; (BAG) (Entered: 05/16/2003)
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Legal Document (Payment Possibly Required) 66 Filed: 5/14/2003, Entered: None Unknown Document TypeCourt Filing
ORDER Granting Consent Motion For: (1) Preliminary Approval Of Proposed Settlement; (2) Preliminary Approval Of Proposed Plan Of Allocation; (3) Certification Of Settlement Class; (4) Approval Of Proposed Form And Method Of Class Notice; And (5) Scheduling Of Final Approval Hearing by Judge Jon P. McCalla granting motion for: (1) preliminary approval of proposed settlement; (2) Preliminary aproval of proposed plan of allocation; (3) Certification of Settlement Class; (4) Approval of proposed form and method of Class Notice; and (5) Scheduling of final approval hearing [63-1]; The Court preliminarily approves the Stipulation and the settlement... subject to further consideration at Settlement Hearing settlement hearing set 9:00 8/14/03; Settlement Class counsel authorized to retain Rust Consulting Co. to supervise and administer notice procedure; The Court may approve settlement w/such modifications as may be agreed to by Settling Parties, if appropriate w/o further notice to Settlement Class; (cc: all counsel) (BAG) (Entered: 05/14/2003)
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Legal Document (Payment Possibly Required) 65 Filed: 5/9/2003, Entered: None Unknown Document Type
STIPULATION Of Settlement by plaintiff Corky's Bar-B-Que (BAG) (Entered: 05/09/2003)
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Legal Document (Payment Possibly Required) 64 Filed: 5/9/2003, Entered: None Unknown Document Type
MEMORANDUM by plaintiff Corky's Bar-B-Que in support of consent motion for: (1) preliminary approval of proposed settlement; (2) Preliminary aproval of proposed plan of allocation; (3) Certification of Settlement Class; (4) Approval of proposed form and method of Class Notice; and (5) Scheduling of approval hearing [63-1] (BAG) (Entered: 05/09/2003)
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Legal Document (Payment Possibly Required) 63 Filed: 5/9/2003, Entered: None Unknown Document Type
CONSENT MOTION by plaintiff Corky's Bar-B-Que for: (1) preliminary approval of proposed settlement; (2) Preliminary aproval of proposed plan of allocation; (3) Certification of Settlement Class; (4) Approval of proposed form and method of Class Notice; and (5) Scheduling of final approval hearing (BAG) (Entered: 05/09/2003)
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Legal Document (Payment Possibly Required) 62 Filed: 5/7/2003, Entered: None Unknown Document Type
STIPULATION by plaintiff, defendant, intervenor plaintiff to continue motion to interevene by Meridan Trust & Investment Company (BAG) (Entered: 05/08/2003)
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Legal Document (Payment Possibly Required) 61 Filed: 5/7/2003, Entered: None Unknown Document Type
JOINT MOTION by plaintiff, defendant, intervenor plaintiff for extension of time to respond to motion to intervene (BAG) (Entered: 05/08/2003)
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Legal Document (Payment Possibly Required) 60 Filed: 5/2/2003, Entered: None Unknown Document TypeCourt Filing
ORDER Shortening Response Time by Judge Jon P. McCalla granting motion for leave to shorten time to respond to motion to intervene by Trust & Investment Company [59-1]; Any party wishing to file a response to motion to intervene shall file such response by no later than 5/7/03; (cc: all counsel) (BAG) (Entered: 05/02/2003)
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Legal Document (Payment Possibly Required) 59 Filed: 5/1/2003, Entered: None Unknown Document Type
MOTION by intervenor plaintiff Meridian Trust & Inv for leave to shorten time to respond to motion to intervene by Meridan Trust & Investment Company (BAG) (Entered: 05/01/2003)
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Legal Document (Payment Possibly Required) 58 Filed: 4/30/2003, Entered: None Unknown Document Type
MOTION by Meridian Trust & Inv to intervene (as party plaintiff) (BAG) (Entered: 04/30/2003)
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Legal Document (Payment Possibly Required) 57 Filed: 4/29/2003, Entered: None Unknown Document TypeCourt Filing
CONSENT ORDER Continuing Status Conference by Judge Jon P. McCalla: granting joint motion for continuance of status conference (scheduled on 4/30/03) [56-1]; It is ORDERED that status conference rescheduled for 9:00 5/12/03; Parties shall report back to the Court on status of their proposed settlement at that time; (cc: all counsel) (BAG) (Entered: 04/30/2003)
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Legal Document (Payment Possibly Required) 56 Filed: 4/29/2003, Entered: None Unknown Document Type
JOINT MOTION by plaintiff, defendants for continuance of status conference (scheduled on 4/30/03) (BAG) (Entered: 04/29/2003)
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Legal Document (Payment Possibly Required) 55 Filed: 4/4/2003, Entered: None Unknown Document TypeCourt Filing
ORDER Following Conference by Judge Jon P. McCalla re [53-2]; ...Counsel for parties announced that they had reached an agreement in principle to settle this matter and resolve outstanding class certification issues; The Court set a follow-up conf. for 4/30/03 at 9:15 at which time parties shall present their proposed settlement to the Court; (cc: all counsel) (BAG) (Entered: 04/04/2003)
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Legal Document (Payment Possibly Required) 54 Filed: 4/2/2003, Entered: None Unknown Document Type
SETTING LETTER: follow-up conference set for 4/30/03 at 9:15 (BAG) (Entered: 04/02/2003)
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Legal Document (Payment Possibly Required) 53 Filed: 4/1/2003, Entered: None Unknown Document TypeCourt Filing
MINUTES: ; Status conference held 4/1/03; Parties advised the Court that they have entered into a memo of understanding; follow-up conference set 9:15 4/30/03 Presiding Judge: Jon P. McCalla; PLA Atty: Glassman/Burns/Hanson; DFT Atty: Glankler/Belz/Wade/Reid; C/R: Brenda Parker; (BAG) (Entered: 04/02/2003)
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Legal Document (Payment Possibly Required) 52 Filed: 3/24/2003, Entered: None Unknown Document TypeCourt Filing
CONSENT ORDER Extensing Dates And Deadlines For An Additional Fourteen DAys Pending Voluntary Settlement Discussions by Judge Jon P. McCalla: granting motion for additional 14 day extension of dates and deadlines [51-1], granting motion for extension of all pending dates by fourteen days [43-1] It is ORDERED that this action is stayed for an add'l 14 days and all dates and ddls are extended ... up to and including 4/4/03; Parties shall report back to the Court on status of settlement discussions no later than at Status Conf. set 4/4/03; (cc: all counsel) (BAG) (Entered: 03/26/2003)
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Legal Document (Payment Possibly Required) 51 Filed: 3/20/2003, Entered: None Unknown Document Type
THIRD JOINT MOTION by plaintiff, defendant for additional 14 day extension of dates and deadlines (BAG) (Entered: 03/24/2003)
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Legal Document (Payment Possibly Required) 50 Filed: 3/5/2003, Entered: None Unknown Document TypeCourt Filing
CONSENT ORDER Extending Dates And Deadlines For An Additional Fourteen Days Pending Voluntary Settlement Discussions by Judge Jon P. McCalla: granting motion for fourteen day extension of dates and deadlines [47-1]; It is ORDERED that this action is stayed for an add'l 14 days and all dates and ddls are extended for an add'l4 days from the date outlined in the Court's Scheduling Order entered 1/9/03 or the date due pursuant to FRCP; Parties shall report back to the Court on the status of settlement discussions at scheduling conference set for 3/7/03 (cc: all counsel) (BAG) (Entered: 03/06/2003)
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Legal Document (Payment Possibly Required) 49 Filed: 3/4/2003, Entered: None Unknown Document TypeCourt Filing
CONSENT ORDER Continuing Status Conference by Judge Jon P. McCalla: granting motion for thirty day continuance of status conference [48-1]; status conference rescheduled for 4:00 4/4/03; The parties shall repot back to the Court on the status of their settlement discussions at that time (cc: all counsel) (BAG) (Entered: 03/05/2003)
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Legal Document (Payment Possibly Required) 48 Filed: 3/3/2003, Entered: None Unknown Document Type
JOINT MOTION by plaintiff, defendants for thirty day continuance of status conference (BAG) (Entered: 03/04/2003)
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Legal Document (Payment Possibly Required) 47 Filed: 2/27/2003, Entered: None Unknown Document Type
SECOND JOINT MOTION by plaintiff, defendant for fourteen day extension of dates and deadlines (BAG) (Entered: 02/28/2003)
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Legal Document (Payment Possibly Required) 46 Filed: 2/26/2003, Entered: None Unknown Document TypeCourt Filing
STIPULATED PROTECTIVE ORDER by Judge Jon P. McCalla: granting motion for protective order [35-1]; It is PRDERED that: This Protective Order shall apply to all information, documents and things subject to discovery in this action that contain non-public, confidential, trade secret or proprietary information including but not limited to financial information relating to plans and plan participants...; A party or non-party may designate documents or information that it deems to be Confidential Materials w/following terms: "CONFIDENTIAL" or "CONFIDENTIAL ATTORNEY EYES ONLY"; No copy of any transcript of any deposition taken by plas or dfts which is designated, in part or in whole as "CONFIDENTIAL" ... shall be furnished by court reporter to any person other than counsel of record; This Order shall not be amended except on prior notice to counsel; (cc: all counsel) (BAG) (Entered: 02/27/2003)
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Legal Document (Payment Possibly Required) 45 Filed: 2/26/2003, Entered: None Unknown Document TypeCourt Filing
CONSENT ORDER Staying Proceedings For Fourteen Days Pending Voluntary Settlement Discussions by Judge Jon P. McCalla: ...all parties have agreed to explore voluntary settlement discussions and that to facilitate these discussions, parties have agreed to a 14 day stay and standstill period and parties agree to continuance of all ddls currently pending, except existing dates for responses to document requests and Court's Scheduling Conf. on 3/7/03; , CASE STAYED; The following ddls extended 14 days from date outlined in Schedulign Order entered 1/9/03 or date due... motions to dismiss, pla's depositions, dft's depositions of named plas, dft's motions for protective order..., responses ro pla's motions for Order Forbidding Contact W/Class; (cc: all counsel) (BAG) (Entered: 02/27/2003)
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Legal Document (Payment Possibly Required) 44 Filed: 2/25/2003, Entered: None Unknown Document TypeCourt Filing
ORDER OF REFERENCE by Judge Jon P. McCalla referring to Mag Judge Tu M. Pham the motion for an order forbidding defendants' contact with class members "outside the ordinary course of business" [23-1] ..for determination. (cc: all counsel) (EHG) Modified on 06/03/2003 (Entered: 02/26/2003)
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Legal Document (Payment Possibly Required) 43 Filed: 2/20/2003, Entered: None Unknown Document Type
JOINT MOTION by plaintiff, defendants for extension of all pending dates by fourteen days (BAG) (Entered: 02/21/2003)
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Legal Document (Payment Possibly Required) 42 Filed: 2/13/2003, Entered: None Unknown Document TypeCourt Filing
CONSENT ORDER Postponing Emergency Protective Order Hearing by Judge Jon P. McCalla: Parties have agreed to a standstill period to explore settlement and by consent and agreement wish to postpone the hearing ...; It is ORDERED that the motion hearing currently set for 2:00 2/13/03 w/Mag Judge Allen is cancelled and will be rescheduled if necessary after expiration of 14 days from entry of this Order (cc: all counsel) (BAG) (Entered: 02/13/2003)
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Legal Document (Payment Possibly Required) 41 Filed: 2/10/2003, Entered: None Unknown Document Type
MEMORANDUM by defendant in opposition to motion for an order forbidding defendants' contact with class members "outside the ordinary course of business" [23-1] (BAG) (Entered: 02/11/2003)
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Legal Document (Payment Possibly Required) 40 Filed: 2/10/2003, Entered: None Unknown Document TypeCourt Filing
ORDER Of Reference by Judge Jon P. McCalla referring to Mag Judge James H. Allen the motion for protective order [35-1], and hearing [35-2]; Any exceptions to mag judge's report shall be made w/in 10 days of report setting forth portions excepted to and reasons for exceptions; (cc: all counsel) (BAG) (Entered: 02/10/2003)
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Legal Document (Payment Possibly Required) 39 Filed: 2/7/2003, Entered: None Unknown Document TypeCourt Filing
ORDER by Mag Judge James H. Allen; Motion for expedited hearing for protective order has been referred for determination; An expedited hearing set 2:00 2/13/03 before Mag Judge Allen; (cc: all counsel) (BAG) (Entered: 02/07/2003)
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Legal Document (Payment Possibly Required) 38 Filed: 2/7/2003, Entered: None Unknown Document TypeCourt Filing
ORDER Shortening Plaintiff's Time To Respond To Motion For Protective Order And Staying Responses To Subpoenas Pending Disposition Of Motion For Protective Order by Judge Jon P. McCalla re [35-1]; granting motion for expedited hearing [35-2]; it appearing to the Court that dft's motion for expedited hearing is well taken and that the response date on all third party discovery in question should be stayed pending this Court's resolution of underlying discovery dispute; It is ORDERED that plas have 5 days from the entry of this Order to respond to dft's emergency motion for protective order...; That pending a resolution of discovery dispute by this Court or its Mag as the Court shall deem fit, any and all third party discovery response obligations are stayed and no response shall be required of third party to any subpoena duces tecum previously issued in this matter until such time as the Court shall so rule; (cc: all counsel) (BAG) (Entered: 02/07/2003)
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Legal Document (Payment Possibly Required) 37 Filed: 2/6/2003, Entered: None Unknown Document Type
CERTIFICATE Of Consultation by defendants re [35-1] (BAG) (Entered: 02/06/2003)
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Legal Document (Payment Possibly Required) 36 Filed: 2/6/2003, Entered: None Unknown Document Type
MEMORANDUM by defendants in support of their emergency motion for protective order [35-1]; w/attachments (document placed in separate folder) (BAG) (Entered: 02/06/2003)
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Legal Document (Payment Possibly Required) 35 Filed: 2/6/2003, Entered: None Unknown Document Type
EMERGENCY MOTION by defendants for protective order , and for expedited hearing (BAG) (Entered: 02/06/2003)
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Legal Document (Payment Possibly Required) 34 Filed: 1/30/2003, Entered: None Unknown Document TypeCourt Filing
ORDER Granting Admission Pro Hac Vice Of Matthew J. Herrington by Judge Jon P. McCalla granting motion for attorney Matthew J. Herrington to appear pro hac vice [8-1] on behalf of National Bank Of Commerce; (cc: all counsel) (BAG) (Entered: 01/31/2003)
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Legal Document (Payment Possibly Required) 33 Filed: 1/30/2003, Entered: None Unknown Document TypeCourt Filing
ORDER Granting Admission Pro Hac Vice Of Steven M. Farina by Judge Jon P. McCalla granting motion for attorney Steven M. Farina to appear pro hac vice [7-1], on behalf of National Bank of Commerce; (cc: all counsel) (BAG) (Entered: 01/31/2003)
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Legal Document (Payment Possibly Required) 32 Filed: 1/30/2003, Entered: None Unknown Document TypeCourt Filing
ORDER Granting Admission Pro Hac Vice Of Katherine P. Chiarello by Judge Jon P. McCalla granting motion for attorney Katherine P. Chiarello to appear pro hac vice [5-1] on behalf of National Bank of Commerce; (cc: all counsel) (BAG) (Entered: 01/31/2003)
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Legal Document (Payment Possibly Required) 31 Filed: 1/30/2003, Entered: None Unknown Document TypeCourt Filing
ORDER Granting Admission Pro Hac Vice Of John K. Villa by Judge Jon P. McCalla granting motion for attorney John K. Villa to appear pro hac vice [6-1], on behalf of National Bank of Commerce; (cc: all counsel) (BAG) (Entered: 01/31/2003)
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Legal Document (Payment Possibly Required) 30 Filed: 1/29/2003, Entered: None Unknown Document TypeCourt Filing
ORDER Withdrawing Corky's Bar-B-Que, Inc. profit Sharing Plan And 401(k) Plan As Potential Class Representative by Judge Jon P. McCalla granting motion to strike named plaintiff as potential class representative and to strike from the complaint all class allegations that to advance the Corky's plan as a petential class representative [16-1] The Court hereby ORDERS that Corky's Bar-B-Que, Inc. Profit Sharing and 401(k) Plan is w/drawn as a potential class rep in this case; The Court ORDERS that any reference to the Corky's Plan contained in Pla's First Amended Class Action Complaint be stricken; This order does not affect the rights of the Corky's Plan as a member of the potential class; This order also makes no comment regading viability of a class action in this case or suitability of The Farm & Industrial Supply Co., Inc. Profit Sharing Plan & 401(k) Plan or The GDI 401(k) Plan as potential class rep; (cc: all counsel) (BAG) (Entered: 01/30/2003)
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Legal Document (Payment Possibly Required) 29 Filed: 1/28/2003, Entered: None Unknown Document Type
RETURN OF SERVICE executed upon defendant National Comm Fin on 1/24/03 (BAG) (Entered: 01/29/2003)
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Legal Document (Payment Possibly Required) 28 Filed: 1/27/2003, Entered: None Unknown Document Type
CERTIFICATE Of Consultation by plaintiff re [26-1] (BAG) (Entered: 01/28/2003)
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Legal Document (Payment Possibly Required) 27 Filed: 1/27/2003, Entered: None Unknown Document Type
MEMORANDUM by plaintiff in support of motion for an order allowing Corky's Bar-b-que, Inc.'s 401K Plan to voluntarily withdraw as a Class Representative [26-1] (BAG) (Entered: 01/28/2003)
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Legal Document (Payment Possibly Required) 26 Filed: 1/27/2003, Entered: None Unknown Document Type
MOTION by plaintiffs for an order allowing Corky's Bar-b-que, Inc.'s 401K Plan to voluntarily withdraw as a Class Representative (BAG) (Entered: 01/28/2003)
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Legal Document (Payment Possibly Required) 25 Filed: 1/27/2003, Entered: None Unknown Document Type
CERTIFICATE Of Consultation by plaintiff re [23-1] (BAG) (Entered: 01/28/2003)
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Legal Document (Payment Possibly Required) 24 Filed: 1/27/2003, Entered: None Unknown Document Type
MEMORANDUM by plaintiff in support of motion for an order forbidding defendants' contact with class members "outside the ordinary course of business" [23-1] (BAG) (Entered: 01/28/2003)
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Legal Document (Payment Possibly Required) 23 Filed: 1/27/2003, Entered: None Unknown Document Type
MOTION by plaintiff for an order forbidding defendants' contact with class members "outside the ordinary course of business" (BAG) Modified on 06/03/2003 (Entered: 01/28/2003)
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Legal Document (Payment Possibly Required) 22 Filed: 1/27/2003, Entered: None Unknown Document Type
RESPONSE by plaintiff Corky's Bar-B-Que to motion to strike named plaintiff as potential class representative and to strike from the complaint all class allegations that purport to advance the Corky's plan as a potential class representative [16-1]; w/attachments (BAG) (Entered: 01/28/2003)
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Legal Document (Payment Possibly Required) 21 Filed: 1/24/2003, Entered: None Unknown Document TypeCourt Filing
ORDER Granting Admission Pro Hac Vice Of Sylvia King Kochler And Benjamin F. Johnson IV by Judge Jon P. McCalla granting motion for attorney(s) Sylvia King Kochler, Benjamin F. Johnson IV to appear pro hac vice [19-1] on behalf of dfts Kenneth Bryan Lenoir and Bryan Scot Lenoir; (cc: all counsel) (BAG) (Entered: 01/27/2003)
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Legal Document (Payment Possibly Required) 20 Filed: 1/22/2003, Entered: None Unknown Document Type
FIRST AMENDED CLASS ACTION COMPLAINT [1-1] by plaintiff Corky's Bar-B-Que; adding National Commerce Financial Corp; jury demand; w/attachments (document placed in separate folder) (BAG) (Entered: 01/23/2003)
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Legal Document (Payment Possibly Required) 19 Filed: 1/17/2003, Entered: None Unknown Document Type
MOTION by defendants Kenneth Bryan Lenoir, Bryan Scot Lenoir for attorney(s) Sylvia King Kochler, Benjamin F. Johnson IV to appear pro hac vice; w/attachments (BAG) (Entered: 01/21/2003)
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Legal Document (Payment Possibly Required) 18 Filed: 1/10/2003, Entered: None Unknown Document Type
CERTIFICATE Of Consultation by defendants re [16-1] (BAG) (Entered: 01/13/2003)
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Legal Document (Payment Possibly Required) 17 Filed: 1/10/2003, Entered: None Unknown Document Type
MEMORANDUM by defendants in support of motion to strike named plaintiff as potential class representative and to strike from the complaint all class allegations that purport to advance the Corky's plan as a petential class representative [16-1]; w/exhibits (BAG) (Entered: 01/13/2003)
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Legal Document (Payment Possibly Required) 16 Filed: 1/10/2003, Entered: None Unknown Document Type
MOTION by defendants to strike named plaintiff as potential class representative and to strike from the complaint all class allegations that purport to advance the Corky's plan as a petential class representative; w/exhibits (BAG) (Entered: 01/13/2003)
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Legal Document (Payment Possibly Required) 15 Filed: 1/9/2003, Entered: None Unknown Document TypeCourt Filing
SCHEDULING ORDER 16(b) Judge Jon P. McCalla; The Court established the following schedule in this case: amending pleadings ddl set 1/22/03; Plas shall hand deliver or fax a copy of amended complaint to dfts on the day it is filed; Initial motions to dismiss: 2/21/03; Responses to Initial motions to dismiss: 3/24/03; Reply brief: 4/7/03; Each side shall have a max. of 30 pages to brief the Court on the motion to dismiss, response or reply; Follow-up scheduling conf. set 3/7/03 at 4:00...; Plas may commence discovery in all respects as to documents on 2/5/03; Plas may take 1 deposition after 2/19/03...; Plas may take follow-up depo. prior to 3/5/03; Dfts may take depo(s) concerning punitive class rep. and class certification after 2/5/03; ... the Court has limited each side to 15 depo(s) during discovery; Add'l depo(s) may be authorized by the Court upon a showing of good cause; (cc: all counsel) (BAG) (Entered: 01/10/2003)
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Legal Document (Payment Possibly Required) 14 Filed: 1/9/2003, Entered: None Unknown Document Type
SETTING LETTER: follow-up status conf. set for 3/7/03 at 4:00; (BAG) (Entered: 01/09/2003)
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Legal Document (Payment Possibly Required) 13 Filed: 1/8/2003, Entered: None Unknown Document Type
TRANSCRIPT of proceedings for the following date(s): 1/3/03 of scheduling conference; Volumes 1 (orig); Court Reporter: Brenda Parker; (document placed in separate folder) (BAG) (Entered: 01/08/2003)
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Legal Document (Payment Possibly Required) 12 Filed: 1/3/2003, Entered: None Unknown Document TypeCourt Filing
MINUTES: scheduling conference held 1/3/03; Pla anticipates filing amended complaint by 1/22/03 to add 1 add'l pla; This addition will not change class number; Motions to dismiss to be filed by 2/21/03; Pla's response will be due by 3/24/03; Reply briefs due by 4/7/03; Memos are to be no more than 30 pages; Discovery process to begin after amended complaint filed; Pla can commence discovery on 2/5/03; Deposition can be taken 2/19/03; A follow-up deposition may be taken on 3/5/03; Pla's report on class examination conference set 4:00 3/7/03; Parties to submit proposed schedule; Presiding Judge: Jon P. McCalla; PLA Atty: (Corky's)Burns/Hanson/Glassman/Bush; DFT Atty: (NBC) Belz/Farina/Herington/Alpert/Montgomery/Glankler (Trust Mer.) Wade (Lenores) Reid/Kochler; C/R: Brenda Parker; (BAG) (Entered: 01/07/2003)
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Legal Document (Payment Possibly Required) 11 Filed: 1/2/2003, Entered: None Unknown Document Type
MEMORANDUM IN SUPPORT OF DEFENDANTS' PROPOSED Scheduling Order submitted by defendant First Mercantile Tr., defendant Kenneth Bryan Lenoir, defendant Bryan Scot Lenoir, defendant NBC, defendant First Mercantile (EHG) (Entered: 01/03/2003)
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Legal Document (Payment Possibly Required) 10 Filed: 1/2/2003, Entered: None Unknown Document Type
PLAINTIFF'S SUBMISSION OF PROPOSED Scheduling Order submitted by plaintiff Corky's Bar-B-Que (EHG) (Entered: 01/03/2003)
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Legal Document (Payment Possibly Required) 9 Filed: 1/2/2003, Entered: None Unknown Document Type
NOTICE: REPORT OF THE PARTIES' RULE 26(f) CONFERENCE by plaintiff, defendants (EHG) (Entered: 01/03/2003)
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Legal Document (Payment Possibly Required) 8 Filed: 1/2/2003, Entered: None Unknown Document Type
MOTION by defendant NBC for attorney Matthew J. Herrington to appear pro hac vice w/attachment (EHG) (Entered: 01/03/2003)
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Legal Document (Payment Possibly Required) 7 Filed: 1/2/2003, Entered: None Unknown Document Type
MOTION by defendant NBC for attorney Steven M. Farina to appear pro hac vice w/attachments (EHG) (Entered: 01/03/2003)
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Legal Document (Payment Possibly Required) 6 Filed: 1/2/2003, Entered: None Unknown Document Type
MOTION by defendant NBC for attorney John K. Villa to appear pro hac vice w/attachment (EHG) (Entered: 01/03/2003)
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Legal Document (Payment Possibly Required) 5 Filed: 1/2/2003, Entered: None Unknown Document Type
MOTION by defendant NBC for attorney Katherine P. Chiarello to appear pro hac vice w/attachment (EHG) Modified on 01/09/2003 (Entered: 01/03/2003)
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Legal Document (Payment Possibly Required) 4 Filed: 12/31/2002, Entered: None Unknown Document TypeCourt Filing
ORDER EXTENDING TIME FOR DEFENDANTS TO ANSWER, MOVE OR OTHERWISE RESPONSE TO PLAINTIFF'S COMPLAINT by Judge Jon P. McCalla granting motion for extension of time to file a responsive pleading (to 1/22/03) [3-1] (cc: all counsel) (EHG) (Entered: 01/02/2003)
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Legal Document (Payment Possibly Required) 3 Filed: 12/30/2002, Entered: None Unknown Document Type
MOTION, SUPPORTING MEMORANDUM AND CERTIFICATE OF CONSULTATION by defendant First Mercantile Tr., defendant Kenneth Bryan Lenoir, defendant Bryan Scot Lenoir, defendant NBC, defendant First Mercantile for extension of time to file a responsive pleading (to 1/22/03) (EHG) (Entered: 12/31/2002)
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Legal Document (Payment Possibly Required) 2 Filed: 12/20/2002, Entered: None Unknown Document Type
SETTING LETTER; scheduling conference set for 3:00 1/3/03 (BAG) (Entered: 12/23/2002)
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Legal Document (Payment Possibly Required) 1 Filed: 12/10/2002, Entered: None Unknown Document Type
COMPLAINT (Summonses issued) Receipt #: 076493; Filing fee $ 150.00 (exhibits to complaint placed in separate folder as doc # 1-A) (AGJ) Modified on 12/11/2002 (Entered: 12/11/2002)
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