Kessler v. Keller Industries
Federal Civil Lawsuit New York Eastern District Court, Case No. 9:96-cv-01916
District Judge Nina Gershon, presiding

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No Logo Jonathan Kessler, Plaintiff

Toggle Switch Represented by costantinolaw.com Law Firm Placeholder

Name Phone Fax E-Mail
, Steven Anthony Costantino +1 631 842 0255 +1 631 842 0412 carolann@costantinolaw.com
v.
No Logo Home Depot, Inc., Defendant

Toggle Switch Represented by Alston & Bird, LLP

Name Phone Fax E-Mail
Space Kristine McAlister Brown +1 404 881 7584 +1 404 253 8497 kristy.brown@alston.com
Space Cari K. Dawson +1 404 881 7000 cari.dawson@alston.com
Space James Charles Grant +1 404 881 7000 +1 404 881 7777 jim.grant@alston.com

Toggle Switch Represented by Burns & Levinson LLP

Name Phone Fax E-Mail
Space Robert D. Friedman +1 617 345 3248 rfriedman@burnslev.com
Space Catherine Elizabeth Murillo +1 617 345 3230 +1 617 345 3299 emurillo@burnslev.com

Toggle Switch Represented by Corporation Service Company

Name Phone Fax E-Mail
Space Home Depot, Inc.

Toggle Switch Represented by CSC of Cobb County, Inc.

Name Phone Fax E-Mail
Space The Home Depot, Inc

Toggle Switch Represented by King & Spalding LLP

Name Phone Fax E-Mail
Space JOHN PATTERSON BRUMBAUGH +1 404 572 4600 +1 404 572 5139 pbrumbaugh@kslaw.com
Space S Stewart Haskins, II +1 404 572 4687 +1 404 572 5140 shaskins@kslaw.com
, S Stewart Haskins, II +1 404 572 4687 +1 404 572 5140 shaskins@kslaw.com
, , , , , , , , , , , , , , David E. Meadows +1 404 572 2726 +1 404 572 5100 demeadows@kslaw.com
Space James Andrew Pratt +1 404 572 4600 apratt@kslaw.com
, Cheryl A. Sabnis +1 415 318 1200 +1 415 318 1300 csabnis@kslaw.com
Space Phyllis B. Sumner +1 404 572 4600 psumner@kslaw.com

Toggle Switch Represented by Melito & Adolfsen, PC

Name Phone Fax E-Mail
, STEVEN I. LEWBEL +1 201 985 0011 sil@melitoadolfsen.com

Toggle Switch Represented by Quinn Emanuel Urquhart & Sullivan, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Alicia Kimberly Cobb +1 212 849 7267 +1+1+ 1+1 1+1 +1+1 aliciacobb@quinnemanuel.com
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Stephen R. Neuwirth +1 212 849 7000 +1 212 849 7100 stephenneuwirth@quinnemanuel.com
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Steig David Olson +1 212 849 7152 +1 212 849 7100 steigolson@quinnemanuel.com

Toggle Switch Represented by Shook Hardy & Bacon LLP

Name Phone Fax E-Mail
Space Charles S. Bergen +1 312 704 7700 docket@shb.com

Toggle Switch Represented by Stites & Harbison PLLC - Lexington

Name Phone Fax E-Mail
Space Daniel E. Danford +1 859 226 2292 +1 859 253 9144 ddanford@stites.com

Toggle Switch Represented by United States Securities and Exchange Commission

Name Phone Fax E-Mail
, , , , , , , , , , , , , , Michael J. Cates +1 303 844 1115 catesm@sec.gov
No Logo Keller Industries, Inc., Defendant

Toggle Switch Represented by Melito & Adolfsen, PC

Name Phone Fax E-Mail
, STEVEN I. LEWBEL +1 201 985 0011 sil@melitoadolfsen.com
No Logo Allways Construction, Inc., Third Party Defendant

Toggle Switch Represented by Yudin & Yudin

Name Phone Fax E-Mail
, Steven G. Yudin +1 212 949 7979
Citation Section 28 U.S.C. § 1332
Nature of Suit 360 - Personal Injury: Other
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Legal Document (Payment Possibly Required) 45 Filed: 11/30/1999, Entered: None Unknown Document TypeCourt Filing
STIPULATION and ORDER that parties have agreed that this action is settled and discontinued, without costs to either party. (Signed by Judge Nina Gershon on 11/29/99) c/m (Johnson, Tanya) (Entered: 12/01/1999)
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    Legal Document (Payment Possibly Required) 44 Filed: 8/20/1999, Entered: None Unknown Document Type
    Proposed Jury instructions by Home Depot, Inc., Keller Industries, Home Depot, Inc., Keller Industries (Johnson, Tanya) (Entered: 08/20/1999)
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      Legal Document (Payment Possibly Required) 43 Filed: 8/20/1999, Entered: None Unknown Document TypeCourt Filing
      LETTER dated 8/12/99 from Steven Lewbel, Esq. to Visiting Judge Charles Wolle requesting to ajourn the trial in this action. (Johnson, Tanya) (Entered: 08/20/1999)
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        Legal Document (Payment Possibly Required) 42 Filed: 8/19/1999, Entered: None Unknown Document TypeCourt Filing
        Calendar entry: Settlement conference held before Visiting Judge Wolle on 8/19/99. Counsel for all sides present. Case is settled and parteis shall submit a stipulation of discontinuance by 8/27/99. (Johnson, Tanya) (Entered: 08/20/1999)
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          Legal Document (Payment Possibly Required) 41 Filed: 7/22/1999, Entered: None Unknown Document Type
          Calendar entry: BEFORE VISITING JUDGE WOLLE ON 7/22/1999. Case called for a status conference. Counsel for all sides present. Court Reporter: N/A. Further settlement conference scheduled for 8/19/1999 @ 12:00 Noon. Third party Dft. to fax an application to be relieved. Jury selection for 8/23/1999 and no trial date. Parties to advise the Court by 8/2/1999 if they consent to Magistrate Trial. (Mackey, Donna) Modified on 08/11/1999 (Entered: 08/11/1999)
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            Legal Document (Payment Possibly Required) 40 Filed: 7/13/1999, Entered: None Unknown Document TypeCourt Filing
            CALENDAR NOTICE that a pretrial conference will be held before Visiting Judge Charles Wolle on 7/22/99 at 2:30. (Johnson, Tanya) (Entered: 07/13/1999)
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              Legal Document (Payment Possibly Required) 39 Filed: 4/19/1999, Entered: None Unknown Document Type
              LETTER dated 2/11/99 from Steven A. Costantino, Esq., to Clerk of Court enclosing a pretrial order which has been consented to by all parties and their attorneys. (Johnson, Tanya) (Entered: 04/19/1999)
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                Legal Document (Payment Possibly Required) 38 Filed: 4/6/1999, Entered: None Unknown Document TypeCourt Filing
                ORDER, the parties have submitted their proposed joint pre-trial order; this Court finds that it substantially complies with the requirements of Judge Gershon; the joint pre-trial order is accepted for filing and the action deemed ready for trial ; the caption is deemed amended to reflect that the pltf, Jonathon Kessler, having reached the age of majority, is a pltf in his own right and is no longer represented by his father and natural guardian ( signed by Magistrate-Judge Michael L. Orenstein ) c/m (McMahon, Carol) (Entered: 04/07/1999)
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                  Legal Document (Payment Possibly Required) 37 Filed: 2/11/1999, Entered: None Unknown Document Type
                  JOINT PRETRIAL ORDER filed. (Johnson, Tanya) (Entered: 02/17/1999)
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                    Legal Document (Payment Possibly Required) 36 Filed: 12/21/1998, Entered: None Unknown Document Type
                    Calendar entry: before Orenstein, M. on 12/21/98 at 11:00; status conf; set joint pretrial order due for 2/11/99 with Orenstein, M.; pltf serve dft by 1/15/99; 3rd party dft and dft serve pltf by 1/29/99 ; discovery complete; case ready for trial upon filing joint pre-trial order; case can not be settled at this time (McMahon, Carol) (Entered: 12/28/1998)
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                      Legal Document (Payment Possibly Required) 35 Filed: 9/14/1998, Entered: None Unknown Document Type
                      ANSWER by Allways Construction to [19-1] third-party complaint. (Johnson, Tanya) (Entered: 09/15/1998)
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                        Legal Document (Payment Possibly Required) 34 Filed: 9/9/1998, Entered: None Unknown Document Type
                        Calendar entry: before Orenstein, M. on 9/9/98 at 2:00; status conf; Tape# 98-129 (2405-2784); reset discovery due for 12/15/98 (including expert depo) ; set status conference for 11:00 12/21/98 before Magistrate Michael L. Orenstein ; pltf shall serve its expert report by 10/12/98; dft & 3rd party dft shall serve its expert reports by 11/15/98; expert depos shall be completed by 12/15/98; 3rd party dft shall be deposed by 10/9/98; no further extensions of time to complete discovery will be granted (McMahon, Carol) (Entered: 09/10/1998)
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                          Legal Document (Payment Possibly Required) 33 Filed: 8/24/1998, Entered: None Unknown Document Type
                          LETTER dated 8/24/98 from Steven Yudin to Orenstein, M.; re: 90 day stay (McMahon, Carol) (Entered: 08/25/1998)
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                            Legal Document (Payment Possibly Required) 32 Filed: 8/13/1998, Entered: None Unknown Document Type
                            Letter MOTION by Allways Construction to extend time so that we may initiate the action against Travelers by no later than 8/24/98, Motion hearing (McMahon, Carol) (Entered: 08/14/1998)
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                              Legal Document (Payment Possibly Required) 31 Filed: 8/5/1998, Entered: None Unknown Document Type
                              AMENDED ORDER, the 8/3/98 order of this Court is hereby amended to reflect that the conf in this matter is for 2:00 9/9/98 before Magistrate Michael L. Orenstein, and not 9/19/98 ( signed by Magistrate Michael L. Orenstein ) c/m (McMahon, Carol) (Entered: 08/07/1998)
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                                Legal Document (Payment Possibly Required) 30 Filed: 8/3/1998, Entered: None Unknown Document TypeCourt Filing
                                ORDER granting [29-1] motion. Granted provided that: 1) if the movant can allege subject matter jurisdiction over Travelers Insurance, then it must bring the declaratory judgment action in the EDNY and set forth that it is related to this matter, so that action is assigned to Judge Gershon and Magistrate Orenstein; 2) declaratory judgment action is served by 8/15/98; 3) Allways Const., Inc. send this Court a copy of the summons and complaint or order to show cause; 4) Always not extend time for Travelers to answer or move against complaint. Conference on 9/19/98 remains scheduled. ( signed by Magistrate Michael L. Orenstein ) c/m (Talbott, Thomas) (Entered: 08/05/1998)
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                                  Legal Document (Payment Possibly Required) 29 Filed: 7/31/1998, Entered: None Unknown Document Type
                                  Letter MOTION by Allways Construction to stay the action for a period of 90 days, together with a 90 adjournment of the discovery cut-off date, Motion hearing (Talbott, Thomas) (Entered: 08/04/1998)
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                                    Legal Document (Payment Possibly Required) 28 Filed: 7/10/1998, Entered: None Unknown Document Type
                                    Calendar entry: before Orenstein, M. on 7/10/98 at 4:00; status conf; settlement is not a possibility at this time; Pla agrees to discontinue action against dft Allways. Allways will be in case as a 3rd Party dft and needs to be re-served. If re-served, then it must serve an answer to the 3rd party complaint. Or, Allways may stipulate that its answer to co-defendants cross-claims be the third party dft answer. Discovery which remains is deposition of Allways and experts. reset discovery due for 8/31/98, set status conference for 2:00 9/9/98 before Magistrate Michael L. Orenstein (Talbott, Thomas) (Entered: 07/16/1998)
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                                      Legal Document (Payment Possibly Required) 27 Filed: 6/19/1998, Entered: None Unknown Document Type
                                      Calendar entry: before Orenstein, M. on 6/19/98 at 3:00; status conf; discovery as between original pltf & dft is almost complete with the exception of expert disclosure; set status conference for 4:00 7/10/98 before Magistrate Michael L. Orenstein (McMahon, Carol) (Entered: 06/22/1998)
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                                        Legal Document (Payment Possibly Required) 26 Filed: 6/2/1998, Entered: None Unknown Document Type
                                        ANSWER to Complaint by Allways Construction (Johnson, Tanya) (Entered: 06/02/1998)
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                                          Legal Document (Payment Possibly Required) 25 Filed: 6/2/1998, Entered: None Unknown Document Type
                                          ANSWER by Allways Construction to cross-claims of defendant Home Depot, Inc. (Johnson, Tanya) (Entered: 06/02/1998)
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                                            Legal Document (Payment Possibly Required) 24 Filed: 4/13/1998, Entered: None Unknown Document Type
                                            LETTER dated 4/7/98 from Steven Lewbel to Orenstein, M.; re: please accept my sincerest apologies for not appearing at the status conf scheduled on 4/6/98; assure the Court that it will never happen again (McMahon, Carol) (Entered: 04/13/1998)
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                                              Legal Document (Payment Possibly Required) 23 Filed: 4/6/1998, Entered: None Unknown Document Type
                                              Calendar entry: for Orenstein, M. on 4/6/98; no appearance on behalf of dfts; reset status conference for 3:00 6/19/98 before Magistrate Michael L. Orenstein c/m (McMahon, Carol) (Entered: 04/09/1998)
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                                                Legal Document (Payment Possibly Required) 22 Filed: 4/3/1998, Entered: None Unknown Document Type
                                                RETURN OF SERVICE executed as to Allways Construction on 4/1/98. Answer due on 4/21/98. (Johnson, Tanya) (Entered: 04/07/1998)
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                                                  Legal Document (Payment Possibly Required) 21 Filed: 3/24/1998, Entered: None Unknown Document Type
                                                  AMENDED COMPLAINT by Jonathan Kessler, (Answer due 4/3/98 for Keller Industries, for Home Depot, Inc. ) amending against Allways Construction (McMahon, Carol) (Entered: 03/25/1998)
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                                                    Legal Document (Payment Possibly Required) 20 Filed: 3/24/1998, Entered: None Unknown Document Type
                                                    STIPULATION/ORDER, amending complaint to add Allways Construction, Inc., as a main dft ( signed by Magistrate Michael L. Orenstein ) c/m (McMahon, Carol) (Entered: 03/25/1998)
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                                                      Legal Document (Payment Possibly Required) 19 Filed: 2/17/1998, Entered: None Unknown Document Type
                                                      THIRD-PARTY COMPLAINT by Keller Industries and Home Depot, Inc. against Allways Construction. (Johnson, Tanya) (Entered: 02/18/1998)
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                                                        Legal Document (Payment Possibly Required) 18 Filed: 1/16/1998, Entered: None Unknown Document Type
                                                        ORDER, granting [15-1] motion; (terminating: [15-2] motion); for leave to file 3rd party complaint ; dfts/3rd party pltfs shall serve and file the 3rd party complaint by 2/28/98 ( signed by Magistrate Michael L. Orenstein ) c/m (McMahon, Carol) (Entered: 01/20/1998)
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                                                          Legal Document (Payment Possibly Required) 17 Filed: 1/16/1998, Entered: None Unknown Document Type
                                                          Calendar entry: before Orenstein, M. on 1/16/98 at 4:00; status conf; reset discovery due for 3/31/98 ; set status conference for 11:00 4/6/98 before Magistrate Michael L. Orenstein ; Court directed dft to reinquire of client re: interrogatory #4; dft shall respond to interrogatory #2; additional responses shall be made by 2/15/98 (McMahon, Carol) (Entered: 01/20/1998)
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                                                            Legal Document (Payment Possibly Required) 16 Filed: 1/12/1998, Entered: None Unknown Document Type
                                                            MEMORANDUM by dfts in support of [15-1] motion for leave to file 3rd party and complaint, [15-2] motion to amend caption to reflect that a 3rd party action has been instituted against Allways Construction, Inc. (originally filed on 12/30/97) (McMahon, Carol) (Entered: 01/12/1998)
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                                                              Legal Document (Payment Possibly Required) 15 Filed: 1/12/1998, Entered: None Unknown Document Type
                                                              MOTION by dfts for leave to file 3rd party summons and complaint ; to amend caption to reflect that a 3rd party action has been instituted against Allways Construction, Inc., Motion hearing set for 3:00 1/16/98 [15-1] motion, set for 3:00 1/16/98 [15-2] motion ; with affidavit in support attached (orginally filed on 12/30/97) (McMahon, Carol) (Entered: 01/12/1998)
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                                                                Legal Document (Payment Possibly Required) 14 Filed: 11/12/1997, Entered: None Unknown Document Type
                                                                Calendar entry: before Orenstein, M. on 11/7/97 at 11:00; status conf; Tape# 97-127 (1485-2244); reset discovery due for 1/15/98 ; set status conference for 4:00 1/16/98 before Magistrate Michael L. Orenstein (no adjournment will be granted) (see document for further details) (McMahon, Carol) (Entered: 11/12/1997)
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                                                                  Legal Document (Payment Possibly Required) 13 Filed: 11/10/1997, Entered: None Unknown Document Type
                                                                  LETTER dated 10/27/97 from Steven Lewbel to Orenstein, M.; re: requesting that the Court schedule a telephone conf to set a new end date for all disclosure, or alternatively take up this matter at the conf scheduled for 11/7/97 (McMahon, Carol) (Entered: 11/10/1997)
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                                                                    Legal Document (Payment Possibly Required) 12 Filed: 8/26/1997, Entered: None Unknown Document Type
                                                                    ANSWER to Complaint by Keller Industries, Home Depot, Inc.; jury demand (fe) (Entered: 09/03/1997)
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                                                                      Legal Document (Payment Possibly Required) 11 Filed: 8/22/1997, Entered: None Unknown Document Type
                                                                      Calendar entry: before Orenstein, M. on 8/22/97 at 4:00; pretrial conf; reset discovery due for 10/31/97 ; set status conference for 11:00 11/7/97 before Magistrate Michael L. Orenstein ; dft to inspect ladder and depos must be held including expert depos, if needed by the discovery completion date (McMahon, Carol) (Entered: 09/02/1997)
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                                                                        Legal Document (Payment Possibly Required) 10 Filed: 8/5/1997, Entered: None Unknown Document Type
                                                                        LETTER dated 7/31/97 from Veronica Marcinek to Orenstein, M.; re: requesting that the Court adjourn the pre-trial conf scheduled for 8/15/97 to 8/22/97 (Note from Chambers on ltr indicates that conf is adjourned to 8/22/97 at 4:00) c/m (McMahon, Carol) (Entered: 08/05/1997)
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                                                                          Legal Document (Payment Possibly Required) 9 Filed: 4/7/1997, Entered: None Unknown Document Type
                                                                          ORDER dated 4/7/97, that the plaintiff may amend his pleading pursuant to Federal Rule 15, by filing the Amended Complaint. ( signed by Magistrate Michael L. Orenstein ) (Donovan, Donna) (Entered: 04/08/1997)
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                                                                            Legal Document (Payment Possibly Required) 8 Filed: 1/30/1997, Entered: None Unknown Document Type
                                                                            LETTER dated 1/28/97 from Steven Lewbel to Orenstein, M.; re: pursuant to the Court's order, enclosed find a certification re: early disclosure (McMahon, Carol) (Entered: 01/31/1997)
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                                                                              Legal Document (Payment Possibly Required) 7 Filed: 1/29/1997, Entered: None Unknown Document Type
                                                                              SCHEDULING ORDER setting Joining of parties, amending of pleadings on 3/3/97; Discovery cutoff 6/15/97 for all fact discovery and 8/15/97 fo all expert discovery; Pretrial conference for 9:30 8/15/97 ( signed by Magistrate Michael L. Orenstein ) (McMahon, Carol) Modified on 01/30/1997 (Entered: 01/30/1997)
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                                                                                Legal Document (Payment Possibly Required) 6 Filed: 1/29/1997, Entered: None Unknown Document Type
                                                                                Calendar entry: before Orenstein, M. on 1/29/97 at 4:00; initial conf (McMahon, Carol) (Entered: 01/30/1997)
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                                                                                  Legal Document (Payment Possibly Required) 5 Filed: 1/8/1997, Entered: None Unknown Document Type
                                                                                  ORDER dated 1/8/97 that a conference will be held on 1/29/97 at 4:00 p.m. before Magistrate Michael L. Orenstein ( signed by Magistrate Michael L. Orenstein ) C/M (Lui, Lin) Modified on 01/13/1997 (Entered: 01/13/1997)
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                                                                                    Legal Document (Payment Possibly Required) 4 Filed: 9/23/1996, Entered: None Unknown Document TypeCourt Filing
                                                                                    ORDER referring case to Mag. Judge Orenstein for pre-trial purposes.( signed by Judge Nina Gershon on 9/18/96). (Greene, Donna) (Entered: 09/23/1996)
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                                                                                      Legal Document (Payment Possibly Required) 3 Filed: 5/1/1996, Entered: None Unknown Document Type
                                                                                      ANSWER to Complaint by Home Depot, Inc.; jury demand (Donovan, Donna) (Entered: 05/03/1996)
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                                                                                        Legal Document (Payment Possibly Required) 2 Filed: 4/29/1996, Entered: None Unknown Document Type
                                                                                        LETTER dated 04/24/96 from Steven Lewbel to Clerk of the Court RE: On 4/2/96 Keller Industries filed a voluntary petition for relief under Chapter 11. Accordingly, all actions pending against Keller are automatically stayed. (Donovan, Donna) (Entered: 04/30/1996)
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                                                                                          Legal Document (Payment Possibly Required) 1 Filed: 4/22/1996, Entered: None Unknown Document Type
                                                                                          NOTICE OF REMOVAL; FILING FEE $ 120.00 RECEIPT # 182341 (Kearney, Tom) (Entered: 04/25/1996)
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