Magnum Towing & Recovery v. City of Toledo

Federal Civil Lawsuit Ohio Northern District Court, Case No. 3:04-cv-07671
District Judge James G. Carr, presiding
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District Judge James G. Carr
Last Updated January 14, 2019 at 7:36 AM EST (6.9 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Anna Petrey, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
TERMINATED: 05/26/2005, TERMINATED: 05/26/2005 Patricia Horner +1 419 699 6163 +1 419 244 1119 Attorneypath@gmail.com
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Timothy A Magee +1 419 353 1856 law.magee@gmail.com

Represented by The McGovern Law Firm

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Michael P. McGovern, PHV +1 865 686 4891 +1 865 687 1732 michael@themcgovernlawfirm.com
No Logo Magnum Towing & Recovery, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
TERMINATED: 05/26/2005, TERMINATED: 05/26/2005 Patricia Horner +1 419 699 6163 +1 419 244 1119 Attorneypath@gmail.com
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Timothy A Magee +1 419 353 1856 law.magee@gmail.com

Represented by The McGovern Law Firm

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Michael P. McGovern, PHV +1 865 686 4891 +1 865 687 1732 michael@themcgovernlawfirm.com
v.
No Logo City of Toledo, Defendant

Represented by City of Toledo

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY J. James Bishop, II +1 419 245 1020 +1 419 245 1090 jim.bishop@toledo.oh.gov

Represented by City of Toledo - One Government Center

Name Phone Fax E-Mail
, , ATTORNEY TO BE NOTICED Keith J. Winterhalter +1 419 245 1020 +1 419 245 1090

Represented by INVALID - City of Toledo

Name Phone Fax E-Mail
TERMINATED: 02/16/2007, TERMINATED: 02/16/2007, TERMINATED: 02/16/2007 James G. Burkhardt +1 419 245 1020 +1 419 245 1090

Represented by Ohio Department of Rehabilitation & Correction

Name Phone Fax E-Mail
TERMINATED: 02/16/2007, TERMINATED: 02/16/2007, TERMINATED: 02/16/2007 Samuel J. Nugent +1 419 213 8950 +1 419 213 8819 nugens@odjfs.state.oh.us
No Logo Jeff Henessey, Defendant

Represented by City of Toledo

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY J. James Bishop, II +1 419 245 1020 +1 419 245 1090 jim.bishop@toledo.oh.gov

Represented by City of Toledo - One Government Center

Name Phone Fax E-Mail
, , ATTORNEY TO BE NOTICED Keith J. Winterhalter +1 419 245 1020 +1 419 245 1090

Represented by INVALID - City of Toledo

Name Phone Fax E-Mail
TERMINATED: 02/16/2007, TERMINATED: 02/16/2007, TERMINATED: 02/16/2007 James G. Burkhardt +1 419 245 1020 +1 419 245 1090

Represented by Ohio Department of Rehabilitation & Correction

Name Phone Fax E-Mail
TERMINATED: 02/16/2007, TERMINATED: 02/16/2007, TERMINATED: 02/16/2007 Samuel J. Nugent +1 419 213 8950 +1 419 213 8819 nugens@odjfs.state.oh.us
No Logo Kathy Trautman, Defendant

Represented by City of Toledo

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY J. James Bishop, II +1 419 245 1020 +1 419 245 1090 jim.bishop@toledo.oh.gov

Represented by City of Toledo - One Government Center

Name Phone Fax E-Mail
, , ATTORNEY TO BE NOTICED Keith J. Winterhalter +1 419 245 1020 +1 419 245 1090

Represented by INVALID - City of Toledo

Name Phone Fax E-Mail
TERMINATED: 02/16/2007, TERMINATED: 02/16/2007, TERMINATED: 02/16/2007 James G. Burkhardt +1 419 245 1020 +1 419 245 1090

Represented by Ohio Department of Rehabilitation & Correction

Name Phone Fax E-Mail
TERMINATED: 02/16/2007, TERMINATED: 02/16/2007, TERMINATED: 02/16/2007 Samuel J. Nugent +1 419 213 8950 +1 419 213 8819 nugens@odjfs.state.oh.us
Other Parties
No Logo Atlas Paving, Inc., Interested Party

Represented by Ste. H

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY Thomas D. Pigott +1 419 776 4567 +1 419 776 4569 tpigott@pigottlaw.com
Attributes
Citation Section 28 U.S.C. § 1331
Nature of Suit 440 - Civil Rights: Other
Timeline
  Entries (97) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required)  Filed: 9/11/2008, Entered: None Unknown Document Type
Certified record returned from the USCA for the Sixth Circuit re 87 Notice of Appeal, containing 1 volume of deposition (H, SP)
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Legal Document (Payment Possibly Required) 92 Filed: 8/11/2008, Entered: None Unknown Document Type
True copy of mandate from the USCA for the Sixth Circuit: Affirming the judgment of the District Court as to 87 Notice of Appeal (USCA# 07-4212). Date issued as mandate 8/8/08, Costs: None (H, SP) (Entered: 08/14/2008)
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Legal Document (Payment Possibly Required) 91 Filed: 7/17/2008, Entered: None Unknown Document TypeCourt Filing
Information Copy of opinion from USCA for the Sixth Circuit: Affirming the decision of the District Court re 87 Notice of Appeal (USCA# 07-4212). This is not a mandate order. Circuit Judges: Sutton and Cook, District Judge: Rose. Date issued by USCA 7/15/08 (H, SP) (Entered: 07/18/2008)
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Legal Document (Payment Possibly Required) 90 Filed: 7/9/2008, Entered: None Unknown Document Type
Certified and Transmitted Record on Appeal to U.S. Court of Appeals for the Sixth Circuit: Document #71 (re 87 Notice of Appeal). (M,C) (Entered: 07/09/2008)
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Legal Document (Payment Possibly Required) 89 Filed: 10/10/2007, Entered: None Unknown Document Type
Acknowledgment from the USCA for Sixth Circuit of receipt of 87 Notice of Appeal (USCA# 07-4212). Date filed in USCA 10/4/07. (H, SP) (Entered: 10/10/2007)
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Legal Document (Payment Possibly Required) 88 Filed: 10/8/2007, Entered: None Unknown Document Type
Transcript Request by Magnum Towing & Recovery and Anna Petrey re 87 Notice of Appeal. Transcript is unnecessary, there were no hearings (Magee, Timothy). Modified text on 10/10/2007 (H, SP). (Entered: 10/08/2007)
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Legal Document (Payment Possibly Required) 87 Filed: 9/27/2007, Entered: None Unknown Document Type
NOTICE OF APPEAL to the 6th Circuit Court of Appeals from the 84 Order and 85 Judgment of 8/29/07, filed by plaintiffs Magnum Towing & Recovery and Anna Petrey. (Filing fee of $455 paid, receipt number 2652569) (Magee, Timothy). Modified text on 9/27/2007 (H, SP). (Entered: 09/27/2007)
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Legal Document (Payment Possibly Required) 86 Filed: 9/26/2007, Entered: None Unknown Document Type
FILING ERROR, ATTORNEY USED WRONG EVENT. SEE DOCUMENT 87 FOR CORRECT ENTRY. Appellant Notice Of Appeal filed by Magnum Towing & Recovery, Anna Petrey. Related document(s) 85, 84 (Magee, Timothy). Modified for error message on 9/27/2007 (H, SP). (Entered: 09/26/2007)
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Legal Document (Payment Possibly Required) 85 Filed: 8/29/2007, Entered: None Unknown Document TypeCourt Filing
Judgment Entry: For the reasons stated in the Order filed 8/29/07, ordered that the Defendants' motion to strike is denied. Defendants' motion for summary judgment is granted. Case closed. Signed by Judge James G. Carr on 8/29/2007.(S,AL) (Entered: 08/29/2007)
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Legal Document (Payment Possibly Required) 84 Filed: 8/29/2007, Entered: None Unknown Document TypeCourt Filing
Order: Defendants' motion to strike is denied. Defendants' motion for summary judgment is granted. (Related Doc # [69(Related Doc # 78 ). Signed by Judge James G. Carr on 8/29/2007.(S,AL) (Entered: 08/29/2007)
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Legal Document (Payment Possibly Required) 83 Filed: 8/23/2007, Entered: None Unknown Document Type
Response to 78 Motion to strike Exhibits to the Affidavit of Timothy A. Magee, 81 Motion to strike Exhibits to Plaintiffs' Supplement to Summary Judgment Response surreply filed by all plaintiffs. (Attachments: # 1 Exhibit A affidavit lewand# 2 Exhibit B affidavit zumfelde# 3 Exhibit C affidavit Petry)(Magee, Timothy) (Entered: 08/23/2007)
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Legal Document (Payment Possibly Required) 82 Filed: 8/13/2007, Entered: None Unknown Document Type
Supplement of Authority to Defendants' Motion to Strike Exhibits to Plaintiffs' Supplement to Summary Judgment Response filed by City of Toledo, Kathy Trautman, Jeff Henessey. (Attachments: # 1 Case Law)(Winterhalter, Keith) Modified on 8/15/2007 (A, P). (Entered: 08/13/2007)
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Legal Document (Payment Possibly Required) 81 Filed: 8/13/2007, Entered: None Unknown Document Type
Motion to strike Exhibits to Plaintiffs' Supplement to Summary Judgment Response filed by City of Toledo, Kathy Trautman, Jeff Henessey. (Winterhalter, Keith) (Entered: 08/13/2007)
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Legal Document (Payment Possibly Required) 80 Filed: 8/11/2007, Entered: None Unknown Document Type
Supplement to Plaintiffs Response to Motion For Summary Judgment filed by all plaintiffs. Related document(s) 72 . (Attachments: # 1)(Magee, Timothy) (Entered: 08/11/2007)
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Legal Document (Payment Possibly Required) 79 Filed: 7/25/2007, Entered: None Unknown Document Type
First Notice of intent to file sur-reply filed by all plaintiffs. (Magee, Timothy) (Entered: 07/25/2007)
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Legal Document (Payment Possibly Required) 78 Filed: 7/19/2007, Entered: None Unknown Document Type
Motion to strike Exhibits to the Affidavit of Timothy A. Magee filed by City of Toledo, Kathy Trautman, Jeff Henessey. (Attachments: # 1 Case Law)(Bishop, J.) (Entered: 07/19/2007)
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Legal Document (Payment Possibly Required) 77 Filed: 7/16/2007, Entered: None Unknown Document Type
Reply in support of 69 Motion for summary judgment With Memorandum In Support filed by Kathy Trautman, Jeff Henessey. (Attachments: # 1 Affidavit and Code Sections)(Bishop, J.) (Entered: 07/16/2007)
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Legal Document (Payment Possibly Required) 76 Filed: 7/16/2007, Entered: None Unknown Document Type
FILING ERROR. Motion to strike Exhibits to the Affidavit of Timothy A. Magee filed by City of Toledo, Kathy Trautman, Jeff Henessey. (Attachments: # 1 Case Law)(Bishop, J.) Modified on 7/19/2007. Wrong document attached. Attorney notified to refile. (G, D). (Entered: 07/16/2007)
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Legal Document (Payment Possibly Required) 75 Filed: 7/5/2007, Entered: None Unknown Document Type
Exhibit B (CD - on file in Clerk's Office) to Response to Motion for summary judgment filed by plaintiffs. Related document(s) 74 . (A,P) Modified on 7/6/2007 (G, D). (Entered: 07/06/2007)
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Legal Document (Payment Possibly Required) 74 Filed: 7/5/2007, Entered: None Unknown Document Type
Response to 69 Motion for summary judgment filed by all plaintiffs. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(A,P) (Entered: 07/06/2007)
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Legal Document (Payment Possibly Required) 73 Filed: 7/5/2007, Entered: None Unknown Document Type
Notice of Manual Filing of attachments to Exhibit B of Plaintiff's Response filed by all plaintiffs. Related document(s) 72 .(Magee, Timothy) (Entered: 07/05/2007)
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Legal Document (Payment Possibly Required) 72 Filed: 7/3/2007, Entered: None Unknown Document Type
Response to 69 Motion for summary judgment With Memorandum In Support filed by all plaintiffs. (Attachments: # 1 Exhibit C Auction Results# 2 Exhibit A Affidavit of Kevin Trombley# 3 Exhibit B Affidavit of Counsel)(Magee, Timothy) Modified on 7/6/2007 (G, D). (Entered: 07/03/2007)
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Legal Document (Payment Possibly Required) 71 Filed: 6/18/2007, Entered: None Unknown Document Type
Deposition of Anna Petry taken on 5/18/07. Complete document on file, 153 and 97 exhibit pages. filed by all defendants. (A,P) (Entered: 06/19/2007)
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Legal Document (Payment Possibly Required) 70 Filed: 6/18/2007, Entered: None Unknown Document Type
Notice of Filing Deposition Transcript filed by City of Toledo, Kathy Trautman, Jeff Henessey. (Bishop, J.) (Entered: 06/18/2007)
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Legal Document (Payment Possibly Required) 69 Filed: 6/18/2007, Entered: None Unknown Document Type
Motion for summary judgment With Memorandum In Support filed by City of Toledo, Kathy Trautman, Jeff Henessey. (Attachments: # 1 Exhibit Exhibit A - D)(Bishop, J.) (Entered: 06/18/2007)
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Legal Document (Payment Possibly Required) 68 Filed: 6/6/2007, Entered: None Unknown Document TypeCourt Filing
Order granting 66 defendants' motion to Extend Deadlines; motion for summary judgment due 6/18/07; opposition due 7/3/07; reply due 7/15/07. Signed by Judge James G. Carr on 6/6/2007.(S,AL) (Entered: 06/06/2007)
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Legal Document (Payment Possibly Required) 67 Filed: 5/22/2007, Entered: None Unknown Document Type
Proposed Order Granting Motion for Extension of Deadline for Summary Judgment Motions filed by City of Toledo, Kathy Trautman, Jeff Henessey. (Bishop, J.) (Entered: 05/22/2007)
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Legal Document (Payment Possibly Required) 66 Filed: 5/22/2007, Entered: None Unknown Document Type
Motion for extension of Motions for Summary Judgment until 06-18-2007 filed by City of Toledo, Kathy Trautman, Jeff Henessey. (Bishop, J.) (Entered: 05/22/2007)
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Legal Document (Payment Possibly Required) 65 Filed: 4/9/2007, Entered: None Unknown Document TypeCourt Filing
Stipulation & Order: discovery deadline extended to 4/2/07; dispositive motion deadline extended to 6/1/07. Signed by Judge James G. Carr on 4/9/2007.(S,AL) (Entered: 04/09/2007)
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Legal Document (Payment Possibly Required) 64 Filed: 3/30/2007, Entered: None Unknown Document Type
Notice to take Deposition of Anna Petrey on May 11, 2007 filed by all defendants. (Bishop, J.) (Entered: 03/30/2007)
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Legal Document (Payment Possibly Required) 63 Filed: 3/30/2007, Entered: None Unknown Document Type
Notice of Service of defendants request for production of documents and interrogatoriesfiled by all defendants. (Bishop, J.) Modified on 4/2/2007 (G, D). (Entered: 03/30/2007)
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Legal Document (Payment Possibly Required) 62 Filed: 3/30/2007, Entered: None Unknown Document Type
First Notice to take Deposition of Sargent Waylond Ryder on TBA filed by all plaintiffs. (Magee, Timothy) (Entered: 03/30/2007)
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Legal Document (Payment Possibly Required) 61 Filed: 3/30/2007, Entered: None Unknown Document Type
Proposed Stipulation of Parties regarding discovery filed by all defendants. (Bishop, J.) Modified on 4/2/2007 (G, D). (Entered: 03/30/2007)
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Legal Document (Payment Possibly Required) 60 Filed: 3/19/2007, Entered: None Unknown Document Type
Answer to Amended Complaint (Related Doc # 29 ) filed by City of Toledo, Kathy Trautman, Jeff Henessey. (Bishop, J.) (Entered: 03/19/2007)
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Legal Document (Payment Possibly Required)  Filed: 3/16/2007, Entered: None Unknown Document Type
Minutes of proceedings [non-document].Final Pretrial Conference and settlement conference held on 3/16/2007, before Magistrate Judge Vernelis K. Armstrong. Settlement was unsuccessful. (S,PA)
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Legal Document (Payment Possibly Required) 59 Filed: 2/27/2007, Entered: None Unknown Document TypeCourt Filing
Stipulation & Order re 58 Joint Stipulation filed by all parties moving final pretrial and settlement conference on 3/8/07 from 10:30 a.m. to 1:00 p.m. signed by Magistrate Judge Vernelis K. Armstrong on 02/27/07.(L,JA) (Entered: 02/27/2007)
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Legal Document (Payment Possibly Required) 58 Filed: 2/23/2007, Entered: None Unknown Document Type
Proposed Stipulation to reschedule final pretrial and settlement conference to 3/8/07 at 1:00 p.m. filed by all parties. (Magee, Timothy) Modified on 2/26/2007 (G, D). (Entered: 02/23/2007)
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Legal Document (Payment Possibly Required) 57 Filed: 2/16/2007, Entered: None Unknown Document Type
Notice of Substitution of Counsel removing attorney Nugent and Burkhardt and adding attorney J. James Bishop, II filed by on behalf of all defendants. (Bishop, J.) (Entered: 02/16/2007)
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Legal Document (Payment Possibly Required) 56 Filed: 2/15/2007, Entered: None Unknown Document TypeCourt Filing
Marginal Order granting Motion for appearance pro hac vice by attorney Michael P. McGovern for Magnum Towing & Recovery and Anna Petrey (Related Doc # 55 ). Signed by Judge James G. Carr on 2/13/2007.(S,AL) (Entered: 02/15/2007)
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Legal Document (Payment Possibly Required) 55 Filed: 2/8/2007, Entered: None Unknown Document Type
Motion for attorney Michael P. McGovern to Appear Pro Hac Vice Filing fee $100, receipt number 14660006454. filed by Magnum Towing & Recovery, Anna Petrey. Filing fee paid; receipt number 14660006454. (Attachments: # 1 Exhibit - certificate of good standing)(C,B) Replaced the wrong uploaded document with the correct one on 2/13/2007 (C, Br). (Entered: 02/08/2007)
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Legal Document (Payment Possibly Required)  Filed: 2/8/2007, Entered: None Unknown Document Type
Financial Transaction in the amount of $100.00 received for motion to appear pro hac vice by attorney Michael P. McGovern, Receipt # 14660006454 (C,BA)
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Legal Document (Payment Possibly Required) 54 Filed: 1/24/2007, Entered: None Unknown Document TypeCourt Filing
Order re 53 Order - Final Pretrial Conference/Settlement Conference previously set for 2/21/07 is re-set for 3/8/2007 10:30 AM in Chambers 318 before Magistrate Judge Vernelis K. Armstrong. Ex parte narrative statement is due one week prior to conference or by 3/1/07. Signed by Magistrate Judge Vernelis K. Armstrong on 01/24/07. (L,JA) (Entered: 01/24/2007)
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Legal Document (Payment Possibly Required) 53 Filed: 11/16/2006, Entered: None Unknown Document TypeCourt Filing
Order re 51 per Chief Judge Carr, final settlement and pretrial conference set for 2/21/2007 10:30 AM in Chambers 318 before Magistrate Judge Vernelis K. Armstrong. All parties shall attend in person. Ex parte narrative statements are due one week prior to settlement conferernce. Signed by Magistrate Judge Vernelis K. Armstrong on 11/16/06. (L, Jo Ann) (Entered: 11/16/2006)
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Legal Document (Payment Possibly Required) 52 Filed: 11/15/2006, Entered: None Unknown Document Type
Notice of Service of Discovery filed by all plaintiffs. (Magee, Timothy) (Entered: 11/15/2006)
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Legal Document (Payment Possibly Required) 51 Filed: 11/2/2006, Entered: None Unknown Document TypeCourt Filing
Scheduling Order. Status/Scheduling Conference held on 10/31/06. Leave granted to plaintiff to file renewed discovery requests by 11/15/06. Final Discovery deadline 3/1/2007. Dispositive Motions due by 4/1/2007, opposition/counter-motion due 5/1/07, reply/opposition due 5/15/07, reply due 6/1/07. Jury Trial set for 9/4/2007 at 1:30 PM before Hon. James G. Carr. Voir Dire set for 9/4/2007 at 8:30AM before Magistrate Judge Vernelis K. Armstrong. Initial settlement conference to be held at request of any party. Mediation or other ADR to be completed in sufficient time to avoid alteration of deadlines set. Final settlement and pretrial conference to be held before Magistrate at date and time to be determined by her. Signed by Judge James G. Carr (A, P) (Entered: 11/02/2006)
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Legal Document (Payment Possibly Required)  Filed: 10/23/2006, Entered: None Unknown Document Type
Notice of Hearing (non document): A scheduling conference is set for 10/31/2006 at 2:00 PM before Hon. James G. Carr, 1716 Spielbusch Ave, Room 210, Toledo, Ohio. (S, A)
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Legal Document (Payment Possibly Required) 50 Filed: 7/21/2006, Entered: None Unknown Document Type
Status Report and Request For New Case Management Order filed by all plaintiffs. (Magee, Timothy) Modified on 7/25/2006 (B, T). (Entered: 07/21/2006)
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Legal Document (Payment Possibly Required) 49 Filed: 7/21/2006, Entered: None Unknown Document TypeCourt Filing
Order: the parties shall file a status report by August 1, 2006 or show cause why this case should not be dismissed for want of prosecution. Signed by Judge James G. Carr on 7/21/2006. (S, A) Modified on 7/25/2006 (B, T). (Entered: 07/21/2006)
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Legal Document (Payment Possibly Required) 48 Filed: 6/14/2006, Entered: None Unknown Document TypeCourt Filing
Order of Pretrial Conference held on 6/12/2006. The 6/26/06 jury trial vacated; status report due by 7/15/2006. Signed by Judge James G. Carr on 6/14/2006. (S, A L) (Entered: 06/14/2006)
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Legal Document (Payment Possibly Required) 47 Filed: 5/9/2006, Entered: None Unknown Document TypeCourt Filing
Order: The defendant's motion to dismiss the second cause of action is dismissed. The defendants' motion to dismiss the third cause of action is granted with respect to all challenges to the City's ability to open its own tow lot and make subsequent changes (or amendments) to Code provisions, and overruled with respect to plaintiff's allegations concerning Magnum's removal from the tow rotation on two occasions. The defendants' motion to dismiss the fourth cause of action is granted with respect to Magnum's demand for payment for secondary tows to auction sites and claim that the City does not follow O.R.C. 4513.62, and overruled with respect to allegations the City retroactively applied changes to the percentage towers would receive from auctions of vehicles. The defendants' motion to dismiss the first cause of action is granted. The defendants' motion to dismiss the fifth cause of action is granted. The defendants' motion to dismiss the sixth cause of action is granted. Magnum's motion for partial summary judgment as to its due process claims is denied, without prejudice to renew as to its claims relating to its removal from the tow rotation on two occasions. (Related Doc # 34 )(Related Doc # 36 ). Signed by Judge James G. Carr on 5/9/2006.(S, A L) Modified on 5/11/2006 (B, T). (Entered: 05/09/2006)
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Legal Document (Payment Possibly Required) 46 Filed: 1/20/2006, Entered: None Unknown Document Type
Notice of failure to file electronically, pursuant to Local Rule 5.1(c). Non-compliant document: 45 Exhibits filed by Anna Petrey,, Magnum Towing & Recovery, Related document(s) 45 . (G, D) (Entered: 01/23/2006)
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Legal Document (Payment Possibly Required) 45 Filed: 1/20/2006, Entered: None Unknown Document Type
Exhibit(s) A through G to reply to defendants' response to plaintiffs' motion for partial summary judgment filed by all plaintiffs. Related document(s) 43 . (G, D) (Entered: 01/23/2006)
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Legal Document (Payment Possibly Required) 44 Filed: 1/20/2006, Entered: None Unknown Document Type
Notice of Manual Filing of exhibits to reply filed by all plaintiffs. Related document(s) 43 . (Magee, Timothy) (unsigned, filer notified) Modified on 1/27/2006 (R, Ci). (Entered: 01/20/2006)
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Legal Document (Payment Possibly Required) 43 Filed: 1/20/2006, Entered: None Unknown Document Type
Reply to response to Motion for partial summary judgment filed by all plaintiffs. Related document(s) 36 . (Magee, Timothy)(unsigned, filer notified) Modified on 1/27/2006 (R, Ci). (Entered: 01/20/2006)
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Legal Document (Payment Possibly Required) 42 Filed: 1/3/2006, Entered: None Unknown Document Type
Opposition to Motion for partial summary judgment filed by all defendants. Related document(s) 36 . (Attachments: # 1 Affidavit # 2 Reply)(Burkhardt, James) Modified on 1/12/2006 (G, D). (Entered: 01/03/2006)
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Legal Document (Payment Possibly Required) 41 Filed: 12/12/2005, Entered: None Unknown Document Type
Opposition to defendants' Motion to dismiss case filed by all plaintiffs. Related document(s) 34 . (S, A L) (Entered: 12/12/2005)
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Legal Document (Payment Possibly Required) 40 Filed: 12/12/2005, Entered: None Unknown Document TypeCourt Filing
Marginal Order granting plaintiff's motion for leave to file a response to the motion to dismiss (Related Doc # 39 ). Signed by Judge James G. Carr on 12/9/2005.(S, A L) (Entered: 12/12/2005)
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Legal Document (Payment Possibly Required) 39 Filed: 12/7/2005, Entered: None Unknown Document Type
Motion for leave to file response to Motion to dismiss instanter filed by all plaintiffs. Related document(s) 34 . (Attachments: # 1 proposed response)(R, Ci) (Entered: 12/08/2005)
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Legal Document (Payment Possibly Required) 38 Filed: 12/6/2005, Entered: None Unknown Document TypeCourt Filing
Marginal Order granting 37 plaintiff's Motion for Extension of Time until 12/5/05 to file a response to the motion to dismiss. Signed by Judge James G. Carr on 12/6/2005.(S, A L) (Entered: 12/06/2005)
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Legal Document (Payment Possibly Required) 37 Filed: 11/30/2005, Entered: None Unknown Document Type
Motion for extension of time until 12/5/05 to respond to defendants motion to dismiss filed by all plaintiffs. (G, D) (Entered: 12/02/2005)
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Legal Document (Payment Possibly Required) 36 Filed: 11/30/2005, Entered: None Unknown Document Type
Motion for partial summary judgment with Exhibits A and B attached, filed by all plaintiffs. (G, D) Modified docket text on 12/6/2005, page 18 is upside down (R, N). (Entered: 12/02/2005)
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Legal Document (Payment Possibly Required) 35 Filed: 10/31/2005, Entered: None Unknown Document Type
Appendix to defendants' memorandum in support of motion to dismiss (Complete document on file in Clerk's Office) filed by all defendants. Related document(s) 34 . (G, D) (Entered: 11/01/2005)
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Legal Document (Payment Possibly Required) 34 Filed: 10/31/2005, Entered: None Unknown Document Type
Motion to dismiss first amended complaint with memorandum in support filed by all defendants. (Burkhardt, James) Modified text on 11/14/2005 (M, V). (Entered: 10/31/2005)
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Legal Document (Payment Possibly Required) 33 Filed: 10/20/2005, Entered: None Unknown Document Type
Initial Disclosures of Defendant Pursuant to Rule 26(a)(1) filed by all defendants. (Burkhardt, James) (Entered: 10/20/2005)
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Legal Document (Payment Possibly Required) 32 Filed: 9/30/2005, Entered: None Unknown Document Type
DOCUMENT FILED IN ERROR - SIGNATURE OMITTED. Initial Disclosures of Defendant Pursuant to Rule 26(a)(1) filed by all defendants. (Burkhardt, James) Modified text on 10/13/2005 (R, Li). Notified attorney of omission, document to be refiled. (Entered: 09/30/2005)
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Legal Document (Payment Possibly Required) 31 Filed: 9/29/2005, Entered: None Unknown Document TypeCourt Filing
Marginal Entry Order granting defendants' 30 Motion for Extension of Time to 10/31/05 to plead to amended complaint. Signed by Judge James G. Carr on 9/29/05.(A, P) (Entered: 09/29/2005)
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Legal Document (Payment Possibly Required) 30 Filed: 9/26/2005, Entered: None Unknown Document TypeCourt Filing
Motion for extension of time until October 31, 2005 to move, plead or otherwise respond to Plaintiffs' First Amended Complaint filed by all defendants. (Burkhardt, James) Modified on 9/26/2005, this document has the Judges' electronic signature on the second page. This motion has not been ruled on as of 9/26/05 (R, N). (Entered: 09/26/2005)
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Legal Document (Payment Possibly Required) 29 Filed: 9/15/2005, Entered: None Unknown Document Type
First Amended complaint with jury demand against City of Toledo, Kathy Trautman, Jeff Henessey. Filed by Magnum Towing & Recovery, Anna Petrey. Related Document 1 (Attachments: # 1 exhibits)(R, Ci) Modified text creating link on 9/20/2005 (M, V). (Entered: 09/16/2005)
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Legal Document (Payment Possibly Required) 27 Filed: 9/2/2005, Entered: None Unknown Document TypeCourt Filing
Order. Status/Scheduling Conference held on 8/30/05. Parties to be Joined and Pleading Amendments due by 9/15/2005. Discovery re: summary judgment due by 2/28/2006. Other discovery due 5/15/06. Motion for summary judgment due by 3/31/2006, opposition due 4/20/06, reply due 5/1/06. Jury Trial set for 6/27/2006 at 8:30 AM before Hon. James G. Carr. Voir Dire set for 6/26/2006 at 1:30PM before Magistrate Judge Vernelis K. Armstrong. Final Settlement Conference set for 6/12/2006 at 3:00 PM before Hon. James G. Carr. All further proceedings are to be filed electronically. Signed by Judge James G. Carr (A, P) (Entered: 09/02/2005)
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Legal Document (Payment Possibly Required) 26 Filed: 9/2/2005, Entered: None Unknown Document TypeCourt Filing
Order: Motion for temporary restraining order denied due 28 to untimeliness, lack of likelihood of success on the merits, availability of remedy at law, and adverse impact on the public interest. Leave granted to plaintiff to amend complaint on or before September 15, 2005. Defendants to file initial dispositive motion on or before October 31, 2005; opposition due November 30, 2005; reply due December 15, 2005. Signed by Judge James G. Carr. (S, A L) Modified text on 9/6/2005 (M, V). (Entered: 09/02/2005)
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Legal Document (Payment Possibly Required) 28 Filed: 8/31/2005, Entered: None Unknown Document Type
Motion for temporary restraining order filed by all plaintiffs. (G, D) (Entered: 09/02/2005)
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Legal Document (Payment Possibly Required) 25 Filed: 8/5/2005, Entered: None Unknown Document Type
Notice of Hearing: A Scheduling Conference set for 8/30/2005 at 4:30 PM. (S, A L) (Entered: 08/05/2005)
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Legal Document (Payment Possibly Required) 24 Filed: 7/29/2005, Entered: None Unknown Document Type
Status Report filed by all defendants. (Burkhardt, James) (Entered: 07/29/2005)
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Legal Document (Payment Possibly Required) 23 Filed: 7/12/2005, Entered: None Unknown Document TypeCourt Filing
Order: further status reports to be filed by 7/30/05. Signed by Judge James G. Carr on 7/12/2005. (S, A L) (Entered: 07/12/2005)
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Legal Document (Payment Possibly Required) 22 Filed: 6/30/2005, Entered: None Unknown Document Type
Status Report filed by all parties. (Burkhardt, James) Modified on 7/7/2005 (N, D). (Entered: 06/30/2005)
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Legal Document (Payment Possibly Required) 21 Filed: 5/26/2005, Entered: None Unknown Document TypeCourt Filing
Marginal Order granting Attorney Patricia Horner's motion to withdraw as attorney for the plaintiffs. (Related Doc # 20 ). Signed by Judge James G. Carr on 5/26/2005.(S, A L) Additional attachment(s) added on 5/31/2005 (S, A L). (Entered: 05/26/2005)
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Legal Document (Payment Possibly Required) 20 Filed: 5/25/2005, Entered: None Unknown Document Type
Motion to withdraw as attorney filed by all plaintiffs. (Horner, Patricia) (Entered: 05/25/2005)
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Legal Document (Payment Possibly Required) 19 Filed: 5/23/2005, Entered: None Unknown Document TypeCourt Filing
Order: further status reports to be filed by 6/30/05. Signed by Judge James G. Carr on 5/23/2005. (S, A L) (Entered: 05/23/2005)
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Legal Document (Payment Possibly Required) 18 Filed: 5/16/2005, Entered: None Unknown Document Type
Status Report filed by defendants. (Burkhardt, James) Modified on 5/18/2005 (N, D). (Entered: 05/16/2005)
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Legal Document (Payment Possibly Required) 17 Filed: 4/28/2005, Entered: None Unknown Document TypeCourt Filing
Order granting Atlas Paving's motion to intervene as a party. Atlas Paving is allowed to intevene in this aciton for purposes of providing all parties notice of its claims of lien and to protect its lien rights against any recovery or proceeds to be received by Magnum Towing and Recovery and Kevin Trombley. Further ordered that any and all proceeds forthcoming to Magnum Towing and/or Kevin Trombley shall be paid and deposited with this Court and that Atlas Paving's judgment shall be satisfied prior to any other funds being distributed to any party (Related Doc # 14 ). Signed by Judge James G. Carr on 4/28/2005.(S, A L) (Entered: 04/28/2005)
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Legal Document (Payment Possibly Required) 16 Filed: 3/23/2005, Entered: None Unknown Document Type
Notice/Request to receive notices filed by Atlas Paving, Inc.. (G, D) (Entered: 03/24/2005)
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Legal Document (Payment Possibly Required) 15 Filed: 3/23/2005, Entered: None Unknown Document Type
Corporate Disclosure Statement filed by Atlas Paving, Inc.. (G, D) (Entered: 03/24/2005)
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Legal Document (Payment Possibly Required) 14 Filed: 3/23/2005, Entered: None Unknown Document Type
Motion to intervene as an interested party filed by Atlas Paving, Inc.. (Attachments: # 1 Proposed Order)(G, D) (Entered: 03/24/2005)
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Legal Document (Payment Possibly Required) 13 Filed: 2/14/2005, Entered: None Unknown Document TypeCourt Filing
Case Management Conference Order: case management conference held in abeyance pending status report, which shall be filed by 5/16/05. Further proceedings are held in abeyance pending the filing of the status report or further court order. Signed by Judge James G. Carr on 2/14/2005. (S, A L) (Entered: 02/14/2005)
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Legal Document (Payment Possibly Required) 12 Filed: 2/3/2005, Entered: None Unknown Document Type
Notice of Hearing: case management conference to be held on 2/14/2005 at 08:30 AM before Hon. James G. Carr. (S, A L) (Entered: 02/03/2005)
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Legal Document (Payment Possibly Required) 11 Filed: 1/13/2005, Entered: None Unknown Document Type
Attorney Appearance of Timothy A. Magee as co-counsel filed by on behalf of Magnum Towing & Recovery and Anna Petrey. (B, T) (Entered: 01/13/2005)
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Legal Document (Payment Possibly Required) 10 Filed: 1/10/2005, Entered: None Unknown Document Type
Notice of Service of Complaint on Attorney General filed by all plaintiffs. (Horner, Patricia) (Entered: 01/10/2005)
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Legal Document (Payment Possibly Required) 9 Filed: 1/6/2005, Entered: None Unknown Document TypeCourt Filing
Order transferring case to Judge James G. Carr for all further proceedings. Signed by Judge David A. Katz on 1/4/05 and Judge James G. Carr on 1/6/05. (A, P) (Entered: 01/06/2005)
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Legal Document (Payment Possibly Required) 8 Filed: 12/13/2004, Entered: None Unknown Document Type
Notice of filing exhibit to defendant's answer to plaintiff's complaint filed by on behalf of defendants. (Attachments: # 1 Exhibit)Related document(s) 7 . (B, T) (Entered: 12/15/2004)
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Legal Document (Payment Possibly Required) 7 Filed: 12/13/2004, Entered: None Unknown Document Type
Answer to Complaint with Jury Demand (Related Doc # []) filed by all defendants. (Burkhardt, James) (Entered: 12/13/2004)
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Legal Document (Payment Possibly Required) 6 Filed: 11/17/2004, Entered: None Unknown Document TypeCourt Filing
MARGINAL ENTRY ORDER granting 5 defts City of Toledo, Kathy Trautman & Jeff Henessey's Motion for Extension of Time to Answer by 12/13/2004.Signed by Judge David A. Katz on 11/17/04.(B, C) (Entered: 11/17/2004)
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Legal Document (Payment Possibly Required) 5 Filed: 11/16/2004, Entered: None Unknown Document Type
Motion for extension of time until December 13, 2004 to file answer filed by all defendants. (Burkhardt, James) (Document Unsigned) Modified on 11/17/2004 (N, D). (Entered: 11/16/2004)
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Legal Document (Payment Possibly Required) 4 Filed: 11/3/2004, Entered: None Unknown Document Type
Return of Service Executed upon Kathy Trautman by certified mail on 11/1/04 filed by all plaintiffs Related document(s) 1 . (G, D) (Entered: 11/03/2004)
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Legal Document (Payment Possibly Required) 3 Filed: 11/3/2004, Entered: None Unknown Document Type
Return of Service Executed upon City of Toledo by certified mail on 11/1/04 filed by all plaintiffs Related document(s) 1 . (G, D) (Entered: 11/03/2004)
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Legal Document (Payment Possibly Required) 2 Filed: 11/3/2004, Entered: None Unknown Document Type
Return of Service Executed upon Capt. Jeff Henessey by certified mail on 11/1/04 filed by all plaintiffs Related document(s) 1 . (G, D) (Entered: 11/03/2004)
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Legal Document (Payment Possibly Required)  Filed: 10/29/2004, Entered: None Unknown Document Type
Summons issued by Clerk to City of Toledo on 10/29/2004; Jeff Henessey on 10/29/2004; Kathy Trautman on 10/29/2004 (complaint enclosed) (G, D)
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Legal Document (Payment Possibly Required) 1 Filed: 10/22/2004, Entered: None Unknown Document Type
Complaint with jury demand against all defendants (NO summons and Magistrate Consent Forms issued). Filed by Magnum Towing & Recovery, et al. Filing fee paid; receipt number 318967. (Attachments: # 1 Exhibits A-B# 2 Exhibits C-D# 3 Civil Cover Sheet)(B, T) (Entered: 10/26/2004)
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