Continental, Co. v. Ebbers, et al

Federal Civil Lawsuit New York Southern District Court, Case No. 1:03-cv-00652-DLC
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Parties
No Logo Continental, Co., Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space John W. Duchelle +1 212 662 2000

Represented by Kornstein Veisz & Wexler, LLP

Name Phone Fax E-Mail
Space Daniel Arthur Cohen +1 212 418 8640 +1 212 826 3640 dcohen@kvwmail.com

Represented by Ross Dixon & Bell

Name Phone Fax E-Mail
Space Wallace Albert Christensen +1 202 662 2007 +1 202 662 2190 wallace.christensen@troutmansanders.com

Represented by Wiley Rein LLP

Name Phone Fax E-Mail
Space Marc E. Rindner +1 202 719 7000 +1 202 719 7049 mrindner@wileyrein.com
v.
Ebbers, Bernard J. Ebbers, Bernard J., Defendant
Officially listed as "Bernard Ebbers"
No Logo Bert C. Roberts, Jr., Defendant
No Logo Carl J. Aycock, Defendant
No Logo Clifford Alexander, Jr., Defendant
No Logo David F. Myers, Defendant
No Logo Francesco Galesi, Defendant
No Logo Gordon S. Macklin, Defendant
No Logo JAMES C. ALLEN, Defendant
No Logo John A. Porter, Defendant
No Logo John W. Sidgmore, Defendant
No Logo Judith Areen, Defendant
No Logo Lawrence C. Tucker, Defendant
No Logo Max E. Bobbit, Defendant
No Logo Ronald R. Beaumont, Defendant
No Logo Scott D. Sullivan, Defendant
No Logo Stiles A. Kellett, Defendant
No Logo Susan Mayer, Defendant
Attributes
Office Foley Square
Filed 1/28/2003
Jury Demand None
Demand $75000
Nature of Suit 110 - Contract - Insurance
Cause Section 28 U.S.C. § 1391 Personal Injury
Jurisdiction Diversity
Disposition Dismissed - Settled
County XX Out of State
Terminated 3/26/2008
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flag CLOSED
Timeline
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Order of Dismissal with OCR 21 Filed: 3/26/2008, Entered: 3/26/2008 Order of DismissalCourt Filing
ORDER; this case having been resolved, the Clerk of the Court shall close the case. (Signed by Judge Denise L. Cote on 3/26/08) (sac)
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Blank -- Filed: 9/26/2005, Entered: 10/5/2005 Order Placing Case on Suspense
ORDER; the following actions are placed on this Court's suspense docket: Nos. 03civ652, 03civ758, 03civ.7927, 03civ9460, 04civ4089, 04civ4546 and 04civ4567. The following motions were granted at a conference on 2/15/05 and shall be closed on the docket: Francesco Galesi's 2/3/05 motion to compel Continental Casualty Co. to advance defense costs, 04civ4567. The following motion was denied in the 2/15 conference and shall likewise be closed on the docket: Continental Casualty Company's 2/7/05 motion to stay preliminary injunction pending appeal in No. 04civ4089. That Bert C. Roberts' 11/23/04 motion for reconsideration in 04civ4089, the only motion in these cases that remains unaddressed, is deemed withdrawn and, in the event the settlement does not become final, may be reinstated by the submission of a letter to the Court. (Signed by Judge Denise L. Cote on 9/23/05) ORIGINAL DOCUMENT FILED IN 02CIV3288, DOC#2910.(sac, )
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Blank -- Filed: 9/26/2005, Entered: 9/30/2005 Order Placing Case on Suspense
ORDER; the following actions are placed on this Court's suspense docket: Nos. 03civ652, 03civ758, 03civ.7927, 03civ9460, 04civ4089, 04civ4546 and 04civ4567. The following motions were granted at a conference on 2/15/05 and shall be closed on the docket: Francesco Galesi's 2/3/05 motion to compel Continental Casualty Co. to advance defense costs, 04civ4567. The following motion was denied in the 2/15 conference and shall likewise be closed on the docket: Continental Casualty Company's 2/7/05 motion to stay preliminary injunction pending appeal in No. 04civ4089. That Bert C. Roberts' 11/23/04 motion for reconsideration in 04civ4089, the only motion in these cases that remains unaddressed, is deemed withdrawn and, in the event the settlement does not become final, may be reinstated by the submission of a letter to the Court. (Signed by Judge Denise L. Cote on 9/23/05) Original Document filed in 02civ3288, Doc#2910.(sac, )
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Blank -- Filed: 2/11/2005, Entered: 2/22/2005 Memorandum of Law in Opposition
BERT C. ROBERTS, JR. MEMORANDUM OF LAW in Opposition to Continental Casualty Company's Motion to stay preliminary injunction pending appeal. Document filed by Bert C. Roberts, Jr. Received in the night deposit box on 2/11/05 at 4:56 p.m.. Original Document filed in 02civ3288, Doc#2305. (sac, )
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Blank -- Filed: 2/8/2005, Entered: 2/22/2005 Order
ORDER; having received Continental Casualty Company's 2/7/05 Memorandum of Law in support of its emergency motion to stay the preliminary injunction pending appeal of this Court's 2/3/05 Opinion and Order. That opposition is due by 5 p.m. on 2/11/05. Any reply is due by 5 p.m. on 2/14. That a conference to address the motion will be held on 2/15/05 at 11 a.m. at the United States Courthouse, 500 Pearl Street, in Courtroom 11B. (Signed by Judge Denise L. Cote on 2/8/05)... Original Document filed in 02civ3288, Doc#2295. (sac, )
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Blank -- Filed: 2/4/2005, Entered: 2/17/2005 Memorandum and Opinion
OPINION & ORDER #91197; the Motion by Bert C. Roberts, Jr. in 04civ4089 for preliminary injunction against Continental Casualty Company requiring it to pay his costs of defense as they are incurred pursuant to the D&O policy it issued to WorldCom is granted. This Document Relates to: 03civ652; 03civ758; 03civ7927; 03civ9460; 04civ4089; 04civ4546; and 04civ4567. (Signed by Judge Denise L. Cote on 2/3/05)... Original Document filed in 02civ3288, Doc#2247.(sac, )
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Blank -- Filed: 12/23/2004, Entered: 12/29/2004 Affidavit of Service Other
DECLARATION OF SERVICE of reply memorandum served on all persons as set forth in this declaration on 12/15/04. Service was made by E-Mail. Document filed by Bert C. Roberts Jr(dle, ) Modified on 12/29/2004 (dle, )Original document filed in case #02cv3288, document #1928.
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Blank -- Filed: 11/15/2004, Entered: 11/22/2004 Order
ORDER; that Roberts' September 8 cross-motion to enjoin the arbitration of his claims against Starr in No. 04Civ.4089 (DLC), is considered an objection to the proposed settlement. That Decision on Starr's motion to dismiss No. 04Civ.4089 for lack of subject matter and personal jurisdiction is deffered until any fairness hearing on the settlement between the Director Defendants and the class in the Securities Litigation. That any arbitration proceedings commenced by Starr relating to the claims set forth in No. 04Civ.4089, are stayed until a ruling by this Court on its motion to dismiss and Roberts' cross-motion. (Signed by Judge Denise L. Cote on 11/12/04) ORIGINAL DOCUMENT FILED IN 02 CIV. 3288, DOC#1849.(sac, )
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Blank -- Filed: 9/9/2004, Entered: 9/13/2004 Order
ORDER; that Star Excess' reply in support of its motion to dismiss and its opposition to Roberts' cross motion are to be submitted by 9/24/2004; and Roberts' reply in support of his cross motion to enjoin or stay arbitration is due by 10/1/2004. Original document filed under case number 02-cv-3288, document number 1564. (Signed by Judge Denise L. Cote on 9/9/2004) (jp, )
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Blank -- Filed: 8/27/2004, Entered: 8/30/2004 Rule 7.1 Corporate Disclosure Statement
Starr Excess Liability Insurance International Ltd's RULE 7.1 DISCLOSURE STATEMENT. (orig. docmt dktd in case no. 04 cv 4089, docmt #48)(djc, )
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Blank -- Filed: 8/23/2004, Entered: 8/25/2004 Order
ORDER. Bert C. Roberts' motion for the advancement of defense costs is considered an objection to the proposed settlement. Briefing on Roberts' 8/16 motion will be scheduled at the appropriate time. The settling parties have no further obligation to respond to Roberts' 8/16 application at this time (Signed by Judge Denise L. Cote on 8/23/04) Original entry in 00cv2843 document number 1514.(yv, )
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Blank -- Filed: 8/12/2004, Entered: 8/18/2004 Remark
ANSWER to Complaint with JURY DEMAND., COUNTERCLAIM against Bert C. Roberts, Jr.. Document filed by Twin City Fire Insurance Company. (orig. document docketed in 04cv4089 as document #41). (pl, )
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Blank -- Filed: 8/12/2004, Entered: 8/17/2004 Rule 7.1 Corporate Disclosure Statement
RULE 7.1 DISCLOSURE STATEMENT filed by Twin City Fire Insurance Company. (orig. document docketed in 02cv3288 as document #1475).(pl, )
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Blank -- Filed: 8/12/2004, Entered: 8/16/2004 Order
ORDER; that Stiles A. Kellett, Jr.'s motion to intervene in 04-cv-4089 is granted. Original document filed under case number 02-cv-3288, document number 1466. (Signed by Judge Denise L. Cote on 8/11/2004) (jp, )
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Blank -- Filed: 8/12/2004, Entered: 8/16/2004 Order
ORDER; that any pre-answer motion by Starr Excess Liability must be served and filed on or before 8/13/2004; opposition to this motion is due 9/8/2004; and any reply must be submitted by 9/22/2004; the request that 04-cv-4089 be treated as an ECF case is denied. Original document filed under case number 02-cv-3288, document number 1464. (Signed by Judge Denise L. Cote on 8/12/2004) (jp, )
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Blank -- Filed: 7/30/2004, Entered: 8/5/2004 Reply Memorandum of Law
STARR'S REPLY MEMORANDUM OF LAW response to new arguments raised in plaintiff's limited Reply Memorandum on his application for an order To Show Cause why Default Judgment should not be entered against Starr. (orig. document docketed in 0cv4089 as in document #40. (pl, )
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Blank -- Filed: 7/16/2004, Entered: 7/23/2004 Affidavit
AFFIDAVIT of Elizabeth Hutton, an employee of Starr Excess Liability Insur. Int'l. (orig. document docketed in 04cv4089 as document #30). (pl, )
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Blank -- Filed: 7/16/2004, Entered: 7/23/2004 Affidavit
AFFIDAVIT of Tona Symonds employee of Willis (Bermuda) Ltd ("Willis Bermuda") from January, 2001 to January 2003. (orig. document docketed in 04cv4567 as document #27). (pl, )
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Blank -- Filed: 7/16/2004, Entered: 7/23/2004 Affirmation in Opposition
AFFIRMATION of Julianna Ryan in Opposition application by Order to Show Cause for a Default Judgment against Starr. (pl, ) Modified on 7/23/2004 (pl, ). (Orig. document docketed in 04cv4089 as document #26).
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Blank -- Filed: 7/16/2004, Entered: 7/22/2004 Response
Opposition to the 7/7/04 Order To Show Cause and Requst to Set Aside Purported Service by Starr Excess Insurance Liability Insurans. Int'l LTD. (orig. docketed in 04cv4089 as document #25). (pl, )
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Blank -- Filed: 7/8/2004, Entered: 7/12/2004 Order
ORDER that opposition to Roberts' application is due July 14; any reply is to be submitted by July 16; that two courtesycopies of motion papers, marked as such, should be submitted to chambers at the time they are served. So Ordered. Orginal filed in case 02cv3288, doc #1385. (Signed by Judge Denise L. Cote on 7/7/04) (jco, )
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Blank -- Filed: 7/1/2004, Entered: 7/6/2004 Order
ORDER that a conference will be held on 7/7/04 at 3:30 at 500 Pearl Street in courtroom 11B to address application to compel Continental Casualty Co. to advance defense costs to Bert Roberts; counsel for Roberts shall provide notice of this conference to all parties in these actions: 03cv652, 03cv758, 03cv7927, 03cv9460, 04cv4089, 04cv4546, and 04cv4567; counsel for Roberts shall promptly serve the 6/30/04 application and memo in support on all parties in the avove listed seven related actions. Original document filed in case #02cv3288, document #1379. (Signed by Judge Denise L. Cote on 6/30/04) (dle, )
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Blank 20 Filed: 6/18/2004, Entered: 6/22/2004 Notice of Case Assignment/ReassignmentCourt Filing
NOTICE OF CASE REASSIGNMENT to Judge Denise L. Cote. Judge Alvin K. Hellerstein no longer assigned to the case. (gf, )
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Blank -- Filed: 5/20/2004, Entered: 5/24/2004 Cashiers Remark
CASHIERS OFFICE REMARK on Order on Motion to Appear Pro Hac Vice in the amount of $50.00, paid on 5/20/04, Receipt Number 508681. (sac, )
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Blank -- Filed: 5/5/2004, Entered: 5/6/2004 Transmission to Attorney Admissions Clerk
Transmission to Attorney Admissions Clerk. Transmitted re: Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (yv, )
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Blank -- Filed: 5/5/2004, Entered: 5/6/2004 Order on Motion to Appear Pro Hac Vice
ORDER granting [19] Motion for John W. Duchelle and Marc E. Rindner to Appear Pro Hac Vice . (Signed by Judge Alvin K. Hellerstein on 4/30/04) (yv, )
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Blank 19 Filed: 4/28/2004, Entered: 5/3/2004 Motion to Appear Pro Hac Vice
MOTION for an Order pursuant to Local Civil Rule 1.3(c) of the Local Rules of the Southern and Eastern Districts of New York admitting John W. Duchelle and Marc E. Rindner to practice before this Court Pro Hac Vice as attorneys for plaintiff. Certifications of Daniel A. Cohen, John W. Duchelle and Marc E. Rindner in support attached. Document filed by Continental, Co. (yv, )
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Blank 18 Filed: 4/8/2004, Entered: 4/12/2004 Stipulation and OrderCourt Filing
STIPULATION AND ORDER: pursuant to Rule 1.4, that the firms Ross, Dixon & Bell, LLP and Kornstein Veisz Wexler & Pollard, LLP shall be substituted for the firm of Kronish, Lieb, Weiner & Hellman, L.L.P. as counsel for Continental Casualty Co. Continental Casualty Co. hereby consents to said submission. (Signed by Judge Thomas P. Griesa on 4/5/04) (db, )
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Blank 17 Filed: 6/19/2003, Entered: 6/20/2003 Stipulation and OrderCourt Filing
STIPULATION and ORDER, that the time within which each served defendant may file and serve pleadings in response to the complaint is extended to a date one week after Judge Arthur Gonzalez enteres a decision on the motion to stay in the Bankruptcy proceedings 02-135533. Judge Gonzalez is expected to render his decision on or about 6/17/03, although that date may be extended by the Court on its own motion . ( signed by Judge Alvin K. Hellerstein ) (tp)
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Blank 16 Filed: 5/16/2003, Entered: 5/20/2003 Stipulation and OrderCourt Filing
STIPULATION and ORDER, reset answer to Complaint due for 6/13/03 for Lawrence C. Tucker, for Scott D. Sullivan, for John W. Sidgmore, for Bert C. Roberts Jr., for John A. Porter, for David F. Myers, for Gordon S. Macklin, for Stiles A. Kellett, for Francesco Galesi, for Max E. Bobbit, for Ronald R. Beaumont, for Carl J. Aycock, for Judith Areen, for James C. Allen, for Clifford Alexander Jr., for Susan Mayer, for Bernard Ebbers; further requests to adjourn by stip'n or for cause ( signed by Judge Alvin K. Hellerstein ) (cd)
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Blank 15 Filed: 5/8/2003, Entered: 5/9/2003 Stipulation and OrderCourt Filing
STIPULATION and ORDER, an that the time within which each served dft may file and serve pleadings in response to the complaint is extended to 5/12/03 . ( signed by Judge Alvin K. Hellerstein ) (dle)
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Blank 14 Filed: 4/11/2003, Entered: 4/15/2003 Marshal's Process Receipt and Return of Service Ex
RETURN OF SERVICE of summons and complaint executed as to Gordon S. Macklin by personal service on 2/10/03. Answer due on 3/3/03 for Gordon S. Macklin. (kw)
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Blank 13 Filed: 4/11/2003, Entered: 4/15/2003 Affidavit of Service Complaints
AFFIDAVIT OF SERVICE of as to Francesco Galesi by Mr. Hugo on 2/3/03 and by mail on 2/11/03. Answer due on 2/24/03 for Francesco Galesi. (kw)
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Blank 12 Filed: 4/11/2003, Entered: 4/15/2003 Affidavit of Service Complaints
AFFIDAVIT OF SERVICE of summons and complaint as to James C. Allen by personal service on 1/30/03. Answer due on 2/19/03 for James C. Allen. (kw)
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Blank 11 Filed: 4/11/2003, Entered: 4/15/2003 Affidavit of Service Complaints
AFFIDAVIT OF SERVICE of summons and complaint as to David F. Myers by Lynn Myers on 1/31/03 and by mail on 2/11/03. Answer due on 2/20/03 for David F. Myers. (kw)
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Blank 10 Filed: 4/11/2003, Entered: 4/15/2003 Affidavit of Service Complaints
AFFIDAVIT OF SERVICE of summons and complaint as to Lawrence C. Tucker by mail on 1/30/03. Answer due on 2/19/03 for Lawrence C. Tucker. (kw)
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Blank 9 Filed: 4/11/2003, Entered: 4/15/2003 Affidavit of Service Complaints
AFFIDAVIT OF SERVICE of summons and complaint as to John W. Sidgmore by James K. Stewart on 1/30/03 and by mail on 2/11/03. Answer due on 2/19/03 for John W. Sidgmore. (kw)
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Blank 8 Filed: 4/11/2003, Entered: 4/15/2003 Affidavit of Service Complaints
AFFIDAVIT OF SERVICE of summons and complaint as to Stiles A. Kellett by Nelson Robaina, Jr. on 1/31/03 and by mail on 2/11/03. Answer due on 2/20/03 for Stiles A. Kellett. (kw)
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Blank 7 Filed: 4/11/2003, Entered: 4/15/2003 Marshal's Process Receipt and Return of Service Un
RETURN OF SERVICE of summons and complaint unexecuted as to John A. Porter on 2/11/03. (kw)
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Blank 7 Filed: 4/11/2003, Entered: 4/15/2003 Marshal's Process Receipt and Return of Service Un
RETURN OF SERVICE of summons and complaint unexecuted as to Bernard Ebbers on 2/11/03, 2/13/03, 2/17/03 and 2/22/03. (kw)
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Blank 7 Filed: 4/11/2003, Entered: 4/15/2003 Marshal's Process Receipt and Return of Service Un
RETURN OF SERVICE of summons and complaint unexecuted as to Carl J. Aycock on 2/11/03, 2/12/03, 2/13/03, 2/15/03, 2/17/03, 2/18/03, and 2/18/03. (kw)
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Blank 6 Filed: 4/11/2003, Entered: 4/15/2003 Affidavit of Service Complaints
AFFIDAVIT OF SERVICE of summons and complaint as to Clifford Alexander Jr. by Scottel Franklin on 1/31/03 and by mail on 2/11/03. Answer due on 2/20/03 for Clifford Alexander Jr. (kw)
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Blank 6 Filed: 4/11/2003, Entered: 4/15/2003 Affidavit of Service Complaints
AFFIDAVIT OF SERVICE of summons and complaint as to Bert C. Roberts Jr. by Greg Kantak on 1/30/03 and by mail on 2/11/03. Answer due on 2/19/03 for Bert C. Roberts Jr. (kw)
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Blank 6 Filed: 4/11/2003, Entered: 4/15/2003 Affidavit of Service Complaints
AFFIDAVIT OF SERVICE of summons and complaint as to Susan Mayer by Greg Kantak on 1/30/03 and by mail on 2/11/03. Answer due on 2/19/03 for Susan Mayer. (kw)
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Blank 6 Filed: 4/11/2003, Entered: 4/15/2003 Affidavit of Service Complaints
AFFIDAVIT OF SERVICE of summons and complaint as to Judith Areen by Alma Robinson on 2/7/03 and by mail on 2/11/03. Answer due on 2/27/03 for Judith Areen. (kw)
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Blank 6 Filed: 4/11/2003, Entered: 4/15/2003 Affidavit of Service Complaints
AFFIDAVIT OF SERVICE of summons and complaint as to Ronald R. Beaumont by Natasha Wells on 2/5/03. Answer due on 2/25/03 for Ronald R. Beaumont. (kw)
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Blank 6 Filed: 4/11/2003, Entered: 4/15/2003 Affidavit of Service Complaints
AFFIDAVIT OF SERVICE of summons and complaint as to John A. Porter by Mrs. Porter on 3/7/03. Answer due on 3/27/03 for John A. Porter. (kw)
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Blank 6 Filed: 4/11/2003, Entered: 4/15/2003 Affidavit of Service Complaints
AFFIDAVIT OF SERVICE of summons and complaint as to Scott D. Sullivan by personal service on 2/26/03. Answer due on 3/18/03 for Scott D. Sullivan. (kw)
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Blank 6 Filed: 4/11/2003, Entered: 4/15/2003 Affidavit of Service Complaints
AFFIDAVIT OF SERVICE of summons and complaint as to Max E. Bobbit by personal service on 1/31/03. Answer due on 2/20/03 for Max E. Bobbit. (kw)
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Blank 5 Filed: 3/24/2003, Entered: 3/26/2003 Stipulation and OrderCourt Filing
STIPULATION and ORDER; reset answer or service of pleadings in response to complaint due for 5/1/03 for Lawrence C. Tucker, for Scott D. Sullivan, for John W. Sidgmore, for Bert C. Roberts Jr., for John A. Porter, for David F. Myers, for Gordon S. Macklin, for Stiles A. Kellett, for Francesco Galesi, for Max E. Bobbit, for Ronald R. Beaumont, for Carl J. Aycock, for Judith Areen, for James C. Allen, for Clifford Alexander Jr., for Susan Mayer, for Bernard Ebbers . ( signed by Judge Alvin K. Hellerstein ) (djc)
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Blank 4 Filed: 3/14/2003, Entered: 3/17/2003 Stipulation and OrderCourt Filing
STIPULATION and ORDER: the time for dft Bernard Ebbers to answer or move with respect to the complaint is hereby extended to and including 3/31/03; dft Ebbers waives any defense as to the sufficiency of service of process as further set forth in said order . ( signed by Judge Alvin K. Hellerstein ) (db) Modified on 03/17/2003
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Blank 3 Filed: 2/28/2003, Entered: 3/3/2003 Stipulation and OrderCourt Filing
STIPULATION and ORDER: the time within each served dft may file and serve pleadings in response to the Complaint is extended to 3/31/03. All other procedures in reference to this extension are as further set forth in said order . ( signed by Judge Alvin K. Hellerstein ) (db)
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Blank 2 Filed: 1/28/2003, Entered: 1/29/2003 Rule 1.9 Certificate
RULE 1.9 CERTIFICATE filed by Continental, Co. . (gf)
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Blank 1 Filed: 1/28/2003, Entered: 1/29/2003 Complaint
COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). FILING FEE $ 150.00 RECEIPT # 463630. (gf)
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Blank -- Filed: 1/28/2003, Entered: 1/29/2003 Case Designation
Magistrate Judge Douglas F. Eaton is so designated. (gf)
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