Chmielewski v. Copper and Brass Sales, Inc. et al

Federal Civil Lawsuit Oregon District Court, Case No. 3:02-cv-00915-KI
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Parties
No Logo Tom Chmielewski, Plaintiff

Represented by WILLAMETTE UNIVERSITY SCHOOL OF LAW LAW CLINIC

Name Phone Fax E-Mail
Space Phylis Chadwell Myles +1 503 370 6057 +1 503 370 6824 pmyles@willamette.edu
v.
No Logo Copper And Brass Sales, Inc., Defendant

Represented by Honigman Miller Schwartz & Cohn LLP

Name Phone Fax E-Mail
Space Russell S. Linden +1 313 465 7466 rlinden@honigman.com

Represented by Littler Mendelson, PC

Name Phone Fax E-Mail
Space Amy R. Alpern +1 503 221 0309 +1 503 242 2457 aalpern@littler.com
No Logo Thyssen, Inc., Defendant

Represented by Honigman Miller Schwartz & Cohn LLP

Name Phone Fax E-Mail
Space Russell S. Linden +1 313 465 7466 rlinden@honigman.com

Represented by Littler Mendelson, PC

Name Phone Fax E-Mail
Space Amy R. Alpern +1 503 221 0309 +1 503 242 2457 aalpern@littler.com
No Logo Tmx, Inc., Defendant

Represented by Honigman Miller Schwartz & Cohn LLP

Name Phone Fax E-Mail
Space Russell S. Linden +1 313 465 7466 rlinden@honigman.com

Represented by Littler Mendelson, PC

Name Phone Fax E-Mail
Space Amy R. Alpern +1 503 221 0309 +1 503 242 2457 aalpern@littler.com
Attributes
Office Portland
Filed 7/10/2002
Jury Demand None
Demand
Nature of Suit 442 - Civil Rights: Employment
Cause Section 28 U.S.C. § 1441 Petition for Removal- Personal Injury
Jurisdiction Federal Question
Disposition Judgment - Motion Before Trial
County Multnomah
Terminated 8/25/2003
Origin 2
Reopened None
Lead Case None
Related Case
Other Court Case C020504480[Multnomah County Circuit Court]
Def Custody Status
Flags FRC, PTOWV, TERMINATED
Timeline
  Entries (61) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 60 Filed: 2/17/2004, Entered: 2/24/2004 Mandate
Mandate from US Court of Appeals, re appeal CA 03-35801: Appellant's motion for voluntary dismissal with prejudice is granted. USDC Notice of Appeal Doc. # [54]. (Related document(s)[54]) (tomg, )
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Legal Document (Payment Possibly Required) 59 Filed: 11/21/2003, Entered: 11/24/2003 TranscriptCourt Filing
Transcript of Telephone Conference Proceedings held on 08/15/03 before Judge Garr M. King. Court Reporter: Dennis R. Grube. (pvh, )
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Legal Document (Payment Possibly Required) 58 Filed: 10/22/2003, Entered: 10/22/2003 TranscriptCourt Filing
Transcript of Telephone Conference Proceedings held on 08/15/03 before Judge Garr M. King. Court Reporter: Dennis R. Grube. (pvh, )
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Legal Document (Payment Possibly Required) 57 Filed: 10/10/2003, Entered: 10/15/2003 USCA Docket Number
Docket number 03-35801 assigned, and time schedule issued, by the United States Court of Appeals. USDC Notice of Appeal Doc. # [54]. . (fh, ) Modified on 10/15/2003 (fh, ).
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Legal Document (Payment Possibly Required) 56 Filed: 9/30/2003, Entered: 10/1/2003 Certificate of Record by Clerk to USCA
Certificate of Record transmitted to USCA for USDC Notice of Appeal Doc. # [54]. . (fh, )
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Blank -- Filed: 9/29/2003, Entered: 9/29/2003, Terminated: 2/17/2004 Notification of Appeal Sent
Notification of Appeal mailed to USCA for the Ninth Circuit and to counsel along with copy of appealed document and docket sheet. (FRAP 3(d)((3)) USDC Notice of Appeal Doc. # [54]. . (fh, )
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Legal Document (Payment Possibly Required) 55 Filed: 9/24/2003, Entered: 9/29/2003 Transcript Designation and Order Form
Transcript Ordering form for Transcript(s) of Proceedings: none ordered. Filed by appellant Tom Chmielewski . (fh, )
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Legal Document (Payment Possibly Required) 54 Filed: 9/24/2003, Entered: 9/29/2003 Notice of Appeal
Notice of Appeal to USCA from order #[53] entered on 8/26/03. Representation Statement and CADS submitted. Filing fee collected. Receipt # 452983 issued.. Filed by Tom Chmielewski . (fh, )
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Legal Document (Payment Possibly Required) 53 Filed: 8/25/2003, Entered: 8/26/2003 Judgment*Court Filing
Judgment. Based on the record, it is hereby ordered and adjudged that this case is dismissed with prejudice. Signed 08/25/03 by Judge Garr M. King. (pvh, )
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Legal Document (Payment Possibly Required) 52 Filed: 8/25/2003, Entered: 8/26/2003 Order on Motion for Summary JudgmentCourt Filing
ORDER. Defendants' Motion for Summary Judgment (Doc. #25) is Granted. Plaintiff's complaint is dismissed with prejudice. IT IS SO ORDERED. Signed on 08/25/03 by Judge Garr M. King. (Related Doc #[25]) (pvh, )
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Legal Document (Payment Possibly Required) 51 Filed: 8/25/2003, Entered: 8/26/2003 OpinionCourt Filing
Opinion. Signed 08/25/03 by Judge Garr M. King. (Related document(s)[25]) (pvh, )
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Legal Document (Payment Possibly Required) 50 Filed: 8/15/2003, Entered: 8/18/2003 Trial Management OrderCourt Filing
Trial Management Order. Pretrial Conference: Monday, December 1, 2003, at 4:30 p.m. Trial date: 3-day jury trial, December 9, 2003, at 9:00 a.m. in Portland, Oregon. Signed 08/15/03 by Judge Garr M. King. (pvh, )
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Blank 49 Filed: 8/15/2003, Entered: 8/15/2003 Motion HearingCourt Filing
CIVIL MINUTES:Record of Oral Argument by Telephone before Judge Garr M King. Counsel Present for Plaintiff: Phylis C Myles. Counsel Present for Defendant: Russell S Linden. Court Reporter: Dennis Grube. Order Granting Stipulated Motion for New Trial Date: Pretrial Conference set for 12/1/2003 at 04:30PM in Portland. 3-Day Jury Trial set for 12/9/2003 at 09:00AM in Portland. Order taking Motion for Summary Judgment under advisement as of 8/15/2003. (Related documents(s) [25]) (dls, )
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Legal Document (Payment Possibly Required) 48 Filed: 8/13/2003, Entered: 8/14/2003 Affidavit
Supplemental Affidavit of Robert Franchino. Filed by all defendants. (dls, )
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Legal Document (Payment Possibly Required) 47 Filed: 8/12/2003, Entered: 8/12/2003 Concise Statement of Material Fact
Concise Statement of Material Fact Corrected Response to Entry No. 43. Filed by all defendants. (Linden, Russell)
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Legal Document (Payment Possibly Required) 46 Filed: 8/8/2003, Entered: 8/8/2003, Terminated: 8/15/2003 Motion for New Trial
Stipulated Motion for New Trial Date. Filed by Tom Chmielewski. (pvh, )
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Blank 45 Filed: 8/5/2003, Entered: 8/5/2003 SchedulingCourt Filing
CIVIL MINUTES:Record of Order - Setting a telephone conference on Defendant's Motion for Summary Judgment (#25) for 8/15/2003 at 10:30AM. The Court will initiate the call to the following parties: Phylis Myles (503) 226-3590, Amy Alpern (503) 221-0309 and Russell Linden (313) 465-7466. If parties other than those listed wish to participate, please contact Elizabeth Potter at (503) 326-8061. (Related documents(s) [25]) By Judge Garr M. King. (ecp, )
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Legal Document (Payment Possibly Required) 44 Filed: 8/4/2003, Entered: 8/5/2003 Joint ADR Report
Joint ADR Report. Parties have requested ADR may be helpful at a later date following the court's ruling on defendant's summary judgment motion. Filed by all parties. (pvh, )
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Legal Document (Payment Possibly Required) 43 Filed: 7/15/2003, Entered: 7/15/2003 Response
Response to Plaintiff's Concise Statement of Material Facts. Filed by all defendants. (Related document(s)[33]) (pvh, )
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Legal Document (Payment Possibly Required) 42 Filed: 7/15/2003, Entered: 7/15/2003 reply to motion
Reply Brief in Support of Motion for Summary Judgment. Filed by all defendants. (Related motion(s)[25]) (pvh, ) Modified on 7/15/2003 (pvh, ).
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Blank 41 Filed: 7/2/2003, Entered: 7/2/2003 SchedulingCourt Filing
CIVIL MINUTES:Record of Order - Granting Defendant's written request, dated 7/2/2003 to extend reply deadline. Reply to Defendant's Motion for Summary Judgment is due by 7/15/2003. (Related documents(s) [25]) By Judge Garr M. King. (ecp, )
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Blank 40 Filed: 7/2/2003, Entered: 7/2/2003 Order on Motion to SupplementCourt Filing
ORDER:Record of Order - Granting Plaintiff's Motion to Supplement Plaintiff's Record in Response to Defendants' Motion for Summary Judgment (Related Doc #[36]) By Judge Garr M. King. (ecp, )
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Legal Document (Payment Possibly Required) 39 Filed: 6/30/2003, Entered: 7/1/2003 Exhibits
Exhibit 12 Continued of Tom Chmielewski's Affidavit. Filed by Tom Chmielewski. (Related document(s)[34]) (pvh, )
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Legal Document (Payment Possibly Required) 38 Filed: 6/30/2003, Entered: 7/1/2003 Affidavit
Affidavit of Phylis C. Myles w/exhibits attached. Filed by Tom Chmielewski. (Related document(s)[36]) (pvh, )
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Legal Document (Payment Possibly Required) 37 Filed: 6/30/2003, Entered: 7/1/2003 Affidavit
Affidavit of Phylis C. Myles. Filed by Tom Chmielewski. (Related document(s)[36]) (pvh, )
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Legal Document (Payment Possibly Required) 36 Filed: 6/30/2003, Entered: 7/1/2003, Terminated: 7/2/2003 Motion to Supplement
Motion to Supplement Plaintiff's Record in Response to Defendants' Motion for Summary Judgment. Filed by Tom Chmielewski. (pvh, )
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Legal Document (Payment Possibly Required) 35 Filed: 6/27/2003, Entered: 7/1/2003 Exhibits
Exhibits to Plaintiff's Response to Defendants' Motion for Summary Judgment. Filed by Tom Chmielewski. (Related document(s)[31]) (pvh, )
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Legal Document (Payment Possibly Required) 34 Filed: 6/27/2003, Entered: 7/1/2003 Affidavit
Affidavit of Tom Chmielewski. Filed by Tom Chmielewski. (Related document(s)[31]) (pvh, )
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Legal Document (Payment Possibly Required) 33 Filed: 6/27/2003, Entered: 7/1/2003 Notice
Notice of Plaintiff's Concise Statement of Material Facts. Filed by Tom Chmielewski. (Related document(s)[31]) (pvh, )
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Legal Document (Payment Possibly Required) 32 Filed: 6/27/2003, Entered: 7/1/2003 Response
Response to Defendant's Concise Statement of Material Facts. Filed by Tom Chmielewski. (Related document(s)[27]) (pvh, )
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Legal Document (Payment Possibly Required) 31 Filed: 6/27/2003, Entered: 7/1/2003 Response to Motion
Response to Motion for Summary Judgment. Filed by Tom Chmielewski. (Related motion(s)[25]) (pvh, )
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Blank 30 Filed: 6/23/2003, Entered: 6/23/2003 Order on Motion for Extension of Time to File RespCourt Filing
ORDER:Record of Order - Granting Plaintiff's Unopposed Motion to Extend Response Time (#{28])up to and including 6/27/2003. By Judge Garr M. King. (Related documents(s) [25]) (ecp, )
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Legal Document (Payment Possibly Required) 29 Filed: 6/20/2003, Entered: 6/23/2003 Declaration
Declaration of Phylis C. Myles. Filed by Tom Chmielewski. (Related document(s)[28]) (pvh, )
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Legal Document (Payment Possibly Required) 28 Filed: 6/20/2003, Entered: 6/23/2003 Motion for Extension of Time to File Response/Repl
Unopposed Motion for Extension of Time to File a Response/Reply to Motion # [25].. Filed by Tom Chmielewski. (pvh, )
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Legal Document (Payment Possibly Required) 27 Filed: 6/9/2003, Entered: 6/11/2003 Concise Statement of Material Fact
Concise Statement of Material Fact. Filed by all defendants. (pvh, )
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Legal Document (Payment Possibly Required) 26 Filed: 6/9/2003, Entered: 6/11/2003 Memorandum in Support
Memorandum in Support of Motion for Summary Judgment. Filed by all defendants. (Related document(s)[25]) (pvh, )
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Legal Document (Payment Possibly Required) 25 Filed: 6/9/2003, Entered: 6/11/2003, Terminated: 6/23/2003 Motion for Summary Judgment
Motion for Summary Judgment. Filed by all defendants. (pvh, )
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Blank 24 Filed: 5/7/2003, Entered: 5/7/2003 Motion HearingCourt Filing
CIVIL MINUTES:Record of Telephone Conference before Judge Garr M. King. Counsel Present for Plaintiff: Phylis Myles. Counsel Present for Defendant: Amy Alpern and Russell Linden. Court Reporter: Dennis Grube. ORDER - Plaintiff's Motion to Compel Deposition (#16) is deemed moot. Plaintiff's Motion to Compel Answers to Interrogatories and Requests for Production (#16) is granted. Plaintiff's Motion for Sanctions and Costs (#16) is denied. Plaintiff's Motion in Limine (#16) is denied. (Related documents(s) [16]) (ecp, )
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Legal Document (Payment Possibly Required) 23 Filed: 5/2/2003, Entered: 5/5/2003 Response
Response to Plaintiff's Motion for Santions and Costs. Filed by all defendants. (Related document(s)[16]) (pvh, )
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Legal Document (Payment Possibly Required) 22 Filed: 4/28/2003, Entered: 4/28/2003 Order of DismissalCourt Filing
Stipulated Order for Partial Dismissal. The parties through their respective counsel hereby stipulate to the following: IT IS HEREBY ORDERED THAT PLAINTIFF's claim for wrongful discharge is dismissed with prejudice. Signed 04/28/03 by Judge Garr M. King. (pvh, )
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Legal Document (Payment Possibly Required) 21 Filed: 4/22/2003, Entered: 4/23/2003 Corporate Disclosure Statement
Corporate Disclosure Statement. Filed by Copper and Brass Sales, Inc.. (pvh, )
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Legal Document (Payment Possibly Required) 20 Filed: 4/22/2003, Entered: 4/23/2003 Corporate Disclosure Statement
Corporate Disclosure Statement. Filed by Thyssen, Inc.. (pvh, )
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Legal Document (Payment Possibly Required) 19 Filed: 4/22/2003, Entered: 4/23/2003 Corporate Disclosure Statement
Corporate Disclosure Statement. Filed by TKX Logistics, Inc. (aka of Thyssen, Inc., a Delaware corporation) (pvh, ) Modified on 4/23/2003 (pvh, ).
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Blank 18 Filed: 4/22/2003, Entered: 4/22/2003 SchedulingCourt Filing
CIVIL MINUTES:Record of Order - Granting Plaintiff's Motion for Extension of Time of Discovery Deadlines (#16)(titled Plaintiff's Expedited Motions for Discovery). Discovery to be completed by 6/9/2003. Dispositive Motions due by 6/9/2003. Setting Plaintiff's Motions to Compel (#16) for a telephone conference on 5/6/2003 at 10:00AM. The court will initiate the call to the following parties:Phylis Myles (503) 226-3590, Amy Alpern (503) 221-0309 and Russell Linden (313) 465-7466. If parties other than those wish to participate, please contact Elizabeth Potter at (503) 326-8061. (Related documents(s) [16]) by Judge Garr M. King. (ecp, )
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Legal Document (Payment Possibly Required) 17 Filed: 4/21/2003, Entered: 4/22/2003 Memorandum in Support
Memorandum in Support of Plaintiff's Motions for Discovery. Filed by Tom Chmielewski. (Related document(s)[16]) (pvh, )
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Legal Document (Payment Possibly Required) 16 Filed: 4/21/2003, Entered: 4/22/2003, Terminated: 4/22/2003 Motion
Expedited Motion for Discovery. Filed by Tom Chmielewski. (pvh, )
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Legal Document (Payment Possibly Required) 15 Filed: 3/18/2003, Entered: 3/18/2003 Trial Management OrderCourt Filing
Trial Management Order. Pretrial Conference: September 2, 2003, at 2:30 p.m. Trial date: 3-day jury trial, September 9, 2003, at 9:00 a.m. in Portland, Oregon. Signed 03/18/03 by Judge Garr M. King. (pvh, )
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Blank 14 Filed: 3/17/2003, Entered: 3/18/2003 Motion HearingCourt Filing
CIVIL MINUTES:Record of Telephone Conference before Judge Garr M. King. Counsel Present for Plaintiff: Phylis C. Myles. Counsel Present for Defendant: Russell Linden. Court Reporter: Nancy Walker. ORDER - Granting Defendant's Unopposed Motion for Extension of Discovery & PTO Deadlines (#12). Discovery to be completed by 4/30/2003. Dispositive Motions due by 4/30/2003. Expert disclosure deadline is 5/15/2003. Pretrial Conference reset from 4/28/2003 to 9/2/2003 at 02:30PM in Portland, in Courtroom 9A. 3-day Jury Trial reset from 5/7/2003 to 9/9/2003 at 09:00AM in Portland, in Courtroom 9A. (Related documents(s) [12]) (ecp, )
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Blank 13 Filed: 3/6/2003, Entered: 3/6/2003 SchedulingCourt Filing
CIVIL MINUTES:Record of Order - Setting Defendants' Consented To Motion to Extend Discovery and Dispositive Motion Deadline (#12) for a telephone conference on 3/17/2003 at 02:45AM. The court will initiate the call to the following parties: Phylis Myers (503) 226-3590, Amy Alpern (503) 221-0309 and Russell Linden (313) 465-7466. If parties other than those listed wish to participate, please contact Elizabeth Potter at (503) 326-8061. By Judge Garr M. King. (Related documents(s) [12]) (ecp, )
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Legal Document (Payment Possibly Required) 12 Filed: 2/28/2003, Entered: 3/3/2003, Terminated: 3/17/2003 Motion for Extension of Discovery & PTO Deadlines
Unopposed Motion for Extension of Discovery & PTO Deadlines. Filed by all defendants. (pvh, )
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Blank 11 Filed: 12/16/2002, Entered: 12/16/2002 Order on motion for extension of discovery & PTO dCourt Filing
ORDER:Record of Order - Granting Plaintiff's Unopposed Motion to Extend Discovery (Related Doc #[10]). Discovery to be completed by 3/28/2003. Dispositive Motions due by 3/28/2003. By Judge Garr M. King. (ecp, )
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Legal Document (Payment Possibly Required) 10 Filed: 12/11/2002, Entered: 12/12/2002, Terminated: 12/16/2002 Motion for Extension of Discovery & PTO Deadlines
Unopposed Motion for Extension of Discovery & PTO Deadlines. Filed by Tom Chmielewski. (pvh, )
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Legal Document (Payment Possibly Required) 9 Filed: 9/5/2002, Entered: 9/9/2002 Trial Management OrderCourt Filing
Trial Management Order. Pretrial Conference: Monday, April 28, 2003, at 1:30 p.m. Trial date: 3-day jury trial, May 6, 2003, at 9:00 a.m. in Portland, Oregon. Signed 09/05/02 by Judge Garr M. King. (pvh, )
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Blank 7 Filed: 9/5/2002, Entered: 9/5/2002 Rule 16 ConferenceCourt Filing
CIVIL MINUTES:Record of Rule 16 Conference -- Discovery to be completed by 12/31/2002. Dispositive Motions due by 1/21/2003. Expert Disclosure due 1/31/03. Expert Reports due 1/31/03. Pretrial Order is waived. Pretrial Conference set for 4/28/2003 at 01:30PM in Portland. 3-day Jury Trial set for 5/6/2003 at 09:00AM in Portland. Ordered by Judge Garr M. King. Counsel Present for Plaintiff: Phylis C. Myles. Counsel Present for Defendant: Amy Rebecca Alpern and Russell S. Linden. Court Reporter: Cheryl Guthrie. (dls, )
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Blank 6 Filed: 8/28/2002, Entered: 8/28/2002 SchedulingCourt Filing
CIVIL MINUTES:Record of Order -- Resetting the Rule 16 Conference from 8/29/2002 at 09:30AM to 9/5/2002 at 10:00AM in /by Telephone. in /by Telephone. The court will initiate the call to the following parties: Phylis C. Myles (503)226-3590, Amy Rebecca Alpern (503) 221-0309, Russell S. Linden (313)465-7466. Ordered by Judge Garr M. King. (dls, ) Modified on 9/4/2002 (dls, ).
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Legal Document (Payment Possibly Required) 8 Filed: 8/19/2002, Entered: 9/6/2002 Certificate Of Service.
Certificate of Service (Styled as Proof of Service). Filed by all defendants. (pvh, )
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Blank 5 Filed: 8/2/2002, Entered: 8/2/2002 SchedulingCourt Filing
CIVIL MINUTES:Record of Order -- Rule 16 Conference set for 8/29/2002 at 09:30AM in /by Telephone. The court will initiate the call to the following parties: Phylis C. Myles (503)226-3590, Amy Rebecca Alpern (503) 221-0309, Russell S. Linden will contact the Court with a telephone number, where he can be reached. Ordered by Judge Garr M. King. (dls, )
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Legal Document (Payment Possibly Required) 4 Filed: 7/31/2002, Entered: 8/1/2002 Order on Application for special admission pro hacCourt Filing
Order Granting Application for Special Admission Pro Hac Vice of Russell S. Linden for TMX, Inc.; Copper and Brass Sales, Inc. and THYSSEN, Inc.. Receipt number 445328. Signed 07/30/02 by Judge Garr M. King. (pvh, )
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Legal Document (Payment Possibly Required) 3 Filed: 7/17/2002, Entered: 7/18/2002 Answer
Answer with Affirmative Defenses (Related Doc # [1]). Filed by Copper and Brass Sales, Inc., THYSSEN, Inc., TMX, Inc.. (rtrb, )
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Legal Document (Payment Possibly Required) 2 Filed: 7/10/2002, Entered: 7/12/2002 Discovery Order
Discovery and Pretrial Scheduling Order and Notice of Case Assignment: Case assigned to the Honorable Garr M. King. Discovery to be completed by 11/7/2002. Joint Alternate Dispute Resolution Report due by 12/9/2002. Pretrial Order due by 12/9/2002. (pvh, )
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Legal Document (Payment Possibly Required) 1 Filed: 7/10/2002, Entered: 7/12/2002 Notice of Removal
Notice of Removal. Filing Fee collected. Receipt #: 445043 issued. Filed by Copper and Brass Sales, Inc., THYSSEN, Inc., TMX, Inc. against Copper and Brass Sales, Inc., THYSSEN, Inc., TMX, Inc.. (pvh, )
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