POST, et al v. INGERSOLL-RAND COMP, et al

Federal Civil Lawsuit Pennsylvania Western District Court, Case No. 2:00-cv-00440-DJL
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Summary

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Parties
No Logo DALE POST, Plaintiff

Represented by Gilardi, Cooper & Lomupo

Name Phone Fax E-Mail
Space Richard P. Gilardi +1 412 391 9770
No Logo MICHAEL G. POST, Plaintiff

Represented by Gilardi, Cooper & Lomupo

Name Phone Fax E-Mail
Space Richard P. Gilardi +1 412 391 9770
v.
Ingersoll-Rand Company Ingersoll-Rand Company, Defendant
Officially listed as "INGERSOLL-RAND COMPANY, INC."

Represented by Wayman, Irvin & McAuley

Name Phone Fax E-Mail
Space Susan K. Dirks +1 412 566 2970
Space Mark J. Gesk +1 412 566 2970 mgesk@waymanlaw.com
Attributes
Office Pittsburgh
Filed 3/3/2000
Jury Demand Both
Demand $75000
Nature of Suit 365 - Personal Injury: Product Liability
Cause Section 28 U.S.C. § 1332 Diversity-Product Liability
Jurisdiction Diversity
Disposition Judgment - Jury Verdict
County XX US, Outside State
Terminated 7/19/2002
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case 02-3254[]
Def Custody Status
Flag CLOSED
Timeline
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Blank 102 Filed: 2/18/2003, Entered: 2/18/2003 Transcript
TRANSCRIPT of Testimony of David Bissak for date of July 17, 2002. Court Reporter: Patricia Sherman. (tt)
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Blank 101 Filed: 1/13/2003, Entered: 1/13/2003 USCA Judgment
Certified copy of ORDER dated 1/7/03 received from USCA re: [95-1] appeal by DALE POST, MICHAEL G. POST. In accordance with the agreement of the parties, the appeal is entered dismissed by the Clerk without cost to either party. (Receipt mailed) (tt)
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Blank -- Filed: 10/4/2002, Entered: 10/4/2002, Terminated: 1/13/2003 Receipt from USCA
RECEIPT for Certified List received from USCA. (tt)
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Blank 100 Filed: 9/26/2002, Entered: 9/26/2002 Transcript
TRANSCRIPT of Closing, Charge and Verdict for date of July 18, 2002. Court Reporter: Patricia Sherman. (tt)
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Blank 99 Filed: 9/26/2002, Entered: 9/26/2002 Transcript
TRANSCRIPT of Trial for date of July 17, 2002. Court Reporter: Patricia Sherman. (tt)
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Blank 98 Filed: 9/26/2002, Entered: 9/26/2002 Transcript
TRANSCRIPT of trial for date of July 16, 2002. Court Reporter: Patricia Sherman. (tt)
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Blank 97 Filed: 9/26/2002, Entered: 9/26/2002 Transcript
TRANSCRIPT of Trial Testimony for date of July 15, 2002. Court Reporter: Patricia Sherman. (tt)
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Blank -- Filed: 9/26/2002, Entered: 9/26/2002, Terminated: 1/13/2003 Appeal Record Complete
Record complete for Appeal purposes, certified copy of docket entries forwarded to USCA. (tt)
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Blank -- Filed: 8/26/2002, Entered: 8/26/2002, Terminated: 1/13/2003 USCA Notice of Docketing ROA
NOTICE of Docketing ROA from USCA Re: [95-1] appeal by DALE POST, MICHAEL G. POST USCA Number: 02-3254 (tt)
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Blank 96 Filed: 8/21/2002, Entered: 8/21/2002 TPO (Transcript Purchase Order Request)
Transcript Purchase order re: [95-1] appeal by DALE POST, MICHAEL G. POST by MICHAEL G. POST, DALE POST directed to pltf ordering transcript with exception of pltf Michael Post's damage testimony and the testimony of Dr. Harvey Slater (ces)
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Blank -- Filed: 8/16/2002, Entered: 8/16/2002, Terminated: 1/13/2003 Transmission of Notice of Appeal and Docket Sheet
Certified copy of Notice of Appeal [95-1] appeal by DALE POST, MICHAEL G. POST , certified copy of docket, certified copy of order dated 7/18/02 mailed to USCA; copy of Notice of Appeal and information sheet to counsel of record, court reporter Sherman and Judge Lee. Copy of information sheet to appellant. (femp)
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Blank 95 Filed: 8/15/2002, Entered: 8/16/2002 Notice of Appeal
NOTICE OF APPEAL by MICHAEL G. POST, DALE POST from [94-1] judgment order dated 7/18/02 FILING FEE $ 105. RECEIPT # 5335 TPO issued. (femp)
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Blank -- Filed: 7/19/2002, Entered: 7/19/2002 Terminated Case
Case closed. Notices mailed. (tt)
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Blank 94 Filed: 7/18/2002, Entered: 7/19/2002 Order on Motion for JudgmentCourt Filing
JUDGMENT by Jury Verdict upon special interrogatories entered in favor of the defts, INGERSOLL-RAND COMPANY, INC. and INGERSOLL-RAND COMPANY and against pltfs, MICHAEL G. POST and DALE POST, his wife, together with costs. ( signed by Judge Donald J. Lee on 7/18/02 ) CM all parties of record. (tt)
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Blank 93 Filed: 7/18/2002, Entered: 7/19/2002 Jury Verdict
JURY VERDICT for INGERSOLL-RAND COMP, INGERSOLL-RAND CO. (tt)
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Blank 92 Filed: 7/18/2002, Entered: 7/19/2002 Jury Trial Completed
Jury Trial continued and concluded 7/18/02. Court Reporter: Patricia Sherman. Jury Finds for the deft. Exhibit and Witness Lists attached. (tt)
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Blank 91 Filed: 7/17/2002, Entered: 7/17/2002 Proposed Jury Instructions
SECOND SUPPLEMENTAL Proposed Jury instructions by MICHAEL G. POST, DALE POST (tt)
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Blank -- Filed: 7/17/2002, Entered: 7/17/2002 Jury Trial Begun
Jury Trial continued 7/17/02 before Judge Donald J. Lee (tt)
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Blank -- Filed: 7/16/2002, Entered: 7/16/2002 Jury Trial Begun
Jury Trial continued 7/16/02 before Judge Donald J. Lee (tt)
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Blank 90 Filed: 7/15/2002, Entered: 7/15/2002 Supplement
SUPPLEMENT by INGERSOLL-RAND COMP, INGERSOLL-RAND CO. to defts' [78-1] motion in Limine (tt)
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Blank -- Filed: 7/15/2002, Entered: 7/16/2002 Jury Trial Begun
Jury Trial begins 7/15/02 before Judge Donald J. Lee (tt)
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Blank 89 Filed: 7/12/2002, Entered: 7/12/2002 Objections
OBJECTIONS to defts' [87-1] proposed jury instructions by MICHAEL G. POST, DALE POST (tt)
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Blank 88 Filed: 7/12/2002, Entered: 7/12/2002 Objections
OBJECTIONS and Recommendations to pltfs' [84-1] supplemental proposed jury instructions by INGERSOLL-RAND COMP, INGERSOLL-RAND CO. (tt)
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Blank 87 Filed: 7/10/2002, Entered: 7/10/2002 Proposed Jury Instructions
Proposed Jury instructions not agreed to by pltfs by INGERSOLL-RAND COMP, INGERSOLL-RAND CO. (tt)
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Blank 86 Filed: 7/10/2002, Entered: 7/10/2002 Proposed Jury Instructions
JOINT Proposed Jury instructions (Second Copy) by MICHAEL G. POST, DALE POST, INGERSOLL-RAND COMP, INGERSOLL-RAND CO. (tt)
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Blank 85 Filed: 7/10/2002, Entered: 7/10/2002 Proposed Jury Instructions
JOINT Proposed Jury instructions by MICHAEL G. POST, DALE POST, INGERSOLL-RAND COMP, INGERSOLL-RAND CO. (tt)
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Blank 84 Filed: 7/8/2002, Entered: 7/8/2002 Proposed Jury Instructions
SUPPLEMENTAL Proposed Jury instructions by MICHAEL G. POST, DALE POST (tt)
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Blank 83 Filed: 5/24/2002, Entered: 5/24/2002 OrderCourt Filing
ORDER that the claims of pltf Greg McDevitt are hereby dismissed without prejudice for lack of subject matter jurisdiction. ( signed by Judge Donald J. Lee on 5/24/02 ) CM all parties of record. (tt)
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Blank 82 Filed: 5/10/2002, Entered: 5/10/2002, Terminated: 7/19/2002 Response to Motion
RESPONSE by INGERSOLL-RAND COMP, INGERSOLL-RAND CO. to pltfs' [73-1] motion in Limine (tt)
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Blank 81 Filed: 5/10/2002, Entered: 5/10/2002 Brief in Opposition to Motion
BRIEF by MICHAEL G. POST, DALE POST, GREG MCDEVITT in opposition to [78-1] motion in Limine by INGERSOLL-RAND CO., INGERSOLL-RAND COMP (tt)
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Blank 80 Filed: 5/8/2002, Entered: 5/8/2002 Notice of Hearing.
Firm Jury Trial dated set for 9:00 7/15/02. Back-Up date 5/20/02 9:00 (tt)
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Blank 79 Filed: 5/3/2002, Entered: 5/3/2002 Brief in Support of Motion
BRIEF by INGERSOLL-RAND COMP, INGERSOLL-RAND CO. in support of [78-1] motion in Limine (tt)
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Blank 78 Filed: 5/3/2002, Entered: 5/3/2002, Terminated: 7/19/2002 Motion in Limine
MOTION by INGERSOLL-RAND COMP, INGERSOLL-RAND CO. in Limine . (tt)
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Blank 77 Filed: 5/3/2002, Entered: 5/3/2002 Stipulation
Stipulation by MICHAEL G. POST, DALE POST, INGERSOLL-RAND COMP, INGERSOLL-RAND CO. re: Curricula Vitae of Experts or Expert Witnesses and the Authenticity and Admissibility of Exhibits (tt) Modified on 05/03/2002
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Blank 76 Filed: 5/3/2002, Entered: 5/3/2002 Exhibit
Exhibit list by MICHAEL G. POST, DALE POST (tt)
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Blank 75 Filed: 5/3/2002, Entered: 5/3/2002 Proposed Voir Dire
PROPOSED ADDITIONAL Voir Dire by MICHAEL G. POST, DALE POST (tt)
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Blank 74 Filed: 5/3/2002, Entered: 5/3/2002 Brief in Support of Motion
BRIEF by MICHAEL G. POST, DALE POST in support of pltfs' [73-1] motion in Limine (tt)
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Blank 73 Filed: 5/3/2002, Entered: 5/3/2002, Terminated: 7/19/2002 Motion in Limine
MOTION by MICHAEL G. POST, DALE POST in Limine , with Proposed Order. (tt)
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Blank 72 Filed: 5/3/2002, Entered: 5/3/2002 Trial Brief
TRIAL BRIEF by MICHAEL G. POST, DALE POST (tt)
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Blank 71 Filed: 5/3/2002, Entered: 5/3/2002 Order to Show Cause Court Filing
ORDER TO SHOW CAUSE: On or before 5/13/02, the parties shall show cause why McDevitt's claims should not be dismissed for lack of jurisdiction pursuant to 28 U.S.C. Section 1332, in that the amount in controversy does not appear to exceed $75,000. ( signed by Judge Donald J. Lee on 5/1/02 ) CM all parties of record. (tt)
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Blank 70 Filed: 5/2/2002, Entered: 5/2/2002 Exhibit
Exhibit list by INGERSOLL-RAND COMP, INGERSOLL-RAND CO. (tt)
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Blank 69 Filed: 5/2/2002, Entered: 5/2/2002 Proposed Voir Dire
PROPOSED SUPPLEMENTAL Voir Dire Questions by INGERSOLL-RAND COMP, INGERSOLL-RAND CO. (tt)
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Blank 68 Filed: 5/1/2002, Entered: 5/1/2002 Supplement
SECOND SUPPLEMENT by INGERSOLL-RAND COMP, INGERSOLL-RAND CO. to [53-1] pre-trial statement (tt)
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Blank -- Filed: 4/25/2002, Entered: 4/25/2002 Order
ORDER upon motion granting defts' [66-1] motion to Compel Discovery. Pltfs, Michael G. Post, Dale Post and Greg McDevitt shall provide answers and responses to Ingersoll's Second Set of Interrogatories (Expert) as well as a Second Request for Production of Documents in Conjunction with Expert Interrogatories w/in 20 days of suffer appropriate sanctions to be imposed by this Court. The Court notes that pltf did not respond to said motion. ( signed by Judge Donald J. Lee on 4/24/02 ) CM all parties of record. (tt)
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Blank 67 Filed: 4/11/2002, Entered: 4/11/2002 Status ConferenceCourt Filing
Status/Settlement Conference held 4/11/02 before Judge Donald J. Lee [ Reporter: none ] ; No Settlement (tt)
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Blank 66 Filed: 4/10/2002, Entered: 4/10/2002, Terminated: 4/25/2002 Motion to Compel
MOTION by INGERSOLL-RAND COMP, INGERSOLL-RAND CO. to Compel Discovery , with Proposed Order. (tt)
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Blank 65 Filed: 3/18/2002, Entered: 3/18/2002 Status Conference
Status/Settlement Conference reset for 10:00 4/11/02 (tt)
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Blank 64 Filed: 2/20/2002, Entered: 2/20/2002 Memorandum and OpinionCourt Filing
MEMORANDUM OPINION & ORDER denying defts' [50-1] motion for Summary Judgment. Pltfs' claims based upon breach of expressed and implied warranties of quality and fitness for purpose are withdrawn. Pltfs' claims based upon misrepresentation as set forth in Section 402B of the Restatement (Second) of Torts are withdrawn; and Defts Ingersoll-Dresser Pump Company, Halliburton Company and Halliburton Energy Services, Inc. are hereby dismissed with prejudice. ( signed by Judge Donald J. Lee on 2/20/02 ) CM all parties of record. (tt)
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Blank 63 Filed: 1/31/2002, Entered: 1/31/2002 OrderCourt Filing
ORDER that defts Townsend and Bottum, Inc., Townsend and Bottum Services Group, Inc., Nuclear Startup Services, Inc. and Utility Operations Services, Inc. are hereby dismissed for lack of prosecution. ( signed by Judge Donald J. Lee on 1/31/02 ) CM all parties of record. (tt)
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Blank 62 Filed: 1/29/2002, Entered: 1/30/2002 Supplement
SUPPLEMENT by INGERSOLL-RAND COMP, INGERSOLL-RAND CO., INGERSOLL-DRESSER, HALLIBURTON COMPANY, HALLIBURTON ENERGY to their [53-1] pre-trial statement (tt)
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Blank 61 Filed: 1/8/2002, Entered: 1/9/2002 Case Management OrderCourt Filing
ORDER setting Settlement/ Status Conference set for 10:00 4/25/02 ; Motion in Limine due 5/3/02 Response to Motion in Limine due 5/10/02 Jury Trial set for 9:00 7/15/02 ;Back-up Jury Trial 5/20/02 @ 9:00 ( signed by Judge Donald J. Lee on 1/9/02 ) CM all parties of record. (lck)
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Blank 60 Filed: 12/20/2001, Entered: 12/21/2001 Motion for Default Judgment
MOTION by MICHAEL G. POST, DALE POST, GREG MCDEVITT for Default Judgment against TOWNSEND AND BOTTUM, TOWNSEND AND BOTTUM, NUCLEAR STARTUP, UTILITY OPERATIONS , with Proposed Order. (tt)
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Blank 59 Filed: 12/20/2001, Entered: 12/20/2001 Pretrial Conference - InterimCourt Filing
Pre-Trial Conference held 12/20/01 before Judge Donald J. Lee [ Reporter: Patricia Sherman ] ; 5 day trial ; 8 jurors. Parties to provide exhibit books. (tt)
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Blank -- Filed: 12/20/2001, Entered: 12/20/2001 Set Hearings
Deadline updated; set Status / Settlement Conference for 10:00 4/25/02 ; Back-up jury trial set for 9:00 5/20/02 ; set Firm Jury Trial date for 9:00 7/15/02 (tt)
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Blank 58 Filed: 12/18/2001, Entered: 12/18/2001, Terminated: 12/18/2001 Stipulation of Dismissal
Voluntary Stipulation by MICHAEL G. POST, DALE POST, GREG MCDEVITT, INGERSOLL-RAND COMP, INGERSOLL-RAND CO., INGERSOLL-DRESSER, HALLIBURTON COMPANY, HALLIBURTON ENERGY, FOSTER WHEELER ENERG, FOSTER WHEELER ENVIR, FOSTER WHEELER CONST, FOSTER WHEELER EII, FOSTER WHEELER POWER for dismissal of Foster Wheeler Energy Services, Foster Wheeler Enviresponse, Inc., improperly identified as Foster Wheeler Enviroresponse, Inc., Foster Wheeler Constructors, Inc., Foster Wheeler Energy International, Inc. and Foster Wheeler Power Systems, Inc. , with proposed order. (tt) Modified on 09/26/2002
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Blank -- Filed: 12/18/2001, Entered: 12/18/2001 Order
ORDER upon stipulation granting [58-1] stipulation for dismissal with prejudice of defts Foster Wheeler Energy Services, Foster Wheeler Enviresponse, Inc., improperly identified as Foster Wheeler Enviroresponse, Inc., Foster Wheeler Constructors, Inc., Foster Wheeler Energy International, Inc. and Foster Power Systems, Inc. ( signed by Judge Donald J. Lee on 12/18/01 ) CM all parties of record. (tt) Modified on 09/26/2002
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Blank 57 Filed: 12/14/2001, Entered: 12/17/2001 Brief in Opposition to Motion
BRIEF by MICHAEL G. POST, DALE POST, GREG MCDEVITT in opposition to [50-1] motion for Summary Judgment by HALLIBURTON ENERGY, HALLIBURTON COMPANY, INGERSOLL-DRESSER, INGERSOLL-RAND CO., INGERSOLL-RAND COMP (tt)
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Blank 56 Filed: 12/14/2001, Entered: 12/17/2001 Pretrial Statement
PRETRIAL STATEMENT by MICHAEL G. POST, DALE POST, GREG MCDEVITT (tt)
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Blank 55 Filed: 12/14/2001, Entered: 12/14/2001 OrderCourt Filing
ORDER, set default/default judgment deadline for 12/26/01 as against defts Townsend and Bottum, Inc., Townsend and Bottum Services Group, Inc., Nuclear Startup Services, Inc. and Utility Operations Services, Inc. ( signed by Judge Donald J. Lee on 12/13/01 ) CM all parties of record. (tt)
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Blank 54 Filed: 12/13/2001, Entered: 12/13/2001 Notice of Hearing.
Mediation/Neutral Evaluation Conference held 12/11/01. Settlement has not been reached. (tt)
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Blank 53 Filed: 11/29/2001, Entered: 11/30/2001 Pretrial Statement
PRETRIAL STATEMENT by INGERSOLL-RAND COMP, INGERSOLL-RAND CO., INGERSOLL-DRESSER, HALLIBURTON COMPANY, HALLIBURTON ENERGY (tt)
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Blank 52 Filed: 11/14/2001, Entered: 11/14/2001 Concise Statement of Material Facts
STATEMENT OF MATERIAL FACTS by INGERSOLL-RAND COMP, INGERSOLL-RAND CO., INGERSOLL-DRESSER, HALLIBURTON COMPANY, HALLIBURTON ENERGY (tt)
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Blank 51 Filed: 11/14/2001, Entered: 11/14/2001 Brief in Support of Motion
BRIEF by INGERSOLL-RAND COMP, INGERSOLL-RAND CO., INGERSOLL-DRESSER, HALLIBURTON COMPANY, HALLIBURTON ENERGY in support of their [50-1] motion for Summary Judgment (tt)
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Blank 50 Filed: 11/14/2001, Entered: 11/14/2001, Terminated: 2/20/2002 Motion for Summary Judgment
MOTION by INGERSOLL-RAND COMP, INGERSOLL-RAND CO., INGERSOLL-DRESSER, HALLIBURTON COMPANY, HALLIBURTON ENERGY for Summary Judgment , with Proposed Order. (tt)
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Blank 49 Filed: 11/8/2001, Entered: 11/8/2001 Pretrial Conference - Interim
Pre-Trial Conference reset for 9:15 12/20/01 (tt)
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Blank -- Filed: 11/5/2001, Entered: 11/5/2001 Order
ORDER upon motion granting Foster Wheeler defts' [48-1] motion to Extend Time to file motion for summary judgment; Defts' Summary Judgment Motion Filing deadline reset to 11/16/01 . ( signed by Judge Donald J. Lee on 11/5/01 ) CM all parties of record. (tt)
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Blank 48 Filed: 11/2/2001, Entered: 11/2/2001, Terminated: 11/5/2001 Motion to Extend Time
MOTION by FOSTER WHEELER ENERG, FOSTER WHEELER ENVIR, FOSTER WHEELER CONST, FOSTER WHEELER EII, FOSTER WHEELER POWER to Extend Time to file motion for summary judgment , with Proposed Order. (tt)
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Blank -- Filed: 10/31/2001, Entered: 10/31/2001 Order
ORDER upon motion granting defts' [46-1] motion to Compel pltfs' answers to interrogatories and response to request for production of documents. Pltfs, Michael Post and Gregory McDevitt, shall fully answer the Foster Wheeler Defts' Interrogatories and Request for Production of Documents w/in 10 days of the date of this Order. The Court notes that pltfs did not respond in opposition. ( signed by Judge Donald J. Lee 10/30/01 ) CM all parties of record. (tt)
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Blank 47 Filed: 10/19/2001, Entered: 10/19/2001 Answer to Crossclaim
REPLY by FOSTER WHEELER ENERG, FOSTER WHEELER ENVIR, FOSTER WHEELER CONST, FOSTER WHEELER EII, FOSTER WHEELER POWER to cross-claims by HALLIBURTON ENERGY, HALLIBURTON COMPANY, INGERSOLL-DRESSER, INGERSOLL-RAND CO., INGERSOLL-RAND COMP (tt)
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Blank 46 Filed: 10/17/2001, Entered: 10/26/2001 Motion to Compel
MOTION by FOSTER WHEELER ENERG, FOSTER WHEELER ENVIR, FOSTER WHEELER CONST, FOSTER WHEELER EII, FOSTER WHEELER POWER to Compel pltfs' answers to interrogatories and response to request for production of documents , with Proposed Order. (tt)
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Blank -- Filed: 9/18/2001, Entered: 9/18/2001 Order
ORDER upon motion granting [45-1] motion for Continuance of Discovery and Time for Filing Dispositive Motions; reset Case Management Order Deadlines: Discovery cutoff to 10/17/01 ; Dispositive Motion filing Deadline due 11/6/01 ; Pretrial Statements for Plaintiffs due 11/8/01 ; Pretrial Statements for Defendants due 11/29/01 ; Pretrial Conference remains set for 9:15 12/21/01 . ( signed by Judge Donald J. Lee on 9/18/01 ) CM all parties of record. (tt)
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Blank 45 Filed: 9/13/2001, Entered: 9/13/2001, Terminated: 9/18/2001 Motion to Continue
MOTION by INGERSOLL-RAND COMP, INGERSOLL-RAND CO., INGERSOLL-DRESSER, HALLIBURTON COMPANY, HALLIBURTON ENERGY for Continuance of Discovery and Time for Filing Dispositive Motions , with Proposed Order. (tt)
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Blank 44 Filed: 5/3/2001, Entered: 5/3/2001 Case Referred to MediationCourt Filing
ORDER referring case to Mediation/Neutral Evaluation Program and John A. Caputo is appointed Adjunct Settlement Judge. An objection was filed to the continued participation of David J. Hickton as adjunct settlement judge. (signed by Judge Donald J. Lee on 5/1/01) CM all parties of record. (tt)
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Blank 43 Filed: 5/2/2001, Entered: 5/2/2001 OrderCourt Filing
ORDER granting in part, denying in part [38-1] motion for Reconsideration of Order of 3/28/01. The [35-1] Order of 3/28/01 is Vacated and the Complaint is dismissed without prejudice as to the defts, Foster Wheeler Corporation, Foster Wheeler Energy Corporation and Foster Wheeler Boiler Corporation due to pltfs' failure to properly serve the defts as required by the F.R.Civ.P. ( signed by Judge Donald J. Lee on 5/2/01 ) CM all parties of record. (tt)
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Blank 42 Filed: 4/30/2001, Entered: 4/30/2001 ObjectionsCourt Filing
NOTICE OF OBJECTION to Appointment of Adjunct Settlement Judge by MICHAEL G. POST, DALE POST, GREG MCDEVITT (tt)
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Blank 41 Filed: 4/24/2001, Entered: 4/25/2001 OrderCourt Filing
ORDER that the Clerk of Court shall forward a copy of the [40-1] letter to counsel for the parties. On or before 5/8/01, counsel for the parties may object to the continuance of David J. Hickton, Esq., as Adjunct Settlement Judge. ( signed by Judge Donald E. Ziegler on 4/24/01 ) CM all parties of record. (tt)
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Blank 40 Filed: 4/9/2001, Entered: 4/9/2001 SupplementCourt Filing
SUPPLEMENT by David J. Hickton to [34-1] Notice regarding appointment as Adjunct Settlement Judge (tt)
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Blank 39 Filed: 4/4/2001, Entered: 4/4/2001 OrderCourt Filing
ORDER, Response to Motion set to 4/13/01 for [38-1] motion for Reconsideration of [0-0] order ( signed by Judge Donald J. Lee on 4/4/01 ) CM all parties of record. (ces)
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Blank 38 Filed: 3/30/2001, Entered: 4/2/2001, Terminated: 5/2/2001 Motion for Reconsideration
MOTION by FOSTER WHEELER CORP, FOSTER WHEELER ENERG, FOSTER WHEELER BOIL for Reconsideration of [0-0] order with Proposed Order. (aen)
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Blank -- Filed: 3/30/2001, Entered: 4/2/2001 Response to Motion
RESPONSE by FOSTER WHEELER CORP, FOSTER WHEELER ENERG, FOSTER WHEELER BOIL in opposition to [35-1] motion to Vacate [30-1] order of 3/5/01 by GREG MCDEVITT, DALE POST, MICHAEL G. POST ( with Doc # 38 ) (aen)
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Blank 37 Filed: 3/29/2001, Entered: 3/29/2001 Case Management OrderCourt Filing
CASE MANAGEMENT ORDER setting Discovery cutoff on 9/17/01 ; Pretrial Statements for Plaintiffs due 10/8/01 ; Pretrial Statements for Defendants due 10/29/01 ; Pretrial Conference set for 9:15 12/21/01 ; Joining of parties amending of pleadings by 10/8/01 ; Motion Filing deadline due 10/17/01 ; ( signed by Judge Donald J. Lee on 3/28/01 ) CM all parties of record. (aen)
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Blank 36 Filed: 3/28/2001, Entered: 3/28/2001 OrderCourt Filing
ORDER, that the Clerk shall forward a copy of the letter which has been docketed as Doc. No. 34 to counsel for the parties; On or before 4/11/01, counsel for the parties may Object to the continuance of David J. Hickton, Esq. as Adjunct Settlement Judge . ( signed by Judge Donald J. Lee on 3/28/01 ) CM all parties of record. (tt) Modified on 03/28/2001
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Blank 35 Filed: 3/28/2001, Entered: 3/28/2001, Terminated: 3/28/2001 Motion to Vacate
MOTION by MICHAEL G. POST, DALE POST, GREG MCDEVITT to Vacate [30-1] order of 3/5/01 , with Proposed Order. (tt)
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Blank -- Filed: 3/28/2001, Entered: 3/28/2001 Order
ORDER upon motion granting pltfs' [35-1] motion to Vacate [30-1] order of 3/5/01. The following defts, Foster Wheeler Corp., Foster Wheeler Energy Corp., Foster Wheeler Boiler Corp., Townsend and Bottum, Inc., Townsend and Bottum Services Group, Inc., Nuclear Startup Services, Inc., and Utility Operations Services, Inc. have been properly served pursuant to F.R.C.P. 4(h) based on the representation of pltfs' counsel. ( signed by Judge Donald J. Lee on 3/28/01 ) CM all parties of record. (tt)
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Blank 34 Filed: 3/27/2001, Entered: 3/28/2001 ~Notice (other)Court Filing
NOTICE by David J. Hickton, appointed Adjunct Settlement Judge of his former association with certain counsel in this case. (tt)
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Blank 33 Filed: 3/21/2001, Entered: 3/21/2001 Case Referred to MediationCourt Filing
ORDER referring case to Mediation/Neutral Evaluation Program and David J. Hickton is appointed Adjunct Settlement Judge. (signed by Judge Donald J. Lee on 3/21/01) CM all parties of record. (tt)
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Blank 32 Filed: 3/21/2001, Entered: 3/21/2001 Status ConferenceCourt Filing
Initial Status Conference held 3/21/01 before Judge Donald J. Lee [ Reporter: none ] (tt)
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Blank -- Filed: 3/21/2001, Entered: 3/21/2001 Track Designation
CASE DESIGNATED to Track 1. (tt)
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Blank 31 Filed: 3/6/2001, Entered: 3/6/2001 OrderCourt Filing
ORDER, set Initial Case Management Conference for 9:30 3/21/01 . ( signed by Judge Donald J. Lee on 3/6/01 ) CM all parties of record. (tt)
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Blank 30 Filed: 3/6/2001, Entered: 3/6/2001 OrderCourt Filing
ORDER that pltfs' complaint as to Foster Wheeler Corporation, Foster Wheeler Energy Corporation, Foster Wheeler Boiler Corporation, Townsend and Bottum, Inc., Townsend and Bottum Services Group, Inc., Nuclear Startup Services, Inc. and Utility Operations Services, Inc., is Dismissed without prejudice. ( signed by Judge Donald J. Lee on 3/5/01 ) CM all parties of record. (tt)
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Blank 29 Filed: 1/26/2001, Entered: 1/29/2001 OrderCourt Filing
ORDER that on or before 2/15/01, pltfs shall effect service on the following defts who have not been served: Foster Wheeler Corp., Foster Wheeler Energy Corp., Foster Wheeler Boiler Corp., Townsend and Bottum, Inc., Townsend and Bottum Services Group, Inc., Nuclear Startup Services, Inc., and Utility Operations Services, Inc. ( signed by Judge Donald J. Lee on 1/26/01 ) CM all parties of record. (tt)
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Blank 28 Filed: 1/25/2001, Entered: 1/25/2001 Status ConferenceCourt Filing
Status Conference held 1/25/01 before Judge Donald J. Lee [ Reporter: none ] (tt)
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Blank -- Filed: 1/25/2001, Entered: 1/25/2001 Order
ORDER upon motion that defts' [26-1] motion to Compel Discovery is dismissed as moot. ( signed by Judge Donald J. Lee on 1/25/01 ) CM all parties of record. (tt)
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Blank 27 Filed: 1/11/2001, Entered: 1/11/2001 OrderCourt Filing
ORDER, set Status Conference for 10:00 1/25/01 , and pltfs' Response to Motion set to 1/23/01 for [26-1] motion to Compel Discovery . ( signed by Judge Donald J. Lee on 1/11/01 ) CM all parties of record. (tt)
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Blank 26 Filed: 1/9/2001, Entered: 1/10/2001 Motion to Compel
MOTION by INGERSOLL-RAND COMP, INGERSOLL-RAND CO., INGERSOLL-DRESSER, HALLIBURTON COMPANY, HALLIBURTON ENERGY to Compel Discovery with Proposed Order. (ces)
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Blank 25 Filed: 9/13/2000, Entered: 11/1/2000 Answer to Amended Complaint
ANSWER and Affirmative Defenses by INGERSOLL-RAND COMP, INGERSOLL-RAND CO., INGERSOLL-DRESSER, HALLIBURTON COMPANY, HALLIBURTON ENERGY to amended complaint; jury demand (tt)
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Blank -- Filed: 9/13/2000, Entered: 11/1/2000 Crossclaim
CROSSCLAIMS by INGERSOLL-RAND COMP, INGERSOLL-RAND CO., INGERSOLL-DRESSER, HALLIBURTON COMPANY, HALLIBURTON ENERGY against FOSTER WHEELER CORP, FOSTER WHEELER ENERG, FOSTER WHEELER ENVIR, FOSTER WHEELER ENERG, FOSTER WHEELER CONST, FOSTER WHEELER BOIL, FOSTER WHEELER EII, FOSTER WHEELER POWER, TOWNSEND AND BOTTUM, TOWNSEND AND BOTTUM, NUCLEAR STARTUP, UTILITY OPERATIONS (with doc. #25) (tt)
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Blank 24 Filed: 9/8/2000, Entered: 11/1/2000 Amended Complaint
AMENDED COMPLAINT by MICHAEL G. POST, DALE POST, GREG MCDEVITT (tt)
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Blank 23 Filed: 9/8/2000, Entered: 11/1/2000 Stipulation
Stipulation by MICHAEL G. POST, DALE POST, GREG MCDEVITT, HALLIBURTON COMPANY, HALLIBURTON ENERGY, FOSTER WHEELER CORP, FOSTER WHEELER ENERG, FOSTER WHEELER ENVIR, FOSTER WHEELER ENERG, FOSTER WHEELER CONST, FOSTER WHEELER BOIL, FOSTER WHEELER EII, FOSTER WHEELER POWER re: filing of Amended Complaint and Answers thereto. (tt) Modified on 11/01/2000
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Blank -- Filed: 8/7/2000, Entered: 8/7/2000 Order
ORDER upon motion granting [20-1] motion to Extend Time to respond to Halliburton Defts' brief in support of motion to dismiss pltf's complaint until 8/28/00 ( signed by Judge Donald J. Lee on 8/7/00 ) CM all parties of record. (aen)
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Blank 20 Filed: 8/3/2000, Entered: 8/4/2000 Motion to Extend Time
MOTION by MICHAEL G. POST, DALE POST, GREG MCDEVITT to Extend Time to respond to Halliburton Defts' brief in support of motion to dismiss pltf's complaint , with Proposed Order. (tt)
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Blank 22 Filed: 7/28/2000, Entered: 9/1/2000 Amended Complaint
AMENDED COMPLAINT by MICHAEL G. POST, DALE POST, GREG MCDEVITT (Answer due 8/11/00 for UTILITY OPERATIONS, for NUCLEAR STARTUP, for TOWNSEND AND BOTTUM, for TOWNSEND AND BOTTUM, for FOSTER WHEELER POWER, for FOSTER WHEELER EII, for FOSTER WHEELER BOIL, for FOSTER WHEELER CONST, for FOSTER WHEELER ENERG, for FOSTER WHEELER ENVIR, for FOSTER WHEELER ENERG, for FOSTER WHEELER CORP, for HALLIBURTON ENERGY, for HALLIBURTON COMPANY, for INGERSOLL-DRESSER, for INGERSOLL-RAND CO., for INGERSOLL-RAND COMP ) amending [1-1] complaint (crw)
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Blank 21 Filed: 7/28/2000, Entered: 9/1/2000 Stipulation
Stipulation by MICHAEL G. POST, DALE POST, GREG MCDEVITT, HALLIBURTON COMPANY, HALLIBURTON ENERGY withdrawing motion for dismiss or in the alternative motion for more definite statement based on filing of amended complaint that details the alleged liable acts of defendants Halliburton Co. and Halliburton Energy Services, Inc. (crw) Modified on 09/05/2000
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Blank 19 Filed: 6/30/2000, Entered: 6/30/2000 OrderCourt Filing
ORDER, pltfs' Brief in Opposition set to 7/31/00 for [13-1] motion to Dismiss . ( signed by Judge Donald J. Lee on 6/30/00 ) CM all parties of record. (tt)
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Blank 18 Filed: 6/28/2000, Entered: 6/28/2000 Answer to Crossclaim
REPLY by INGERSOLL-RAND COMP, INGERSOLL-RAND CO., INGERSOLL-DRESSER, HALLIBURTON COMPANY, HALLIBURTON ENERGY to [17-2] cross-claim of FOSTER WHEELER ENERGY SERVICES, et al. (tt)
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Blank 17 Filed: 5/8/2000, Entered: 5/8/2000 Answer
ANSWER and Affirmative Defenses to complaint; jury demand and CROSSCLAIM by FOSTER WHEELER ENERGY, INC., FOSTER WHEELER ENVIRESPONSE, FOSTER WHEELER POWER, FOSTER WHEELER ENERGY INTERNATIONAL, INC., FOSTER WHEELER CONSTRUCTORS against INGERSOLL-RAND COMP, INGERSOLL-RAND CO., INGERSOLL-DRESSER, HALLIBURTON COMPANY, HALLIBURTON ENERGY, TOWNSEND AND BOTTUM, TOWNSEND AND BOTTUM, NUCLEAR STARTUP, UTILITY OPERATIONS (tt)
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Blank 16 Filed: 5/8/2000, Entered: 5/8/2000 Notice Opting Out of Arbitration
NOTICE opting out of arbitration by MICHAEL G. POST, DALE POST, GREG MCDEVITT (tt)
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Blank 15 Filed: 5/1/2000, Entered: 5/1/2000 Answer
ANSWER and Affirmative Defenses to complaint; jury demand and CROSSCLAIMS by INGERSOLL-RAND COMP, INGERSOLL-RAND CO., INGERSOLL-DRESSER against FOSTER WHEELER CORP, FOSTER WHEELER ENERGY, FOSTER WHEELER ENVIRESPONSE, FOSTER WHEELER ENERGY, FOSTER WHEELER CONSTRUCTORS, FOSTER WHEELER BOILER, FOSTER WHEELER EII, FOSTER WHEELER POWER, TOWNSEND AND BOTTUM, TOWNSEND AND BOTTUM, NUCLEAR STARTUP, UTILITY OPERATIONS (tt) Modified on 09/26/2002
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Blank 14 Filed: 5/1/2000, Entered: 5/1/2000 Brief in Support of Motion
BRIEF by HALLIBURTON COMPANY, HALLIBURTON ENERGY in support of their [13-1] motion to Dismiss or, in the alternative [13-2] motion for More Definite Statement (tt)
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Blank 13 Filed: 5/1/2000, Entered: 5/1/2000, Terminated: 10/23/2000 Motion to Dismiss
MOTION by HALLIBURTON COMPANY, HALLIBURTON ENERGY to Dismiss or, in the alternative for More Definite Statement , with Proposed Order. (tt)
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Blank 12 Filed: 4/20/2000, Entered: 4/21/2000 Waiver of Service Executed
WAIVER OF SERVICE Returned Executed as to FOSTER WHEELER POWER SYSTEMS on 3/7/00 ; Answer due on 5/6/00 for FOSTER WHEELER POWER SYSTEMS (tt)
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Blank 11 Filed: 4/20/2000, Entered: 4/21/2000 Waiver of Service Executed
WAIVER OF SERVICE Returned Executed as to FOSTER WHEELER ENERGY INTERNATIONAL, INC. on 3/7/00 ; Answer due on 5/6/00 for FOSTER WHEELER ENERGY INTERNATIONAL, INC. (tt)
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Blank 10 Filed: 4/20/2000, Entered: 4/21/2000 Waiver of Service Executed
WAIVER OF SERVICE Returned Executed as to FOSTER WHEELER CONSTRUCTORS on 3/7/00 ; Answer due on 5/6/00 for FOSTER WHEELER CONSTRUCTORS (tt)
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Blank 9 Filed: 4/20/2000, Entered: 4/21/2000 Waiver of Service Executed
WAIVER OF SERVICE Returned Executed as to FOSTER WHEELER ENVIRESPONSE on 3/7/00 ; Answer due on 5/6/00 for FOSTER WHEELER ENVIRESPONSE (tt)
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Blank 8 Filed: 4/20/2000, Entered: 4/21/2000 Waiver of Service Executed
WAIVER OF SERVICE Returned Executed as to FOSTER WHEELER ENERGY SERVICES on 3/7/00 ; Answer due on 5/6/00 for FOSTER WHEELER ENERGY SERVICES (tt)
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Blank 7 Filed: 4/20/2000, Entered: 4/21/2000 Waiver of Service Executed
WAIVER OF SERVICE Returned Executed as to HALLIBURTON ENERGY on 3/7/00 ; Answer due on 5/6/00 for HALLIBURTON ENERGY (tt)
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Blank 6 Filed: 4/20/2000, Entered: 4/21/2000 Waiver of Service Executed
WAIVER OF SERVICE Returned Executed as to INGERSOLL-RAND COMPANY on 3/7/00 ; Answer due on 5/6/00 for INGERSOLL-RAND COMPANY. (tt)
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Blank 5 Filed: 4/19/2000, Entered: 4/19/2000 Notice Opting Out of Arbitration
NOTICE opting out of arbitration. by FOSTER WHEELER ENERGY SERVICES, FOSTER WHEELER ENVIRESPONSE, FOSTER WHEELER CONSTRUCTORS, FOSTER WHEELER ENERGY INTERNATIONAL, INC. and FOSTER WHEELER POWER SYSTEMS (tt)
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Blank 4 Filed: 4/13/2000, Entered: 4/13/2000 Notice of Appearance
NOTICE of Attorney Appearance for FOSTER WHEELER ENERGY SERVICES, INC., FOSTER WHEELER ENVIRESPONSE, INC., FOSTER WHEELER POWER SYSTEMS, INC., FOSTER WHEELER ENERGY INTERNATIONAL, INC. and FOSTER WHEELER CONSTRUCTORS, INC. by Mark F. McKenna (tt)
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Blank 3 Filed: 4/4/2000, Entered: 4/5/2000 Notice of Appearance
NOTICE of Attorney Appearance for HALLIBURTON COMPANY, HALLIBURTON ENERGY by Mark J. Gesk, Susan K. Dirks (tt)
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Blank 2 Filed: 3/28/2000, Entered: 3/28/2000 Notice of Appearance
NOTICE of Attorney Appearance for INGERSOLL-RAND COMP, INGERSOLL-RAND CO., INGERSOLL-DRESSER by Mark J. Gesk, Susan K. Dirks (tt)
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Blank 1 Filed: 3/3/2000, Entered: 3/6/2000 Complaint
COMPLAINT with summons issued; jury demand Filing Fee $ 150.00 Receipt # 4232 (tt)
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