Cylkowski v. Provident Companies, et al

Federal Civil Lawsuit Arizona District Court, Case No. 2:01-cv-01318-OMP
District Judge Owen M. Panner, presiding
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District Judge Owen M. Panner
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Summary

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Parties
No Logo Michael Cylkowski, Plaintiff

Represented by thurlaw.com Law Firm Placeholder

Name Phone Fax E-Mail
Space Roger OSullivan +1 602 222 9888 +1 602 222 9889 roger@thurlaw.com
v.
No Logo Provident Companies, Inc., Defendant

Represented by Bowman and Brooke LLP

Name Phone Fax E-Mail
Space Janell Marie Adams +1 602 643 2300 +1 602 248 0947 janell.adams@phx.bowmanandbrooke.com

Represented by Lewis Roca Rothgerber LLP

Name Phone Fax E-Mail
Space Stephen M. Bressler +1 602 262 5311 +1 602 734 3742 sbressler@lrlaw.com
Space Brenden James Griffin +1 520 629 4407 +1 520 879 4707 bgriffin@lrlaw.com
Space Thomas E Klinkel +1 520 629 4470 +1 520 879 4712 tklinkel@lrlaw.com
No Logo Provident Life And Accident Insurance Company, Defendant

Represented by Bowman and Brooke LLP

Name Phone Fax E-Mail
Space Janell Marie Adams +1 602 643 2300 +1 602 248 0947 janell.adams@phx.bowmanandbrooke.com

Represented by Lewis Roca Rothgerber LLP

Name Phone Fax E-Mail
Space Stephen M. Bressler +1 602 262 5311 +1 602 734 3742 sbressler@lrlaw.com
Space Brenden James Griffin +1 520 629 4407 +1 520 879 4707 bgriffin@lrlaw.com
Space Thomas E Klinkel +1 520 629 4470 +1 520 879 4712 tklinkel@lrlaw.com
No Logo UNUM/Provident Corp, Defendant

Represented by Bowman and Brooke LLP

Name Phone Fax E-Mail
Space Janell Marie Adams +1 602 643 2300 +1 602 248 0947 janell.adams@phx.bowmanandbrooke.com

Represented by Lewis Roca Rothgerber LLP

Name Phone Fax E-Mail
Space Stephen M. Bressler +1 602 262 5311 +1 602 734 3742 sbressler@lrlaw.com
Space Brenden James Griffin +1 520 629 4407 +1 520 879 4707 bgriffin@lrlaw.com
Space Thomas E Klinkel +1 520 629 4470 +1 520 879 4712 tklinkel@lrlaw.com
Attributes
Office Phoenix Division
Filed 7/16/2001
Jury Demand Plaintiff
Demand $0
Nature of Suit 110 - Contract - Insurance
Cause Section 28 U.S.C. § 1332 Diversity-Insurance Contract
Jurisdiction Diversity
Disposition Judgment - Motion Before Trial
County Maricopa
Terminated 8/7/2002
Origin 2
Reopened None
Lead Case None
Related Case
Other Court Case CIV-2001-010786[Sup Ct Maricopa]
Def Custody Status
Flags STD, TERMED
Timeline
  Entries (62) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 60 Filed: 11/21/2002, Entered: 11/21/2002 OrderCourt Filing
ORDER by Judge Owen M. Panner granting motion for attorney's fees and related non-taxable expenses by dft Provident Life & Acc, dft UNUM/Provident Corp [51-1] as to expenses and denied as to attorney's fees. Dfts are awarded $1,657.81 in expenses (cc: all counsel) (CMM)
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Blank 59 Filed: 10/28/2002, Entered: 10/31/2002 Reply to Response to Motion
REPLY by dfts to pla's response to dfts' motion for attorney's fees and related non-taxable expenses [51-1] (former emp)
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Blank 58 Filed: 10/17/2002, Entered: 10/18/2002 Memorandum
MEMORANDUM IN OPPOSITION by pla Michael Cylkowski of motion for attorney's fees and related non-taxable expenses by dft Provident Life & Acc, dft UNUM/Provident Corp [51-1] [51-1] (former emp)
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Blank 57 Filed: 10/8/2002, Entered: 10/8/2002 OrderCourt Filing
ORDER by Judge Owen M. Panner granting Bill of Costs in the amount of $1,072.50 (cc: all counsel/finance) (former emp)
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Blank 56 Filed: 10/4/2002, Entered: 10/8/2002 Memorandum
MEMORANDUM SUPPORTING dfts motion for attorney's fees and related non-taxable expenses by dft Provident Life & Acc, dft UNUM/Provident Corp [51-1] [51-1] (former emp)
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Blank 55 Filed: 9/4/2002, Entered: 9/5/2002, Terminated: 11/26/2002 Other Notice
NOTICE OF WITHDRAWAL by pla Michael Cylkowski of motion for new trial by pla Michael Cylkowski [49-1] [49-1] of motion to alter or amend judgment and order of 8/7/02 and 8/9/02 [48-1] by pla Michael Cylkowski [49-2] [49-2] of motion for relief from judgment or order entered 8/7/02 and 8/9/02 by Michael Cylkowski [49-3] (former emp)
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Blank 54 Filed: 8/30/2002, Entered: 9/3/2002 Objection
OBJECTIONS by pla Michael Cylkowski to dfts Bill of Costs [52-1] (former emp)
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Blank 53 Filed: 8/29/2002, Entered: 9/3/2002 Response to Motion
OBJECTION (RESPONSE) by pla Michael Cylkowski to motion for attorney's fees and related non-taxable expenses by dft Provident Life & Acc, dft UNUM/Provident Corp [51-1] (former emp)
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Blank 52 Filed: 8/16/2002, Entered: 8/19/2002 Bill of Costs
BILL OF COSTS submitted by Provident Life and Accident Ins. Co and dft UNUM/Provident Corp (request for $1,072.50) (former emp)
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Blank 51 Filed: 8/16/2002, Entered: 8/19/2002, Terminated: 11/21/2002 Motion for Attorney Fees
MOTION for attorney's fees and related non-taxable expenses by dft Provident Life & Acc, dft UNUM/Provident Corp [51-1] (former emp)
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Blank 50 Filed: 8/16/2002, Entered: 8/19/2002 Transcript
TRANSCRIPT of scheduling conference hearing by Court Reporter: GMoll for the following date(s): 9/21/01 (former emp)
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Blank 49 Filed: 8/16/2002, Entered: 8/28/2002 Motion for New Trial
MOTION for new trial by pla Michael Cylkowski [49-1] , to alter or amend judgment and order of 8/7/02 and 8/9/02 [48-1] by pla Michael Cylkowski [49-2] , for relief from judgment or order entered 8/7/02 and 8/9/02 by Michael Cylkowski (former emp)
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Blank 48 Filed: 8/15/2002, Entered: 8/15/2002 Judgment*Court Filing
JUDGMENT by Judge Owen M. Panner: based on the record, judgment is for dfts [45-2] (cc: all counsel) (former emp)
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Blank 47 Filed: 8/14/2002, Entered: 8/15/2002 Transcript Order Form - Appeal
Transcript Designation and Ordering Form by pla Michael Cylkowski re Rule 16 hearing held 9/21/01 (former emp)
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Blank 46 Filed: 8/7/2002, Entered: 8/7/2002, Terminated: 8/7/2002 Judgment*
JUDGMENT: per the Court's order of 8/7/02 granting dfts' motion for summary judgment subject to the Employee Retirement Income Security Act of 1974 (ERISA, 29 U.S.C. Subsection 1001-1461, this case is closed; pla to take nothing (cc: all counsel/jgmdrw) re: judgment [46-1] (former emp)
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Blank 45 Filed: 8/7/2002, Entered: 8/7/2002 OrderCourt Filing
OPINION by Judge Owen M. Panner re: order filed [44-1] terminating case ; granting dfts' motion for summary judgment (cc: all counsel) (former emp)
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Blank 44 Filed: 8/7/2002, Entered: 8/7/2002 OrderCourt Filing
ORDER by Judge Owen M. Panner granting motion for summary judgment re: erisa preemption by dfts [28-1] (cc: all counsel) (former emp)
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Blank 43 Filed: 6/26/2002, Entered: 6/27/2002 Stipulation
STIPULATED motion to extend discovery schedule (discovery completed within 150 days of the court's pending ruling and dispositive motions filed no later than 180 days following the Court's ruling) by pla Michael Cylkowski (former emp)
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Blank 42 Filed: 3/22/2002, Entered: 3/22/2002 OrderCourt Filing
ORDER by Judge Owen M. Panner granting motion to exceed the page limit for its reply supporting its motion for summary judgment re: ERISA preemption by dfts [40-1] (cc: all counsel) (former emp)
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Blank 41 Filed: 3/13/2002, Entered: 3/13/2002 Reply to Response to Motion
REPLY by dfts supporting its motion for summary judgment re: erisa preemption by dfts [28-1] (former emp)
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Blank 40 Filed: 3/12/2002, Entered: 3/13/2002, Terminated: 3/22/2002 Motion for Leave to File Excess Pages
MOTION to exceed the page limit for its reply supporting its motion for summary judgment re: ERISA preemption by dfts [40-1] (former emp) Modified on 03/22/2002
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Blank 39 Filed: 3/4/2002, Entered: 3/4/2002 OrderCourt Filing
ORDER by Judge Owen M. Panner ; jury trial set for 9:00 11/4/02 ; a pretrial conference is set for 10/21/02 at 2:00; the conference will be by telephone; pretrial materials are due 10 days before the conference (cc: all counsel) (former emp)
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Blank 38 Filed: 3/4/2002, Entered: 3/4/2002 Minutes-MiscellaneousCourt Filing
MINUTE ENTRY before Judge Owen M. Panner: a three day jury trial is set to begin on 11/4/02 ; Pretrial conference set for 2:00 10/21/02;ate , ; jury trial set for 11/4/02 (time of day not provided ; parties shall submit their pretrial materials 10 days in advance of the pretrial conference; dft's oral motion for extension of time to file a reply brief is granted; dft's reply brief shall be filed on or before 3/12/02 [38-3] cc: all counsel ] (former emp)
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Blank 37 Filed: 2/15/2002, Entered: 2/21/2002 Exhibit
Evidentiary Appendix Re: statement of facts [36-1] by pla Michael Cylkowski (SAT)
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Blank 36 Filed: 2/15/2002, Entered: 2/21/2002 Statement
STATEMENT OF FACTS by pla Michael Cylkowski (SAT)
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Blank 35 Filed: 2/15/2002, Entered: 2/21/2002 Response
RESPONSE/Objections by pla Michael Cylkowski to dfts' statement of facts [29-1] (SAT)
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Blank 34 Filed: 2/15/2002, Entered: 2/21/2002 Response to Motion
RESPONSE by pla Michael Cylkowski to motion for summary judgment re: erisa preemption by dfts [28-1] (SAT)
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Blank 33 Filed: 2/12/2002, Entered: 2/21/2002 Minutes-MiscellaneousCourt Filing
MINUTE ENTRY before Judge Owen M. Panner . Crt Rptr: none. granting stipulation to extend time for plas to respond to dfts' motion for summary judgment until 2/15/02 by all parties [33-1] (CMM)
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Blank 32 Filed: 2/12/2002, Entered: 2/21/2002 Minutes-MiscellaneousCourt Filing
MINUTE ENTRY before Judge Owen M. Panner . Crt Rptr: none. ; Record of setting telephone conference for 1:30 (PST) 2/27/02 The court will initiat the call [32-2] (CMM)
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Blank 31 Filed: 2/5/2002, Entered: 2/5/2002, Terminated: 2/12/2002 Stipulation
STIPULATION to extend time for plas to respond to dfts' motion for summary judgment until 2/15/02 by all parties (former emp)
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Blank 30 Filed: 1/14/2002, Entered: 1/14/2002 OrderCourt Filing
ORDER by Judge Roslyn O. Silver Case reassigned to Judge Owen M. Panner (with notice sent) ; all hearing and trial dates to be vacated and reset by Judge Panner ; all future pleadings and papers submitted for filing shall bear the case number CV 01-1318 PHX OMP (ROS) (cc: all (former emp)
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Blank 29 Filed: 1/4/2002, Entered: 1/7/2002 Statement
STATEMENT OF FACTS by dfts in support of motion for summary judgment re: erisa preemption by dfts [28-1] [28-1] (former emp)
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Blank 28 Filed: 1/4/2002, Entered: 1/7/2002, Terminated: 8/7/2002 Motion for Summary Judgment
MOTION for summary judgment re: erisa preemption by dfts [28-1] (former emp)
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Blank 27 Filed: 12/11/2001, Entered: 12/12/2001 Other Notice
NOTICE of service of 3rd supplemental disclosure statement pursuant to FRCivP 26(a) by dft Provident Life & Acc, dft UNUM/Provident Corp (former emp)
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Blank 26 Filed: 11/29/2001, Entered: 12/3/2001 Other Notice
NOTICE of compliance of second supplemental disclosure statement pursuant to FRCivP 26(a) by dft Provident Life & Acc, dft UNUM/Provident Corp (former emp)
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Blank 25 Filed: 11/14/2001, Entered: 11/14/2001 Notice of Deposition
NOTICE by dfts OF TAKING DEPO OF Michael Cylkowski on the following date(s): 11/15/01 (former emp)
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Blank 24 Filed: 11/14/2001, Entered: 11/14/2001 Notice of Deposition
NOTICE by dfts OF TAKING DEPO OF Pat Reckers on the following date(s): 11/15/01 (former emp)
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Blank 23 Filed: 11/13/2001, Entered: 11/13/2001 Scheduling OrderCourt Filing
SCHEDULING ORDER by Judge Roslyn O. Silver ; discovery due 7/1/02 ; dispositive motions due 8/1/02 ; pretrial order due 10/15/02 (cc: all counsel) re: order (scheduling) [23-1] (DMT)
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Blank 22 Filed: 11/6/2001, Entered: 11/7/2001 Other Notice
JOINT SUBMISSION of Rule 16 Scheduling Order by pla Michael Cylkowski (notice of compliance w/Court's Order of 10/24/01) (MAP)
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Blank 21 Filed: 10/31/2001, Entered: 11/1/2001 Other Notice
NOTICE of service of 1st supplemental disclosure statement pursuant to FRCivP 26(a) by dft Provident Life & Acc, dft UNUM/Provident Corp (LSP)
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Blank 20 Filed: 10/29/2001, Entered: 10/30/2001 Other Notice
NOTICE by dft Provident Companies, dft Provident Life & Acc, dft UNUM/Provident Corp of service of its response to pla's request for production of documents (former emp)
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Blank 19 Filed: 10/24/2001, Entered: 10/24/2001 Minute Order - Miscellaneous
MINUTE ORDER At the Rule 16 Scheduling Conference the Court directed counsel to file their Rule 16 Order by 10/1/01. The Court has not received the Rule 16 Order. IT IS THEREFORE ORDERED that the Rule 16 Order be submitted to the Court by November 7, 2001. (cc: all counsel; CD) [19-1] re: order (minute) [19-1] (former emp)
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Blank 18 Filed: 10/17/2001, Entered: 10/22/2001 Notice of Deposition
NOTICE by dft OF TAKING DEPO OF Custodian of Records for Beal Insurance on the following date(s): 11/2/01 (former emp)
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Blank 17 Filed: 10/2/2001, Entered: 10/3/2001 Other Notice
NOTICE by dft Provident Companies, dft Provident Life & Acc of service of request for production of documents and tangible things to pla (former emp)
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Blank 16 Filed: 9/25/2001, Entered: 9/26/2001 Other Notice
NOTICE of service of initial disclosure statement pursuant to FRCivP 26(a) by dft Provident Life & Acc, dft UNUM/Provident Corp (former emp)
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Blank 15 Filed: 9/21/2001, Entered: 9/21/2001 Minutes-MiscellaneousCourt Filing
MINUTE ENTRY before Judge Roslyn O. Silver. Crt Rptr: Gary Moll. Appearances: Roger O'Sullivan for pla. Janell Adams for dfts. Rule 16 prel scheduling conf held: Discussion of the 2000 Amendments to the FRCP. Counsel are to submit their Rule 16 Order by 10/1/01. [cc: CD]] [15-2] (former emp)
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Blank 13 Filed: 9/17/2001, Entered: 9/17/2001 OrderCourt Filing
ORDER by Mag Judge Morton Sitver granting motion for Dfts' counsel to appear telephonically for Scheduling Conference (scheduled for 9/21/01) by dfts [12-1] (cc: all counsel) (MAP)
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Blank 14 Filed: 9/14/2001, Entered: 9/19/2001 Report re: Rule 26(f) Planning Meeting
JOINT CASE MGT PLAN: joint pretrial order ddl 10/15/02; discovery cutoff 7/1/02; dispositive motions filing ddl is 8/1/02 (former emp)
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Blank 12 Filed: 9/12/2001, Entered: 9/17/2001, Terminated: 9/17/2001 Motion for Miscellaneous Relief
MOTION (REQUEST) for Dfts' counsel to appear telephonically for Scheduling Conference by dfts [12-1] (MAP)
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Blank 11 Filed: 8/14/2001, Entered: 8/14/2001 OrderCourt Filing
ORDER by Judge Roslyn O. Silver ; prel scheduling conf set for 9:00 9/21/01 ; Counsel and parties are directed to Rule 16 of the Fed.R.Civ.P for the objectives of this conference (cc: all counsel) (former emp) Modified on 08/15/2001
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Blank 10 Filed: 8/8/2001, Entered: 8/8/2001 Minute Order - Miscellaneous
MINUTE ORDER a notice of withdrawal from arbitration having been received, counsel/parties are advised that this case is returned to the regular civil docket of the Hon. Roslyn O. Silver for all further proceedings. (cc: all counsel/ROS/KR) [10-1] re: order (minute) [10-1] (MAP)
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Blank -- Filed: 8/6/2001, Entered: 8/8/2001 Miscellaneous Document
NOTICE of removal from Arbitration (MAP)
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Blank 9 Filed: 8/1/2001, Entered: 8/6/2001 Agreement to Magistrate Judge Jurisdiction
Party agrees to mag judge jurisdiction (MAP)
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Blank 8 Filed: 8/1/2001, Entered: 8/1/2001 Minute Order - MiscellaneousCourt Filing
MINUTE ORDER that pursuant to Local Rule 1.2(e), a request has been received for a random reassignment of this case to a District Judge FURTHER ORDERED Case reassigned by random draw to Judge Roslyn O. Silver All further pleadings should now list the following COMPLETE case number: CIV-01-1318-PHX-ROS FURTHER ORDERED that the Order to Show Cause hearing scheduled for 8/6/01, is hereby vacated (cc: all counsel/MS/ROS) [8-2] (MAP)
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Blank 7 Filed: 7/31/2001, Entered: 8/1/2001 Election to Assign Case to District Judge
Party elects assignment of case to district judge ; mag election form ddl satisfied 7/31/01 (MAP)
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Blank 6 Filed: 7/31/2001, Entered: 7/31/2001 ADR-Miscellaneous
NOTICE: this case referred to Arbitration; removal from arbitration due 8/21/01 (cc: all counsel/MS) (MAP)
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Blank 5 Filed: 7/31/2001, Entered: 7/31/2001 OrderCourt Filing
ORDER by Mag Judge Morton Sitver granting stipulation for extension of time to answer the complaint until 7/30/01 by pla, dfts [2-1] (cc: all counsel) (MAP)
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Blank 4 Filed: 7/27/2001, Entered: 7/31/2001 Answer
ANSWER to [1-2] by dfts (all) (MAP)
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Blank 3 Filed: 7/24/2001, Entered: 7/30/2001 Jury Demand
DEMAND for jury trial by pla Michael Cylkowski (MAP)
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Blank 2 Filed: 7/23/2001, Entered: 7/24/2001, Terminated: 7/31/2001 Stipulation
STIPULATION for extension of time to answer the complaint until 7/30/01 by pla, dfts [2-1] (former emp)
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Blank 1 Filed: 7/16/2001, Entered: 7/19/2001 Summons Returned Executed - Complaint/Habeas Petit
RETURN OF SERVICE EXECUTED summons/complaint upon Stat Agent for dft UNUM/Provident Corp on 6/26/01 (MAP)
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Blank 1 Filed: 7/16/2001, Entered: 7/19/2001 ADR-Miscellaneous
NOTICE of removal from Maricopa County Superior; Court Number: CV-2001-010786 (summons/complaint). Considered for possible arbitration. (MAP)
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