CitiCapital Comm v. Horton Truck & Equip

Federal Civil Lawsuit Virginia Eastern District Court, Case No. 1:02-cv-01207-LMB
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Summary

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Parties
No Logo Citicapital Commercial Corporation, Plaintiff

Represented by Leitess Leitess Friedberg and Fedder PC

Name Phone Fax E-Mail
Space Jeremy S Friedberg +1 410 581 7400 +1 410 581 7410 jeremy.friedberg@llff.com
v.
No Logo Horton Truck & Equipment Co., Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space David Thomas Williams +1 703 836 7997 +1 703 836 0238 wbcpclaw@aol.com
Other Parties
No Logo Horton Truck & Equipment Co., Third Party Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space David Thomas Williams +1 703 836 7997 +1 703 836 0238 wbcpclaw@aol.com
No Logo Mar-Eco, Inc., Third Party Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Christopher Julian Hoctor +1 804 423 7923 +1 804 916 9116

Represented by Hirschler Fleischer, PC

Name Phone Fax E-Mail
Space Chandra Dore Lantz +1 804 771 9586 +1 804 644 0957 clantz@hf-law.com
No Logo RITE Inc., Third Party Defendant
Attributes
Office Alexandria
Filed 8/14/2002
Jury Demand None
Demand $88000
Nature of Suit 190 - Contract: Other Contract Actions
Cause Section 28 U.S.C. § 1332 Diversity-Breach of Contract
Jurisdiction Diversity
Disposition Judgment - Court Trial
County Out of State
Terminated 6/6/2003
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flag CLOSED
Timeline
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Blank -- Filed: 1/6/2005, Entered: 1/6/2005 Exhibit
Remaining exhibits disposed of by the clerk (kjon)
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Blank -- Filed: 12/7/2004, Entered: 12/8/2004 Docket Annotation
Notice sent to parties for exhibits to be picked up (kjon)
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Blank -- Filed: 8/6/2004, Entered: 8/17/2004 Exhibit
Exhibits returned to Horton Truck & Equip (2 Blue Binders) (pmil) Modified on 08/17/2004
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Blank 78 Filed: 7/23/2004, Entered: 7/23/2004 OrderCourt Filing
ORDER granting [77-1] ex parte motion by Horton Truck & Equip to Satisfy Judgment entered 05/29/03, filed 06/06/03 against Third Party Deft Rite, Inc., t/a Taylor's Quality Auto Service for $63,412.72; the Clerk of this Court forthwith mark the judgment of the third-party pltf Horton Truck & Equipment Co. for $63,412.72 against third-party deft Rite, Inc., t/a Taylor's Quality Auto Service satisfied in full ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes [EOD Date: 7/23/04] (pmil)
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Blank 77 Filed: 7/22/2004, Entered: 7/23/2004, Terminated: 7/23/2004 Motion for Miscellaneous Relief
EX PARTE MOTION by Horton Truck & Equip to Satisfy Judgment entered 05/29/03, filed 06/06/03 against Third Party Deft Rite, Inc., t/a Taylor's Quality Auto Service for $63,412.72 (pmil)
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Blank 76 Filed: 9/26/2003, Entered: 9/30/2003 Transcript
TRANSCRIPT for the date of 5/2/03 before LMB (bench trial) (agil)
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Blank 75 Filed: 9/26/2003, Entered: 9/30/2003 Transcript
TRANSCRIPT for the date of 5/1/03 before LMB (Bench Trial) (agil)
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Blank 74 Filed: 6/6/2003, Entered: 6/6/2003 Judgment*
JUDGMENT for third-party plaintiff Horton Truck & Equip against third-party defendant Rite, Inc in the amount of $63,412.72. (entered by clerk pursuant to FRCP 58) Copies Mailed: yes [EOD DATE: 6/6/03] (THIS JUDGMENT SATISFIED IN FULL - PER ORDER OF LMB 07/23/04) (clerk) Modified on 07/23/2004
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Blank -- Filed: 6/6/2003, Entered: 7/28/2003 Docket Annotation
all pleadings accounted for and in order (clerk)
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Blank -- Filed: 6/6/2003, Entered: 7/23/2003 Terminated Case
Case closed (clerk)
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Blank 73 Filed: 5/29/2003, Entered: 6/2/2003 OrderCourt Filing
ORDER that judgment be and is entered in favor of third-parth plaintiff Horton Truck & Equipment Co. against third-party defendant Rite, Inc. in the amount of $63,412.72. (See order for details) ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes [EOD Date: 6/2/03] (clerk)
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Blank 72 Filed: 5/28/2003, Entered: 5/28/2003 Judgment*
JUDGMENT-Pursuant to the Memorandum Opinion and Order of this Court, entered on 05/28/2003, and in accordance with FRCP 58, Judgment is hereby entered in favor of CitiCapital Commercial Corp. against Horton Truck & Equipment Co. in the amount of $63,412.72. Copies Mailed: 05/28/03 [EOD DATE: 5/28/03] (rtra)
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Blank 71 Filed: 5/28/2003, Entered: 5/28/2003 OrderCourt Filing
For the reasons stated in the accompanying Memorandum Opinion, ORDERED that judgment be and is entered in favor of plaintiff, CitiCapital Commercial Corp against defendant, Horton Truck & Equipment Co. in the amount of $63,412.72. ( signed by Judge Leonie M. Brinkema ) Copies Mailed: 05/28/03 [EOD Date: 5/28/03] (rtra)
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Blank 70 Filed: 5/28/2003, Entered: 5/28/2003 Memorandum and OpinionCourt Filing
MEMORANDUM OPINION-Entered and filed ( signed by Judge Leonie M. Brinkema ) Copies Mailed: 05/28/03 (rtra)
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Blank 69 Filed: 5/12/2003, Entered: 5/14/2003 Remark
Statement Concerning its Attorney Fees filed by defendant Horton Truck & Equip (clerk)
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Blank 68 Filed: 5/12/2003, Entered: 5/14/2003 Response
Response by Horton Truck & Equip to Plaintiff's Statement of Attorney Fees (clerk)
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Blank 67 Filed: 5/6/2003, Entered: 5/7/2003 Judgment*
JUDGMENT Pursuant to the Order of this Court entered on May 6, 2003, and in accordance with FRCP 58; Judgment is hereby entered in favor of third-party deft. Mar-Eco, Inc against third-party pltf. Horton Truck & Equip - entered by the clerk. Copies Mailed: yes [EOD DATE: 5/7/03] (stas)
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Blank 66 Filed: 5/6/2003, Entered: 5/7/2003 OrderCourt Filing
ORDER For the reasons stated in open court, it is hereby ORDERED that judgment be and is entered in favor of third-party defendant, Mar-Eco, Inc., t/a Keystone Ford. (See Order for Details) (signed by Judge Leonie M. Brinkema) Copies Mailed: yes [EOD Date: 5/7/03] (stas) Modified on 05/07/2003
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Blank -- Filed: 5/2/2003, Entered: 5/5/2003 Bench Trial - Held
Bench trial continued before Judge Brinkema; Reporter: Thomson. Appearances by counsel for third-party pltf and deft. Third-party pltf. continued to adduce evidence and rests. Third-party deft. Keystone adduced all evidence through cross-exam. Third-party deft. Keystone rests. COurt rules from the bench, Judgment as a matter of law granted in favor of third-party deft. Keystone Ford against third-party pltf. Horton Truck & Equip. Co. Post trial motions in opposition to Citicapital's atty fee petition and to submit atty fee petition w/in 10 days. Judgment and Memorandum Opinion to follow. (rtra)
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Blank 65 Filed: 5/1/2003, Entered: 5/1/2003 Discovery - Miscellaneous
First Ameded Rule 26(a)(3) Disclosure by CitiCapital Comm (clerk) Modified on 05/07/2003
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Blank -- Filed: 5/1/2003, Entered: 5/5/2003 Bench Trial - Held
Bench trial held before Judge Brinkema; Reporter: Thomson; Appearances by counsel for parties. Rule on witnesses. Opening Statements made. Pltf. Adduced evidence and rests. Deft. adduced evidence and rests as to pltf's case. Court rules from the bench in part, Judgment to enter in favor of Pltf Citicapital against Deft. Horton Truck & Equipment Co. Matter taken under advisment as to atty fee issue. Opinion to follow. Trial resumed as to third-party case. Third-party pltf Horton adduced evidence. Court adjourned to reconvene 05/02/2003 at 1:00 p.m. (rtra)
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Blank 64 Filed: 4/30/2003, Entered: 4/30/2003 Trial Brief
TRIAL Memorandum by Horton Truck & Equip (clerk) Modified on 05/07/2003
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Blank 63 Filed: 4/30/2003, Entered: 4/30/2003 Proposed Findings of Fact
PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW by Horton Truck & Equip (clerk) Modified on 05/07/2003
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Blank 62 Filed: 4/30/2003, Entered: 4/30/2003 Proposed Findings of Fact
PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW by Mar-Eco, Inc (clerk)
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Blank 61 Filed: 4/30/2003, Entered: 4/30/2003 Objection
OBJECTION by third-party defendant Mar-Eco, Inc to [60-1] exhibits list by Horton Truck & Equip (clerk)
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Blank -- Filed: 4/30/2003, Entered: 4/30/2003 Exhibit
Exhibits received by Horton Truck & Equip (2 blue binders filed) (clerk)
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Blank -- Filed: 4/30/2003, Entered: 4/30/2003 Exhibit
Exhibits received by Mar-Eco, Inc (2 black binders) Original and one copy of the exhibits (clerk)
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Blank 60 Filed: 4/22/2003, Entered: 4/22/2003 Exhibit
Revised Exhibit Index list by Horton Truck & Equip (clerk)
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Blank 59 Filed: 4/21/2003, Entered: 4/22/2003 OrderCourt Filing
ORDER that [55-1] motion by Horton Truck & Equip to Quash is DENIED (see order for details) ( signed by Magistrate Judge Thomas R. Jones Jr. ) Copies Mailed: Yes [EOD Date: 4/22/03] (kjon)
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Blank 58 Filed: 4/18/2003, Entered: 4/18/2003 Memorandum in Opposition
Brief by Mar-Eco, Inc in opposition to [55-1] motion by Horton Truck & Equip to Quash (clerk)
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Blank -- Filed: 4/18/2003, Entered: 4/18/2003 Docket Annotation
Per TRJ chambers motions set for 4/18/03 on papers (clar)
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Blank 57 Filed: 4/10/2003, Entered: 4/11/2003 Notice of Hearing.Court Filing
NOTICE of Hearing: Motion Hearing Deadline before Judge Unassigned set for 10:00 4/18/03 for [55-1] motion by Horton Truck & Equip to Quash (clar)
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Blank 56 Filed: 4/10/2003, Entered: 4/11/2003 Memorandum in Support
MEMORANDUM by Horton Truck & Equip in support of [55-1] motion by Horton Truck & Equip to Quash (clar)
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Blank 55 Filed: 4/10/2003, Entered: 4/11/2003, Terminated: 4/21/2003 Motion to Quash
MOTION by Horton Truck & Equip to Quash (clar)
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Blank 54 Filed: 4/10/2003, Entered: 4/30/2003 Witness List
Revised Witness list by Horton Truck & Equip (together with revised Rule 26 (a)(3) Disclosure) (clerk)
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Blank 54 Filed: 4/10/2003, Entered: 4/11/2003 Discovery - Miscellaneous
Revised Rule 26 (a)(3) Disclosure by Horton Truck & Equip (together with revised witness list by Horton Truck & Equip)(clerk) Modified on 04/30/2003
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Blank 53 Filed: 4/8/2003, Entered: 4/8/2003 Exhibit
Amended Exhibit list pursuant to FRCP 26(a)(3) by Mar-Eco, Inc (clerk)
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Blank 52 Filed: 3/28/2003, Entered: 3/28/2003 Objection
OBJECTION by third-party defendant Mar-Eco, Inc to [47-1] exhibits list by Horton Truck & Equip (clerk)
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Blank -- Filed: 3/28/2003, Entered: 3/28/2003 Docket Annotation
Per LMB chambers motions set for 3/28/03 on papers (clar)
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Blank 51 Filed: 3/27/2003, Entered: 3/28/2003 OrderCourt Filing
ORDER granting [41-1] motion by Mar-Eco, Inc for waiver of Local Rule 83-1(D)(1)(b) and (F), and it is hereby Ordered that the presence of local counsel at trial of this civil action is waived; however third-party defendant Mar-Eco must continue to comply with Local Rule 83.1(F), to the extent that it requires local counsel to sign all pleadings filed in this court. (See order for details) ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes [EOD Date: 3/28/03] (clerk)
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Blank 50 Filed: 3/25/2003, Entered: 3/25/2003 Request for Admissions
REQUEST for Admissions pursuant to Rule 36 of the FRCP by Horton Truck & Equip (clerk)
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Blank 49 Filed: 3/21/2003, Entered: 3/21/2003 Remark
Praecipe filed by defendant Horton Truck & Equip removing [35-1] motion by Horton Truck & Equip in limine seeking the entry of an order limiting any damages awarded to the plaintiff for the 3/28/03 docket (clar)
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Blank 48 Filed: 3/20/2003, Entered: 3/20/2003 Discovery - Miscellaneous
Rule 26 Disclosure by CitiCapital Comm tog. w/copies of pltf's exhibits A through X (rtra)
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Blank 47 Filed: 3/20/2003, Entered: 3/20/2003 Exhibit
Exhibit list by Horton Truck & Equip (rtra)
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Blank 46 Filed: 3/20/2003, Entered: 3/20/2003 Discovery - Miscellaneous
Rule 26 Disclosure and Witness List by Horton Truck & Equip (rtra)
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Blank 45 Filed: 3/20/2003, Entered: 3/20/2003 Witness List
Witness list by Mar-Eco, Inc pursuant to FRCP 26(a)(3) (clerk)
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Blank 44 Filed: 3/20/2003, Entered: 3/20/2003 Exhibit
Exhibit list by Mar-Eco, Inc pusuant to FRCP 26(a)(3) (clerk)
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Blank 43 Filed: 3/20/2003, Entered: 3/20/2003 Notice of Hearing.Court Filing
NOTICE of Hearing: Motion Hearing Deadline before Judge Leonie M. Brinkema set for 10:00 3/28/03 for [41-1] motion by Mar-Eco, Inc for waiver of Local Rule 83-1(D)(1)(b) and (F) (clar)
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Blank 42 Filed: 3/20/2003, Entered: 3/20/2003 Memorandum in Support
Brief by Mar-Eco, Inc in support of [41-1] motion by Mar-Eco, Inc for waiver of Local Rule 83-1(D)(1)(b) and (F) (clar)
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Blank 41 Filed: 3/20/2003, Entered: 3/20/2003, Terminated: 3/27/2003 Motion for Miscellaneous Relief
MOTION by Mar-Eco, Inc for waiver of Local Rule 83-1(D)(1)(b) and (F) (clar)
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Blank -- Filed: 3/20/2003, Entered: 3/20/2003 Bench Trial - Held
Bench trial set at 9:30 5/1/03 before Judge Leonie M. Brinkema (rtra)
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Blank -- Filed: 3/20/2003, Entered: 3/20/2003 Pretrial Conference - Final
Pre-Trial Conference held before Judge Brinkema; Reporter: Thomson; Appearances by counsel for parties. Matter set for Bench Trial 05/01/2003 at 9:30 a.m. before Judge Brinkema. Counsel for pltf advised Court pending Motion scheduled for hearing may be resolved. Counsel advised to contact duty magistrate judge for settlement conference. (rtra)
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Blank 40 Filed: 3/19/2003, Entered: 3/19/2003 OrderCourt Filing
ORDER granting [37-1] motion by CitiCapital Comm for continuance of the hearing on defendant motion in limine from 3/21/03 at 10:00am to 3/28/03 at 10:00am ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes [EOD Date: 3/19/03] (clerk)
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Blank 39 Filed: 3/19/2003, Entered: 3/19/2003 Memorandum in Support
Brief by Mar-Eco, Inc in support of [38-1] motion by Mar-Eco, Inc for waiver of Local Rule 83.1(D)(1)(b) and (F) (clerk)
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Blank 38 Filed: 3/19/2003, Entered: 3/19/2003, Terminated: 6/6/2003 Motion for Miscellaneous Relief
MOTION by Mar-Eco, Inc for waiver of Local Rule 83.1(D)(1)(b) and (F) (will notice) (clerk)
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Blank 37 Filed: 3/19/2003, Entered: 3/19/2003, Terminated: 3/19/2003 Motion to Continue
MOTION by CitiCapital Comm for continuance (clar)
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Blank -- Filed: 3/19/2003, Entered: 3/19/2003 Set/Reset Deadlines:
Deadline updated; Motion Hearing Deadline set for 10:00 3/28/03 for [35-1] motion by Horton Truck & Equip in limine seeking the entry of an order limiting any damages awarded to the plaintiff (clerk)
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Blank 36 Filed: 3/14/2003, Entered: 3/17/2003 Notice of Hearing.Court Filing
NOTICE of Hearing: Motion Hearing Deadline before Judge Leonie M. Brinkema set for 10:00 3/21/03 for [35-1] motion by Horton Truck & Equip in limine seeking the entry of an order limiting any damages awarded to the plaintiff (clar)
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Blank 35 Filed: 3/14/2003, Entered: 3/17/2003 Motion in Limine
MOTION by Horton Truck & Equip in limine seeking the entry of an order limiting any damages awarded to the plaintiff (clar)
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Blank 34 Filed: 2/14/2003, Entered: 2/14/2003 OrderCourt Filing
ORDER, that this matter came before the court on a rule issued 1/8/03 for Mar-Eco, Inc. to show caue why sanctions should not be imposed; and upon consideration of the third party defendant response. It is Ordered that the rule to show Cause is Dismissed ( signed by Magistrate Judge Theresa C. Buchanan ) Copies Mailed: yes [EOD Date: 2/14/03] (clerk)
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Blank -- Filed: 2/14/2003, Entered: 2/14/2003 Docket Annotation
Per TCB chambers motions set for 2/14/03 on papers (clar)
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Blank 33 Filed: 2/13/2003, Entered: 2/14/2003 Notice
NOTICE by Horton Truck & Equip to take deposition of Chad Hornaker, Karole Barton, Donald Hill (clerk)
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Blank 32 Filed: 2/7/2003, Entered: 2/10/2003 Notice
NOTICE by Horton Truck & Equip to take deposition of Rule 30 (b)(6) designee of Rite, Inc. and John Taylor (clerk) Modified on 03/18/2003
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Blank -- Filed: 1/24/2003, Entered: 1/24/2003 Set/Reset Deadlines:
Deadline updated; reset Show Cause Hearing for 10:00 2/14/03 before Magistrate Judge Theresa C. Buchanan (clar)
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Blank 31 Filed: 1/23/2003, Entered: 1/28/2003 OrderCourt Filing
ORDER Upon due consideration, the [28-1] motion by Mar-Eco, Inc for continuance of show cause hearing is GRANTED. The hearing set for 01/24/03 at 10:00 a.m. is continued to 10:00 a.m. on 02/14/03. It is SO ORDERED. (signed by Magistrate Judge Theresa C. Buchanan) Copies Mailed: yes [EOD Date: 1/28/03] (stas)
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Blank 30 Filed: 1/23/2003, Entered: 1/24/2003 OrderCourt Filing
ORDER, that a Default Judgment for indemnification hereby is entered in favor of Horton Truck and Equipment Co. and against Rite, Inc, t/a Taylor's Quality Auto Service, and that Rite, Inc, t/a Taylor's Quality Auto Service shall therefore indeminify and hold harmless Horton Truck and Equipment Co, in favor of Citicapital Commercial Corporation in the case. (See order for details) ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes [EOD Date: 1/24/03] (clerk)
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Blank 29 Filed: 1/23/2003, Entered: 1/24/2003 Memorandum and OpinionCourt Filing
MEMORANDUM OPINION - filed ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (clerk) Modified on 01/24/2003
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Blank 28 Filed: 1/17/2003, Entered: 1/21/2003, Terminated: 1/23/2003 Motion to Continue
MOTION with Memorandum in Support by Mar-Eco, Inc for continuance of show cause hearing (clar)
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Blank 27 Filed: 1/17/2003, Entered: 1/21/2003 Response
Response by Mar-Eco, Inc to [26-1] Rule to show cause and memorandum in support thereof (clar)
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Blank 26 Filed: 1/8/2003, Entered: 1/9/2003 OrderCourt Filing
RULE/ORDER TO SHOW CAUSE: Pursuant to the Court's order of 1/08/03, it is hereby ORDERED that deft. MAR-ECO, INC. shall appear before the Court on 01/24/03, at 10:00 a.m. to show cause why sanctions, including entry of default judgment, should not be imposed for deft's failure to comply with the Order of the Honorable Leonie M. Brinkema dated 11/04/02. Show Cause Hearing set for 10:00 1/24/03 (signed by Magistrate Judge Theresa C. Buchanan) Copies Mailed: yes [EOD Date: 1/9/03] (stas) Modified on 01/09/2003
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Blank 25 Filed: 1/8/2003, Entered: 1/9/2003 OrderCourt Filing
ORDER This matter came before the Court on 01/08/03, for a conference pursuant to FRCP 16(b). Deft. MAR-ECO, INC. failed to appear for the conference and failed to submit a discovery plan to the court as required by the Scheduling Order entered on 11/04/02. Therefore, it is ORDERED that a Rule to Show Cause shall be issued for 01/24/03, at 10:00 a.m. for MAR-ECO, INC. to show cause why sanctions, including entry of default judgment in this case, should not be imposed. (signed by Magistrate Judge Theresa C. Buchanan) Copies Mailed: yes [EOD Date: 1/9/03] (stas) Modified on 01/09/2003
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Blank 24 Filed: 1/8/2003, Entered: 1/9/2003 OrderCourt Filing
Rule 16(B) Scheduling Order - Pursuant to the Rule 16(B) Conference it is hereby ordered that: The HORTON TRUCK & EQUIPMENT CO.'s proposed Rule 16(b) Pretrial Conference Discovery Plan is approved and shall control discovery to the extent of its application unless modified by the Court. ALTHOUGH THIRD-PARTY DEFENDANT MAR-ECO, INC. DID NOT ATTEND THE CONFERENCE, DEFENDANT IS HEREBY NOTIFIED THAT DEFENDANT IS BOUND BY THE TERMS OF THIS ORDER, BY ALL OTHER ORDERS ENTERED BEFORE OR AFTER TODAY, BY THE LOCAL RULES OF THIS COURT, AND BY THE FEDERAL RULES OF CIVIL PROCEDURE. (see order for details) (signed by Magistrate Judge Theresa C. Buchanan) Copies Mailed: yes (stas)
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Blank -- Filed: 1/8/2003, Entered: 1/8/2003 Pretrial Conference - Initial
Initial pretrial conference held; MJ Buchanan; Appearances of counsel for deft. and pltf. Rule to show cause for 1/24/03 for deft. Mar-Eco, Inc. (3rd party). No other parties to join. ADR/Settlement - still early - no settlement at this time. Order to be entered. (stas) Modified on 01/08/2003
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Blank 23 Filed: 1/3/2003, Entered: 1/6/2003 Discovery - Miscellaneous
Proposed Rule 16(b) Pretrial Conference Discovery Plan by Horton Truck & Equip (stas)
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Blank 22 Filed: 12/20/2002, Entered: 12/20/2002 OrderCourt Filing
ORDER, granting application for Lawrence Ross Wieder to appear pro hac vice Filing Fee Paid $ 25.00 Receipt # 100 160322 (signed by Judge Leonie M. Brinkema) Copies Mailed: yes [EOD Date: 12/20/02] (stas)
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Blank 21 Filed: 12/20/2002, Entered: 12/20/2002 OrderCourt Filing
ORDER, granting application for Barbara Ann Darkes to appear pro hac vice Filing Fee Paid $ 25.00 Receipt # 100 160322 (signed by Judge Leonie M. Brinkema) Copies Mailed: yes [EOD Date: 12/20/02] (stas)
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Blank 20 Filed: 12/19/2002, Entered: 12/19/2002, Terminated: 6/6/2003 Answer
ANSWER by Mar-Eco, Inc (Attorney Chandra Dore Lantz) to [4-2] third-party complaint by Horton Truck & Equip (stas)
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Blank 19 Filed: 12/19/2002, Entered: 12/19/2002 OrderCourt Filing
ORDER that the [12-1] motion by Mar-Eco, Inc to Vacate and Set Aside the Entry of Default is GRANTED and Keystone's Answer and Affirmative Defenses is deemed timely filed this date. (See Order for Details) (signed by Magistrate Judge Barry R. Poretz) Copies Mailed: yes [EOD Date: 12/19/02] (stas)
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Blank 18 Filed: 12/19/2002, Entered: 12/19/2002 Memorandum and OpinionCourt Filing
MEMORANDUM OPINION - filed (signed by Magistrate Judge Barry R. Poretz) Copies Mailed: yes (stas)
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Blank 17 Filed: 12/19/2002, Entered: 12/19/2002 Miscellaneous DocumentCourt Filing
REPORT AND RECOMMENDATIONS of Magistrate Judge Barry R. Poretz Re: [8-1] motion by Horton Truck & Equip for Entry of Default Judgments against Rite, Inc, Mar-Eco, Inc ; Motion no longer referred Objections to R and R due by 1/6/03 Copies Mailed: yes (File sent to LMB) (stas)
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Blank 16 Filed: 12/9/2002, Entered: 12/13/2002 Affidavit
AFFIDAVIT of Donald Hill, General Manager of Mar-Eco, Inc Re: Service of Process on Mar-Eco, Inc. (stas)
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Blank 15 Filed: 12/6/2002, Entered: 12/6/2002 OrderCourt Filing
ORDER, Upon joint motion of the parties and for good cause shown, it is ORDERED the initial pretrial conference scheduled for 12/11/02 is continued to 01/08/03 at 10:20 a.m. All other provisions of the 11/14/02 Scheduling Order remain in effect. (signed by Magistrate Judge Welton C. Sewell) Copies Mailed: yes [EOD Date: 12/6/02] (stas)
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Blank -- Filed: 12/6/2002, Entered: 12/6/2002 Set/Reset Deadlines:
Deadline updated; reset Initial Pretrial Conference for 10:20 1/8/03 (stas)
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Blank -- Filed: 12/6/2002, Entered: 12/6/2002 Minutes-Miscellaneous
Minute entry: Magistrate Judge Poretz (FTR) Reporter: Casamo & Assoc. Appearances: Counsel for Pltf. & Deft. This matter came on for Deft's Motion for entry of default judgment against Rite, Inc., Mar-Eco, Inc. - Matter argued and taken under advisment. (jsch)
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Blank 14 Filed: 12/5/2002, Entered: 12/5/2002 Response
Response by Horton Truck & Equip to [12-1] motion by Mar-Eco, Inc to Vacate and Set aside the entry of default, [12-2] motion by Mar-Eco, Inc to enlarge time for deft. to file responsive pleadings (clar)
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Blank 13 Filed: 12/5/2002, Entered: 12/5/2002 Memorandum in Support
MEMORANDUM by Mar-Eco, Inc in support of [12-1] motion by Mar-Eco, Inc to Vacate and Set aside the entry of default, [12-2] motion by Mar-Eco, Inc to enlarge time for deft. to file responsive pleadings tog. w/Brief in opposition to third-party pltf's motion for entry of default judgment (clar)
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Blank 13 Filed: 12/5/2002, Entered: 12/5/2002, Terminated: 6/6/2003 Response in Opposition to Motion
RESPONSE by Mar-Eco, Inc in opposition to [9-1] motion by 3rd party pltf, Horton Truck & Equip for Entry of Default as to 3rd party defts', Rite, Inc, Mar-Eco, Inc., as to the 3rd Party Complaint and in support of deft's motion to set aside the entry of default and to enlarge the time in which to file responsive pleadings (clar)
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Blank 12 Filed: 12/5/2002, Entered: 12/5/2002, Terminated: 12/19/2002 Motion to Vacate
MOTION by Mar-Eco, Inc to Vacate and Set aside the entry of default , and by Mar-Eco, Inc to enlarge time for deft. to file responsive pleadings (clar)
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Blank 11 Filed: 11/29/2002, Entered: 11/29/2002 Clerks Entry of Default*
CLERK'S ENTRY OF DEFAULT as to 3dpty Defts' Rite, Inc, Mar-Eco, Inc; granting [9-1] motion by 3rd party pltf, Horton Truck & Equip for Entry of Default as to 3rd party defts', Rite, Inc, Mar-Eco, Inc., as to the 3rd Party Complaint (pmil)
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Blank 10 Filed: 11/27/2002, Entered: 11/29/2002 Affidavit
AFFIDAVIT by David T. Williams, counsel of record for Horton Truck & Equip Re: [9-1] motion by 3rd party pltf, Horton Truck & Equip for Entry of Default as to 3rd party defts', Rite, Inc, Mar-Eco, Inc., as to the 3rd Party Complaint by Horton Truck & Equip (pmil)
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Blank 9 Filed: 11/27/2002, Entered: 11/29/2002 Request for Entry of Default
MOTION by 3rd party pltf, Horton Truck & Equip for Entry of Default as to 3rd party defts', Rite, Inc, Mar-Eco, Inc., as to the 3rd Party Complaint (pmil)
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Blank 8 Filed: 11/22/2002, Entered: 11/25/2002 Motion for Default Judgment
MOTION by Horton Truck & Equip for Entry of Default Judgments against Rite, Inc, Mar-Eco, Inc together with Notice for 12/06/02 at 10:00 a.m. (stas)
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Blank 7 Filed: 11/22/2002, Entered: 11/25/2002 Summons Returned Executed
THIRD PARTY SUMMONS Returned Executed as to Rite, Inc 9/27/02 (Answer due 10/17/02 for Rite, Inc ) (stas)
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Blank -- Filed: 11/22/2002, Entered: 11/25/2002 Motion Hearing
Motion hearing [8-1] motion by Horton Truck & Equip for Entry of Default Judgments against Rite, Inc, Mar-Eco, Inc set at 10:00 12/6/02 (stas)
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Blank 6 Filed: 11/14/2002, Entered: 11/14/2002 OrderCourt Filing
ORDER setting Initial Pretrial Conference for 10:20 12/11/02 Discovery Deadline for 3/14/03 Final Pretrial Conference for 10:40 3/20/03 (see order for details) ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (stas)
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Blank 5 Filed: 10/9/2002, Entered: 11/14/2002 Certificate Of Service.
Certificate of Compliance of the Secretary of the Commonwealth as to Mar-Eco, Inc Answer due 10/29/02 for Mar-Eco, Inc (mcke)
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Blank -- Filed: 9/23/2002, Entered: 9/25/2002 Summons Issued
THIRD PARTY SUMMONS(ES) (orig & 1) issued and given to atty for service by SPS for Rite, Inc (clerk)
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Blank -- Filed: 9/23/2002, Entered: 9/25/2002 Summons Issued
THIRD PARTY SUMMONS(ES) (1) issued and given to atty for service by Secretary of the Commonwealth for Mar-Eco, Inc (clerk)
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Blank 4 Filed: 9/20/2002, Entered: 9/20/2002, Terminated: 6/6/2003 Answer
ANSWER to Complaint and THIRD-PTY CMP by Horton Truck & Equip (Attorney William Bruce Cummings), against Rite, Inc, Mar-Eco, Inc (clerk)
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Blank -- Filed: 9/20/2002, Entered: 9/20/2002 Docket Annotation
Will return with service for third party defts next week (clerk)
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Blank 3 Filed: 9/13/2002, Entered: 9/13/2002 OrderCourt Filing
Consent Order that the deadline for Horton Truck & Equipment Co. to file responsive pleadings in the above styled case is extended to and through 9/20/02 (See order for details)( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (clerk)
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Blank -- Filed: 9/13/2002, Entered: 9/13/2002 Set/Reset Deadlines:
Deadline updated; reset Answer deadline to 9/20/02 for Horton Truck & Equip (clerk)
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Blank 2 Filed: 9/4/2002, Entered: 9/10/2002 Summons Returned Executed
SUMMONS Returned Executed as to Horton Truck & Equip 8/22/02 Answer due on 9/11/02 for Horton Truck & Equip (clerk)
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Blank -- Filed: 8/15/2002, Entered: 8/16/2002 Summons Issued
SUMMONS(ES) (orig & 1) issued and mailed to atty for service by SPS for Horton Truck & Equip (clerk)
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Blank 1 Filed: 8/14/2002, Entered: 8/16/2002 Complaint
COMPLAINT Filing Fee $ 150.00 Receipt # 100 157243 (clerk)
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