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 126 |
Filed: 6/2/2005, Entered: 6/2/2005 |
USCA Judgment |
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USCA JUDGMENT (certified) as to [109] Notice of Appeal, filed by Prod-X Distributors, Inc.,, Nasir M. Khan, In accordance with the written opinion of this court filed this day, the court affirms the judgment of the district court. (nmck, )
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| 125 |
Filed: 5/11/2005, Entered: 5/11/2005, Terminated: 6/2/2005 |
USCA Mandate |
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Opinion of USCA (copy) decided 5/10/05 re [109] Notice of Appeal, affirmed, the attached copy of the judgment will not take effect until issuance of the mandate. (nmck, )
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| 124 |
Filed: 10/21/2004, Entered: 10/22/2004 |
USCA Mandate |
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Copy of Opinion of USCA re: [109-1] appeal by Nasir M. Khan, Prod-X Distributors Decided 10/20/04 Affirmed in part Stayed in part the District Court decision; attached copy of judgment will not take effect until issuance of the mandate (agil)
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| 123 |
Filed: 3/2/2004, Entered: 3/3/2004 |
Transcript |
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TRANSCRIPT for date of 11/25/03 Bench Trial (Continued) before Judge Ellis, 236 pages (tbul)
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| 122 |
Filed: 2/26/2004, Entered: 3/2/2004 |
Transcript |
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TRANSCRIPT for date of 2/22/03 Motions Hrg. (TRO) before Judge Ellis, 27 pages (tbul)
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| 121 |
Filed: 2/23/2004, Entered: 2/23/2004, Terminated: 6/2/2005 |
Certificate of Completion |
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Certification of completion sent to USCA re: [109-1] appeal by Nasir M. Khan, Prod-X Distributors (clerk)
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| 120 |
Filed: 2/2/2004, Entered: 2/3/2004 |
Order |
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ORDER granting [115-1] motion by Capitol Resource to Require Appellant to File a Bond or Provide Other Security to Ensure Payment of Costs on Appeal; ORDERED that appellants post a cost bond in the amount of $1500.00 with this court. *see order for details* ( signed by Judge T. S. Ellis III ) Copies Mailed: y [EOD Date: 2/3/04] (clerk)
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| -- |
Filed: 1/30/2004, Entered: 1/30/2004 |
Docket Annotation |
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Per TSE chambers motions set for 1/30/4 on papers (clar)
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| 119 |
Filed: 1/28/2004, Entered: 1/29/2004 |
Order |
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ORDER , for good cause and because the issues are adequately set forth in the pleadings, the [115-1] motion by Capitol Resource to Require Appellant to File a Bond or Provide Other Security to Payment of Costs on Appeal will be decided without oral argument, and further ORDERED that appellant's letter motion to be heard telephonically is DENIED ( signed by Judge T. S. Ellis III ) Mailed: yes + called Deft [EOD Date: 1/29/04] (tbul)
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| 118 |
Filed: 1/28/2004, Entered: 1/28/2004 |
Memorandum in Opposition |
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MEMORANDUM by Prod-X Distributors, Nasir M. Khan in opposition to [115-1] motion by Capitol Resource to Require Appellant to File a Bond or Provide Other Security to Ensure Payment of Costs on Appeal by Capitol Resource (clerk)
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| 117 |
Filed: 1/23/2004, Entered: 1/26/2004 |
Notice of Hearing. |
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NOTICE of Hearing: Motion Hearing Deadline before Judge T. S. Ellis III set for 10:00 1/30/04 for [115-1] motion by Capitol Resource to Require Appellant to File a Bond or Provide Other Security to Ensure Payment of Costs on Appeal (ltun)
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| 116 |
Filed: 1/23/2004, Entered: 1/26/2004 |
Memorandum in Support |
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MEMORANDUM by Capitol Resource in support of [115-1] motion by Capitol Resource to Require Appellant to File a Bond or Provide Other Security to Ensure Payment of Costs on Appeal (ltun)
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| 115 |
Filed: 1/23/2004, Entered: 1/26/2004, Terminated: 1/28/2004 |
Motion for Bond |
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MOTION by Capitol Resource to Require Appellant to File a Bond or Provide Other Security to Ensure Payment of Costs on Appeal (ltun)
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| 114 |
Filed: 1/16/2004, Entered: 1/22/2004 |
Order |
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ORDER, for good cause and for reasons stated from the Bench, GRANTING the [111-1] motion by Capitol Resource to permit registration of judgment pursuant to 28 U.S.C. 1963 in the D. Fla. and other judicial districts where assets are believed to be located ( signed by Judge T. S. Ellis III ) Copies Mailed: yes [EOD Date: 1/22/04] (tbul)
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| -- |
Filed: 1/16/2004, Entered: 1/22/2004 |
Minutes-Miscellaneous |
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Minute entry: Hrg. held before Judge Ellis (Rptr: Bobbi Elahi). Appearances: Seeger for Pltff, only. Deft's counsel rec'd. notice of this hrg. Mo. to permit registration of judgment pursuant to 28 U.S.C. 1963 is granted. Court will enter an order. (tbul)
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| -- |
Filed: 1/12/2004, Entered: 1/13/2004 |
USCA Case Number |
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USCA Case Number Re: [109-1] appeal by Nasir M. Khan, Prod-X Distributors CASE MANAGER: Sharon A. Wiley USCA NUMBER: 04-1034 (clerk)
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| 113 |
Filed: 1/7/2004, Entered: 1/8/2004 |
Notice of Hearing. |
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NOTICE of Hearing: Motion Hearing Deadline before Judge T. S. Ellis III set for 10:00 1/16/04 for [111-1] motion by Capitol Resource to permit registration of judgment pursuant to 28 U.S.C. 1963 (clar)
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| 112 |
Filed: 1/7/2004, Entered: 1/8/2004 |
Memorandum in Support |
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MEMORANDUM by Capitol Resource in support of [111-1] motion by Capitol Resource to permit registration of judgment pursuant to 28 U.S.C. 1963 (clar)
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| 111 |
Filed: 1/7/2004, Entered: 1/8/2004, Terminated: 1/16/2004 |
Motion for Miscellaneous Relief |
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MOTION by Capitol Resource to permit registration of judgment pursuant to 28 U.S.C. 1963 (clar)
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| 110 |
Filed: 12/24/2003, Entered: 12/29/2003 |
Order |
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Agreed Order Withdrawing atty Michael E. Barnsback as counsel of record for pltf and counterdeft ( signed by Judge T. S. Ellis III ) Copies Mailed: yes (clerk) Modified on 12/30/2003
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| 109 |
Filed: 12/23/2003, Entered: 12/29/2003 |
Notice of Appeal |
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NOTICE OF APPEAL OF [101-1] judgment order dated 11/26/03, [99-1] judgment order dated 11/26/03, [6-1] order dated 08/22/03 by Prod-X Distributors, Nasir M. Khan . FILING FEE $255 RECEIPT # 100168795; copy of notice of appeal, orders and docket sheet mailed to the USCA (clerk) Modified on 12/29/2003
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| 107 |
Filed: 12/22/2003, Entered: 12/22/2003 |
Transcript |
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TRANSCRIPT for dates of 11/25/03 filed, (TSE) (clerk)
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| 106 |
Filed: 12/22/2003, Entered: 12/22/2003 |
Transcript |
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TRANSCRIPT for dates of 11/26/03 filed, (TSE) (clerk)
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| 104 |
Filed: 12/22/2003, Entered: 12/22/2003 |
Transcript |
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TRANSCRIPT for dates of 11/19/03 filed, (TSE) (clerk)
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| 103 |
Filed: 12/22/2003, Entered: 12/22/2003 |
Transcript |
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TRANSCRIPT for dates of 11/20/03 filed, (TSE) (clerk)
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| 102 |
Filed: 12/22/2003, Entered: 12/22/2003 |
Transcript |
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TRANSCRIPT for dates of 11/18/03 Filed, (TSE) (clerk)
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| 100 |
Filed: 12/2/2003, Entered: 12/2/2003 |
Summons Returned Executed |
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Affidavit of service Returned Executed as to Capitol Resource 11/18/03 Answer due on 12/8/03 for Capitol Resource (clerk)
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| 101 |
Filed: 11/26/2003, Entered: 12/4/2003 |
Judgment* |
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JUDGMENT for Deft Capitol Resource Funding, Inc. and against Pltffs Prod-X Distributors, Inc., Nasir M. Khan a/k/a David Khan in connection with the complaint, which is dismissed; and judgment for Deft Capitol Resource Funding, Inc. and against Pltffs Prod-X Distributors, Nasir M. Khan a/k/a David Khan with respect to Count I of Deft's counterclaim (see this Judgment for details), and judgment is entered in favor of Deft Capitol Resource Funding, Inc. and against Pltffs Prod-X Distributors, Inc., Nasir M. Khan a/k/a David Khan with respect to Count II of Deft's counterclaim and Deft is accordingly awarded damages in the amount of $10,566,671.81, plus interest to accrue at the statutory rate (signed by Clerk of Court) Mailed: Yes [EOD DATE: 12/4/03] (tbul)
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| 99 |
Filed: 11/26/2003, Entered: 11/26/2003 |
Judgment* |
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JUDGMENT ORDER that Deft's oral motion at the conclusion of the trial to amend Count I of its counterclaim for a declaration that Pltffs committed a fraud in the performance of the May 14, 2003 Repayment Agreement is hereby GRANTED, and JUDGMENT is hereby ENTERED in favor of the Deft, Capitol Resource Funding, Inc. and against Plaintiffs Prod-X Distributors, Nasir M. Khan, Nasir M. Khan in connection with Pltffs' complaint and Pltffs' complaint is therefore DISMISSED WITH PREJUDICE. Further ORDERED that JUDGMENT is hereby ENTERED in favor of Deft and against Pltffs with respect to Count I of Deft's counterclaim (See Judgment Order for details). Further ORDERED that JUDGMENT is hereby ENTERED in favor of Deft and against Pltffs with respect to Count II of Deft's counterclaim and Deft is accordingly AWARDED damages in the amount of $10,566,671.81, plus interest to accrue at the statutory rate. Further ORDERED that the Clerk is DIRECTED to enter judgment pursuant to Rule 58, Fed. R. Civ. P., and to place this matter among the ended causes ( signed by Judge T. S. Ellis III ) Copies Mailed: Yes [EOD DATE: 11/26/03] (tbul)
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| -- |
Filed: 11/26/2003, Entered: 12/4/2003 |
Terminated Case |
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Case closed (tbul)
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| -- |
Filed: 11/26/2003, Entered: 12/4/2003 |
Bench Trial - Held |
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Bench trial held Day 5 before Judge Ellis (Rptr:Rodriquez). Appearances: Counsel for Pltff and Deft. Exh. 111 issues heard. Court's findings stated - judgment for Deft. Order to follow. (tbul)
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| 96 |
Filed: 11/25/2003, Entered: 11/25/2003 |
Memorandum in Opposition |
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OPPOSITION by Prod-X Distributors, Nasir M. Khan to deft's list of questions deemed admitted (mcke)
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| -- |
Filed: 11/25/2003, Entered: 12/4/2003 |
Bench Trial - Held |
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Bench trial held Day 4 before Judge Ellis (Rptr:Rodriquez). Appearances: Same as Days 1-3. Deft adduced evidence and rested. Counsel to appear 11/26/03 @ 2:00 for final evidence issues and bench ruling. (tbul)
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| 98 |
Filed: 11/24/2003, Entered: 11/25/2003 |
Motion for Miscellaneous Relief |
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MOTION by Capitol Resource to Permit Presentation of Testimony of Representative From the F. Dohmen Co. In Open Court by Contemporaneous Transmission From a Different Location (pmil)
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| 97 |
Filed: 11/24/2003, Entered: 11/25/2003 |
Order |
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ORDER, upon the Pltffs' [0-0] oral motion to bifurcate the issue of damages and liability in Pltff's complaint, and Deft consenting thereto, and for good cause, those issues are BIFURCATED, and the issue of damages is postponed until disposition of the merits of this case ( signed by Judge T. S. Ellis III ) Copies Mailed: By Hand [EOD Date: 11/25/03] (tbul)
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| -- |
Filed: 11/24/2003, Entered: 11/25/2003 |
Miscellaneous Document |
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ORAL MOTION in open court by Prod-X Distributors and consented to by defendant, to bifurcate the issue of damages and liability in Pltff's complaint (tbul)
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| 95 |
Filed: 11/20/2003, Entered: 11/20/2003 |
Remark |
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List of Questions deemed admitted pursuant to Judge Jones' 11/14/03 order sanctioning pltfs for improperly instructing deponents not to answer questions during depositions filed by defendant Capitol Resource (kjon)
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| -- |
Filed: 11/20/2003, Entered: 11/25/2003 |
Bench Trial - Held |
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Bench trial held Day 3 (Rptr: Rodriquez). Appearances: Same as Days 1,2. Deft adduced evidence. Trial to resume 1/25/03 9:00. (tbul) Modified on 11/26/2003
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| 92 |
Filed: 11/19/2003, Entered: 11/19/2003 |
Discovery - Miscellaneous |
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Supplemental Designation of deposition testimony to be offered at trial filed by Capitol Resource (kjon)
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| -- |
Filed: 11/19/2003, Entered: 11/25/2003 |
Bench Trial - Held |
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Bench trial held before Judge Ellis (Day 2) (Rptr: Rodriquez). Appearances: Same as Day 1. Pltff cont'd. to adduce evidence and rested. Exh. 90 issue heard. Trial to resume 1:00 on 1/20/03. (tbul)
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| 105 |
Filed: 11/18/2003, Entered: 12/22/2003 |
Deposition |
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DEPOSITION of Frank Lucchese (clerk)
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| 94 |
Filed: 11/18/2003, Entered: 11/20/2003 |
Objection |
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OBJECTION by plaintiff Prod-X Distributors, plaintiff Nasir M. Khan to [92-1] deposition designation by Capitol Resource (clerk)
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| 93 |
Filed: 11/18/2003, Entered: 11/20/2003 |
Discovery - Miscellaneous |
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Counter-Designations of deposition testimony filed by Prod-X Distributors, Nasir M. Khan (clerk)
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| 90 |
Filed: 11/18/2003, Entered: 11/18/2003 |
Objection |
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OBJECTION by plaintiff Prod-X Distributors, plaintiff Nasir M. Khan to Defendant's proposed exhibits (ltun)
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| 89 |
Filed: 11/18/2003, Entered: 11/18/2003 |
Witness List |
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Witness list by Prod-X Distributors, Nasir M. Khan (ltun)
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| 89 |
Filed: 11/18/2003, Entered: 11/18/2003 |
Exhibit |
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Exhibit list by Prod-X Distributors, Nasir M. Khan (ltun)
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| -- |
Filed: 11/18/2003, Entered: 11/25/2003 |
Bench Trial - Held |
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Bench trial held before Judge Ellis (Rptr: Rodriquez). Appearances: Barnsback, Behren (pro hac), and Moscowitz (pro hac) for Pltffs; Seeger, Quagliano and Zisa for Deft. Opening statements made. Pltffs adduced evidence. Trial to reconven 10:00 11/19/03. (tbul)
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| -- |
Filed: 11/18/2003, Entered: 11/18/2003 |
Exhibit |
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Exhibits received by Prod-X Distributors, Nasir M. Khan in three black binders (ltun)
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| 88 |
Filed: 11/17/2003, Entered: 11/17/2003 |
Memorandum in Opposition |
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FINDINGS of fact and conclusions of law by Prod-X Distributors, Nasir M. Khan in opposition to [38-1] counter claim by Capitol Resource (mcke)
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| 87 |
Filed: 11/17/2003, Entered: 11/17/2003 |
Memorandum in Support |
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MEMORANDUM by Capitol Resource in support of [86-1] motion by Capitol Resource for Summary Judgment (clerk)
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| 86 |
Filed: 11/17/2003, Entered: 11/17/2003, Terminated: 11/26/2003 |
Motion for Summary Judgment |
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MOTION by Capitol Resource for Summary Judgment (clerk)
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| 85 |
Filed: 11/17/2003, Entered: 11/17/2003 |
Trial Brief |
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PRETRIAL BRIEF by Capitol Resource (clerk)
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| 84 |
Filed: 11/17/2003, Entered: 11/17/2003 |
Discovery - Miscellaneous |
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Designation of Deposition Testimony to be Offered at Trial filed by Capitol Resource (clerk)
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Filed: 11/17/2003, Entered: 11/17/2003 |
Exhibit |
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Exhibits received by Capitol Resource in two black binders (two sets); DVD included in exhibits (clerk)
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| 91 |
Filed: 11/14/2003, Entered: 11/19/2003 |
Order |
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ORDER, for reasons stated from the benchh and for good cause, GRANTING the [56-1] motion by Capitol Resource in limine to exclude pltfs' expert's report and testimony at trial, and ORDERING that the [56-2] motion by Capitol Resource in limine to preclude pltfs' use of documents not produced prior to close of discovery is DEFERRED until trial (signed by Judge T. S. Ellis III) Mailed: epn [EOD Date: 11/19/03] (tbul)
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| 83 |
Filed: 11/14/2003, Entered: 11/17/2003 |
Motion to Quash |
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MOTION by Nasir M. Khan, Prod-X Distributors to Quash a subpoena served upon South Florida Commerical Investments (kjon)
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| 82 |
Filed: 11/14/2003, Entered: 11/14/2003 |
Order |
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ORDERED, granting [65-1] motion by Capitol Resource for Sanction pltfs for improperly instructing deponents not to answer questions during depositions . The answeres to the deposition questins in issue shall be taken as admitted. Plt. has leave to seek modification of this order if the trial date is continued ( signed by Magistrate Judge Thomas R. Jones Jr. ) Copies Mailed: y [EOD Date: 11/14/03] (dana)
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Filed: 11/14/2003, Entered: 11/19/2003 |
Minutes-Miscellaneous |
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Minute entry: Hrg. held before Judge Ellis (Rptr: Rodriquez) Appearances: Counsel for Pltffs and Deft. Deft's mo. in limine to exclude Pltff's expert's report and testimony @ trial heard, findings stated, and granted. Trial may begin @ 2:00 instead of 10:00, as the Court is in another trial that may not be completed. (tbul)
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Filed: 11/14/2003, Entered: 11/14/2003 |
Minutes-Miscellaneous |
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Minute entry: Mag. Judge Jones. RPt. Rudiger and Green. FTR. Appearance of counsel. Matter called, argued and Khan's motion to Quash documents- taken under advisement and counsel to contact chambers on 11/17/03 and the motin for sanctins (65) is Granted. Order to be entered. (dana)
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| 81 |
Filed: 11/13/2003, Entered: 11/13/2003 |
Response/Reply - Miscellaneous |
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REPLY MEMORANDUM in support by Capitol Resource of [56-1] motion by Capitol Resource in limine to exclude pltfs' expert's report and testimony at trial, [56-2] motion by Capitol Resource in limine to preclude pltfs' use of documents not produced prior to close of discovery (clar)
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| 80 |
Filed: 11/13/2003, Entered: 11/13/2003, Terminated: 11/26/2003 |
Motion for Protective Order |
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Request by Capitol Resource for Protective Order tog. w/Reply to pltfs' memorandum in opposition to deft's motion to sanction pltf for improperly instructing deponents not to answer questions during depositions (clar)
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| 80 |
Filed: 11/13/2003, Entered: 11/13/2003 |
Reply to Response to Motion |
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REPLY by Capitol Resource to response to [65-1] motion by Capitol Resource for Sanction pltfs for improperly instructing deponents not to answer questions during depositions tog. w/Request for a protective order (clar)
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| 76 |
Filed: 11/12/2003, Entered: 11/12/2003 |
Memorandum in Opposition |
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MEMORANDUM by Prod-X Distributors, Nasir M. Khan in opposition to [56-1] motion by Capitol Resource in limine to exclude pltfs' expert's report and testimony at trial, [56-2] motion by Capitol Resource in limine to preclude pltfs' use of documents not produced prior to close of discovery (clar)
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| 75 |
Filed: 11/12/2003, Entered: 11/12/2003, Terminated: 11/26/2003 |
Motion for Protective Order |
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MOTION by Nasir M. Khan, Prod-X Distributors for Protective Order tog. w/Memorandum in opposition to deft's motion to sanction pltfs for improperly instruction deponents not to answer questions during depositions (large pleading) (clar)
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| 75 |
Filed: 11/12/2003, Entered: 11/12/2003 |
Memorandum in Opposition |
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MEMORANDUM by Prod-X Distributors, Nasir M. Khan in opposition to [65-1] motion by Capitol Resource for Sanction pltfs for improperly instructing deponents not to answer questions during depositions tog. w/Request for entry of a protective order (large pleading) (clar)
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| 74 |
Filed: 11/12/2003, Entered: 11/12/2003 |
Affidavit |
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AFFIDAVIT of Nasir M. Khan a/k/a David Khan in opposition to [51-1] motion by Capitol Resource to Dismiss plaintiffs' complaint as sanction for spoliation of evidence (clar)
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| 79 |
Filed: 11/10/2003, Entered: 11/13/2003 |
Proposed Findings of Fact |
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PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW by Prod-X Distributors, Nasir M. Khan (kjon)
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| 78 |
Filed: 11/10/2003, Entered: 11/13/2003 |
Proposed Findings of Fact |
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PROPOSED CONCLUSIONS OF LAW by Capitol Resource (kjon)
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| 77 |
Filed: 11/10/2003, Entered: 11/13/2003 |
Proposed Findings of Fact |
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PROPOSED FINDINGS OF FACT by Capitol Resource (kjon)
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| 72 |
Filed: 11/10/2003, Entered: 11/12/2003 |
Order |
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ORDER granting [42-1] motion by Capitol Resource for extension of discovery deadline; that Capitol cannot initiate any new discovery under this Order ( signed by Judge T. S. Ellis III ) Copies Mailed: yes [EOD Date: 11/12/03] (clerk)
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| 73 |
Filed: 11/7/2003, Entered: 11/12/2003 |
Order |
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ORDER, for reasons stated from the Bench and for good cause, DEFERRING the [51-1] motion by Capitol Resource t Dismiss plaintiffs' complaint as sanction for spoliation of evidence until the trial of the merits of this case, to be resoved then, and DENYING the [49-1] motion by Capitol Resource to permit presentation of Steven Foster's testimony in open court by contemporaneous video transmission from a different location; further ORDERING that the bench trial is POSTPONED from 11/12/03 to 10:00 11/18/03 ( signed by Judge T. S. Ellis III ) [EOD Date: 11/12/03] (tbul)
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| 71 |
Filed: 11/7/2003, Entered: 11/10/2003 |
Notice of Hearing. |
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Amended NOTICE of Hearing: Motion Hearing Deadline before Judge Unassigned set for 10:00 11/14/03 for [65-1] motion by Capitol Resource for Sanction pltfs for improperly instructing deponents not to answer questions during depositions (clar)
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| 70 |
Filed: 11/7/2003, Entered: 11/10/2003 |
Notice of Hearing. |
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Amended NOTICE of Hearing: Motion Hearing Deadline before Judge T. S. Ellis III set for 10:00 11/14/03 for [56-1] motion by Capitol Resource in limine to exclude pltfs' expert's report and testimony at trial, set for 10:00 11/14/03 for [56-2] motion by Capitol Resource in limine to preclude pltfs' use of documents not produced prior to close of discovery (clar)
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| 69 |
Filed: 11/7/2003, Entered: 11/10/2003 |
Notice of Hearing. |
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NOTICE of Hearing: Motion Hearing Deadline before Judge Unassigned set for 10:00 11/14/03 for [62-1] motion by Nasir M. Khan, Prod-X Distributors to Quash documents subpoenas, set for 10:00 11/14/03 for [62-2] motion by Nasir M. Khan, Prod-X Distributors for Protective Order preventing the production of the documents CRF seeks to produce (clar)
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| 68 |
Filed: 11/7/2003, Entered: 11/7/2003 |
Order |
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ORDER, filed in open Court, for Michael Charles Zisa to appear pro hac vice (Quagliano & Seeger, P.C., 2620 P Street, NW, Washington, DC 20007; 202-298-6689) Filing Fee Paid $ 50 Receipt # 100 167722 ( signed by Judge T. S. Ellis III ) Copies Mailed: Yes [EOD Date: 11/7/03] (tbul)
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| -- |
Filed: 11/7/2003, Entered: 11/7/2003 |
Set/Reset Deadlines: |
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Deadline updated; Motion Hearing Deadline before Judge T. S. Ellis III set for 10:00 11/18/03 for [51-1] motion by Capitol Resource to Dismiss plaintiffs' complaint as sanction for spoliation of evidence (tbul)
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| -- |
Filed: 11/7/2003, Entered: 11/7/2003 |
Set/Reset Deadlines: |
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Deadline updated; re-set Bench Trial for 10:00 11/18/03 before Judge T. S. Ellis III (tbul)
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| -- |
Filed: 11/7/2003, Entered: 11/7/2003 |
Minutes-Miscellaneous |
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Minute entry: Hrg. held before Judge Ellis (Rptr: Rodriquez) Appearances: Dimuro for Pltff; Seegar and Morton Ziza, pro hac granted. Court deferred Deft's motion to dismiss, and will hear it at the same time as the expedited hearing on the merits that is sched. as a bench trial on 11/12/03 - this will be heard on 11/18/03, as the Court is in the middle of a criminal trial. Order to follow. (tbul)
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| 67 |
Filed: 11/6/2003, Entered: 11/7/2003 |
Notice of Hearing. |
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NOTICE of Hearing: Motion Hearing Deadline before Judge Unassigned set for 10:00 11/7/03 for [65-1] motion by Capitol Resource for Sanction pltfs for improperly instructing deponents not to answer questions during depositions (atty to re-ntc) (clar)
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| 66 |
Filed: 11/6/2003, Entered: 11/7/2003 |
Memorandum in Support |
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MEMORANDUM by Capitol Resource in support of [65-1] motion by Capitol Resource for Sanction pltfs for improperly instructing deponents not to answer questions during depositions (large pleading) (clar)
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| 65 |
Filed: 11/6/2003, Entered: 11/7/2003, Terminated: 11/14/2003 |
Motion for Sanctions |
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MOTION by Capitol Resource for Sanction pltfs for improperly instructing deponents not to answer questions during depositions (clar)
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| 64 |
Filed: 11/6/2003, Entered: 11/7/2003 |
Order |
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ORDER, that the scheduling order inadvertently issued in this matter on November 2, 2003 Vacating [55-1] pre-trial order of 11/2/03 ( signed by Judge T. S. Ellis III ) Copies Mailed: yes [EOD Date: 11/7/03] (mcke)
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| 63 |
Filed: 11/6/2003, Entered: 11/6/2003 |
Response/Reply - Miscellaneous |
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REPLY MEMORANDUM in support by Capitol Resource of [51-1] motion by Capitol Resource to Dismiss plaintiffs' complaint as sanction for spoliation of evidence tog. w/DVD (large pleading) (clar)
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| 62 |
Filed: 11/6/2003, Entered: 11/6/2003, Terminated: 11/26/2003 |
Motion to Quash |
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MOTION by Nasir M. Khan, Prod-X Distributors to Quash documents subpoenas , and by Nasir M. Khan, Prod-X Distributors for Protective Order preventing the production of the documents CRF seeks to produce (kjon)
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| 61 |
Filed: 11/6/2003, Entered: 11/6/2003 |
Response |
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Response by Prod-X Distributors, Nasir M. Khan to [49-1] motion by Capitol Resource to permit presentatin of Steven Foster's testimony in open court by contemporaneous video transmission from a different location (clar)
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| 60 |
Filed: 11/6/2003, Entered: 11/6/2003 |
Response |
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Response by Prod-X Distributors, Nasir M. Khan to [51-1] motion by Capitol Resource to Dismiss plaintiffs' complaint as sanction for spoliation of evidence (clar)
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| 59 |
Filed: 11/6/2003, Entered: 11/6/2003 |
Objection |
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OBJECTION by plaintiff Prod-X Distributors, plaintiff Nasir M. Khan to [58-2] notice hearing on motion in limine (clar)
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| 58 |
Filed: 11/5/2003, Entered: 11/5/2003 |
Notice of Hearing. |
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NOTICE of Hearing: Motion Hearing Deadline set for 10:00 11/7/03 for [56-1] motion by Capitol Resource in limine to exclude pltfs' expert's report and testimony at trial, set for 10:00 11/7/03 for [56-2] motion by Capitol Resource in limine to preclude pltfs' use of documents not produced prior to close of discovery (stas)
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| 57 |
Filed: 11/5/2003, Entered: 11/5/2003 |
Memorandum in Support |
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MEMORANDUM by Capitol Resource in support of [56-1] motion by Capitol Resource in limine to exclude pltfs' expert's report and testimony at trial and [56-2] motion by Capitol Resource in limine to preclude pltfs' use of documents not produced prior to close of discovery (LARGE PLEADING) (stas)
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| 56 |
Filed: 11/5/2003, Entered: 11/5/2003, Terminated: 11/14/2003 |
Motion in Limine |
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MOTION by Capitol Resource in limine to exclude pltfs' expert's report and testimony at trial , and by Capitol Resource in limine to preclude pltfs' use of documents not produced prior to close of discovery (stas)
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| 55 |
Filed: 11/2/2003, Entered: 11/3/2003 |
Order |
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ORDER setting Initial Pretrial Conference for 12:30 11/12/03 Discovery Deadline for 2/13/04 Final Pretrial Conference for 11:30 2/19/04 (see order for details) ( signed by Judge T. S. Ellis III ) Copies Mailed: Yes (kjon)
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| 54 |
Filed: 11/2/2003, Entered: 11/3/2003 |
Order |
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ORDER, for Scott M. Behren to appear pro hac vice Filing Fee Paid $ 50.00 Receipt # 100 167413 ( signed by Judge T. S. Ellis III ) Copies Mailed: Yes [EOD Date: 11/3/03] (kjon)
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| 53 |
Filed: 11/2/2003, Entered: 11/3/2003 |
Order |
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ORDER, for Grover M. Moscowitz to appear pro hac vice Filing Fee Paid $ 50.00 Receipt # 100 167413 ( signed by Judge T. S. Ellis III ) Copies Mailed: Yes [EOD Date: 11/3/03] (kjon)
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| 52 |
Filed: 10/31/2003, Entered: 11/3/2003 |
Notice of Hearing. |
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NOTICE of Hearing: Motion Hearing Deadline before Judge T. S. Ellis III set for 10:00 11/7/03 for [51-1] motion by Capitol Resource to Dismiss plaintiffs' complaint as sanction for spoliation of evidence (clar)
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| 51 |
Filed: 10/31/2003, Entered: 11/3/2003, Terminated: 11/7/2003 |
Motion to Dismiss |
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MOTION by Capitol Resource to Dismiss plaintiffs' complaint as sanction for spoliation of evidence (clar)
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| 50 |
Filed: 10/31/2003, Entered: 11/3/2003 |
Notice of Hearing. |
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NOTICE of Hearing: Motion Hearing Deadline before Judge T. S. Ellis III set for 10:00 11/7/03 for [49-1] motion by Capitol Resource to permit presentatin of Steven Foster's testimony in open court by contemporaneous video transmission from a different location (clar)
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| 49 |
Filed: 10/31/2003, Entered: 11/3/2003 |
Motion for Miscellaneous Relief |
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MOTION by Capitol Resource to permit presentatin of Steven Foster's testimony in open court by contemporaneous video transmission from a different location (clar)
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| -- |
Filed: 10/31/2003, Entered: 11/3/2003 |
Minutes-Miscellaneous |
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Minute entry: Magistrate Judge Poretz (FTR) Reporter: Rudiger & Green. Appearances: Counsel for Pltf. & Deft. This matter came on for Deft's. Motion for extention of discovery deadline - Matter uncontested and Granted. Counsel are to submit a proposed order by 11/5/03. (jsch)
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| 48 |
Filed: 10/29/2003, Entered: 10/29/2003 |
Miscellaneous Document |
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Reply by Prod-X Distributors, Nasir M. Khan to [42-1] motion by Capitol Resource for extension of discovery deadline (clar)
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| 45 |
Filed: 10/27/2003, Entered: 10/28/2003 |
Order |
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for the reasons stated from the bench, and in accord with specifici rulings thereto, it is ORDER-ORDER granting in part, denying in part [30-2] motion by Capitol Resource to Modify document subpoenas to prevent the disclosure of priviledged communications, granting [21-1] motion by Capitol Resource to Quash document subpoenas ( signed by Magistrate Judge Liam O'Grady ) Finally, it is also ORDERED that Defent's Motion to take additional Depositions is GRANTED. Copies Mailed: y [EOD Date: 10/28/03] (nbla)
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| 44 |
Filed: 10/27/2003, Entered: 10/28/2003 |
Answer to Counterclaim |
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ANSWER by Prod-X Distributors, Nasir M. Khan to [38-1] Counter Claim by Capitol Resource (clerk)
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| 43 |
Filed: 10/24/2003, Entered: 10/27/2003 |
Notice of Hearing. |
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NOTICE of Hearing: Motion Hearing Deadline before Judge Unassigned set for 10:00 10/31/03 for [42-1] motion by Capitol Resource for extension of discovery deadline (clar)
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| 42 |
Filed: 10/24/2003, Entered: 10/27/2003, Terminated: 11/10/2003 |
Motion for Extension |
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MOTION by Capitol Resource for extension of discovery deadline (clar)
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| -- |
Filed: 10/24/2003, Entered: 10/28/2003 |
Minutes-Miscellaneous |
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Minute entry: Judge O'Grady. Reporter; Casamo and Assoc. Appearances; of counsel. Matter acme on as Deft's motion to quash-argued and granted in part-denied in part. Deft's motion to take additional depositions is argued and GRANTED. ORDER TO FOLLOW. (nbla) Modified on 10/28/2003
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| 39 |
Filed: 10/22/2003, Entered: 10/23/2003 |
Notice |
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AMENDED NOTICE by Prod-X Distributors, Nasir M. Khan to take Deposition of DASNET Systems, Inc. and Rocco Schettini (clerk)
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| 47 |
Filed: 10/21/2003, Entered: 10/28/2003 |
Objection |
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OPPOSITION by plaintiff Prod-X Distributors, plaintiff Nasir M. Khan to Pltfs' Request to Compel Discovery (clerk)
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| 46 |
Filed: 10/21/2003, Entered: 10/28/2003 |
Memorandum in Support |
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MEMORANDUM in support of Pltfs' Motion to Compel Discovery (clerk)
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| 41 |
Filed: 10/21/2003, Entered: 10/23/2003 |
Order |
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ORDER, for reasons stated from the bench, GRANTING IN PART and DENYING IN PART the [19-1] motion by Nasir M. Khan, Prod-X Distributors to Strike privilege objections. It is GRANTED insofar as Deft is required to produce documents (see Order for details) from Rocco N. Schettini; and it is DENIED with respect to documents from defense counsel to Mr. Schettini. Further ORDERED that documents must be produced as promptly as possible and well in advance of the 10/24/03 deposition ( signed by Judge T. S. Ellis III ) Copies Mailed: epn [EOD Date: 10/23/03] (tbul)
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| 40 |
Filed: 10/17/2003, Entered: 10/23/2003 |
Order |
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ORDER, for reasons stated from the bench, CONTINUING this matter until 5:30 p.m. Tuesday, 10/21/03 ( signed by Judge T. S. Ellis III ) Copies Mailed: epn [EOD Date: 10/23/03] (tbul)
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| 38 |
Filed: 10/17/2003, Entered: 10/20/2003 |
Counterclaim |
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COUNTERCLAIM by defendant Capitol Resource against plaintiff Prod-X Distributors, plaintiff Nasir M. Khan (clerk)
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| 37 |
Filed: 10/17/2003, Entered: 10/20/2003 |
Order |
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ORDER GRANTING [14-1] Motion by Capitol Resource for Leave to File Counterclaim; deft is directed to file its counterclaim today; pltf shall respond by 10/27/03; any additional discovery requests necessitated by the counterclaim shall be served by 10/19/03 and responded to by 10/26/03 ( signed by Magistrate Judge Liam O'Grady ) Copies Mailed: yes [EOD Date: 10/20/03] (clerk)
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| 36 |
Filed: 10/17/2003, Entered: 10/20/2003 |
Notice of Hearing. |
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NOTICE of Hearing: Motion Hearing Deadline set for 10:00 10/24/03 for [19-1] Motion by Nasir M. Khan, Prod-X Distributors to Strike privilege objections (clerk)
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| 35 |
Filed: 10/17/2003, Entered: 10/20/2003 |
Memorandum in Support |
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MEMORANDUM by Prod-X Distributors, Nasir M. Khan in Support of [34-1] Motion by Nasir M. Khan, Prod-X Distributors for Protective Order Limiting the Number of Non-Party Depositions (clerk)
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| 35 |
Filed: 10/17/2003, Entered: 10/20/2003 |
Memorandum in Opposition |
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MEMORANDUM by Prod-X Distributors, Nasir M. Khan in Opposition to [23-1] Motion by Capitol Resource to take additional depositions (clerk) Modified on 10/20/2003
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| 34 |
Filed: 10/17/2003, Entered: 10/20/2003 |
Motion for Protective Order |
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MOTION by Nasir M. Khan, Prod-X Distributors for Protective Order Limiting the Number of Non-Party Depositions (clerk)
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| 32 |
Filed: 10/17/2003, Entered: 10/20/2003 |
Notice of Hearing. |
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Amended NOTICE of Hearing: Motion Hearing Deadline before Judge Unassigned set for 10:00 10/24/03 for [23-1] motion by Capitol Resource for to take additional depositions (clar)
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| 31 |
Filed: 10/17/2003, Entered: 10/20/2003 |
Notice of Hearing. |
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NOTICE of Hearing: Motion Hearing Deadline before Judge Unassigned set for 10:00 10/24/03 for [30-1] motion by Capitol Resource to Quash, set for 10:00 10/24/03 for [30-2] motion by Capitol Resource to Modify document subpoenas to prevent the disclosure of priviledged communications (clar)
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| 30 |
Filed: 10/17/2003, Entered: 10/20/2003 |
Motion to Quash |
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MOTION by Capitol Resource to Quash , or by Capitol Resource to Modify document subpoenas to prevent the disclosure of priviledged communications (clar)
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| -- |
Filed: 10/17/2003, Entered: 10/21/2003 |
Set/Reset Deadlines: |
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Deadline updated; Motion Hearing Deadline before Judge T. S. Ellis III set for 5:30 10/21/03 for [19-1] motion by Nasir M. Khan, Prod-X Distributors to Strike privilege objections (tbul)
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| -- |
Filed: 10/17/2003, Entered: 10/21/2003 |
Minutes-Miscellaneous |
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Minute entry: Hrg. held before Judge Ellis (Rptr: Kitty Elias). Appearances: Barnback for Pltff; Seeger for Deft. Court will hear this matter @ 5:30 on Tuesday. (tbul)
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| -- |
Filed: 10/17/2003, Entered: 10/17/2003 |
Set/Reset Deadlines: |
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Deadline updated; Motion Hearing Deadline before Judge T. S. Ellis III set for 5:30 10/21/03 for [19-1] motion by Nasir M. Khan, Prod-X Distributors to Strike privilege objections (Hrg. Part II) (tbul)
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| -- |
Filed: 10/17/2003, Entered: 10/17/2003 |
Minutes-Miscellaneous |
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Minute entry: Hrg. held before Judge Ellis (Rptr: Kitty Elias). Appearances: Barnsback for Pltff; Seeger for Deft. Motion to strike priv. obj. heard in part. Court set a hrg. for 5:30 10/21/03, at which time it will review the documents. (tbul)
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| -- |
Filed: 10/17/2003, Entered: 10/17/2003 |
Minutes-Miscellaneous |
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Minute entry: Judge O'Grady. Reporter; Rudiger and Green. Appearances; of counsel. Matter came on as Deft's motion for leave to file counterclaim-Matter is argued and GRANTED. Order to follow. (nbla)
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| 33 |
Filed: 10/15/2003, Entered: 10/20/2003 |
Notice |
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NOTICE by Prod-X Distributors, Nasir M. Khan to take depositions of Michael Apelian, Rocco Schettini, DASNET Systems, Inc. (clerk)
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| 28 |
Filed: 10/15/2003, Entered: 10/16/2003 |
Miscellaneous Document |
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Reply by Prod-X Distributors, Nasir M. Khan to [21-1] motion by Capitol Resource to Quash document subpoenas (clar)
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| 25 |
Filed: 10/15/2003, Entered: 10/15/2003 |
Response/Reply - Miscellaneous |
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REPLY MEMORANDUM in support by Capitol Resource of [14-1] motion by Capitol Resource for Leave to File Counterclaim (clar)
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| 29 |
Filed: 10/14/2003, Entered: 10/20/2003 |
Notice |
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NOTICE by Prod-X Distributors, Nasir M. Khan to take deposition of Frank Lucchese (clerk)
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| 24 |
Filed: 10/14/2003, Entered: 10/15/2003 |
Notice of Hearing. |
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NOTICE of Hearing: Motion Hearing Deadline before Judge Unassigned set for 10:00 10/17/03 for [23-1] motion by Capitol Resource for to take additional depositions (atty to re-ntc filed untimely) (clar)
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| 23 |
Filed: 10/14/2003, Entered: 10/15/2003 |
Motion for Miscellaneous Relief |
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MOTION by Capitol Resource for to take additional depositions (clar)
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| 22 |
Filed: 10/14/2003, Entered: 10/15/2003 |
Notice of Hearing. |
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NOTICE of Hearing: Motion Hearing Deadline before Judge Unassigned set for 10:00 10/17/03 for [21-1] motion by Capitol Resource to Quash document subpoenas, set for 10:00 10/17/03 for [21-2] motion by Capitol Resource for Protective Order (atty to re-ntc filed untimely) (clar)
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| 21 |
Filed: 10/14/2003, Entered: 10/15/2003 |
Motion to Quash |
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MOTION by Capitol Resource to Quash document subpoenas , and by Capitol Resource for Protective Order (clar)
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| 27 |
Filed: 10/10/2003, Entered: 10/15/2003 |
Notice |
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NOTICE by Prod-X Distributors, Nasir M. Khan to take Deposition of Julie De Yoe (clerk)
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| 26 |
Filed: 10/10/2003, Entered: 10/15/2003 |
Notice |
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NOTICE by Prod-X Distributors, Nasir M. Khan to take Deposition of John Malherek (clerk)
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| 20 |
Filed: 10/10/2003, Entered: 10/14/2003 |
Notice of Hearing. |
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NOTICE of Hearing: Motion Hearing Deadline before Judge T. S. Ellis III set for 10:00 10/17/03 for [19-1] motion by Nasir M. Khan, Prod-X Distributors to Strike privilege objections (clar)
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| 19 |
Filed: 10/10/2003, Entered: 10/14/2003, Terminated: 10/21/2003 |
Motion to Strike |
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MOTION by Nasir M. Khan, Prod-X Distributors to Strike privilege objections (clar)
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| 18 |
Filed: 10/10/2003, Entered: 10/14/2003 |
Notice of Hearing. |
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Re-NOTICE of Hearing: Motion Hearing Deadline before Judge Unassigned set for 10:00 10/17/03 for [14-1] motion by Capitol Resource for Leave to File Counterclaim (clar)
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| 17 |
Filed: 10/8/2003, Entered: 10/9/2003 |
Memorandum in Opposition |
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OPPOSITION to [14-1] motion by Capitol Resource for Leave to File Counterclaim (jsol)
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| 16 |
Filed: 10/7/2003, Entered: 10/8/2003 |
Notice |
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NOTICE OF RULE 30(b)(6) DEPOSITION by Prod-X Distributors, Nasir M. Khan to take deposition of the corporate representative(s) of deft Capitol Resource Funding, Inc. (clerk)
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| 15 |
Filed: 10/3/2003, Entered: 10/7/2003 |
Notice of Hearing. |
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NOTICE of Hearing: Motion Hearing Deadline set for 10:00 10/10/03 for [14-1] Motion by Capitol Resource for Leave to File Counterclaim (TOLD TO RE-NTC) (clerk)
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| 14 |
Filed: 10/3/2003, Entered: 10/7/2003, Terminated: 10/17/2003 |
Motion for Leave to File |
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MOTION by Capitol Resource for Leave to File Counterclaim (clerk)
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| 13 |
Filed: 10/3/2003, Entered: 10/7/2003 |
Notice of Hearing. |
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NOTICE of Hearing: Motion Hearing Deadline set for 10:00 10/10/03 for [11-1] Motion by Nasir M. Khan, Prod-X Distributors to Strike Privilege Objections (TOLD TO RE-NTC) (clerk)
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| 12 |
Filed: 10/3/2003, Entered: 10/7/2003 |
Memorandum in Support |
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MEMORANDUM by Prod-X Distributors, Nasir M. Khan in Support of [11-1] Motion by Nasir M. Khan, Prod-X Distributors to Strike Privilege Objections (clerk)
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| 11 |
Filed: 10/3/2003, Entered: 10/7/2003 |
Motion to Strike |
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MOTION by Nasir M. Khan, Prod-X Distributors to Strike Privilege Objections (clerk)
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| 10 |
Filed: 10/3/2003, Entered: 10/7/2003 |
Notice |
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NOTICE by Prod-X Distributors, Nasir M. Khan to take Deposition of Rocco Schettini (clerk)
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| 9 |
Filed: 10/3/2003, Entered: 10/7/2003 |
Notice |
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NOTICE by Prod-X Distributors, Nasir M. Khan to take Deposition of Michael Apelian (clerk)
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| 8 |
Filed: 9/11/2003, Entered: 9/15/2003 |
Answer |
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ANSWER and Gronds of Defense to Complaint by Capitol Resource (Attorney Julie Quagliano) (clerk) Modified on 09/15/2003
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| 7 |
Filed: 9/5/2003, Entered: 9/9/2003 |
Amended Complaint |
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AMENDED COMPLAINT by Prod-X Distributors ; amending [1-1] Complaint (WILL RETURN W/SERVICE) (clerk) Modified on 10/08/2003
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| -- |
Filed: 8/28/2003, Entered: 8/28/2003 |
Case Assigned/Reassigned |
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CASE reassigned to Judge T. S. Ellis III per CMH (psid)
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| 5 |
Filed: 8/25/2003, Entered: 8/25/2003 |
Summons Returned Executed |
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SUMMONS Returned Executed as to Capitol Resource 8/22/03 Answer due on 9/11/03 for Capitol Resource (clerk)
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| 6 |
Filed: 8/22/2003, Entered: 8/26/2003 |
Order |
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ORDER, for reasons stated from the bench, DENYING the [2-1] motion by Nasir M. Khan, Prod-X Distributors for Temporary Restraining Order; and setting the following deadlines: bench trial/hearing on Pltff's motion for a preliminary injunction, together with the merits of the case 10:00 on 11/12/03; close of discovery 5:00 10/31/03; proposed findings of fact and conclusions of law due 5:00 11/10/03 (signed by Judge T. S. Ellis III) Copies Sent: Yes [EOD Date: 8/26/03] (tbul)
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| -- |
Filed: 8/22/2003, Entered: 8/28/2003 |
Bench Trial - Held |
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Bench trial and Pltf's motion for Preliminary Injunction set at 10:00 11/12/03 before Judge T. S. Ellis III (psid)
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| -- |
Filed: 8/22/2003, Entered: 8/26/2003 |
Minutes-Miscellaneous |
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Minute entry: Hrg. held before Judge Ellis (Rptr:Rodriquez) Appearances: Barnsback for Pltff; Seeger for Deft. Motion for TRO heard, findings stated and denied. Court set new deadlines - see Order to follow. (tbul)
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| 4 |
Filed: 8/21/2003, Entered: 8/21/2003 |
Notice of Hearing. |
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NOTICE of Hearing: Motion Hearing Deadline set for 10:00 8/22/03 for [2-1] emergency motion by Nasir M. Khan, Prod-X Distributors for Temporary Restraining Order (karn)
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| 3 |
Filed: 8/21/2003, Entered: 8/21/2003 |
Memorandum in Support |
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MEMORANDUM by Prod-X Distributors, Nasir M. Khan in support of [2-1] motion by Nasir M. Khan, Prod-X Distributors for Temporary Restraining Order (karn)
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| 2 |
Filed: 8/21/2003, Entered: 8/21/2003, Terminated: 8/22/2003 |
Motion for TRO |
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EMERGENCY MOTION by Nasir M. Khan, Prod-X Distributors for Temporary Restraining Order (karn)
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| 1 |
Filed: 8/21/2003, Entered: 8/21/2003 |
Complaint |
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VERIFIED COMPLAINT Filing Fee $ 150.00 Receipt # 100 165927 (karn) Modified on 08/21/2003
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Filed: 8/21/2003, Entered: 8/21/2003 |
Summons Issued |
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SUMMONS(ES) (Orig & 1) issued and given to atty for service by SPS as to deft Capitol Resource (karn)
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