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 47 |
Filed: 10/29/1999, Entered: 11/1/1999 |
Satisfaction of Judgment |
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SATISFACTION OF JUDGMENT filed by defts Robert L. Kossan, Frances Kossan & Mary Kossan (mcke)
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| 46 |
Filed: 3/22/1999, Entered: 3/25/1999 |
USCA Order |
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USCA Order (copy) states that the Court DISMISSES thia appeal for failure to prosecute pursuant to Local Rule 45. (clerk)
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| 44 |
Filed: 2/3/1999, Entered: 2/4/1999 |
Response/Reply - Miscellaneous |
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REPLY MEMORANDUM in support by Ivy Cooper, Vernon Shirley, William Taylor, Barbara Eckert of pltfs motion for atty fees (Filed at 97-1294) (clerk)
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| 45 |
Filed: 2/1/1999, Entered: 2/9/1999 |
Order |
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ORDER states that this matter is settled as to Charles Gloeckner. -ent. & filed.( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (clerk) Modified on 02/12/1999
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| 43 |
Filed: 1/19/1999, Entered: 1/25/1999 |
Remark |
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ATTACHMENT to Affidavit of Richard D. Carter filed by plaintiff Ivy Cooper, plaintiff Vernon Shirley, plaintiff William Taylor, plaintiff Barbara Eckert re: Plaintiffs Petition for Fees (orig. with Ca 97-1294-A) (klau)
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| 42 |
Filed: 12/15/1998, Entered: 12/29/1998 |
Judgment* |
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JUDGMENT in favor of Ivy Cooper for $89,069.18; Vernon Shirley for $192,122.80; Barbara Eckert for $97,271.93; and William Taylor for $216,049.43, against Robert and Frances Kossan, jointly and severally, for a total judgment of $594,513.34, plus reasonable attorneys fees and costs of this litigation. This judgment is not dischargeable in bankruptcy. JUDGMENT is hereby entered against third-party defendants Robert and Anita Parris, jointly and severally, in favor of third-party plaintiffs Robert and Frances Kossan in the amount of $51,674.30. The Parrises will not be required to pay the Kossans any money until the plaintiffs have received the entire $594,513.94 judgment from the Kossans. Copies Mailed: yes (stas)
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| 41 |
Filed: 12/15/1998, Entered: 12/17/1998 |
Order |
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ORDER for the reasons stated in the accompanying Memorandum Opinion, it is hereby ORDERED that judgment be and is entered against defendants Robert and Frances Kossan, jointly and severally, in favor of Ivy Cooper for $89,069.18 Vernon Shirley for $192,122.80; Barbara Eckert for $97,271.93; and William Taylor for $216,049.43, for a total judgment of $594,513.34, plus reasonable attorneys fees and costs of this litigation. This judgment is not dischargeable in bankruptcy. It is further ORDERED that judgment be and is entered against third-party defts Robert and Anita Parris, jointly and severally, in favor of third-party pltfs Robert and Frances Kossan in the amount of $51,674.30. The Parrises will not be required to pay the Kossans any money until the pltfs have received the entire $594,513.94 judgment from the Kossans. (See Order for Details) ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (stas) Modified on 12/17/1998
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| 40 |
Filed: 12/15/1998, Entered: 12/17/1998 |
Memorandum and Opinion |
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MEMORANDUM OPINION - filed ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (stas)
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Filed: 12/15/1998, Entered: 1/12/1999 |
Terminated Case |
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Case closed (stas)
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Filed: 12/15/1998, Entered: 1/12/1999 |
Case Assigned/Reassigned |
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CASE assigned to Judge Leonie M. Brinkema (stas)
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Filed: 11/24/1998, Entered: 11/25/1998 |
Order |
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ORDER, for the reasons stated from the bench, dft Frances Kossan's motion to amend order granting partial S/J is denied w/o prej. (orig. in lead case) ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (clerk)
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Filed: 11/20/1998, Entered: 11/20/1998 |
Exhibit |
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Exhibits received by Ivy Cooper, Vernon Shirley, William Taylor, Barbara Eckert (5 large black binders) (clar)
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| 38 |
Filed: 11/18/1998, Entered: 11/19/1998 |
Discovery - Miscellaneous |
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Supplemental Rule 26(a)(3) Expert Disclosure Statement by Ivy Cooper, Vernon Shirley, William Taylor, Barbara Eckert (clar)
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| 37 |
Filed: 11/13/1998, Entered: 11/17/1998 |
Notice of Hearing. |
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NOTICE of Hearing: Motion Hearing set for 10:00 12/4/98 for [35-1] motion by Frances T. Kossan to Amend order granting partial summary judgment (clerk)
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| 36 |
Filed: 11/13/1998, Entered: 11/17/1998 |
Memorandum in Support |
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MEMORANDUM by Frances T. Kossan in support of [35-1] motion by Frances T. Kossan to Amend order granting partial summary judgment by Frances T. Kossan (clerk)
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| 35 |
Filed: 11/13/1998, Entered: 11/17/1998 |
Motion to Amend/Correct |
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MOTION by Frances T. Kossan to Amend order granting partial summary judgment (clerk)
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| 39 |
Filed: 11/5/1998, Entered: 12/7/1998 |
Order |
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ORDER for the reasons stated from the bench, granting [25-1] motion by Barbara Eckert, William Taylor, Vernon Shirley, Ivy Cooper for Partial Summary Judgment against Frances Kossan, that partial summary judgment be entered against Frances Kossan and in favor of pltfs in the amount of $167,200.00 and that a constructive trust be placed on the assets of Frances Kossan as of 1/1/94, in favor of pltfs' for the satisfaction of the judgment, and that a constructive trust be placed on the assets transferred by Frances Kossan in violation of the constructive trust. Pltfs' request for attorneys fees shall be deferred until the resolution of the entire matter pursaunt to F.R.C.P. 54(d) and this case shall proceed on all remaining counts of the complaint and the adversary proceeding - ent & filed (see order for more details)( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (mcke)
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Filed: 10/30/1998, Entered: 11/3/1998 |
Minutes-Miscellaneous |
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Minute entry: Judge Brinkema. Reporter: Thomson. Appearances of counsel. Motion by Barbara Eckert, William Taylor, Vernon Shirley, Ivy Cooper for partial summary judgment - granted as to Ms. Kossan in the amt. of $167,200.00 Parties to submit order. (clerk) Modified on 11/03/1998
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| 34 |
Filed: 10/29/1998, Entered: 10/30/1998 |
Memorandum in Support |
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MEMORANDUM by Frances T. Kossan in support of [33-1] opposition response by Frances T. Kossan (clerk)
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| 33 |
Filed: 10/29/1998, Entered: 10/30/1998 |
Response in Opposition to Motion |
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RESPONSE by Frances T. Kossan in opposition to [25-1] motion by Barbara Eckert, William Taylor, Vernon Shirley, Ivy Cooper for Partial Summary Judgment by Barbara Eckert, William Taylor, Vernon Shirley, Ivy Cooper (clerk)
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| 32 |
Filed: 10/29/1998, Entered: 10/30/1998 |
Remark |
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STATEMENT OF MATERIAL FACTS IN Dispute by defendant Frances T. Kossan (clerk)
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| 31 |
Filed: 10/29/1998, Entered: 10/30/1998 |
Remark |
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STATEMENT by defendant Frances T. Kossan (clerk)
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| 30 |
Filed: 10/28/1998, Entered: 10/29/1998 |
Reply to Response to Motion |
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REPLY by Ivy Cooper, Vernon Shirley, William Taylor, Barbara Eckert to response to [25-1] motion by Barbara Eckert, William Taylor, Vernon Shirley, Ivy Cooper for Partial Summary Judgment by Barbara Eckert, William Taylor, Vernon Shirley, Ivy Cooper (clerk)
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| 29 |
Filed: 10/26/1998, Entered: 10/27/1998 |
Exhibit |
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Supplemental Exhibit list by Ivy Cooper, Vernon Shirley, William Taylor, Barbara Eckert (org filed in 97-1294) (clar)
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| 28 |
Filed: 10/15/1998, Entered: 10/16/1998 |
Notice of Hearing. |
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NOTICE of Hearing: Motion Hearing set for 10:00 10/30/98 for [25-1] motion by Barbara Eckert, William Taylor, Vernon Shirley, Ivy Cooper for Partial Summary Judgment (clar)
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| 27 |
Filed: 10/15/1998, Entered: 10/16/1998 |
Remark |
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Statement of Undisputed Facts filed by plaintiff Ivy Cooper, plaintiff Vernon Shirley, plaintiff William Taylor, plaintiff Barbara Eckert (clar)
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| 26 |
Filed: 10/15/1998, Entered: 10/16/1998 |
Memorandum in Support |
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MEMORANDUM by Ivy Cooper, Vernon Shirley, William Taylor, Barbara Eckert in support of [25-1] motion by Barbara Eckert, William Taylor, Vernon Shirley, Ivy Cooper for Partial Summary Judgment (large pleading) (clar)
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| 25 |
Filed: 10/15/1998, Entered: 10/16/1998, Terminated: 11/5/1998 |
Motion for Summary Judgment |
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MOTION by Barbara Eckert, William Taylor, Vernon Shirley, Ivy Cooper for Partial Summary Judgment (clar)
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| 24 |
Filed: 9/17/1998, Entered: 9/18/1998 |
Stipulation |
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Stipulation of Facts filed by Frances T. Kossan (clar)
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| 23 |
Filed: 9/17/1998, Entered: 9/18/1998 |
Miscellaneous Document |
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Pretrial Statement (Witness List and Exhibit List) by Frances T. Kossan (clar)
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| 22 |
Filed: 9/17/1998, Entered: 9/18/1998 |
Exhibit |
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Exhibit list by Ivy Cooper, Vernon Shirley, William Taylor, Barbara Eckert (clar)
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| 21 |
Filed: 9/17/1998, Entered: 9/18/1998 |
Witness List |
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Witness list by Ivy Cooper, Vernon Shirley, William Taylor, Barbara Eckert (clar)
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| -- |
Filed: 9/17/1998, Entered: 9/18/1998 |
Pretrial Conference - Final |
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Pre-Trial Conference held; Judge Bryan; Appearances of counsel. Case set for trial by Court on 11/23/98 (clar)
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| 20 |
Filed: 9/4/1998, Entered: 9/11/1998 |
Notice of Hearing. |
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NOTICE of Hearing: Motion Hearing set for 10:00 9/11/98 for [18-1] motion by Barbara Eckert, William Taylor, Vernon Shirley, Ivy Cooper to Compel, set for 10:00 9/11/98 for [18-2] motion by Barbara Eckert, William Taylor, Vernon Shirley, Ivy Cooper for Sanctions (clar)
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| 19 |
Filed: 9/4/1998, Entered: 9/11/1998 |
Memorandum in Support |
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MEMORANDUM by Ivy Cooper, Vernon Shirley, William Taylor, Barbara Eckert in support of [18-1] motion by Barbara Eckert, William Taylor, Vernon Shirley, Ivy Cooper to Compel [18-2] motion by Barbara Eckert, William Taylor, Vernon Shirley, Ivy Cooper for Sanctions (clar)
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| 18 |
Filed: 9/4/1998, Entered: 9/11/1998 |
Motion to Compel |
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MOTION by Barbara Eckert, William Taylor, Vernon Shirley, Ivy Cooper to Compel , and for by Barbara Eckert, William Taylor, Vernon Shirley, Ivy Cooper for Sanctions (clar)
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| 16 |
Filed: 8/21/1998, Entered: 8/24/1998 |
Order |
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ORDERED that pltfs motion for S/J is granted in part, denied in part. Pltfs motion for S/J is granted as to dft Robert Kossan's liability regarding the health insurance and the ERISA notice claims. The actual damages to be awarded on these claims remains for trial unless resolved by the parties. ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (clerk)
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| 15 |
Filed: 8/18/1998, Entered: 8/20/1998 |
Order |
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ORDER that these consolidated civil actions are set for a pretrial conference before Chief Judge Claude M. Hilton in room 800 @ 10:15 a.m., on thursday 9/17/98 - ent & filed ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (clar)
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| 14 |
Filed: 8/17/1998, Entered: 8/20/1998 |
Reply to Response to Motion |
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REPLY by Ivy Cooper, Vernon Shirley, William Taylor, Barbara Eckert to response to Robert Kossan's Oppostion to plaintiffs' Motion for Summary Judgment (clar)
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| 13 |
Filed: 8/17/1998, Entered: 8/17/1998 |
Summons Returned Executed |
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SUMMONS Returned Executed as to Frances T. Kossan 8/10/98 Answer due on 8/31/98 for Frances T. Kossan (clerk)
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| 17 |
Filed: 8/12/1998, Entered: 9/3/1998 |
Response in Opposition to Motion |
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RESPONSE by Robert L. Kossan in opposition to pltf's motion for summary judgment agaist the deft Robert L. Kossan (clar)
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| 12 |
Filed: 8/10/1998, Entered: 8/11/1998 |
Answer |
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ANSWER to Complaint by Frances T. Kossan (mcke)
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| 11 |
Filed: 8/4/1998, Entered: 8/6/1998 |
Order |
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ORDER, that CA97-1294, CA98-679, CA98-714 & CA98-715 are consolidated; the stay previously entered in 97-1294 be and is lifted. Discovery in these consolidated actions be and is opened for a period not to exceed 45 days from the date of this Order; all parties , appear in Courtroom 800 on 9/17/98 @ 1:40 p.m. for a Pretrial Conference; Robert Kossan be and is granted leave to file a response to the Summary Judgment motion by no later thatn COB on 8/12/98. Pltfs have until COB 8/17/98 to file a reply (see order for details) - ent & filed ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (clar)
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Filed: 8/4/1998, Entered: 8/6/1998 |
Set/Clear Flags |
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Consolidated Member Case . Lead Case Number: 1cv97 1294 (clar)
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Filed: 8/4/1998, Entered: 8/4/1998 |
Summons Issued |
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SUMMONS(ES) (Org. & 1) issued and given to Juliane Miller to serve by mail on Franes T. Kossan , this is per Judge Brinkema & the mail service is per the Bankruptcy rules (mcke) Modified on 08/04/1998
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| 9 |
Filed: 7/8/1998, Entered: 7/13/1998 |
Notice |
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NOTICE by Ivy Cooper, Vernon Shirley, William Taylor, Barbara Eckert to take deposition of Frances Kossan (mcke)
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| 8 |
Filed: 7/8/1998, Entered: 7/8/1998, Terminated: 12/15/1998 |
Bankruptcy Appeal |
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BANKRUPTCY RECORD received - Adv. Proceeding 98-1279 - pursuant to Order of 6/2/98 by LMB. (jsol)
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| 10 |
Filed: 7/7/1998, Entered: 7/15/1998 |
Notice |
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NOTICE by Ivy Cooper, Vernon Shirley, William Taylor, Barbara Eckert to take deposition of Frances Kossan (mcke)
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| 7 |
Filed: 6/2/1998, Entered: 6/3/1998 |
Order |
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ORDER granting in part, denying in part [2-1] motion by Barbara Eckert, William Taylor, Vernon Shirley, Ivy Cooper to Withdraw the Reference, the reference be and is withdrawn only as to those issues that pertain to the movants' ERISA claims against the debtor. - ent & filed ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (mcke)
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| 6 |
Filed: 5/29/1998, Entered: 6/3/1998 |
Memorandum in Opposition |
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OPPOSITION by Frances T. Kossan to [2-1] motion by Barbara Eckert, William Taylor, Vernon Shirley, Ivy Cooper to Withdraw the Reference (mcke)
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| Save 25% on a pre-paid one year subscription. |
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| 5 |
Filed: 5/20/1998, Entered: 5/26/1998 |
Notice |
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NOTICE of time within which to file objections to motion to withdraw refernce by Ivy Cooper, Vernon Shirley, William Taylor, Barbara Eckert (clerk)
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| 4 |
Filed: 5/20/1998, Entered: 5/22/1998 |
Notice of Hearing. |
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NOTICE of Hearing: Motion Hearing set for 10:00 5/29/98 for [2-1] motion by Barbara Eckert, William Taylor, Vernon Shirley, Ivy Cooper to Withdraw the Reference (clerk)
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| 3 |
Filed: 5/20/1998, Entered: 5/22/1998 |
Memorandum in Support |
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MEMORANDUM by Ivy Cooper, Vernon Shirley, William Taylor, Barbara Eckert in support of [2-1] motion by Barbara Eckert, William Taylor, Vernon Shirley, Ivy Cooper to Withdraw the Reference by Barbara Eckert, William Taylor, Vernon Shirley, Ivy Cooper (clerk)
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| 2 |
Filed: 5/20/1998, Entered: 5/22/1998, Terminated: 6/2/1998 |
Motion for Miscellaneous Relief |
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MOTION by Barbara Eckert, William Taylor, Vernon Shirley, Ivy Cooper to Withdraw the Reference (filed with US Bankruptcy Court 5/19/98). (clerk)
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| 1 |
Filed: 5/20/1998, Entered: 5/22/1998 |
Docket Annotation |
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US Bankruptcy Court Transmittal of Withdrawal of Reference Motion together with copy of US Bankruptcy Docket Sheet. (clerk)
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