Onesource Facility v. Kirsch, et al

Federal Civil Lawsuit Virginia Eastern District Court, Case No. 2:00-cv-00958-RBS
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Summary

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Parties
No Logo Onesource Facility Services, Inc., Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space David William Erb +1 410 332 8600

Represented by Kaufman & Canoles, PC

Name Phone Fax E-Mail
Space Frank Alwin Edgar, Jr. +1 757 873 6300 faedgarjr@kaufcan.com

Represented by Troutman Sanders, LLP

Name Phone Fax E-Mail
Space Jeffrey H. Gray +1 757 687 7519 +1 757 687 1554 jeffrey.gray@troutmansanders.com

Represented by WILLCOX & SAVAGE

Name Phone Fax E-Mail
Space Conrad Moss Shumadine +1 757 628 5500 +1 757 628 5566 cshumadine@wilsav.com
v.
No Logo Broadway Associates, Defendant
No Logo Cheryl H. Askew, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Wilber Thurston Harville +1 757 822 3162 +1 757 353 4395 harville@cox.net
No Logo F. B. Kirsch, III, Defendant
No Logo K Plus Services, Inc., Defendant

Represented by Sullivan Law Group, P.L.C. (Norfolk)

Name Phone Fax E-Mail
Space Ann Katherine Sullivan +1 757 623 3000 +1 757 623 5735 asullivan@asksullivan.com

Represented by Troutman Sanders, LLP

Name Phone Fax E-Mail
Space Christopher Alan Abel +1 757 687 7535 chris.abel@troutmansanders.com
No Logo Michael Kirsch, Defendant

Represented by Sullivan Law Group, P.L.C. (Norfolk)

Name Phone Fax E-Mail
Space Ann Katherine Sullivan +1 757 623 3000 +1 757 623 5735 asullivan@asksullivan.com

Represented by Troutman Sanders, LLP

Name Phone Fax E-Mail
Space Christopher Alan Abel +1 757 687 7535 chris.abel@troutmansanders.com
Attributes
Office Norfolk
Filed 12/21/2000
Jury Demand None
Demand $0
Nature of Suit 190 - Contract: Other Contract Actions
Cause Section 28 U.S.C. § 1332 Diversity-Contract Dispute
Jurisdiction Diversity
Disposition Dismissed - Settled
County Out of State
Terminated 3/19/2001
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flag CLOSED
Timeline
  Entries (55) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 28 Filed: 3/19/2001, Entered: 3/19/2001 Stipulation
STIPULATION of dismissal. OB. (clerk)
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Blank -- Filed: 3/19/2001, Entered: 3/19/2001 Disposable Record
Disposable Record (clerk)
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Blank -- Filed: 3/19/2001, Entered: 3/19/2001 Terminated Case
Case closed (clerk)
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Blank -- Filed: 3/19/2001, Entered: 3/19/2001 Case Assigned/Reassigned
CASE assigned to Judge Rebecca B. Smith (clerk)
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Blank 27 Filed: 3/2/2001, Entered: 3/5/2001 Notice of Hearing.
AMENDED NOTICE of Hearing: motion for preliminary injunction, by plaintiff. (clerk)
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Blank -- Filed: 2/27/2001, Entered: 2/27/2001 Motion Hearing
Motion hearing re: [2-1] motion by Onesource Facility Services, Inc. for Temporary Restraining Order set at 9:15 a.m. on 3/16/01 (clerk)
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Blank 26 Filed: 2/13/2001, Entered: 2/13/2001 Notice of Hearing.
AMENDED NOTICE of Hearing: preliminary injunction hearing, by plaintiff. (clerk)
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Blank -- Filed: 2/9/2001, Entered: 2/9/2001 Motion Hearing
Motion hearing re: [2-1] motion by Onesource Facility Services, Inc. for Temporary Restraining Order set at 10:30 a.m. on 2/22/01 (clerk)
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Blank 25 Filed: 1/25/2001, Entered: 1/26/2001 Reply to Response to Motion
REPLY by Onesource Facility Services, Inc. to response to [16-1] motion by Onesource Facility Services, Inc. to Amend Paragraph H of Order entered January 4, 2001, received. (clerk)
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Blank -- Filed: 1/25/2001, Entered: 1/26/2001 Set/Reset Deadlines:
Settlement Conference held (clerk)
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Blank 24 Filed: 1/22/2001, Entered: 1/23/2001 Motion for Miscellaneous Relief
MOTION with Memorandum in Support by Michael Kirsch, F. B. Kirsch III, K Plus Services, Inc. Broadway Associates To Modify And Enforce The Court's Order (clerk)
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Blank 24 Filed: 1/22/2001, Entered: 1/23/2001 Remark
STATUS REPORT OF COMPLIANCE OF PLAINTIFF WITH COURT'S ORDERS, filed by defendant Michael Kirsch, defendant F. B. Kirsch III, defendant K Plus Services, Inc., defendant Broadway Associates (clerk)
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Blank 24 Filed: 1/22/2001, Entered: 1/23/2001 Response to Motion
RESPONSE by Michael Kirsch, F. B. Kirsch III, K Plus Services, Inc., Broadway Associates to [16-1] motion by Onesource Facility Services, Inc. to Amend Paragraph H of Order entered January 4, 2001 (clerk)
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Blank 23 Filed: 1/18/2001, Entered: 1/18/2001, Terminated: 3/19/2001 Motion to Compel
MOTION with Memorandum in Support by Onesource Facility Services, Inc. to Compel Defendants To Produce All Computer Passwords , and to Determine That Documents On Onesource Computers Are Not Protected By Lorie Wood's Claim Of Attorney-Client Privilege (clerk)
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Blank 22 Filed: 1/18/2001, Entered: 1/18/2001 Transcript
TRANSCRIPT for dates of December 21, 2000 before the Honorable Jerome B. Friedman. (clerk)
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Blank 21 Filed: 1/18/2001, Entered: 1/18/2001 Transcript
TRANSCRIPT for dates of December 29, 2000 before the Honorable Jerome B. Friedman (clerk)
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Blank 20 Filed: 1/16/2001, Entered: 1/16/2001 Summons Returned Executed
SUMMONS Returned Executed as to F. B. Kirsch III, Cheryl H. Askew, K Plus Services on 12/23/00 (clerk)
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Blank 19 Filed: 1/16/2001, Entered: 1/16/2001 Summons Returned Executed
SUMMONS Returned Executed as to Michael Kirsch, Broadway Associates on 12/22/00 (clerk)
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Blank 18 Filed: 1/11/2001, Entered: 1/11/2001 OrderCourt Filing
ORDER as follows: (1) granting [16-1] motion by Onesource Facility Services, Inc. to Amend Paragraph H of Order entered January 4, 2001, full and complete response to the letter of counsel for K Plus due 1/19/01 by 5:00 p.m.; (2) mediation session reset on 1/25/01 at 9:30 a.m., K Plus to provide certain copies of letters by 5:00 p.m. on 1/19/01 and to Chambers by 9:30 a.m. on 1/24/01; (3) allowing Lorie Wood to visit OneSource office and review records as set forth in Paragraph I of 1/4/01 Order; (4) allowing Lorie Woods to review records on computer (accounts receivable) as set forth in Paragraph J of 1/4/01 Order no earlier than noon on 1/15/01; (5) OneSource is to report progress on making repairs to or correcting any computer problems with Lorie Wood's computer; (6) establishing procedures to facilitate provisions of Paragraph 6 of Order of 1/4/01; (7) Ann Sullivan is to maintain copy of records of escrow account identified in Paragraph A of 1/4/01 Order and provide original records to counsel for OneSource; and (8) Ann Sullivan is to produce records delivered to her by Lorie Wood to OneSource no later than 5:00 p.m. on 1/12/01 and prepare log of records not subject to order said log to be provided to counsel for OneSource, entered and filed 1/11/01 (signed by Magistrate Judge F. B. Stillman) Copies Mailed: 1/11/01 [EOD Date: 1/11/01] (clerk)
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Blank 17 Filed: 1/11/2001, Entered: 1/11/2001 Minutes-Miscellaneous
COURT PROCEEDINGS, FBS, USMJ. Gloria Smith, reporter. Counsel present. Matter came on plaintiff's motion for extension of deadlines in Order filed 1/4/01 & amendment of Order. Argument. Court grants plaintiff's motion for extension. Court rescheduled settlement conference to 1/25/01 at 9:30 a.m. Court directed any submissions to Court should be submitted twenty-four (24) hours prior to 1/25/01. Court extended deadline for plaintiff's preparing their response to Ms. Sullivan's letter to 1/19/01 at 5:00 p.m. Court directed plaintiff to give Laurie Wood access to computer records immediately beginning Monday, 1/15/01, to be done under plaintiff's supervision. Plaintiff's motion for courier from counsel's office to pick up mail without cost--GRANTED. Court directs defendant to furnish plaintiff with copies of records of amount deposited in escrow account by tomorrow, 1/12/01 at 5:00 p.m. Court will enter Order. Court adjourned. (clerk)
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Blank 16 Filed: 1/11/2001, Entered: 1/11/2001, Terminated: 1/11/2001 Motion to Amend/Correct
MOTION with Memorandum in Support by Onesource Facility Services, Inc. to Amend Paragraph H of Order entered January 4, 2001 (clerk)
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Blank -- Filed: 1/11/2001, Entered: 1/11/2001 Set/Reset Deadlines:
Settlement Conference set at 9:30 a.m. on 1/25/01 (clerk)
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Blank 15 Filed: 1/4/2001, Entered: 1/5/2001 Notice
NOTICE of December 21, 2000 hearing given to defendants by Onesource Facility Services, Inc. Received in Chambers on 12/22/00 and filed 1/4/01. (clerk)
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Blank 14 Filed: 1/4/2001, Entered: 1/4/2001 OrderCourt Filing
ORDER (ON PRELIMINARY INJUNCTION) that defendants shall immediately deliver to the plaintiff all sums of money contained in the escrow account established pursuant to this Court's Temporary Restraining Order dated December 22, 2000, etc.; GRANTING a PRELIMINARY INJUNCTION by agreement, through and including the date of the hearing scheduled pursuant to paragraph N, or as soon thereafter as the court can schedule a hearing (see order for specifics); that the bond established pursuant to this Court's Temporary Restraining Order of December 22, 2000 shall be continued at its present level during the pendency of this order; no party shall be required or permitted to file pleadings, conduct discovery, or otherwise pursue such litigation until further order of this Court; directing all parties to appear at 10:00 a.m. on 2/5/01 for the purpose of giving further consideration on this preliminary injunction and of resuming the pending hearing for a temporary restraining order in the related case number 2:00cv957 , entered and filed January 4, 2001 (signed by Judge Jerome B. Friedman) Copies delivered counsel: 1/4/01 [EOD Date: 1/4/01] (rlam)
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Blank 13 Filed: 1/4/2001, Entered: 1/4/2001 Minutes-Miscellaneous
Minute entry: COURT PROCEEDINGS - JBF, USDJ. Sue Ash, OCR. Counsel appeared. Matter came on for continuation of hearing for preliminary injunction. Comments of Court and counsel. Order on preliminary injunction, entered and filed in open court. Further proceedings continued to 10:00 a.m. on 2/5/01 and also rusuming pending hearing for TRO in case no. 2:00cv957. (rlam)
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Blank -- Filed: 1/4/2001, Entered: 1/4/2001 Minutes-Miscellaneous
Continuation of Preliminary Injunction Hearing Held. (rlam)
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Blank -- Filed: 1/4/2001, Entered: 1/4/2001 Set/Reset Deadlines:
Deadline updated; Reset Hearing Deadline for 2:30 p.m. on 1/4/01 on preliminary injunction (clerk)
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Blank -- Filed: 1/4/2001, Entered: 1/4/2001 Filing Fee Received
Receipt # 28014 for fee paid on 12/29/00 for pro hac vice application of David William Erb. (clerk)
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Blank 12 Filed: 1/2/2001, Entered: 1/2/2001 OrderCourt Filing
ORDER continuing hearing on motion for preliminary injunction to 1/4/01; that December 22, 2000 TRO is effective for an additional ten (10) days until 1/11/01 unless such time is later modified by order of the Court; directing parties to contact U.S. Magistrate Judge Stillman's chambers to schedule a settlement conference; and directing defendants to deliver to their counsel a computer disc or discs containing any electronic customer contracts and files in their possession which are related to the business and/or customers of K Plus and OneSource and defendants are to delete any such files from the hard drives of computers in their possession, nunc pro tunc as of 12/29/00, entered and filed 1/2/01 (signed by Judge Jerome B. Friedman) Copies Mailed: 1/2/01 [EOD Date: 1/2/01] (clerk)
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Blank -- Filed: 1/2/2001, Entered: 1/2/2001 Set/Reset Deadlines:
Settlement Conference set at 3:00 p.m. on 1/3/01 (clerk)
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Blank -- Filed: 1/2/2001, Entered: 1/2/2001 Set/Reset Deadlines:
Deadline updated; Reset Hearing Deadline for 11:00 a.m. 1/4/01 on motion for preliminary injunction (clerk)
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Blank 11 Filed: 12/29/2000, Entered: 12/29/2000 Minutes-MiscellaneousCourt Filing
Minute entry: HEARING PROCEEDINGS: JBF, j. Sue Ash, OCR. Counsel and parties appeared. Matter came on for hearing on motion for preliminary injunction. Witnesses excluded. Pltf. presented eivdence and rest. Deft. presented evidence in part. Hearing continued to January 4, 2001, at 11:00 a.m. Court extended the time period in which the TRO order is in effect for an additional 10 days, or until further order of the court. Court directed defts. Michael Kirsch and Bernie Kirsch to deliver to defts. counsel a disc(s) containing electronic business and contract files in their possession, and to delete any such files from their computer. Court directed counsel to call Judge Stillman's chambers on Tuesday, January 2, 2001 and set up a settlement conference. Ct. adjourned.
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Blank 10 Filed: 12/29/2000, Entered: 12/29/2000, Terminated: 12/29/2000 Motion for Pro Hac Vice
MOTION by Conrad M. Shumadine, counsel for Onesource Facility for David William Erb to Appear Pro Hac Vice (Filing Fee Paid $25.00) (mwin)
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Blank -- Filed: 12/29/2000, Entered: 12/29/2000 Order
So Ordered: granting [10-1] motion by Conrad M. Shumadine, counsel for Onesource Facility for David William Erb to Appear Pro Hac Vice; ENDORSED ON [10-1] MOTION; entered and filed 12/29/00 (signed by Judge Jerome B. Friedman) Copies Mailed: 12/29/00 (mwin)
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Blank 9 Filed: 12/27/2000, Entered: 12/27/2000 Memorandum in Opposition
MEMORANDUM by Michael Kirsch, F. B. Kirsch III, K Plus Services, Broadway Associates in opposition to preliminary injunction, received (mwin)
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Blank 8 Filed: 12/22/2000, Entered: 12/22/2000 Bond
TEMPORARY RESTRAINING ORDER BOND in the amount of $300,000.00 entered by Onesource Facility Services, Inc. Original in civil bond drawer. (clerk)
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Blank 7 Filed: 12/22/2000, Entered: 12/22/2000 OrderCourt Filing
ORDER granting [2-1] motion by Onesource Facility Services, Inc. for Temporary Restraining Order; plaintiff is to post a security in the amount of $300,000 with corporate surety which shall remain with the Court during the period this Order is in effect, a Temporary Restraining Order shall issue against the defendants for ten days from the date of this Order unless the Court modifies such time period; see this Order for specifics of the restraints, entered 12/22/00 at 12:28 p.m. and filed 12/22/00 (signed by Judge Jerome B. Friedman) Copies Mailed as directed: 12/22/00 and telefaxed by Chambers. [EOD Date: 12/22/00] (clerk)
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Blank -- Filed: 12/22/2000, Entered: 12/27/2000 Set/Reset Deadlines:
Deadline updated; set Brief deadline to 3:00, 12/27/00, per 12/22/00 order, on preliminary injunctive relief (mwin)
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Blank -- Filed: 12/22/2000, Entered: 12/27/2000 Set/Reset Hearings
Hearing Deadline set 11:00, 12/29/00 on appropriateness of preliminary injunctive relief per 12/22/00 order (mwin)
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Blank 6 Filed: 12/21/2000, Entered: 12/21/2000 Minutes-Miscellaneous
Minute entry: COURT PROCEEDINGS - JBF, USDJ. Horace Weiss (Zahn, Hall, Zahn) Jeffrey H. Gray, Esquire and Frank A. Edgar, Jr. appeared on behalf of the plaintiff. Ann Sullivan, Esquire and Christopher Abel, Esquire, appeared on behalf of defendants Michael Kirsch and K Plus Services, Inc. Matter came on plaintiff's [2-1] motion by Onesource Facility Services, Inc. for Temporary Restraining Order. Counsel indicated to the Court that they had no objections to proceeding before This Court. Argument of counsel heard. Evidence presented. Matter taken under advisement and continued until 2:30 p.m. tomorrow (12/22/00), if necessary. Court will advise counsel if hearing is taken off. Court adjourned. (rlam)
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Blank 5 Filed: 12/21/2000, Entered: 12/21/2000 Affidavit
AFFIDAVIT of Harry D. Shapiro in support of[3-1] support memorandum by Onesource Facility Services, Inc., [2-1] motion by Onesource Facility Services, Inc. for Temporary Restraining Order (clerk)
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Blank 4 Filed: 12/21/2000, Entered: 12/21/2000 Affidavit
AFFIDAVIT of Debra R. Loss in support of [3-1] support memorandum by Onesource Facility Services, Inc., [2-1] motion by Onesource Facility Services, Inc. for Temporary Restraining Order (clerk)
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Blank 3 Filed: 12/21/2000, Entered: 12/21/2000 Affidavit
AFFIDAVIT of John M. Stoekl in support of [3-1] support memorandum by Onesource Facility Services, Inc., [2-1] motion by Onesource Facility Services, Inc. for Temporary Restraining Order (clerk)
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Blank 3 Filed: 12/21/2000, Entered: 12/21/2000 Affidavit
AFFIDAVIT of Jamie M. Slager in support of [3-1] support memorandum by Onesource Facility Services, Inc., [2-1] motion by Onesource Facility Services, Inc. for Temporary Restraining Order (clerk)
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Blank 3 Filed: 12/21/2000, Entered: 12/21/2000 Affidavit
AFFIDAVIT of Veronica Fortt in support of [3-1] support memorandum by Onesource Facility Services, Inc., [2-1] motion by Onesource Facility Services, Inc. for Temporary Restraining Order (clerk)
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Blank 3 Filed: 12/21/2000, Entered: 12/21/2000 Affidavit
AFFIDAVIT of J. Gay Lansdown in support of [3-1] support memorandum by Onesource Facility Services, Inc., [2-1] motion by Onesource Facility Services, Inc. for Temporary Restraining Order (clerk)
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Blank 3 Filed: 12/21/2000, Entered: 12/21/2000 Affidavit
AFFIDAVIT of Kelly H. Hill in support of [3-1] support memorandum by Onesource Facility Services, Inc., [2-1] motion by Onesource Facility Services, Inc. for Temporary Restraining Order (clerk)
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Blank 3 Filed: 12/21/2000, Entered: 12/21/2000 Affidavit
AFFIDAVIT of Stephanie Mariano in support of [3-1] support memorandum by Onesource Facility Services, Inc., [2-1] motion by Onesource Facility Services, Inc. for Temporary Restraining Order (clerk)
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Blank 3 Filed: 12/21/2000, Entered: 12/21/2000 Memorandum in Support
MEMORANDUM in support of [2-1] motion by Onesource Facility Services, Inc. for Temporary Restraining Order, received. (clerk)
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Blank 2 Filed: 12/21/2000, Entered: 12/21/2000, Terminated: 12/22/2000 Motion for TRO
MOTION by Onesource Facility Services, Inc. for Temporary Restraining Order (clerk)
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Blank 1 Filed: 12/21/2000, Entered: 12/21/2000 Complaint
COMPLAINT Filing Fee $ 150 Receipt no. 27913 (clerk) Modified on 12/21/2000
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Blank -- Filed: 12/21/2000, Entered: 12/21/2000 Motion Hearing
Motion hearing re: [2-1] motion by Onesource Facility Services, Inc. for Temporary Restraining Order continued until 2:30 p.m. on 12/22/00 (rlam)
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Blank -- Filed: 12/21/2000, Entered: 12/21/2000 Motion Hearing
Motion hearing held re: [2-1] motion by Onesource Facility Services, Inc. for Temporary Restraining Order by Onesource Facility (rlam)
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Blank -- Filed: 12/21/2000, Entered: 12/21/2000 Set/Reset Deadlines:
Deadline updated; Motion Hearing Deadline set for 3:00 p.m. on 12/21/00 for [2-1] motion by Onesource Facility Services, Inc. for Temporary Restraining Order (rlam)
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Blank -- Filed: 12/21/2000, Entered: 12/21/2000 Summons Issued
SUMMONS (5 separate packages), with 1 copy each, issued for Michael Kirsch, F. B. Kirsch III, Cheryl H. Askew, K Plus Services, Inc., Broadway Associates. Magistrate notice, etc. for all defendants, Financial Disclosure, notice and rule for plaintiff, K Plus Services, Inc. and Broadway Associates. (clerk)
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