Oliver, et al v. Cardinal Sign, et al

Federal Civil Lawsuit Virginia Eastern District Court, Case No. 2:03-cv-00051-HCM-JEB
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Parties
No Logo Michael A. Robusto, Co-Administrator of the Estate of Roger W. Whitt, Deceased, Plaintiff

Represented by Breit Drescher & Imprevento PC

No Logo Sherri L. Oliver, Plaintiff

Represented by Breit Drescher & Imprevento PC

v.
No Logo Cardinal Sign Corporation, Defendant

Represented by Law Offices of Robert E Worst

Name Phone Fax E-Mail
Space Justin Michael Beall +1 703 691 3331 justin.beall@kpmlaw.com
Space Brian Allen Cafritz +1 804 320 6300 +1 804 320 6312 Brian.Cafritz@kpmlaw.com
Space Robert E Worst +1 703 691 3331 +1 703 691 3332 Robert.Worst@kpmlaw.com
Attributes
Office Norfolk
Filed 1/17/2003
Jury Demand Plaintiff
Demand $0
Nature of Suit 365 - Personal Injury: Product Liability
Cause Section 28 U.S.C. § 1332 Diversity-Personal Injury
Jurisdiction Diversity
Disposition Dismissed - Settled
County Out of State
Terminated 9/2/2003
Origin 5
Reopened None
Lead Case None
Related Case
Other Court Case C2-02-753[USDC Columbus OH]
Def Custody Status
Flag CLOSED
Timeline
  Entries (62) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 46 Filed: 9/2/2003, Entered: 9/2/2003 OrderCourt Filing
Agreed ORDER Dismissing the claims advanced by Sheri L. Oliver, individually with prejudice, and that the wrongful death claims advanced by the Estate of Roger W. Whitt are dismissed without prejudice; each party to pay their own taxable costs; agreed and entered 08/29/03 and filed 09/02/03; ob ( signed by Judge Henry C. Morgan Jr. ) Copies Mailed: 09/02/03 [EOD Date: 9/2/03] (cdod)
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Blank -- Filed: 9/2/2003, Entered: 9/2/2003 Disposable Record
Disposable Record (cdod)
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Blank -- Filed: 9/2/2003, Entered: 9/2/2003 Terminated Case
Case closed (cdod)
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Blank 45 Filed: 7/7/2003, Entered: 7/8/2003 OrderCourt Filing
Agreed ORDER Dismissing without prejudice as to the defendants, J. Henry Holland Company, Steven V. Sahr d/b/a Steve's Mobile Repair Service and William M. Jones, Jr., t/a Pro-Mech Services of Tidewater agreed, entered 07/01/03 and filed 07/07/03; ob ( signed by Judge Henry C. Morgan Jr. ) Copies Mailed: 07/08/03 [EOD Date: 7/8/03] (cdod)
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Blank 44 Filed: 6/30/2003, Entered: 7/1/2003 OrderCourt Filing
ORDER granting plaintiff's voluntary dismissal of defendant Wilkie Mfg., Inc., without prejudice ; case to continue as to defendants Cardinal Sign Corporation; Steven V. Sahr d/b/a Steve's Mobile Repair; William M. Jones, Jr., t/a Pro-Mech Services of Tidewater; and J. Henry Holland Company; entered and filed 6/30/03 (signed by Judge Henry C. Morgan Jr.) Copies Mailed: 6/30/03. ob [EOD Date: 7/1/03] (mwin)
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Blank 43 Filed: 6/30/2003, Entered: 7/1/2003 OrderCourt Filing
ORDER dismissing [3-1] motion by Cardinal Sign to Dismiss Counts I and III as moot; entered and filed 6/30/03 (signed by Judge Henry C. Morgan Jr.) Copies Mailed: 6/30/03 [EOD Date: 7/1/03] (mwin)
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Blank -- Filed: 6/30/2003, Entered: 7/1/2003 Set/Reset Deadlines:
Deadline updated; mooting [14-1] motion by J. Henry Holland for Leave to File amended answer (mwin)
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Blank 42 Filed: 6/24/2003, Entered: 6/24/2003, Terminated: 9/2/2003 Certificate Of Service.
Certificate of Compliance of the Secretary of the Commonwealth as to Wilkie Mfg., Inc. Answer due 7/14/03 for Wilkie Mfg., Inc. (cdod)
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Blank 41 Filed: 6/17/2003, Entered: 6/19/2003 Answer to Amended Complaint
ANSWER by Cardinal Sign (Attorney ) to amended complaint (cdod)
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Blank 40 Filed: 6/17/2003, Entered: 6/19/2003 Notice
NOTICE of Incorporation of Pleadings by Cardinal Sign; re-asserting previously filed motion to dismiss Counts II and III of the amended complaint and brief in support (cdod)
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Blank 39 Filed: 6/11/2003, Entered: 6/11/2003, Terminated: 9/2/2003 Answer to Amended Complaint
ANSWER by Steven V. Sahr Sr. to second amended complaint (clerk)
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Blank 38 Filed: 6/6/2003, Entered: 6/9/2003 Answer to Amended Complaint
ANSWER by J. Henry Holland (Attorney ) to amended complaint (cdod)
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Blank -- Filed: 6/2/2003, Entered: 6/2/2003 Summons Issued
SUMMONS(ES) issued for Wilkie Mfg., Inc. on amended complaint with mag. notice, other notices, and findis. mailed to counsel for plaintiff for service by Secretary of the Commonwealth (cdod)
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Blank 37 Filed: 5/29/2003, Entered: 6/2/2003 Affidavit of Service
Affidavit for service of process on the Secretary of the Commonwealth re: Wilkie Mfg., Inc. (cdod)
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Blank 36 Filed: 5/29/2003, Entered: 6/2/2003 Amended Complaint
AMENDED COMPLAINT by Sherri L. Oliver, Whitt, Roger W.against Wilkie Mfg., Inc.; (Answer due 6/23/03 for Wilkie Mfg., Inc.,( for J. Henry Holland, for William M. Jones Jr., for Steven V. Sahr Sr., for Cardinal Sign if they so choose; se order ) amending amended complaint by Sherri L. Oliver; jury demand (cdod)
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Blank 35 Filed: 5/23/2003, Entered: 5/23/2003 OrderCourt Filing
Agreed ORDER that the plaintiffs have leave to amend their complaint as requested to include Wilkie Mfg., Inc. as a party defendant herein and that service be made of the amended complaint on the defendant Wilkie Mfg., Inc. and that they shall have twenty days from the date of such service in which to file such responsive pleadings thereto as they may be advised; the current defendants may file responsive pleadings in response thereto as they may be advised. agreed, entered 05/22/03 and filed 05/23/03 ( signed by Judge Henry C. Morgan Jr. ) Copies Mailed: 05/23/03 [EOD Date: 5/23/03] (cdod)
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Blank 34 Filed: 5/22/2003, Entered: 5/22/2003 Reply to Response to Motion
REPLY by Cardinal Sign to response to [30-1] motion to Dismiss Counts III, IV and V of the amended complaint received (cdod)
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Blank 33 Filed: 5/19/2003, Entered: 5/19/2003 OrderCourt Filing
Agreed ORDER that the law firm of Taylor & Walker, P.C., James E. Brydges, Jr., Esquire and Richard W. Zahn, Jr., Esquire, be and hereby are substituted as counsel of record for the defendant, J. Henry Holland Company The appearance by Douglas J. May, Esquire and the Law Offices of Steven K. Kelly, is hereby withdrawn; agreed, entered and filed 05/19/03 ( signed by Judge Henry C. Morgan Jr. ) Copies Mailed: 05/19/03 [EOD Date: 5/19/03] (cdod)
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Blank 32 Filed: 5/15/2003, Entered: 5/16/2003 Memorandum in Opposition
MEMORANDUM by Sherri L. Oliver, Steven V. Sahr Sr. in opposition to [30-1] motion by Cardinal Sign to Dismiss Counts III, IV and V of the amended complaint received (cdod)
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Blank 31 Filed: 4/28/2003, Entered: 4/28/2003 Memorandum in Support
MEMORANDUM by Cardinal Sign in support of [30-1] motion to Dismiss Counts III, IV and V of the amended complaint (cdod)
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Blank 30 Filed: 4/28/2003, Entered: 4/28/2003, Terminated: 9/2/2003 Motion to Dismiss
MOTION by Cardinal Sign to Dismiss Counts III, IV and V of the amended complaint (cdod)
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Blank 29 Filed: 4/28/2003, Entered: 4/28/2003, Terminated: 9/2/2003 Answer to Amended Complaint
ANSWER by Cardinal Sign (Attorney ) to amended complaint (cdod)
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Blank 28 Filed: 4/15/2003, Entered: 4/17/2003 OrderCourt Filing
Agreed ORDER, that the law firm of Furniss, Davis, Rashkind and Saunders, P.C., Alan B. Rashkind, Esquire and James A. Cales III, Esquire, be and hereby are substituted as counsel of record for the defendant Steven W. Sahr, Sr., d/b/a Steve's Mobile Repair Service, for the law firm of Isaac, Brandt, Ledman & Teetor, LLP and Patrick M. Pickett, Esquire agreed, entered and filed 04/15/03 ( signed by Judge Henry C. Morgan Jr. ) Copies Mailed: 04/16/03 [EOD Date: 4/17/03] (cdod)
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Blank 27 Filed: 4/15/2003, Entered: 4/15/2003, Terminated: 9/2/2003 Answer to Amended Complaint
ANSWER by Steven V. Sahr Sr. (Attorney Alan Brody Rashkind) to amended complaint (cdod)
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Blank 26 Filed: 4/10/2003, Entered: 4/11/2003 Answer to Amended Complaint
ANSWER by J. Henry Holland (Attorney Richard William Zahn Jr.) to amended complaint (cdod)
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Blank 25 Filed: 4/8/2003, Entered: 4/8/2003 Remark
Letter filed by plaintiff Sherri L. Oliver, plaintiff Whitt, Roger W. re: they will not be filing a response to [3-1] motion by Cardinal Sign to Dismiss Counts I and III (cdod)
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Blank 24 Filed: 4/4/2003, Entered: 4/4/2003 Discovery - Miscellaneous
Rule 26 Disclosure by William M. Jones Jr. (cdod)
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Blank 23 Filed: 4/3/2003, Entered: 4/4/2003 Amended Complaint
AMENDED COMPLAINT by Sherri L. Oliver ; amending the initial complaint in this matter to include the addition of a co-administrator; jury demand (cdod)
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Blank 22 Filed: 3/26/2003, Entered: 3/27/2003 Memorandum in Support
MEMORANDUM by Cardinal Sign in support of [3-1] motion by Cardinal Sign to Dismiss Counts I and III received (cdod)
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Blank 21 Filed: 3/26/2003, Entered: 3/27/2003 OrderCourt Filing
Rule 16(b) Scheduling Order: Setting Jury Trial for 10:00 am on 10/8/03 at Norfolk. Trial by jury has been demanded. Proposed voir dire and typewritten jury instructions, with authorities in support thereof, shall be delivered to the Clerk on or before October 1, 2003. Expert witnesses to be identified by 06/09/03; disclosure outlined in Rule 26 (a)(2)(B) by 07/09/03; response to disclosure by 08/08/03; rebuttal by 08/22/03; discovery by plaintiff(s) on or before 07/30/03 and defendant(s) on or before 08/27/03; discovery/deposition in lieu of witness at trial concluded by 09/03/03; pretrial disclosures to be delivered to all counsel and unrepresented parties on or before 09/19/03; objections delivered by 09/24/03; an attorney's conference is set for 09/19/03 at 2:00 pm; a final pretrial conference shall be conducted on 09/26/03 at 10:30 am; It having been represented by counsel that the correct name of defendant, Steve's Mobile Repair Service, is Steven V. Sahr, Sr., d/b/a Steve's Mobile Repair Service, it is ordered that all pleadings be, and they hereby are, changed to indicate the correct name of the defendant. Cardinal Sign Corporation shall file a contemplated motion to dismiss counts I and III with brief on March 27, 2003. Plaintiff's brief in opposition shall be received on April 7, 2003. If no hearing is arranged by April 9, 2003, the Clerk shall refer the file for decision without hearing on April 11, 2003.The parties agree that counsel for plaintiff will file within fourteen days of the Rule 16(b) conference an amended complaint which will include the addition of a co-administrator, who is a Virginia resident, and any substantive amendments that plaintiff may be so advised to plead. entered 03/20/03 filed 03/26/03 ( signed by Magistrate Judge James E. Bradberry ) Copies Mailed: 03/26/03 (cdod)
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Blank -- Filed: 3/20/2003, Entered: 3/27/2003 Discovery Hearing
16(b) Conference held (cdod)
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Blank 20 Filed: 2/27/2003, Entered: 2/28/2003 OrderCourt Filing
ORDER:26(f) attorneys' conference set 03/10/03 at 2:00 pm; 16(b) scheduling conference set 1:30 pm on 3/20/03; initial disclosure 04/03/03; no party required to respond to discovery sooner than 04/14/03; entered 02/27/03 and filed 02/27/03 ( signed by Magistrate Judge James E. Bradberry ) Copies Mailed: 02/28/03 (cdod)
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Blank 19 Filed: 2/25/2003, Entered: 2/26/2003 Notice of Appearance
NOTICE of Attorney Appearance for Sherri L. Oliver by Michael F. Imprevento (cdod)
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Blank -- Filed: 2/19/2003, Entered: 2/19/2003 Miscellaneous Document
Referred for 16(b) Conference (cdod)
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Blank 18 Filed: 2/18/2003, Entered: 2/19/2003 OrderCourt Filing
ORDER that William M. Jones, Jr., t/a Pro-Mech Services Of Tidewater is substituted as a party defendant for Pro-Mech Services of Tidewater; at this point, William M. Jones, Jr. is appearing pro se and all parties will proceed accordingly; entered and filed 02/18/03 ( signed by Judge Henry C. Morgan Jr. ) Copies Mailed: 02/19/03 [EOD Date: 2/19/03] (cdod)
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Blank 17 Filed: 2/14/2003, Entered: 2/14/2003 Financial Disclosure Statement
Financial Interest Disclosure Statement (Local Rule 7.1) by Steve's Mobile (cdod)
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Blank 16 Filed: 2/14/2003, Entered: 2/14/2003, Terminated: 9/2/2003 Response
RESPONSE by Pro-Mech Services; William Jones; to [11-1] order set Respond Deadline 2/27/03 (cdod)
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Blank 15 Filed: 2/13/2003, Entered: 2/13/2003 Memorandum in Support
MEMORANDUM by J. Henry Holland in support of [14-1] motion for Leave to File amended answer received (cdod)
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Blank 14 Filed: 2/13/2003, Entered: 2/13/2003, Terminated: 6/30/2003 Motion for Leave to File
MOTION by J. Henry Holland for Leave to File amended answer (cdod)
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Blank 13 Filed: 2/12/2003, Entered: 2/12/2003 Financial Disclosure Statement
Financial Interest Disclosure Statement (Local Rule 7.1) by J. Henry Holland (cdod)
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Blank 12 Filed: 2/10/2003, Entered: 2/11/2003 Notice of Appearance
NOTICE of Attorney Appearance for J. Henry Holland by James Edward Brydges Jr., Richard William Zahn Jr. (cdod)
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Blank 11 Filed: 2/7/2003, Entered: 2/7/2003 OrderCourt Filing
ORDER directing William M. Jones to file a declaration in this Court, under penalty of perjury, within ten days of the date of entry of this order set Respond Deadline 2/27/03 thereafter an order will issue determining whether the motion may be filed pro se; entered and filed 02/07/03 ( signed by Judge Henry C. Morgan Jr. ) Copies Mailed: 02/07/03 [EOD Date: 2/7/03] (cdod)
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Blank 10 Filed: 2/3/2003, Entered: 2/3/2003 Financial Disclosure Statement
Financial Interest Disclosure Statement (Local Rule 7.1) by Cardinal Sign with one copy (cdod)
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Blank 9 Filed: 2/3/2003, Entered: 2/3/2003 RemarkCourt Filing
Limited Consent to Proceed Before a United States Magistrate Judge filed by defendant Cardinal Sign (cdod)
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Blank 8 Filed: 1/31/2003, Entered: 1/31/2003 Notice
NOTICE of Withdrawal of Counsel by Cardinal Sign (foreign counsel John C. Nemeth and David A. Herd of JOHN C. NEMETH & ASSOCIATES) (cdod)
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Blank 7 Filed: 1/30/2003, Entered: 1/31/2003 Notice of Appearance
NOTICE of Attorney Appearance for Steve's Mobile by Alan Brody Rashkind, James Arthur Cales III (cdod)
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Blank 6 Filed: 1/22/2003, Entered: 1/22/2003 Remark
Certificate of Mailing filed by defendant Cardinal Sign (cdod)
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Blank 5 Filed: 1/22/2003, Entered: 1/22/2003 Notice
NOTICE of Filing Discovery by Cardinal Sign (cdod)
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Blank 4 Filed: 1/22/2003, Entered: 1/22/2003, Terminated: 9/2/2003 Answer
ANSWER to Complaint by Cardinal Sign (Attorney ), (cdod)
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Blank 3 Filed: 1/22/2003, Entered: 1/22/2003, Terminated: 6/30/2003 Motion to Dismiss
MOTION with Memorandum in Support by Cardinal Sign to Dismiss Counts I and III of the complaint (cdod)
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Blank 2 Filed: 1/22/2003, Entered: 1/22/2003 Notice of Appearance
NOTICE of Attorney Appearance for Cardinal Sign by Brian Allen Cafritz, Robert Edward Worst, Justin Michael Beall (cdod)
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Blank -- Filed: 1/21/2003, Entered: 1/21/2003 Docket Annotation
Mag. notice, other notices and financial disclosures mailed to counsel (cdod)
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Blank 1 Filed: 1/17/2003, Entered: 1/21/2003 Answer
ANSWER to Complaint by J. Henry Holland (Attorney ), (cdod)
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Blank 1 Filed: 1/17/2003, Entered: 1/21/2003 Answer
ANSWER to Complaint by Cardinal Sign (Attorney ), (cdod)
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Blank 1 Filed: 1/17/2003, Entered: 1/21/2003 Answer
ANSWER to Complaint by Steve's Mobile (Attorney ), (cdod)
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Blank 1 Filed: 1/17/2003, Entered: 1/21/2003 Answer
ANSWER to Complaint by Pro-Mech Services; William M. Jones representing his company pro se; this document was included with original pleadings from Ohio (cdod)
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Blank 1 Filed: 1/17/2003, Entered: 1/17/2003, Terminated: 3/20/2003 Motion to Dismiss
MOTION by Pro-Mech Services to Dismiss (jcow)
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Blank 1 Filed: 1/17/2003, Entered: 1/17/2003, Terminated: 3/20/2003 Motion to Dismiss
MOTION by Cardinal Sign Corporation to Dismiss (jcow)
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Blank 1 Filed: 1/17/2003, Entered: 1/17/2003, Terminated: 3/20/2003 Motion to Dismiss
MOTION by J. Henry Holland to Dismiss (jcow)
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Blank 1 Filed: 1/17/2003, Entered: 1/17/2003, Terminated: 3/20/2003 Motion to Dismiss
MOTION by Steve's Mobile Repair Service to Dismiss (jcow)
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Blank 1 Filed: 1/17/2003, Entered: 1/17/2003 Case Transferred In - District Transfer
Original file, certified copy of transfer order and docket sheet received from District of Southern District of Ohio. See case file for documents No. 1-13 filed in Columbus, Ohio. (jcow)
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Blank -- Filed: 1/17/2003, Entered: 1/17/2003 Miscellaneous Document
CASE REFERRED to Magistrate Judge James E. Bradberry (jcow)
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