Carpenter v. Carroll, Pinto, Inc., et al

Federal Civil Lawsuit Virginia Eastern District Court, Case No. 2:04-cv-00758-RBS-TEM
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Parties
No Logo Natalie G. Carpenter, Plaintiff

Represented by Harmon, Claytor, Corrigan & Wellman, PC

Name Phone Fax E-Mail
Space Richard K. Bennett +1 804 747 5200 +1 804 747 6086 rbennett@hccw.com
Space Joseph Robinson +1 804 747 5200
Space Stanley Paul Wellman +1 804 747 5200 +1 804 747 6085 swellman@hccw.com
v.
No Logo Carlos Pinto, Defendant

Represented by McGuireWoods LLP

No Logo Carroll, Pinto, Inc., Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space John Stephen Wilson +1 757 628 5500 +5371 537 537 1010

Represented by WILLCOX & SAVAGE

No Logo Carroll, Pinto, Inc. Employees Pension Trust, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space John Stephen Wilson +1 757 628 5500 +5371 537 537 1010

Represented by WILLCOX & SAVAGE

No Logo Carroll, Pinto, Inc. Employees Profit Sharing Plan, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space John Stephen Wilson +1 757 628 5500 +5371 537 537 1010

Represented by WILLCOX & SAVAGE

No Logo George Carroll, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space William Richard Savage, III +1 804 539 3474
No Logo Carlos Pinto, Cross-Defendant

Represented by McGuireWoods LLP

No Logo George Carroll, Cross-Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space William Richard Savage, III +1 804 539 3474
Other Parties
No Logo Carroll, Pinto, Inc., Cross-Claimant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space John Stephen Wilson +1 757 628 5500 +5371 537 537 1010

Represented by WILLCOX & SAVAGE

No Logo Carroll, Pinto, Inc. Employees Pension Trust, Cross-Claimant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space John Stephen Wilson +1 757 628 5500 +5371 537 537 1010

Represented by WILLCOX & SAVAGE

No Logo Carroll, Pinto, Inc. Employees Profit Sharing Plan, Cross-Claimant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space John Stephen Wilson +1 757 628 5500 +5371 537 537 1010

Represented by WILLCOX & SAVAGE

No Logo George Carroll, Cross-Claimant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space William Richard Savage, III +1 804 539 3474
Attributes
Office Norfolk
Filed 12/20/2004
Jury Demand None
Demand $100000
Nature of Suit 791 - Labor: Employee Retirement Income Security Act (ERISA)
Cause Section 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits
Jurisdiction Federal Question
Disposition Judgment - Other
County Richmond City
Terminated 6/24/2005
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case '05-1800'['USCA Fourth Circuit']
Def Custody Status
Flag CLOSED
Timeline
  Entries (75) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 56 Filed: 3/30/2006, Entered: 4/4/2006 USCA Judgment
Certified copy of USCA JUDGMENT as to [54] Notice of Appeal filed by Natalie G. Carpenter, affirming the judgment of the district court. (jcow, )
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Blank 55 Filed: 3/8/2006, Entered: 3/8/2006, Terminated: 3/30/2006 USCA Mandate
Opinion of USCA (Copy), affirming the judgment of the district court, re [54] Notice of Appeal, attached copy of judgment will not take effect until issuance of the mandate. (jcow, )
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Blank -- Filed: 8/10/2005, Entered: 8/10/2005, Terminated: 3/30/2006 Certificate of Completion
Certificate of Completion re [54] Notice of Appeal (jcow, )
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Blank -- Filed: 7/28/2005, Entered: 7/29/2005 USCA Case Number
USCA Case Number 05-1800; Lisa Jernigan; USCA Fourth Circuit for [54] Notice of Appeal filed by Natalie G. Carpenter. (jcow, )
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Blank 54 Filed: 7/22/2005, Entered: 7/22/2005, Terminated: 3/30/2006 Notice of Appeal
NOTICE OF APPEAL by Natalie G. Carpenter. Filing fee $255, receipt number 48599. (jcow, )
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Blank -- Filed: 7/22/2005, Entered: 7/22/2005, Terminated: 3/30/2006 Transmission of Notice of Appeal to 4CCA
Transmission of Notice of Appeal, final order, judgment and Docket Sheet to US Court of Appeals re [54] Notice of Appeal; copy of notice of appeal to counsel of record. (jcow, )
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Blank 53 Filed: 6/24/2005, Entered: 6/27/2005 Judgment*
JUDGMENT on decision by the court that defendants' motions for summary judgment are GRANTED; plaintiff's cross-motion for summary judgment is DENIED; and the cross-claims filed by defendants Carroll Pinto, the Profit Sharing Plan, the Pension Trust, and Dr. Carroll are DISMISSED as MOOT, entered by the Clerk and filed 6/24/05; o.b., Copies Mailed: 6/24/05 (vwar, )
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Blank 52 Filed: 6/24/2005, Entered: 6/27/2005 Order on Motion for Summary JudgmentCourt Filing
ORDER granting defendants' motions for summary judgment; denying plaintiff's cross-motion for summary judgment, dismissing as moot cross-claims filed by defendants Carroll Pinto, the Profit Sharing Plan, the Pension Trust, and Dr. Carroll, declining to award attorneys' fees, and all parties bearing their own attorneys' fees, filed and signed by Judge Rebecca Beach Smith on 6/24/05. (vwar, )
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Blank 51 Filed: 6/10/2005, Entered: 6/10/2005 OrderCourt Filing
AGREED ORDER that the deadline to deliver pretrial disclosures is extended to 6/15/05 and the deadline by which the parties shall deliver objections to disclosures is extended to 6/17/05, all other dates set forth in the 16(b) Scheduling Order shall remain the same, entered and filed 6/10/05.. Signed by Judge Tommy E. Miller on 6/10/05. Copies mailed: 6/10/05.(jcow, )
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Blank 50 Filed: 6/6/2005, Entered: 6/7/2005 Response
Supplemental Brief in Response to [46] Order, filed by Carroll, Pinto, Inc., Carroll, Pinto, Inc. Employees Pension Trust, Carroll, Pinto, Inc. Employees Profit Sharing Plan, with original affidavits of John M. Peterson and Gloria Pintoreceived. (vwar, ) Modified on 6/7/2005 to add affidavits (vwar, ).
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Blank 49 Filed: 6/6/2005, Entered: 6/7/2005 Response
Supplemental Brief in Response to [46] Order, filed by Carlos Pinto, received. (vwar, )
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Blank 48 Filed: 6/6/2005, Entered: 6/7/2005 Response
Supplemental Brief in Response to [46] Order, filed by George Carroll, received. (vwar, )
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Blank 47 Filed: 6/3/2005, Entered: 6/7/2005 Response
Supplemental Brief in Response to [46] Order, filed by Natalie G. Carpenter, received. (vwar, )
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Blank 46 Filed: 5/20/2005, Entered: 5/23/2005 OrderCourt Filing
ORDER that the parties are to file supplemental briefs regarding the motions for summary judgment, briefs shall be filed within 15 days of the date of this order, entered and filed 5/20/05. Signed by Judge Rebecca Beach Smith on 5/20/05. Copies mailed: 5/20/05(jcow, )
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Blank 45 Filed: 5/10/2005, Entered: 5/17/2005 Response to Motion
RESPONSE to [42] MOTION to Strike Motion for Summary Judgment filed by Natalie G. Carpenter; received (dken, )
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Blank -- Filed: 5/4/2005, Entered: 5/4/2005 set motion and R&R; deadlines/hearings
Set Deadlines as to reply to response to [39] Motion for Summary Judgment. Replies due by 5/10/2005. (dken, )
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Blank 44 Filed: 5/3/2005, Entered: 5/4/2005 Response
Response to [39] Motion for Summary Judgment filed by Carroll, Pinto, Inc., Carroll, Pinto, Inc. Employees Pension Trust, Carroll, Pinto, Inc. Employees Profit Sharing Plan and JOINDER in Motion to Strike; received (dken, )
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Blank 43 Filed: 5/3/2005, Entered: 5/4/2005 Memorandum in Support
Memorandum in Support re [42] MOTION to Strike plaintiff's motion for summary judgment filed by Carlos Pinto; received (dken, )
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Blank 42 Filed: 5/3/2005, Entered: 5/4/2005 Motion to Strike
MOTION to Strike plaintiff's motion for summary judgment by Carlos Pinto. Responses due by 5/17/2005 (dken, )
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Blank -- Filed: 5/3/2005, Entered: 5/4/2005 set motion and R&R; deadlines/hearings
Set Deadlines as to reply to response to [39] Motion for Summary Judgment. Replies due by 5/11/2005. (dken, )
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Blank 41 Filed: 5/2/2005, Entered: 5/4/2005 Response
Response to plaintiff's motion for summary judgment filed by George Carroll; received (dken, )
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Blank 40 Filed: 4/22/2005, Entered: 4/26/2005 Memorandum in Support
MEMORANDUM in support of [39-1] motion by Natalie G. Carpenter for Summary Judgment on liability; received (dken)
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Blank 39 Filed: 4/22/2005, Entered: 4/26/2005 Motion for Summary Judgment
MOTION by Natalie G. Carpenter for Summary Judgment on liability (dken)
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Blank 38 Filed: 4/15/2005, Entered: 4/15/2005 OrderCourt Filing
ORDER Extending Time for response to Motion for Summary Judgment until 3/23/05, and defs reply is extended to 3/30/05 ; entered and filed 4/15/05; (signed by Judge Rebecca B. Smith ) Copies Mailed: 4/15/05 [EOD Date: 4/15/05] (dken)
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Blank 37 Filed: 4/7/2005, Entered: 4/8/2005 Reply to Response to Motion
REPLY by George Carroll to plaintiff's response to [28-1] motion by Carlos Pinto for Summary Judgment; received late; adopting and incorporating rebuttal to plaintiff's memorandum in opposition to defendants' motions for summary judgment filed by defendant Carlos Pinto, M.D. (mwin)
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Blank 36 Filed: 3/31/2005, Entered: 4/4/2005 Reply to Response to Motion
REPLY to response to [30-1] motion by George Carroll for Summary Judgment; received (dken)
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Blank 35 Filed: 3/30/2005, Entered: 4/4/2005 Reply to Response to Motion
REPLY to response to [28-1] motion by Carlos Pinto for Summary Judgment; received (dken)
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Blank 34 Filed: 3/23/2005, Entered: 3/24/2005 Memorandum in Opposition
MEMORANDUM by Natalie G. Carpenter in opposition to [30-1] motion for Summary Judgment by George Carroll, [28-1] motion by Carlos Pinto for Summary Judgment; received (dken)
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Blank 33 Filed: 3/16/2005, Entered: 3/21/2005 Notice
NOTICE of Joining in summary judgment motion filed by Carlos Pinto M.D. by Employees Profit, Employees Pension, Carroll, Pinto, Inc. (dken)
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Blank 32 Filed: 3/14/2005, Entered: 3/16/2005 Motion for Extension
MOTION by Natalie G. Carpenter to Extend Time (dken)
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Blank 31 Filed: 3/7/2005, Entered: 3/7/2005 Memorandum in Support
MEMORANDUM by George Carroll in support of [30-1] motion by George Carroll for Summary Judgment, received (lbax)
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Blank 30 Filed: 3/7/2005, Entered: 3/7/2005, Terminated: 6/24/2005 Motion for Summary Judgment
MOTION by George Carroll for Summary Judgment (lbax)
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Blank -- Filed: 3/7/2005, Entered: 3/7/2005 Set/Reset Deadlines:
Response Motion Deadline 3/21/05 - to deft. George Carroll's motion for sum jgm (lbax)
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Blank 29 Filed: 3/2/2005, Entered: 3/3/2005 Affidavit
AFFIDAVIT of Gloria Pinto, wife of Dr. Carlos Pinto Re: [29-1] support memorandum by Carlos Pinto (dken)
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Blank 29 Filed: 3/2/2005, Entered: 3/3/2005 Affidavit
AFFIDAVIT of John Peterson, partner w/Goodman & Company Re: [29-1] support memorandum by Carlos Pinto (dken)
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Blank 29 Filed: 3/2/2005, Entered: 3/3/2005 Memorandum in Support
MEMORANDUM in support of [28-1] motion for Summary Judgment by Carlos Pinto; received (dken)
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Blank 28 Filed: 3/2/2005, Entered: 3/3/2005 Motion for Summary Judgment
MOTION by Carlos Pinto for Summary Judgment (dken)
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Blank 27 Filed: 1/21/2005, Entered: 1/21/2005 OrderCourt Filing
Rule 16(b) Scheduling Order: Trial set for 11:00 7/13/05 in Norfolk. Trial by jury has not been demanded. Discovery by plaintiff(s) due on or before 5/4/05 and by defendant(s) on or before 6/1/05; final pretrial conference shall be held at 6/24/05 @ 11:30 a.m.; proposed findings of fact and conclusions of law shall be delivered to the Clerk on or before 7/6/05; entered 1/20/05; filed 1/20/05; ( signed by Mag Judge Tommy E. Miller ) Copies Mailed: 1/21/05 (dken)
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Blank -- Filed: 1/20/2005, Entered: 1/21/2005 Discovery Hearing
16(b) Conference held by telephone (dken)
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Blank 26 Filed: 1/18/2005, Entered: 1/19/2005 Answer to Crossclaim
ANSWER by Carlos Pinto to [25-1] cross claim by George Carroll (dken)
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Blank 23 Filed: 1/4/2005, Entered: 1/4/2005 OrderCourt Filing
26(f) Order: 16(b) scheduling conference set 9:00 a.m. on 1/21/05; entered: 1/3/05; filed: 1/4/05; ( signed by Mag Judge Tommy E. Miller ) Copies Mailed: 1/4/05 (vwar)
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Blank 25 Filed: 1/3/2005, Entered: 1/5/2005 Crossclaim
CROSSCLAIM by George Carroll against Carlos Pinto (vwar)
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Blank 24 Filed: 1/3/2005, Entered: 1/5/2005 Answer to Crossclaim
ANSWER by George Carroll to [22-2] cross claim by Employees Profit, Employees Pension, Carroll, Pinto, Inc. (vwar)
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Blank -- Filed: 1/3/2005, Entered: 1/3/2005 Miscellaneous Document
CASE REFERRED to Mag Judge Tommy E. Miller (vwar)
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Blank 22 Filed: 12/30/2004, Entered: 1/4/2005 Answer
ANSWER to complaint and CROSSCLAIM by Carroll, Pinto, Inc., Employees Pension, Employees Profit against George Carroll, Carlos Pinto (vwar)
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Blank -- Filed: 12/29/2004, Entered: 12/30/2004 Pretrial Conference - Initial
Initial pretrial conference set at 9:00 1/21/05 before Judge Rebecca B. Smith (dken)
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Blank -- Filed: 12/21/2004, Entered: 12/21/2004 Miscellaneous Document
Referred for 16(b) Conference (dken)
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Blank -- Filed: 12/20/2004, Entered: 12/21/2004 Docket Annotation
Order dated 12/17/04 DENIES defs' motions to dismiss; docket entry of 12/17/04 incorrectly states motions are granted (dken)
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Blank -- Filed: 12/20/2004, Entered: 12/20/2004 Miscellaneous Document
CASE REFERRED to Mag Judge F. B. Stillman (dken)
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Blank -- Filed: 12/20/2004, Entered: 12/20/2004 Case Assigned/Reassigned
CASE assigend to Judge Rebecca B. Smith (dken)
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Blank -- Filed: 12/20/2004, Entered: 12/20/2004 Case Transferred In - Divisional Transfer
Original file, certified copy of transfer order and docket sheet received from Richmond Division; see file for documents 1-20 (dken)
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Blank 21 Filed: 12/17/2004, Entered: 12/17/2004 OrderCourt Filing
ORDER granting [10-1] motion by George Carroll to Dismiss, granting [10-2] motion by George Carroll to Transfer Venue, granting [8-1] motion by Employees Profit, Employees Pension, Carroll, Pinto, Inc. to Dismiss, granting [8-2] motion by Employees Profit, Employees Pension, Carroll, Pinto, Inc. to Transfer Case, granting [6-1] motion by Carlos Pinto to Dismiss, granting [6-2] motion by Carlos Pinto to Transfer Venue; matter is TRANSFERRED to the U.S. District Court for the Eastern District of Virginia, Norfolk Division; PTC scheduled for 01/13/05 is CANCELLED ( signed by Judge Richard L. Williams ) Copies Mailed: yes and Division Manager, Norfolk Division [EOD Date: 12/17/04] (cgar) Modified on 12/17/2004
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Blank -- Filed: 12/17/2004, Entered: 12/17/2004 Miscellaneous Document
Original pleadings, etc., and certified copy of docket sheet and order transferring case to Norfolk Division sent by UPS to Clerk's Office, USDC, Norfolk Division 600 Granby Street Norfolk, VA 23510 (cgar)
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Blank 20 Filed: 12/16/2004, Entered: 12/16/2004 Minutes-Miscellaneous
Minute entry: IN OPEN COURT: Williams, J., Gilbert Halasz, OCR. Pltf by Atty Richard K. Bennett; Deft Carroll, Pinto, Inc., Carroll Pinto, Inc. Employees Pension Trust, and Carroll Pinto, Inc. Employees Profit Sharing Plan by Atty Michael C. Laurence; and, Deft Carlos Pinto, M.D. by Atty Robert W. McFarland. Matter came on for hearing on Defts' motion to dismiss and/or Defts' motion to transfer case to Norfolk Division. Arguments had. For the reasons stated from the bench, Court denied Defts' motion to dismiss; and, granted Defts' motion to transfer case to Norfolk Division. Order to enter.(15 mins.) (jpea)
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Blank 19 Filed: 12/13/2004, Entered: 12/13/2004 Notice of Hearing.
NOTICE of Hearing: on 12/16/04 at 11:00 a.m. on Carlos Pinto's Motion to Dismiss or Transfer Venue (cgar)
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Blank 18 Filed: 12/13/2004, Entered: 12/13/2004 Notice of Hearing.
NOTICE of Hearing: on 12/16/04 at 11:00 a.m. on Dft, George Carroll's Motion to Dismiss or Transfer (cgar)
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Blank 17 Filed: 12/8/2004, Entered: 12/8/2004 Notice of Hearing.
NOTICE of Hearing: 12/16/04 at 11:00 A.M. on Motion to Dismiss or Transfer (lsal)
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Blank -- Filed: 12/8/2004, Entered: 12/8/2004 Motion Hearing
Motion hearing for Natalie G. Carpenter, Carroll, Pinto, Inc., George Carroll, Carlos Pinto, Employees Pension, Employees Profit [10-1] motion by George Carrollto Dismiss set at 11:00 12/16/04, [6-1] motion by Carlos Pinto to Dismiss set at 11:00 12/16/04 before Judge Richard L. Williams (jpea)
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Blank 16 Filed: 11/30/2004, Entered: 11/30/2004 Reply to Response to Motion
REPLY by Carlos Pinto to plaintiff's response to [6-1] motion by Carlos Pinto to Dismiss; [6-2] motion by Carlos Pinto to Transfer Venue (lsal)
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Blank 15 Filed: 11/26/2004, Entered: 11/26/2004 Reply to Response to Motion
REPLY by Carroll, Pinto, Inc., Employees Pension, Employees Profit to response to [8-1] motion by Employees Profit, Employees Pension, Carroll, Pinto, Inc. to Dismiss (lsal)
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Blank 14 Filed: 11/26/2004, Entered: 11/26/2004 Scheduling OrderCourt Filing
SCHEDULING ORDER setting Pretrial Conference for 9:15 1/13/05 ; ( signed by Judge Richard L. Williams ) Copies Mailed: yes (jpea)
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Blank 13 Filed: 11/19/2004, Entered: 11/19/2004 Response to Motion
RESPONSE by Natalie G. Carpenter to [10-1] motion by George Carrollto Dismiss, [10-2] motion by George Carroll to Transfer Venue, [8-1] motion by Employees Profit, Employees Pension, Carroll, Pinto, Inc.to Dismiss [8-2] motion by Employees Profit, Employees Pension, Carroll, Pinto, Inc. to Transfer Case [6-1] motion by Carlos Pinto to Dismiss [6-2] motion by Carlos Pinto to Transfer Venue (cgar)
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Blank 12 Filed: 11/9/2004, Entered: 11/9/2004 Answer
ANSWER to Complaint by George Carroll (cgar)
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Blank 11 Filed: 11/9/2004, Entered: 11/9/2004 Memorandum in Support
MEMORANDUM by George Carroll in support of [10-1] motion to Dismiss [10-2] motion to Transfer Venue (cgar)
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Blank 10 Filed: 11/9/2004, Entered: 11/9/2004, Terminated: 12/17/2004 Motion to Dismiss
MOTION by George Carrollto Dismiss , or by George Carroll to Transfer Venue (cgar)
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Blank 9 Filed: 11/9/2004, Entered: 11/9/2004 Memorandum in Support
MEMORANDUM by Carroll, Pinto, Inc., Employees Pension, Employees Profit in support of [8-1] motion to Dismiss [8-2] motion to Transfer Case (cgar)
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Blank 8 Filed: 11/9/2004, Entered: 11/9/2004, Terminated: 12/17/2004 Motion to Dismiss
MOTION by Employees Profit, Employees Pension, Carroll, Pinto, Inc.to Dismiss , or by Employees Profit, Employees Pension, Carroll, Pinto, Inc. to Transfer Case (cgar)
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Blank 7 Filed: 11/9/2004, Entered: 11/9/2004 Memorandum in Support
MEMORANDUM by Carlos Pinto in support of [6-1] motion to Dismiss by Carlos Pinto, [6-2] motion to Transfer Venue (cgar)
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Blank 6 Filed: 11/9/2004, Entered: 11/9/2004, Terminated: 12/17/2004 Motion to Dismiss
MOTION by Carlos Pinto to Dismiss , or by Carlos Pinto to Transfer Venue (cgar)
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Blank 5 Filed: 11/9/2004, Entered: 11/9/2004 Answer
ANSWER to Complaint by Carlos Pinto (Attorney Amy Morrissey Turk, Robert William McFarland) (cgar)
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Blank 4 Filed: 9/29/2004, Entered: 9/29/2004 Waiver of Service Executed
WAIVER OF SERVICE Returned Executed as to Carlos Pinto 9/10/04 Answer due on 11/9/04 for Carlos Pinto (cgar)
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Blank 3 Filed: 9/22/2004, Entered: 9/22/2004 Waiver of Service Executed
WAIVER OF SERVICE Returned Executed as to George Carroll 9/10/04 Answer due on 11/9/04 for George Carroll (scoo)
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Blank 2 Filed: 9/20/2004, Entered: 9/20/2004 Waiver of Service Executed
WAIVER OF SERVICE Returned Executed as to Carroll, Pinto, Inc., Employees Pension, Employees Profit 9/10/04 Answer due on 11/9/04 for Employees Profit, for Employees Pension, for Carroll, Pinto, Inc. (cgar)
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Blank 1 Filed: 9/3/2004, Entered: 9/7/2004 Complaint
COMPLAINT Filing Fee $ 150.00 Receipt # 74982 (cgar)
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Blank -- Filed: 9/3/2004, Entered: 9/7/2004 Service - Miscellaneous
Service of complaint to be attempted by notice and waiver (cgar)
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