Fru-Con Construction v. Hamp. Rd. Sanitation

Federal Civil Lawsuit Virginia Eastern District Court, Case No. 2:93-cv-00146-jcc
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Parties
No Logo Fru-con Construction Corporation, Plaintiff

Represented by Akerman LLP

Name Phone Fax E-Mail
Space Stephen Bartels Hurlbut +1 202 393 6222 +1 202 393 5959 steve.hurlbut@akerman.com
Space Owen Joseph Shean +1 703 790 8750 +1 703 448 1767 owen.shean@akerman.com
Space Jon Michael Wickwire +1 703 790 8750

Represented by The Law Offices Of Joseph M. Sullivan, P.c.

Name Phone Fax E-Mail
Space Joseph Michael Sullivan +1 703 277 3390 +1 703 277 3392 jsullivan@jmspclaw.com
No Logo Hampton Roads Sanitation District, Counter-Claimant

Represented by McGuireWoods LLP

Name Phone Fax E-Mail
Space Steven Colin McCallum +1 804 775 1000
Space R Terrence Ney +1 703 712 5000
v.
No Logo Hampton Roads Sanitation District, Defendant

Represented by McGuireWoods LLP

Name Phone Fax E-Mail
Space Steven Colin McCallum +1 804 775 1000
Space R Terrence Ney +1 703 712 5000
No Logo Fru-con Construction Corporation, Counter-Defendant

Represented by Akerman LLP

Name Phone Fax E-Mail
Space Stephen Bartels Hurlbut +1 202 393 6222 +1 202 393 5959 steve.hurlbut@akerman.com
Space Jon Michael Wickwire +1 703 790 8750
Other Parties
No Logo Hampton Roads Sanitation District, Third Party Plaintiff

Represented by McGuireWoods LLP

Name Phone Fax E-Mail
Space Steven Colin McCallum +1 804 775 1000
Space R Terrence Ney +1 703 712 5000
No Logo Montgomery Watson Americas, Inc., Third Party Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Elizabeth Hoyes Esinhart +1 757 628 5500

Represented by Ober, Kaler, Grimes & Shriver, PC

Name Phone Fax E-Mail
Space Paul S Sugar +1 410 685 1120 +1 410 547 0699 pssugar@ober.com
Space John Anthony Wolf +1 410 685 1120 +1 410 547 0699 jawolf@ober.com

Represented by WILLCOX & SAVAGE

Name Phone Fax E-Mail
Space John Yeardley Pearson, Jr. +1 757 628 5503 +1 757 628 5566
Attributes
Office Norfolk
Filed 2/19/1993
Jury Demand Plaintiff
Demand $1100000
Nature of Suit 190 - Contract: Other Contract Actions
Cause Section 28 U.S.C. § 1332 Diversity-Breach of Contract
Jurisdiction Diversity
Disposition Dismissed - Settled
County Out of State
Terminated 1/4/1994
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flag CLOSED
Timeline
  Entries (85) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 74 Filed: 1/4/1994, Entered: 1/4/1994 Order
AGREED ORDER OF DISMISSAL wherein plaintiff's complaint is dismissed, with prejudice; further ordering that HRSD's counterclaim and third-party complaint are dismissed, with prejudice; entered 1/3/94; filed 1/4/94; JCC, Jr., j.; copies mailed 1/4/93; o.b. (afor)
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Blank -- Filed: 1/4/1994, Entered: 1/4/1994 Case Assigned/Reassigned
CASE assigned to Judge J. C. Clarke Jr. (afor)
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Blank -- Filed: 1/4/1994, Entered: 1/4/1994 Terminated Case
Case closed (afor)
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Blank 73 Filed: 12/7/1993, Entered: 12/7/1993 Order
ORDER that the final pretrial conference scheduled for 12/17/93 is continued until further order of the court; entered and filed 12/7/93; JCC, Jr., j.; copies to parties as directed 12/7/93. (afor)
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Blank 72 Filed: 12/2/1993, Entered: 12/2/1993 Order
ORDER that depositions of expert witnesses shall be taken from 11/30/93 through 12/10/93; that defendant/3d party plaintiff shall provide supplemental interrogatories answers describing Dan Romm's expected testimony by 12/2/93; that any work papers prepared or documents relied upon by experts retained to testify shall be made available to opposing counsel on or before the date of their deposition, etc.; rescheduling the attorney's conference for 2:00 p.m. on 12/3/93 to 2:00 p.m. on 12/10/93; entered and filed 12/2/93; JCC, Jr., j.; copies mailed 12/2/93. (afor)
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Blank -- Filed: 11/23/1993, Entered: 11/23/1993 Minutes-Miscellaneous
MINUTE ENTRY: JCC, Jr., j.; Kerry Zahn, ct. rptr.; appearances by counsel; matter came on for hearing on motions for summary judgment; argued; [45-1] motion by Hamp. Rd. Sanitation for Summary Judgment under advisement, [43-1] motion by Montgomery Watson for Summary Judgment dismissing Fru-Con's complaint under advisement, [40-1] motion by Montgomery Watson for Summary Judgment dismissing HRSD's third-party complaint under advisement; court allowed plaintiff 10 days to respond to defendants' motion to strike affidavits and exhibits; court adjourned. (afor)
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Blank -- Filed: 11/23/1993, Entered: 11/23/1993 Motion Hearing
Motion hearing held re: [45-1] motion by Hamp. Rd. Sanitation for Summary Judgment [43-1] motion by Montgomery Watson for Summary Judgment dismissing Fru-Con's complaint and [40-1] motion by Montgomery Watson for Summary Judgment dismissing HRSD's third-party complaint (afor)
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Blank 71 Filed: 11/22/1993, Entered: 11/22/1993 Affidavit
AFFIDAVIT of Matthew Ellis Re: [63-1] opposition memorandum by Fru-Con Construction (afor)
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Blank 70 Filed: 11/18/1993, Entered: 11/18/1993 Affidavit
AFFIDAVIT of Owen J. Shean Re: [68-1] motion by Fru-Con Construction to Strike, or, in the alternative, [68-2] motion to Continue the hearing on motions for summary judgment, and [68-3] motion by Fru-Con Construction for Leave to File supplemental responses (afor)
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Blank 69 Filed: 11/18/1993, Entered: 11/18/1993 Memorandum in Support
MEMORANDUM by Fru-Con Construction in support of [68-1] motion by Fru-Con Construction to Strike or, in the alternative, [68-2] motion to Continue the hearing on motions for summary judgment and [68-3] motion by Fru-Con Construction for Leave to File supplemental responses, received. (afor)
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Blank 68 Filed: 11/18/1993, Entered: 11/18/1993, Terminated: 1/4/1994 Motion to Strike
MOTION by Fru-Con Construction to Strike affidavits, exhibits and related portions of briefs filed by HRSD and Montgomery Watson or, in the alternative, to Continue the hearing on motions for summary judgment , and motion by Fru-Con Construction for Leave to File supplemental responses to replies of HRSD and Montgomery Watson (afor)
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Blank 67 Filed: 11/18/1993, Entered: 11/18/1993 Notice of Hearing.
NOTICE of Hearing: 11/23/93 at 10:00 o plaintiff's motion to strike (afor)
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Blank 66 Filed: 11/15/1993, Entered: 11/16/1993 Reply to Response to Motion
REPLY by Hamp. Rd. Sanitation to response to [45-1] motion by Hamp. Rd. Sanitation for Summary Judgment, received. (afor)
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Blank 65 Filed: 11/15/1993, Entered: 11/16/1993 Reply to Response to Motion
REPLY by Montgomery Watson to response to [43-1] motion by Montgomery Watson for Summary Judgment dismissing Fru-Con's complaint, received. (afor)
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Blank 64 Filed: 11/12/1993, Entered: 11/12/1993 Docket Annotation
Minute of WTP, USMJ re: hearing held on 11/10/93 on plaintiff's motions to compel defendants to further answer and respond to plaintiff's interrogatories and requests for production; appearances by Owen Shean for plaintiff, Steven McCallum for HRSD and Elizabeth Esinhart and David Cole for Montgomery Watson; see Minute for specifics; entered and filed 11/12/93; WTP, USMJ; copies mailed as directed 11/12/93. (afor)
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Blank -- Filed: 11/10/1993, Entered: 11/10/1993 Minutes-Miscellaneous
MINUTE ENTRY: WTP, USMJ; Sharon Borden, OCR; appearances by counsel; matter came on Fru-Con's motion to compel responses to interrogatories against Montgomery; argument; court directed any further answers or responses to be filed by 11/12/93; court states rulings on record; court adjourned. (afor)
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Blank -- Filed: 11/10/1993, Entered: 11/10/1993 Motion Hearing
Motion hearing re: [45-1] motion by Hamp. Rd. Sanitation for Summary Judgment set at 10:00 11/23/93, [43-1] motion by Montgomery Watson for Summary Judgment dismissing Fru-Con's complaint set at 10:00 11/23/93, [40-1] motion by Montgomery Watson for Summary Judgment dismissing HRSD's third-party complaint set at 10:00 11/23/93 (afor)
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Blank 63 Filed: 11/5/1993, Entered: 11/9/1993 Memorandum in Opposition
MEMORANDUM by Fru-Con Construction in opposition to [45-1] motion by Hampton Roads Sanitation for Summary Judgment and [43-1] motion by Montgomery Watson for Summary Judgment, received. (afor)
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Blank 62 Filed: 11/5/1993, Entered: 11/9/1993 Notice of Hearing.
NOTICE of Hearing: Motion Hearing set for 2:00 11/10/93 for [23-1] motion by Fru-Con Construction to Compel, set for 2:00 11/10/93 for [21-1] motion by Fru-Con Construction to Compel, set for 2:00 11/10/93 for [15-1] motion by Fru-Con Construction to Compel production of documents by third-party defendant, set for 2:00 11/10/93 for [13-1] motion by Fru-Con Construction to Compel further responses to interrogatories by third-party defendant (afor)
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Blank 61 Filed: 11/5/1993, Entered: 11/5/1993 Order
ORDER that the parties may take the deposition of Ernst Weber during the week beginning 12/5/93; entered and filed 11/5/93; copies to parties 11/5/93. (afor)
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Blank 60 Filed: 10/29/1993, Entered: 11/1/1993 Order
ORDER extending time within which defendant and third-party plaintiff may file its opposition to Montgomery Watson Americas, Inc.' motion for summary judgment dismissing HRSD's third-party complaint to and including November 5, 1993; entered and filed 10/29/93; JAM, j.; copies mailed 11/1/93. (afor)
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Blank 59 Filed: 10/29/1993, Entered: 11/1/1993 Notice
NOTICE by Montgomery Watson to take deposition of Harold McKittrick (afor)
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Blank 58 Filed: 10/29/1993, Entered: 11/1/1993 Notice
NOTICE by Montgomery Watson to take deposition of Robert Rodgers (afor)
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Blank 57 Filed: 10/29/1993, Entered: 11/1/1993 Notice
NOTICE by Montgomery Watson to take deposition of Thomas J. Martin (afor)
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Blank 56 Filed: 10/22/1993, Entered: 10/25/1993 Notice
NOTICE by Montgomery Watson to take de bene esse deposition of Alfred J. Tomasek (afor)
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Blank 55 Filed: 10/22/1993, Entered: 10/25/1993 Notice
NOTICE by Montgomery Watson to take deposition of Matt Ellis (afor)
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Blank 54 Filed: 10/22/1993, Entered: 10/25/1993 Notice
NOTICE by Montgomery Watson to take deposition of Marty Schaper (afor)
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Blank 53 Filed: 10/22/1993, Entered: 10/25/1993 Notice
NOTICE by Montgomery Watson to take deposition of an officer, director, etc. of Fru-Con (afor)
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Blank 52 Filed: 10/22/1993, Entered: 10/22/1993 Order
ORDER extending the time to November 5, 1993 for plaintiff to file opposition to defendant/third-party plaintiff's motion for summary judgment and third-party defendant's motion for summary judgment; entered and filed 10/22/93; JAM, j.; copies mailed 10/22/93. (afor)
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Blank 51 Filed: 10/22/1993, Entered: 10/22/1993 Order
ORDER extending the time within which the plaintiff may file its reply to the defendant/third-party plaintiff's opposition to plaintiff's motion to compel production of documents and further responses to interrogatories to 10/20/93; entered and filed 10/22/93; JAM, j.; copies mailed 10/22/93. (afor)
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Blank 50 Filed: 10/20/1993, Entered: 10/20/1993 Notice
NOTICE by Montgomery Watson to take deposition of Thomas J. Martin (afor)
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Blank 49 Filed: 10/20/1993, Entered: 10/20/1993 Reply to Response to Motion
REPLY by Fru-Con Construction to response by HRSD to [21-1] motion by Fru-Con Construction to Compel, received. (afor)
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Blank 48 Filed: 10/20/1993, Entered: 10/20/1993 Reply to Response to Motion
REPLY by Fru-Con Construction to response of Montgomery Watson to [13-1] motion by Fru-Con Construction to Compel further responses to interrogatories, received. (afor)
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Blank 47 Filed: 10/20/1993, Entered: 10/20/1993 Reply to Response to Motion
REPLY by Fru-Con Construction to response to oppositions of Montgomery Watson and HRSD to [23-1] motion by Fru-Con Construction to Compel and [15-1] motion by Fru-Con Construction to Compel production of documents, received. (afor)
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Blank 46 Filed: 10/18/1993, Entered: 10/19/1993 Memorandum in Support
MEMORANDUM by Hamp. Rd. Sanitation in support of [45-1] motion by Hamp. Rd. Sanitation for Summary Judgment against plaintiff, received. (afor)
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Blank 45 Filed: 10/18/1993, Entered: 10/19/1993 Motion for Summary Judgment
MOTION by Hamp. Rd. Sanitation for Summary Judgment against plaintiff (afor)
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Blank 44 Filed: 10/15/1993, Entered: 10/19/1993 Memorandum in Support
MEMORANDUM by Montgomery Watson in support of [43-1] motion by Montgomery Watson for Summary Judgment dismissing Fru-Con's complaint, received. (afor)
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Blank 43 Filed: 10/15/1993, Entered: 10/19/1993 Motion for Summary Judgment
MOTION by Montgomery Watson for Summary Judgment dismissing Fru-Con's complaint (afor)
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Blank 42 Filed: 10/15/1993, Entered: 10/19/1993 Docket Annotation
Request for hearing by Montgomery Watson on its motion for summary judgment dismissing Fru-Con's complaint (afor)
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Blank 41 Filed: 10/15/1993, Entered: 10/19/1993 Memorandum in Support
MEMORANDUM by Montgomery Watson in support of [40-1] motion by Montgomery Watson for Summary Judgment dismissing HRSD's third-party complaint, received. (afor)
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Blank 40 Filed: 10/15/1993, Entered: 10/19/1993 Motion for Summary Judgment
MOTION by Montgomery Watson for Summary Judgment dismissing HRSD's third-party complaint (afor)
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Blank 39 Filed: 10/15/1993, Entered: 10/19/1993 Docket Annotation
Request for hearing by Montgomery Watson on its motion for summary judgment dismissing HRSD's third-party complaint (afor)
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Blank 38 Filed: 10/14/1993, Entered: 10/15/1993 Order
ORDER extending the time within which plaintiff may file its reply to the third-party defendant's oppositions to plaintiff's motions to compel production of documents and further responses to interrogatories to and including 10/25/93; entered and filed 10/14/93; JAM, j.; copies mailed 10/15/93. (afor)
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Blank 37 Filed: 10/12/1993, Entered: 10/13/1993 Memorandum in Opposition
MEMORANDUM by Hamp. Rd. Sanitation in opposition to [23-1] motion by Fru-Con Construction to Compel, received. (afor)
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Blank 36 Filed: 10/12/1993, Entered: 10/13/1993 Memorandum in Opposition
MEMORANDUM by Hamp. Rd. Sanitation in opposition to [21-1] motion by Fru-Con Construction to Compel, received. (afor)
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Blank 35 Filed: 10/5/1993, Entered: 10/6/1993 Notice
NOTICE by Montgomery Watson to take deposition of Edward Romm (afor)
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Blank 34 Filed: 10/5/1993, Entered: 10/6/1993 Notice
NOTICE by Montgomery Watson to take deposition of James Borberg (afor)
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Blank 33 Filed: 10/5/1993, Entered: 10/6/1993 Notice
NOTICE by Montgomery Watson to take deposition of Ernest Weber (afor)
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Blank 32 Filed: 10/5/1993, Entered: 10/6/1993 Notice
NOTICE by Montgomery Watson to take deposition of Malcolm Pirnie (afor)
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Blank 31 Filed: 10/5/1993, Entered: 10/6/1993 Notice
NOTICE by Montgomery Watson to take deposition of James Short (afor)
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Blank 30 Filed: 10/5/1993, Entered: 10/6/1993 Notice
NOTICE by Montgomery Watson to take deposition of Richard Norman (afor)
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Blank 29 Filed: 10/5/1993, Entered: 10/6/1993 Notice
NOTICE by Montgomery Watson to take deposition of Matt Ellis (afor)
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Blank 28 Filed: 10/5/1993, Entered: 10/6/1993 Notice
NOTICE by Montgomery Watson to take deposition of Alfred J. Tomasek (afor)
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Blank 27 Filed: 10/5/1993, Entered: 10/6/1993 Notice
NOTICE by Montgomery Watson to take deposition of Manfred Lupp (afor)
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Blank 26 Filed: 10/5/1993, Entered: 10/6/1993 Notice
NOTICE by Montgomery Watson to take deposition of Marty Schaper (afor)
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Blank 25 Filed: 10/5/1993, Entered: 10/6/1993 Notice
NOTICE by Montgomery Watson to take deposition of Klaus Wegmann (afor)
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Blank 24 Filed: 10/5/1993, Entered: 10/5/1993 Memorandum in Support
MEMORANDUM by Fru-Con Construction in support of [23-1] motion by Fru-Con Construction to Compel, received. (afor)
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Blank 23 Filed: 10/5/1993, Entered: 10/5/1993, Terminated: 1/4/1994 Motion to Compel
MOTION by Fru-Con Construction to Compel production of documents by HRSD (afor)
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Blank 22 Filed: 10/5/1993, Entered: 10/5/1993 Memorandum in Support
MEMORANDUM by Fru-Con Construction in support of [21-1] motion by Fru-Con Construction to Compel, received. (afor)
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Blank 21 Filed: 10/5/1993, Entered: 10/5/1993, Terminated: 1/4/1994 Motion to Compel
MOTION by Fru-Con Construction to Compel further responses to interrogatories by defendant/third-party plaintiff (afor)
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Blank 20 Filed: 10/4/1993, Entered: 10/5/1993 Memorandum in Opposition
MEMORANDUM by Montgomery Watson in opposition to [15-1] motion by Fru-Con Construction to Compel production of documents by third-party defendant by Fru-Con Construction, received. (afor)
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Blank 19 Filed: 10/4/1993, Entered: 10/5/1993 Memorandum in Opposition
MEMORANDUM by Montgomery Watson in opposition to [13-1] motion by Fru-Con Construction to Compel further responses to interrogatories by third-party defendant by Fru-Con Construction, received. (afor)
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Blank 18 Filed: 9/29/1993, Entered: 9/29/1993 Order
ORDER permitting the parties to take depositions of experts from November 8, 1993 through and including November 19, 1993; entered and filed 9/29/93; JAM, j.; copies to parties 9/29/93. (afor)
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Blank 17 Filed: 9/24/1993, Entered: 9/27/1993 Objection
OBJECTION by third-party defendant Montgomery Watson to Notice of Deposition of Fru-Con Construction (mwin)
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Blank 16 Filed: 9/22/1993, Entered: 9/25/1993 Memorandum in Support
MEMORANDUM by Fru-Con Construction in support of [15-1] motion by Fru-Con Construction to Compel production of documents by third-party defendant, received (mwin)
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Blank 15 Filed: 9/22/1993, Entered: 9/25/1993 Motion to Compel
MOTION by Fru-Con Construction to Compel production of documents by third-party defendant (mwin)
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Blank 14 Filed: 9/22/1993, Entered: 9/25/1993 Memorandum in Support
MEMORANDUM by Fru-Con Construction in support of [13-1] motion by Fru-Con Construction to Compel further responses to interrogatories by third-party defendant, received (mwin)
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Blank 13 Filed: 9/22/1993, Entered: 9/25/1993 Motion to Compel
MOTION by Fru-Con Construction to Compel further responses to interrogatories by third-party defendant (mwin)
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Blank 12 Filed: 8/23/1993, Entered: 8/23/1993 Order
ORDER that the name of the third party defendant in this suit and in all pleadings be corrected to reflect its correct, current name, Montgomery Watson Americas, Inc.; entered and filed 8/23/93; JAM, j.; copies to parties 8/23/93. (afor)
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Blank 11 Filed: 7/21/1993, Entered: 7/22/1993 Order
STIPULATED PROTECTIVE ORDER setting forth guidelines for production of documents; defining "confidential information," etc.; see order for specifics; entered and filed 7/21/93; JAM, j.; copies mailed 7/21/93 (afor)
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Blank 10 Filed: 6/16/1993, Entered: 6/16/1993 Order
ORDER ON INITIAL PRETRIAL CONFERENCE scheduling trial for January 10, 1994 at 10:00 a.m.; trial by jury has been demanded; proposed voir dire and written jury instructions shall be received by the clerk on or before January 3, 1994; a final pretrial conference shall be held on December 17, 1993 at 12:30 p.m.; all de bene esse depositions shall be concluded on or before November 19, 1993; discovery shall be completed by plaintiff on or before October 5, 1993, by defendant on or before November 5, 1993 and by third-party defendant on or before November 5, 1993; entered 6/15/93; TEM, USMJ; filed 6/16/93; copies mailed 6/16/93. (afor)
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Blank -- Filed: 6/1/1993, Entered: 6/2/1993 Pretrial Conference - Initial
Initial pretrial conference set at 2:45 6/15/93 (afor)
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Blank -- Filed: 5/28/1993, Entered: 5/28/1993 Docket Annotation
REFERRED for IPTC (afor)
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Blank 9 Filed: 5/24/1993, Entered: 5/28/1993 Notice
NOTICE of discovery by Montgomery, James (afor)
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Blank 8 Filed: 5/24/1993, Entered: 5/28/1993 Answer
ANSWER by Montgomery, James (Attorney John Yeardley Pearson Jr., Elizabeth Hoyes Esinhart, John Anthony Wolf, Paul S. Sugar) to [7-1] third-party complaint by Hamp. Rd. Sanitation (afor)
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Blank -- Filed: 5/5/1993, Entered: 5/5/1993 Summons Issued
SUMMONS and 1 c. copy issued for James M. Montgomery, Consulting Engineers, Inc. and mailed to counsel; magistrate's notice. (afor)
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Blank 7 Filed: 4/30/1993, Entered: 5/5/1993 Third-Party Complaint
THIRD-PARTY COMPLAINT by Hampton Roads Sanitations District against James M. Montgomery, Consulting Engineers, Inc. (afor)
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Blank 6 Filed: 4/19/1993, Entered: 4/19/1993, Terminated: 1/4/1994 Answer to Counterclaim
ANSWER by Fru-Con Construction to [3-2] counter claim by Hamp. Rd. Sanitation (afor)
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Blank 5 Filed: 4/12/1993, Entered: 4/13/1993 Notice
NOTICE of mailing by Fru-Con Construction (afor)
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Blank 4 Filed: 4/5/1993, Entered: 4/8/1993 Order
ORDER extending time within which the defendant may file any third-party complaint to and including 4/30/93; entered and filed 4/5/93; JAM, j.; copies mailed 4/7/93. (afor)
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Blank 3 Filed: 3/26/1993, Entered: 3/31/1993 Answer
ANSWER to Complaint and COUNTERCLAIM by Hamp. Rd. Sanitation (Attorney Robert Terrence Ney, Steven Colin McCallum) against Fru-Con Construction (afor)
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Blank -- Filed: 3/26/1993, Entered: 3/31/1993 Set/Reset Deadlines:
Deadline updated; set Answer to counterclaim deadline to 4/1/93 (afor)
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Blank 2 Filed: 3/24/1993, Entered: 3/24/1993 Summons Returned Executed
SUMMONS Returned Executed as to Hamp. Rd. Sanitation 3/8/93 Answer due on 4/1/93 for Hamp. Rd. Sanitation (afor)
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Blank -- Filed: 2/22/1993, Entered: 2/22/1993 Summons Issued
SUMMONS and 1 c. copy issued for Hamp. Rd. Sanitation and mailed to counsel for plaintiff; magistrate's notice. (afor)
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Blank 1 Filed: 2/19/1993, Entered: 2/22/1993 Complaint
COMPLAINT; Filing Fee $ 120.00; Receipt # 4899; jury demand (afor)
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