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Filed: 3/15/2001, Entered: 3/15/2001 |
Exhibit |
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Exhibits disposed of by the clerk (AR) (mwin)
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| 172 |
Filed: 8/31/1998, Entered: 8/31/1998 |
Order |
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ORDER granting [171-1] motion by Ryan-Walsh, Trinity Industries, Lambert's Docks of FINAL Dismissal with prejudice as of compromise, with each party to bear its own respective costs, entered and filed 8/31/98 ( signed by Judge Rebecca B. Smith ) Copies Mailed: 8/31/98 (arou)
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| 171 |
Filed: 8/14/1998, Entered: 8/19/1998, Terminated: 8/31/1998 |
Motion to Dismiss |
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JOINT MOTION by Ryan-Walsh, Trinity Industries, Lambert's Docks of FINAL Dismissal with prejudice as of compromise (arou)
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| 170 |
Filed: 5/11/1998, Entered: 5/11/1998 |
Transcript |
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TRANSCRIPT of excerpt of proceedings for dates of 4/15/98 (arou)
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| 169 |
Filed: 4/21/1998, Entered: 4/21/1998 |
Order |
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ORDER Dismissed Agreed , entered 4/20/98; filed 4/21/98; ( signed by Judge Rebecca B. Smith ), o.b., Copies Mailed: 4/21/98 (arou)
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| -- |
Filed: 4/21/1998, Entered: 4/21/1998 |
Permanent Record |
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Permanent Record (arou)
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| -- |
Filed: 4/21/1998, Entered: 4/21/1998 |
Terminated Case |
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Case closed (arou)
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| 168 |
Filed: 4/20/1998, Entered: 4/20/1998 |
Docket Annotation |
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Summary of facts to be proven with deposition of Cecil Spear filed in open court. (mgra)
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| 167 |
Filed: 4/20/1998, Entered: 4/20/1998 |
Deposition |
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DEPOSITION of Cecil Spear, Jr. filed in open court. (mgra)
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| 166 |
Filed: 4/20/1998, Entered: 4/20/1998 |
Docket Annotation |
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Summary of facts to be proven with deposition of Charles Noble Graham filed in open cout. (mgra)
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| 165 |
Filed: 4/20/1998, Entered: 4/20/1998 |
Deposition |
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DEPOSITION of Charles Graham filed in open court. (mgra)
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| 164 |
Filed: 4/20/1998, Entered: 4/20/1998 |
Minutes-Miscellaneous |
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Minute entry: TRIAL PROCEEDINGS: RBS, j. Gloria Smith, OCR. Continuation of trial by court. Parties and counsel appeared pursuant to adjournment last Wednesday, 4/15/98. Trinity Industries, Inc. resumed presentation of evidence. Deposition of Charles Graham filed. Summary of facts to be proven with deposition of Charles Noble Graham filed. Deposition of Cecil Spear, Jr. filed. Summary of facts to be proven with deposition of Cecil Spear filed. Later, counsel stated that they have reached a settlement and stated the terms of the settlement agreement on the record. Counsel agreed that the the claims of Trinity Industries, Inc. against Ryan-Walsh, Inc. have been settled for the sum of $875,000.00 which amount will resolve all remaining claims between the parties. The settlement funds are to be paid within 60 days of today's date and if the funds are not paid within 60 days interest shall be due at the legal rate of interest. Ryan-Walsh, Inc. shall provide Trinity Industries, Inc. a draft receipt and release documents within 45 days. The court retains jurisdiction to enforce the settlement. The court stated that the issue of attorney's fees between Ryan-Walsh, Inc. and Lambert's Point Docks, Incorporated will be resolved as follows: counsel have 7 days from today to advise the court if this portion of the case has been settled and if settled, counsel have 7 days from that date to submit an agreed order, if not settled, the court will set the matter on the court's docket. Court directed clerk to prepare an order. (mgra)
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| -- |
Filed: 4/20/1998, Entered: 4/20/1998 |
Bench Trial - Held |
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Bench trial held (mgra)
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| 163 |
Filed: 4/15/1998, Entered: 4/16/1998 |
Minutes-Miscellaneous |
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Minute entry: TRIAL PROCEEDINGS: RBS, j. Gloria Smith, OCR. Appearances by Darnell Bludworth, Peter L. Hilbert, Jr., Albert C. Selkin for Trinity Industries, Inc.; Robert C. Leininger, Henry P. Bouffard, Michael L. Sterling for Ryan-Walsh, Inc.; Daniel R. Warman for Lambert's Point Docks, Incorporated. Matter came on for trial by court. Witnesses excluded. Trinity Industries, Inc. presented evidence in part. Court adjourned until Monday morning, 4/20/98, at 10:00 a.m. (mgra)
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| -- |
Filed: 4/15/1998, Entered: 4/16/1998 |
Bench Trial - Held |
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Bench trial held (mgra)
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| 162 |
Filed: 4/13/1998, Entered: 4/13/1998 |
Minutes-Miscellaneous |
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Minute entry: HEARING PROCEEDINGS: RBS, j. Gloria Smith, OCR. Appearances: Darnell Bludworth & Albert C. Selkin for Trinity Industries, Inc.; Henry P. Bouffard for Ryan-Walsh, Inc.; Christopher Papile for Lambert's Point Docks, Incorporated. Matter came on for a hearing on the motion by Trinity Industries, Inc. for summary judgment against Ryan-Walsh, Inc., and the cross motion by Ryan-Walsh, Inc. for summary judgment against Trinity Industries, Inc. Argued. Court takes matter under advisement. (mgra)
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| -- |
Filed: 4/13/1998, Entered: 4/13/1998 |
Motion Hearing |
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Motion hearing held re: [157-1] cross motion by Ryan-Walsh for Summary Judgment against Trinity Industries, Inc. by Ryan-Walsh, [155-1] motion by Trinity Industries for Summary Judgment against Ryan-Walsh, Inc. (mgra)
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| 161 |
Filed: 4/10/1998, Entered: 4/10/1998 |
Proposed Findings of Fact |
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PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW by Lambert's Docks (ariv)
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| 160 |
Filed: 4/10/1998, Entered: 4/10/1998 |
Proposed Findings of Fact |
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PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW by Trinity Industries (ariv)
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| 159 |
Filed: 4/10/1998, Entered: 4/10/1998 |
Proposed Findings of Fact |
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PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW by Ryan-Walsh (ariv)
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| 158 |
Filed: 4/9/1998, Entered: 4/9/1998 |
Notice of Hearing. |
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NOTICE of Hearing: by Trinity Industries on its Motion for Summary Judgment (arou)
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Filed: 4/7/1998, Entered: 4/7/1998 |
Motion Hearing |
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Motion hearing re: [157-1] cross motion by Ryan-Walsh for Summary Judgment against Trinity Industries, Inc. set at 2:00 4/13/98, [155-1] motion by Trinity Industries for Summary Judgment against Ryan-Walsh, Inc. and Motion for partial Summary Judgment against Lambert's Docks set at 2:00 4/13/98 (arou)
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| 160 |
Filed: 3/30/1998, Entered: 3/30/1998 |
Memorandum in Opposition |
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MEMORANDUM by Trinity Industries in opposition to Ryan-Walsh [157-1] cross-motion for summary judgment, received (arou)
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| 159 |
Filed: 3/27/1998, Entered: 3/30/1998 |
Order |
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Final Pretrial Order entered in the presence of counsel, filed 3/27/98 ( signed by Judge J. C. Clarke Jr. ) (arou)
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| 158 |
Filed: 3/18/1998, Entered: 3/19/1998 |
Reply to Response to Motion |
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REPLY BRIEF to Ryan-Walsh's response to [155-1] motion by Trinity Industries for Summary Judgment against Ryan-Walsh, Inc., received (arou) Modified on 04/07/1998
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| 157 |
Filed: 3/17/1998, Entered: 4/7/1998 |
Motion for Summary Judgment |
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CROSS MOTION by Ryan-Walsh for Summary Judgment against Trinity Industries, Inc. (arou)
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| 157 |
Filed: 3/17/1998, Entered: 3/18/1998 |
Memorandum in Opposition |
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MEMORANDUM by Ryan-Walsh in opposition to [155-1] motion by Trinity Industries for Summary Judgment against Ryan-Walsh, Inc., received (arou) Modified on 04/07/1998
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| 156 |
Filed: 3/6/1998, Entered: 3/6/1998 |
Memorandum in Support |
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MEMORANDUM by Trinity Industries in support of [155-1] motion by Trinity Industries for Summary Judgment against Ryan-Walsh, Inc. and Motion for partial Summary Judgment against Lambert's Docks, received (arou)
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| 155 |
Filed: 3/6/1998, Entered: 3/6/1998, Terminated: 4/21/1998 |
Motion for Summary Judgment |
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MOTION by Trinity Industries for Summary Judgment against Ryan-Walsh, Inc. and Motion for partial Summary Judgment against Lambert's Docks (arou)
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| 154 |
Filed: 3/6/1998, Entered: 3/6/1998 |
Order |
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ORDER granting [140-1] motion by Lambert's Docks for Summary Judgment on Damage Issue, and FINDS that Trinity is not entitled to recover the damages now sought from Lambert's Docks, entered and filed 3/6/98 ( signed by Judge Rebecca B. Smith ) Copies Mailed: 3/6/98 (arou)
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| 153 |
Filed: 3/6/1998, Entered: 3/6/1998 |
Judgment* |
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JUDGMENT on decision by the Court that the motion for summary judgment filed by Lambert's Point Docks, Incorporated is GRANTED, entered by the Clerk and filed 3/6/98. o.b. (signed by Judge Rebecca B. Smith ) Copies Mailed: 3/6/98 (clerk)
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| -- |
Filed: 3/6/1998, Entered: 3/6/1998 |
Minutes-Miscellaneous |
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Minute entry: HEARING PROCEEDINGS; RBS, judge. Gloria Smith, OCR. Counsel appeared. Matter came on for hearing on Lambert's Point Docks motion for summary judgment. Argued. Court GRANTED the motion for summary judgment, ruling in the record. (clerk)
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| -- |
Filed: 3/6/1998, Entered: 3/6/1998 |
Motion Hearing |
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Motion hearing held re: [140-1] motion by Lambert's Docks for Summary Judgment on Damage Issue by Lambert's Docks (clerk)
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| 152 |
Filed: 2/18/1998, Entered: 2/19/1998 |
Notice of Hearing. |
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NOTICE of hearing by Lambret's Point on motion for summary judgment (afor)
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Filed: 2/18/1998, Entered: 2/18/1998 |
Motion Hearing |
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Motion hearing re: [140-1] motion by Lambert's Docks for Summary Judgment on Damage Issue set at 11:00 3/6/98 (afor)
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| 151 |
Filed: 1/29/1998, Entered: 1/30/1998 |
Reply to Response to Motion |
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REPLY by Lambert's Docks to response to [140-1] motion by Lambert's Docks for Summary Judgment on Damage Issue, received. (afor)
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| 150 |
Filed: 1/27/1998, Entered: 1/27/1998 |
Memorandum in Opposition |
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MEMORANDUM by Trinity Industries in opposition to [140-1] motion by Lambert's Docks for Summary Judgment on Damage Issue, received. (afor)
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| 149 |
Filed: 1/27/1998, Entered: 1/27/1998 |
Order |
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ORDER granting [148-1] motion by Trinity Industries for Leave to File supplemental opposition to motion for summary judgment on outstanding damage issue; entered and filed 1/27/98; ( signed by Judge Rebecca B. Smith ) Copies Mailed: 1/27/98 (afor)
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| 148 |
Filed: 1/26/1998, Entered: 1/27/1998, Terminated: 1/27/1998 |
Motion for Leave to File |
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MOTION by Trinity Industries for Leave to File supplemental opposition to motion for summary judgment on outstanding damage issue (afor)
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| 147 |
Filed: 1/13/1998, Entered: 1/13/1998 |
Order |
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ORDER denying Lambert's Point Docks's motion for a protective order; entered and filed 1/13/98; ( signed by Magistrate Judge Tommy E. Miller ) Copies Mailed: 1/13/98 (afor)
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| 146 |
Filed: 1/13/1998, Entered: 1/13/1998 |
Memorandum in Opposition |
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MEMORANDUM by Trinity Industries in opposition to [145-1] motion by Lambert's Docks for Protective Order, received. (afor)
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Filed: 1/13/1998, Entered: 1/13/1998 |
Set/Reset Deadlines: |
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Deadline updated; denying [145-1] motion by Lambert's Docks for Protective Order (afor)
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Filed: 1/13/1998, Entered: 1/13/1998 |
Minutes-Miscellaneous |
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MINUTE ENTRY: TEM, USMJ; Gloria Smith, Reporter; appearances by counsel; matter came on re: Lambert's Point Docks' motion for protective order; argument; court denied motion; court will enter order; court adjourned. (afor)
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Filed: 1/13/1998, Entered: 1/13/1998 |
Motion Hearing |
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Motion hearing held re: [145-1] motion by Lambert's Docks for Protective Order by Lambert's Docks (afor)
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Filed: 1/13/1998, Entered: 1/13/1998 |
Motion Hearing |
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Motion hearing re: [145-1] motion by Lambert's Docks for Protective Order set at 11:00 1/13/98 (afor)
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| 145 |
Filed: 1/12/1998, Entered: 1/13/1998 |
Motion for Protective Order |
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MOTION by Lambert's Docks for Protective Order (afor)
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| 144 |
Filed: 1/12/1998, Entered: 1/12/1998 |
Order |
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ORDER granting [142-1] motion by Trinity Industries to Extend Time to file opposition to motion for summary judgment until 1/24/98; entered and filed 1/12/98; (signed by Judge Rebecca B. Smith) Copies Mailed: 1/12/98 (afor)
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| 143 |
Filed: 1/2/1998, Entered: 1/2/1998 |
Memorandum in Support |
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MEMORANDUM by Trinity Industries in support of [142-1] motion by Trinity Industries to Extend Time to file opposition to motion for summary judgment, received. (afor)
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| 142 |
Filed: 1/2/1998, Entered: 1/2/1998, Terminated: 1/12/1998 |
Motion for Extension |
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MOTION by Trinity Industries to Extend Time to file opposition to motion for summary judgment (afor)
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| 141 |
Filed: 12/22/1997, Entered: 12/22/1997 |
Memorandum in Support |
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MEMORANDUM by Lambert's Docks in support of [140-1] motion by Lambert's Docks for Summary Judgment on Damage Issue, received. (afor)
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| 140 |
Filed: 12/22/1997, Entered: 12/22/1997, Terminated: 3/6/1998 |
Motion for Summary Judgment |
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MOTION by Lambert's Docks for Summary Judgment on Damage Issue (afor)
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| 139 |
Filed: 12/3/1997, Entered: 12/4/1997 |
Order |
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ORDER ON INITIAL RPETRIAL CONFERENCE scheduling trial for April 15, 1998 at 10:00 am at Norfolk; trial by jury has not been demanded; proposed findings of fact and conclusions of law shall be received by the clerk on or before April 10, 1998; a final pretrial conference shall be conducted on 3/27/98 at 10:30 a.m.; all de bene esse depositions shall be concluded on or before 3/6/98; discovery shall be completed by plaintiff on or before 2/20/98 and by defendant on or before 3/6/98; setting forth times and sequence for disclosure of expert testimony; parties shall respond to presently pending discovery within the time required by the rules; entered 12/2/97; WTP, USMJ; filed 12/3/97; copies mailed 12/3/97. (afor)
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Filed: 12/2/1997, Entered: 12/4/1997 |
Pretrial Conference - Initial |
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Initial pretrial conference held (afor)
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Filed: 11/10/1997, Entered: 11/10/1997 |
Pretrial Conference - Initial |
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Initial pretrial conference set at 3:30 12/2/97 (afor)
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Filed: 11/7/1997, Entered: 11/10/1997 |
Docket Annotation |
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REFERRED for IPTC (afor)
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| 138 |
Filed: 10/27/1997, Entered: 10/27/1997, Terminated: 4/21/1998 |
Answer to Crossclaim |
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ANSWER by Ryan-Walsh to [136-1] second supplemental and amended cross claim of Trinity Industries (afor)
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Filed: 10/27/1997, Entered: 10/27/1997 |
Docket Annotation |
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Referred to calendar clerk for scheduling (afor)
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| 137 |
Filed: 10/24/1997, Entered: 10/24/1997, Terminated: 4/21/1998 |
Answer to Crossclaim |
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ANSWER by Lambert's Point to [136-1] second supplemental and amended cross-claim of Trinity Industries, Inc. (afor)
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| 136 |
Filed: 10/14/1997, Entered: 10/15/1997 |
Crossclaim |
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SECOND SUPPLEMENTAL AND AMENDED CROSS-CLAIM of Trinity Industries, Inc. against Ryan-Walsh, Inc. and Lambert's Point Docks, Inc. (afor)
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| 135 |
Filed: 10/14/1997, Entered: 10/15/1997 |
Order |
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ORDER granting [134-1] motion by Trinity Industries for Leave to File second supplemental and amended cross-claim and to restore case to active docket; entered and filed 10/14/97; ( signed by Judge Rebecca B. Smith ) Copies Mailed: 10/15/97 (afor)
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Filed: 10/14/1997, Entered: 10/15/1997 |
Suspense Deadline |
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**Suspense 11/6/97 - answer by Ryan-Walsh and Lamberts Point to Trinity's cross-claim due (afor)
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Filed: 10/14/1997, Entered: 10/15/1997 |
Case Reopened |
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Case reopened (afor)
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Filed: 10/8/1997, Entered: 10/8/1997 |
Suspense Deadline |
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**Suspense 10/20/97 - Trinity to produce endorsed order to file second amended cross-claims, etc. (afor)
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| 134 |
Filed: 10/7/1997, Entered: 10/8/1997, Terminated: 10/14/1997 |
Motion for Leave to File |
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MOTION by Trinity Industries for Leave to File second supplemental and amended cross-claim and to restore case to active docket (afor)
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| 133 |
Filed: 9/4/1997, Entered: 9/4/1997 |
Transcript |
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TRANSCRIPT of trial proceedings held on 4/9/96 before RBS, j. (afor)
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| 132 |
Filed: 9/3/1997, Entered: 9/4/1997 |
Transcript |
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TRANSCRIPT of trial proceedings held on 4/3/97 before RBS, j. (afor)
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| 131 |
Filed: 9/3/1997, Entered: 9/4/1997 |
Transcript |
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TRANSCRIPT of trial proceedings held on 4/2/97 before RBS, j. (afor)
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| 130 |
Filed: 9/3/1997, Entered: 9/4/1997 |
Transcript |
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TRANSCRIPT of trial proceedings held on 4/1/97 before RBS, j. (afor)
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| 129 |
Filed: 9/3/1997, Entered: 9/4/1997 |
Transcript |
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TRANSCRIPT of trial proceedings held on 3/29/97 before RBS, j. (afor)
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| 128 |
Filed: 9/3/1997, Entered: 9/4/1997 |
Transcript |
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TRANSCRIPT of trial proceedings held on 3/27/97 before RBS, j. (afor)
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| 127 |
Filed: 9/3/1997, Entered: 9/4/1997 |
Transcript |
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TRANSCRIPT of trial proceedings held on 3/26/97 before RBS, j. (afor)
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| 126 |
Filed: 9/3/1997, Entered: 9/4/1997 |
Transcript |
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TRANSCRIPT of trial proceedings held on 3/25/97 before RBS, j. (afor)
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| 125 |
Filed: 10/10/1996, Entered: 10/11/1996 |
Satisfaction of Judgment |
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PARTIAL SATISFACTION OF JUDGMENT wherein the 5/2/96 amended judgment in favor of Trinity against Ryan-Walsh, Inc. has been satisfied in part by payment of the judgment amount, plus pre-judgment and post-judgment interest in the amount of $461,813.66; Copies Mailed: 10/10/96; o.b. (afor)
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| 124 |
Filed: 6/5/1996, Entered: 6/14/1996 |
Bill of Costs |
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Bill of costs, by Lambert's Docks (ariv)
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| 123 |
Filed: 6/5/1996, Entered: 6/14/1996 |
Docket Annotation |
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Reply memorandum to Ryan-Walsh's opposition to bill of costs by Trinity Industries, received. (ariv)
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| 122 |
Filed: 6/4/1996, Entered: 6/14/1996 |
Bill of Costs |
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Bill of costs, by Christiansen Marine (ariv)
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| 121 |
Filed: 5/22/1996, Entered: 6/14/1996 |
Docket Annotation |
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Opposition to Trinityt Industries' bill of costs, by Ryan-Walsh. (ariv)
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| 120 |
Filed: 5/13/1996, Entered: 6/14/1996 |
Bill of Costs |
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Bill of costs, by Trinity Industries (ariv)
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| 119 |
Filed: 5/2/1996, Entered: 5/2/1996 |
Judgment* |
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Amended JUDGMENT amending the judgment dated April 9, 1996 and filed April 12, 1996 by adding the following language: "Subject to the judgment herein, and as it may pertain to the liabilities of the parties, the issue of the right of Trinity Industries, Inc. to recover consequential damages is not decided by the Court and the Court shall retain jurisdiction for the purpose of determining this severed issue. The Clerk is DIRECTED to remove this matter from the active docket of this Court." Dated May 2, 1996; filed May 2, 1996; form of judgment approved in accordance with Rule 58, FRCP, May 2, 1996 by RBS, j.; c. copies mailed 5/2/96; o.b. (afor)
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| 118 |
Filed: 5/2/1996, Entered: 5/2/1996 |
Order |
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ORDER granting [116-1] motion by Trinity Industries to Amend [113-1] judgment; entered and filed 5/2/96; ( signed by Judge Rebecca B. Smith ) Copies Mailed: 5/2/96 (afor)
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| 117 |
Filed: 4/30/1996, Entered: 5/2/1996 |
Memorandum in Support |
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MEMORANDUM by Trinity Industries in support of [116-1] motion by Trinity Industries to Amend [113-1] judgment, received. (afor)
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| 116 |
Filed: 4/30/1996, Entered: 5/2/1996, Terminated: 5/2/1996 |
Motion to Amend/Correct |
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MOTION by Trinity Industries to Amend [113-1] judgment (afor)
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| 115 |
Filed: 4/29/1996, Entered: 5/2/1996 |
Transcript |
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TRANSCRIPT of excerpt of proceedings (judge's ruling) held on 4/9/96 before RBS (afor)
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| 114 |
Filed: 4/15/1996, Entered: 4/16/1996 |
Transcript |
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TRANSCRIPT of excerpts of proceedings held on 3/29/96 before RBS, j. (afor)
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| 113 |
Filed: 4/12/1996, Entered: 4/12/1996 |
Judgment* |
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JUDGMENT that as to the claim of Christiansen Marine, Inc. for exoneration or limitation of liability, Christiansen Marine, Inc. is granted full exoneration; as to the claim of Lambert's Point Docks against Christiansen Marine for direct damages and indemnity, judgment is entered in favor of Christiansen Marine; as to the claim of Ryan-Walsh against Christiansen Marine alleging negligence and unseaworthiness, judgment is entered in favor of Christiansen Marine; as to the claim and counterclaim of Trinity against Christiansen Marine alleging negligence, unseaworthiness, breach of contract, and breach of implied warranty of workmanlike performance, judgment is entered in favor of Christiansen Marine; as to the counterclaim of Christiansen Marine against Lambert's Point, judgment is entered in favor of Lambert's Point; as to the counterclaim of Christiansen Marine against Ryan-Walsh, judgment is entered in favor of Ryan-Walsh; as to the cross-claim of Lambert's Point Docks against Ryan-Walsh alleging breach of contract, breach of the implied warranty of workmanlike performancae, and seeking indemnity, judgment is entered in favor of Lambert's Point on all counts in the amount of $47,552.40, with interest at the rate of 8.25 percent from 10/12/94 to entry of judgment, with post-judgment interest at the rate of 5.46 percent as provided by law, plus costs and attorneys fees. In addition, Lambert's Point is entitled to full indemnification from Ryan-Walsh for any liability it incurs to Trinity Industries, Inc. as a result of the accident on Barge 4. As to the cross-claim of Trinity against Lambert's Point alleging negligence, breach of contract, breach of the implied warranty of workmanlike performance and contractual indemnity, judgment is entered in favor of Lambert's Point on Trinity's claims of negligence and breach of the implied warranty of workmanlike performance, and judgment is entered in favor of Trinity for breach of contract in the amount of $405,770.93 with interest at the rate of 8.25 percent from 10/12/94 until date of judgment, with post-judgment interest at the rate of 5.46 percent as provided by law, plus costs. As to the cross-claim of Trinity against Ryan-Walsh alleging negligence, breach of contract, and breach of the implied warranty of workmanlike performance, judgment is hereby entered in favor of Trinity Industries on breach of the implied warranaty of workmanlike performacne and negligence counts in the amount of $405,770.83 with interest at the rate of 8.25 percent from 10/12/94 until date of judgment with post-judgment interest at the rate of 5.46 percent as provided by law, plus costs; Trinity may not recover its losses twice against Lambert's Point and Ryan Walsh; on Trinity's breach of contract claim, judgment is entered in favor of Ryan-Walsh; to the extent that Lambert's Point pays Trinity , it is entitled to full indemnification of this amount from Ryan-Walsh. Lambert's Point and Ryan-Walsh have the option of either taking $12,500.00 credit for the scrap value of the damaged girders or taking the girders themselves; if they choose to take the girders rather than the credit, then they must give Trinity 30 days written notice with a copy of this notice to the court, after which the girders must be removed from Trinity's property within 60 days; if Lambert's Point and Ryan-Walsh decide to take the damaged girders rather than the credit, Trinity must cut up the girders into removable size pieces with such costs paid by Ryan-Walsh and Lambert's Point Docks and make the pieces available to Lambert's Point and Ryan Walsh. Trinity must either deliver the drill testified to at the trial or buy a comparable drill and deliver it to Lambert's Point Docks or Ryan-Walsh, Inc.; dated 4/9/96; filed 4/12/96; form of judgment approved by RBS, j. in accordance with Rule 58, FRCP, 4/11/96; copies mailed 4/12/96; o.b. (afor)
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| 112 |
Filed: 4/12/1996, Entered: 4/12/1996 |
Docket Annotation |
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OPINION setting forth rulings made from the bench on 4/9/96; entered 4/11/96; entered nunc pro tunc 4/9/96; filed 4/12/96; RBS, j. (afor)
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| -- |
Filed: 4/12/1996, Entered: 4/12/1996 |
Terminated Case |
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Case closed (afor)
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| -- |
Filed: 4/12/1996, Entered: 4/12/1996 |
Case Assigned/Reassigned |
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CASE assigned to Judge Rebecca B. Smith (afor)
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| -- |
Filed: 4/9/1996, Entered: 4/11/1996 |
Minutes-Miscellaneous |
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MINUTE ENTRY: RBS, j.; Gloria Smith, ct. rptr.; continuation of non-jury trial; parties and counsel appeared pursuant to adjournment 4/3/96; final arguments of counsel heard; court adjourned until 2:30 p.m. for the court's ruling; later, the court ruled from the bench stating findings of fact and conclusions of law (see judgment for specifics). (afor)
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| -- |
Filed: 4/9/1996, Entered: 4/11/1996 |
Bench Trial - Held |
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Bench trial held (afor)
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| 111 |
Filed: 4/5/1996, Entered: 4/11/1996 |
Transcript |
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TRANSCRIPT of excerpt of proceedings taken 4/2/96 (testimony of Jon R. Christansen) before RBS, j. (afor)
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| 110 |
Filed: 4/5/1996, Entered: 4/11/1996 |
Transcript |
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TRANSCRIPT of excerpt of proceedings (testimony of Arthur Sargent) taken on 3/29/96 before RBS, j. (afor)
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| 109 |
Filed: 4/3/1996, Entered: 4/11/1996 |
Docket Annotation |
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Lambert's Point Docks, Inc.'s summary of portions of the deposition of Charles Noble Graham taken 11/22/95 filed in open court (afor)
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| 108 |
Filed: 4/3/1996, Entered: 4/11/1996 |
Docket Annotation |
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Lambert's Point Docks, Inc.'s summary of portions of the deposition of John Eric Evans taken 11/22/95 filed in open court (afor)
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| 107 |
Filed: 4/3/1996, Entered: 4/11/1996 |
Docket Annotation |
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Lambert's Point Docks, Inc.'s summary of portions of deposition of Mike D. McCluney taken 11/22/95 filed in open court (afor)
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| 106 |
Filed: 4/3/1996, Entered: 4/11/1996 |
Docket Annotation |
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Lambert's Point Docks, Inc.'s summary of portions of deposition of Zachary G. Thomas taken 12/18/96 filed in open court (afor)
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| 105 |
Filed: 4/3/1996, Entered: 4/11/1996 |
Docket Annotation |
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Ryan-Walsh's designations of deposition of Mike D. McCluney taken 11/22/95 filed in open court (afor)
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| 104 |
Filed: 4/3/1996, Entered: 4/11/1996 |
Docket Annotation |
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Ryan-Walsh's designations of deposition of Cecil Spears taken 2/12/96 filed in open court (afor)
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| 103 |
Filed: 4/3/1996, Entered: 4/11/1996 |
Docket Annotation |
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Ryan-Walsh's designations of deposition of Charles Noble Graham taken 2/13/96 filed in open court (afor)
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| 102 |
Filed: 4/3/1996, Entered: 4/11/1996 |
Docket Annotation |
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Ryan Walsh's designations of deposition of John Eric Evans taken 11/22/96 filed in open court (afor)
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| Save 25% on a pre-paid one year subscription. |
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| 101 |
Filed: 4/3/1996, Entered: 4/11/1996 |
Docket Annotation |
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Ryan'Walsh's designations of deposition of Zachary G. Thomas taken 12/18/96 filed in open court (afor)
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| -- |
Filed: 4/3/1996, Entered: 4/11/1996 |
Minutes-Miscellaneous |
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MINUTE ENTRY: RBS, j.; Gloria Smith, ct. rptr.; continuation of non-jury trial; parties and counsel appeared pursuant to adjournment 4/2/96; claimant, Ryan-Walsh, Inc. presented evidence; Ryan-Walsh's designations of deposition of Zachary G. Thomas taken 12/18/96, deposition of John Eric Evans taken 11/22/95, deposition of Charles Noble Graham taken 2/13/96, deposition of Cecil Separ taken 2/12/96 and deposition of Mike D. McCluney taken 11/22/95 filed in open court; Ryan-Walsh rested; plaintiff presented evidence; court stated that all demonstrative exhibits will be admitted into evidence; plaintiff rested; Lambert's Point Docks' summary of portion of deposition of Zachary G. Thomas taken on 12/18/95, deposition of Mike D. McCluney taken 11/22/95, deposition of John Eric Evans taken on 11/22/95, deposition of Charles Noble Graham taken on 11/22/95, received and filed in open court; court adjourned until 4/9/96 at 10:00 a.m. (afor)
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| -- |
Filed: 4/3/1996, Entered: 4/11/1996 |
Bench Trial - Held |
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Bench trial held (afor)
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| 100 |
Filed: 4/2/1996, Entered: 4/3/1996 |
Docket Annotation |
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Summary of deposition of John E. Evans prepared by Lambert's Point Docks, filed in open court (afor)
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| 99 |
Filed: 4/2/1996, Entered: 4/3/1996 |
Docket Annotation |
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Summary of deposition of Zachary Thomas, Tug Captain, prepared by Lambert's Point Docks, filed in open court (afor)
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| 98 |
Filed: 4/2/1996, Entered: 4/3/1996 |
Docket Annotation |
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Summary of deposition of Michael McCluney prepared by Lambert's Point Docks, filed in open court (afor)
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| 97 |
Filed: 4/2/1996, Entered: 4/3/1996 |
Docket Annotation |
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Summary of facts to be proven with deposition of Cecil Spear, filed in open court (afor)
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| 96 |
Filed: 4/2/1996, Entered: 4/3/1996 |
Docket Annotation |
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Deposition of Cecil Spear taken on 3/28/96 filed in open court (afor)
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| 95 |
Filed: 4/2/1996, Entered: 4/3/1996 |
Docket Annotation |
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Deposition of Cecil Spear taken on 3/15/96 filed in open court (afor)
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| 94 |
Filed: 4/2/1996, Entered: 4/3/1996 |
Docket Annotation |
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Deposition of Cecil Spear taken 2/12/96 with one volume of exhibits filed in open court. (afor)
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| -- |
Filed: 4/2/1996, Entered: 4/3/1996 |
Minutes-Miscellaneous |
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MINUTE ENTRY: RBS, j.; Gloria Smith, ct. rptr.; continuation of non-jury trial; parties and counsel appeared pursuant to adjournment 4/1/96; claimant, Trinity, resumed presentation of evidence; deposition of Cecil Spear taken on 2/12/96; one volume of exhibits that relate to deposition; deposition of Cecil Spear taken on 3/15/96; deposition of Cecil Spear taken 3/28/96; and summary of facts to be proven with deposition of Cecil Spear, received and filed in open court; Trinity rested; Lambert's Point presented evidence and rested; summary of Michael McCluney's deposition prepared by Lambert's Point; summary of Zachary Thomas, Tug Captain's deposition, prepared by Lambert's Point; summary of John E. Evans' deposition prepared by Lambert's Point, received and filed in open court; court adjourned until 4/3/96 at 10:00 a.m. (afor)
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| -- |
Filed: 4/2/1996, Entered: 4/3/1996 |
Bench Trial - Held |
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Bench trial held (afor)
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| 93 |
Filed: 4/1/1996, Entered: 4/2/1996 |
Docket Annotation |
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Summary of facts to be proven with deposition of Charles Noble Graham filed in open court (afor)
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| 92 |
Filed: 4/1/1996, Entered: 4/2/1996 |
Docket Annotation |
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Deposition of Charles Noble Graham taken on 2/13/96 filed in open court (afor)
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| 91 |
Filed: 4/1/1996, Entered: 4/2/1996 |
Docket Annotation |
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Summary of facts to be provden with deposition of Mike D. McCluney filed in open court (afor)
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| 90 |
Filed: 4/1/1996, Entered: 4/2/1996 |
Docket Annotation |
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Deposition of Mike O. McCluney taken on 11/22/95 filed in open court (afor)
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| 89 |
Filed: 4/1/1996, Entered: 4/2/1996 |
Docket Annotation |
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Summary of facts to be proven with deposition of Zachary H. Thomas, filed in open court (afor)
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| 88 |
Filed: 4/1/1996, Entered: 4/2/1996 |
Docket Annotation |
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Deposition of Zachary H. Thomas taken 12/18/95 filed in open court (afor)
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| 87 |
Filed: 4/1/1996, Entered: 4/2/1996 |
Docket Annotation |
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Summary of facts to be proven with deposition of John Eric Evans filed in open court (afor)
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| 86 |
Filed: 4/1/1996, Entered: 4/2/1996 |
Docket Annotation |
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Deposition of John Eric Evans taken on 11/22/95 filed in open court (afor)
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Filed: 4/1/1996, Entered: 4/2/1996 |
Minutes-Miscellaneous |
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MINUTE ENTRY: RBS, j.; Gloria Smith, ct. rptr.; continuation of non-jury trial; parties and counsel appeared pursuant to adjournment 3/29/96; claimant, Trinity Industries, resumed presentation of evidence; deposition of John Eric Evans taken on 11/22/95 and summary of facts to be proven with deposition of John Eric Evans on behalf of claimant, Trinity, received and filed in open court; deposition of Zachary G. Thomas taken on 12/18/95 and summary of facts to be proven with deposition of Zachary H. Thomas, received and filed in open court; deposition of Mike D. McCluney take on 11/22/95 and summary of facts to be proven with deposition of Mike D. McCluney, received and filed in open court; deposition of Charles Noble Graham taken 2/13/96 and summary of facts to be proven with deposition of Charles Noble Graham on behalf of claimant Trinity received and filed in open court (1 colume of exhibits is included in the 2 volumes); court amended order of 3/8/96 stating that the joint motion of all of the parties to sever and continue the issue of Trinity's right to recover consequential damages and the other parties' right to seek indemnity therefore from each other is hereby granted, that this court shall retain jurisdiction over the matter, and that the issues of consequential damages and indemnity therefore shall be separately discovery and tried when and if a claim for consequential damages matures and is asserted by Kiewit's or any other entity or its assigns against Trinity; court adjourned until 4/2/96 at 10:00 a.m. (afor)
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| -- |
Filed: 4/1/1996, Entered: 4/2/1996 |
Bench Trial - Held |
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Bench trial held (afor)
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| -- |
Filed: 3/29/1996, Entered: 4/2/1996 |
Minutes-Miscellaneous |
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MINUTE ENTRY: RBS, j.; Gloria Smith, ct. rptr.; continuation of non-jury trial; parties and counsel appeared pursuant to adjournment of 3/27/96; claimant, Trinity Industries, resumed presentation of evidence; court adjourned until 4/1/96 at 10:00 a.m. (afor)
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| -- |
Filed: 3/29/1996, Entered: 4/2/1996 |
Bench Trial - Held |
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Bench trial held (afor)
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| 85 |
Filed: 3/28/1996, Entered: 3/28/1996 |
Docket Annotation |
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MEMORANDUM submitted by Trinity Industries regarding deposition testimony, received. (afor)
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| 84 |
Filed: 3/27/1996, Entered: 3/28/1996 |
Memorandum in Support |
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MEMORANDUM by Ryan-Walsh in support of [83-1] motion by Ryan-Walsh to Amend [54-1] answer to cross claim of Trinity and [30-1] answer to supplemental and amended cross claim of Trinity, received in open court. (afor)
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| 83 |
Filed: 3/27/1996, Entered: 3/28/1996 |
Motion to Amend/Correct |
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MOTION by Ryan-Walsh to Amend [54-1] answer to cross claim of Trinity and [30-1] answer to supplemental and amended cross claim of Trinity , filed in open court (afor) Modified on 03/28/1996
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Filed: 3/27/1996, Entered: 3/28/1996 |
Minutes-Miscellaneous |
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MINUTE ENTRY: RBS, j.; Gloria Meals, ct. rptr.; continuation of non-jury trial; parties and counsel appeared pursuant to adjournment of last evening, 3/26/96; court granted Ryan-Walsh, Inc.'s motion to amend its answer to the cross-claim and supplemental and amended cross-claim of Trinity to add on affirmative defenses of contributory (comparative) negligence; Ryan-Walsh's motion to amend, received nad filed in open court; brief in support of motion to amend received in open court; claimant, Trinity Industries, resumed presentation of evidence; court adjourned until Friday morning, 3/29/96 at 10:00 a.m. (afor)
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Filed: 3/27/1996, Entered: 3/28/1996 |
Bench Trial - Held |
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Bench trial held (afor)
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Filed: 3/26/1996, Entered: 3/27/1996 |
Minutes-Miscellaneous |
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MINUTE ENTRY: RBS, j.; Gloria Meals, ct. rptr.; continuation of a non-jury trial; parties and counsel appeared pursuant to adjournment of last evening, 3/25/96; claimant, Trinity Industries, Inc., resumed presentation of evidence; court adjourned until tomorrow morning, 3/27/96 at 10:00 a.m. (afor)
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Filed: 3/26/1996, Entered: 3/27/1996 |
Bench Trial - Held |
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Bench trial held (afor)
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| 82 |
Filed: 3/25/1996, Entered: 3/26/1996 |
Order |
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ORDER denying [80-1] motion by Ryan-Walsh to Quash Subpoena; entered and filed in open court; ( signed by Judge Rebecca B. Smith ) Copies Mailed: 3/26/96 (afor)
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| 81 |
Filed: 3/25/1996, Entered: 3/26/1996 |
Memorandum in Support |
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MEMORANDUM by Ryan-Walsh in support of [80-1] motion by Ryan-Walsh to Quash Subpoena, received in open court. (afor)
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| 80 |
Filed: 3/25/1996, Entered: 3/26/1996, Terminated: 3/25/1996 |
Motion to Quash |
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MOTION by Ryan-Walsh to Quash Subpoena filed in open court (afor)
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| 79 |
Filed: 3/25/1996, Entered: 3/26/1996 |
Order |
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ORDER granting [78-1] motion by Daniel T. Plunkett to appear as assistant trial counsel; entered and filed in open court 3/25/96; ( signed by Judge Rebecca B. Smith ) Copies Mailed: 3/26/96 (afor)
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| 78 |
Filed: 3/25/1996, Entered: 3/26/1996, Terminated: 3/25/1996 |
Motion for Miscellaneous Relief |
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MOTION by Daniel T. Plunkett to appear as assistant trial counsel , filed in open court (afor) Modified on 03/26/1996
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| 77 |
Filed: 3/25/1996, Entered: 3/26/1996 |
Order |
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ORDER granting [76-1] motion by Darnell Bludworth to appear as assistant trial counsel; entered and filed in open court; ( signed by Judge Rebecca B. Smith ) Copies Mailed: 3/26/96 (afor)
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| 76 |
Filed: 3/25/1996, Entered: 3/26/1996, Terminated: 3/25/1996 |
Motion for Miscellaneous Relief |
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MOTION by Darnell Bludworth to appear as assistant trial counsel , filed in open court (afor) Modified on 03/26/1996
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Filed: 3/25/1996, Entered: 3/26/1996 |
Minutes-Miscellaneous |
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MINUTE ENTRY: RBS, j.; Gloria Meals, ct. rptr.; appearances by counsel; matter came on for trial by court; motion to appear as assistant trial counsel on behalf of Darnell Bludworth received and filed in open court and order stating that Darnell Bludworth is admitted to practice before this court as assistant trial counsel entered and filed in open court; motion to appear as assistant trial counsel on behalf of Daniel T. Plunkett received and filed in open court; order stating that Daniel T. Plunkett is admitted to practice before this court as assistant trial counsel, entered and filed in open court; on motion, witnesses were excluded from the courtroom; opening statments of counsel heard; claimant, Trinity Industries, inc., presented evidence; court directed that motion to quash subpoena on behalf of Ryan-Walsh, Inc. be filed in open court and memorandum in opposition by Trinity be received in open court; court ruled from the bench and denied the motion to quash the subpoena duces tecum and will allow the documents to be subpoenaed (as noted on page 2 of the motion to quash and titled "order"), entered and filed in open court; court adjourned until tomorrow morning, 3/26/96, at 10:00 a.m. (afor)
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Filed: 3/25/1996, Entered: 3/26/1996 |
Bench Trial - Held |
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Bench trial held (afor)
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| 75 |
Filed: 3/22/1996, Entered: 3/22/1996 |
Trial Brief |
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TRIAL BRIEF by Trinity Industries (afor)
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| 74 |
Filed: 3/22/1996, Entered: 3/22/1996 |
Trial Brief |
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TRIAL BRIEF by Christiansen Marine, received. (afor)
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| 73 |
Filed: 3/21/1996, Entered: 3/22/1996 |
Trial Brief |
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TRIAL BRIEF by Lambert's Docks, received. (afor)
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| 72 |
Filed: 3/8/1996, Entered: 3/11/1996 |
Order |
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ORDER ON FINAL PRETRIAL CONFERENCE entered in the presence of counsel 3/8/96; TEM, USMJ; filed 3/8/96. (afor)
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| 71 |
Filed: 3/8/1996, Entered: 3/11/1996 |
Order |
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ORDER that the joint motion of all of the parties to sever and to continue the issue of Trinity's right to recover consequential damages and the other parties' right to seek indemnity therefore from each other is granted, that this court shall retain jurisdiction over the matter, and that the issues of consequential damages and indemnity shall be separately discovered and tried when and if a claim for consequential damages matures and is asserted by Peter Kiewit & Sons, Inc. or its assigns against any of the parties to this action; entered and filed 3/8/96; ( signed by Magistrate Judge Tommy E. Miller ) Copies Mailed: 3/11/96 (afor)
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| 70 |
Filed: 3/8/1996, Entered: 3/11/1996 |
Memorandum in Support |
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MEMORANDUM by Lambert's Docks, Trinity Industries, Ryan-Walsh, Christiansen Marine in support of [69-1] motion to sever, received. (afor)
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| 69 |
Filed: 3/8/1996, Entered: 3/11/1996 |
~Motion to Sever |
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JOINT MOTION by Christiansen Marine, Ryan-Walsh, Trinity Industries, Lambert's Docks to Sever (afor)
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| 68 |
Filed: 2/20/1996, Entered: 2/21/1996 |
Transcript |
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TRANSCRIPT OF HEARING ON MOTION TO DISMISS, held on 2/9/96 before RBS, j. (afor)
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| 67 |
Filed: 2/12/1996, Entered: 2/14/1996 |
Memorandum in Opposition |
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MEMORANDUM by Ryan-Walsh in opposition to [62-1] motion by Trinity Industries to Continue by Trinity Industries, [60-1] motion by Trinity Industries for partial dismissal of cross-claims, received (received in Newport News on 2/9/96) (afor)
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| 66 |
Filed: 2/9/1996, Entered: 2/14/1996 |
Memorandum in Opposition |
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Letter by Lambert's Point Docks formally joining in the memorandum in opposition of Christiansen Marine and Ryan-Walsh to [62-1] motion by Trinity Industries to Continue, received. (afor)
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Filed: 2/9/1996, Entered: 2/14/1996 |
Set/Reset Deadlines: |
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Deadline updated; reset Pretrial Conference for 10:00 3/8/96 (afor)
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Filed: 2/9/1996, Entered: 2/14/1996 |
Minutes-Miscellaneous |
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MINUTE ENTRY: HEARING PROCEEDINGS--RBS, j.; Sharon Borden, OCR; appearanaces by counsel; matter came on for further hearing on claimant Trinity's motions for continuance and partial dismissal of cross-claims; arguments of counsel heard; motion for continuanace--DENIED; motion for partial dismissal of cross claims of counter-defendants Lambert's Point and Ryan-Walsh--DENIED; (court's ruling stated in record); on motion of all counsel, final pretrial conference continued from 2/23/96 at 10:30 a.m. and reset to 3/8/96 at 10:00 a.m.; court adjourned. (afor)
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Filed: 2/9/1996, Entered: 2/14/1996 |
Minutes-Miscellaneous |
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Minute entry: denying [62-1] motion by Trinity Industries to Continue, denying [60-1] motion by Trinity Industries for partial dismissal of cross-claims (afor)
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Filed: 2/9/1996, Entered: 2/14/1996 |
Motion Hearing |
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Motion hearing held re: [62-1] motion by Trinity Industries to Continue by Trinity Industries, [60-1] motion by Trinity Industries for partial dismissal of cross-claims by Trinity Industries (afor)
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Filed: 2/9/1996, Entered: 2/9/1996 |
Minutes-Miscellaneous |
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MINUTE ENTRY: RBS, j.; Sharon Borden, ct. rptr.; appearances by Arthur Jett on behalf of Christiansen Marine; David Payne on behalf of Lambert's Point; Henry Bouffard on behalf of Ryan-Walsh; Peter Hilbert on behalf of Trinity; matter came on for hearing on Trinity's motion for continuance and motion for partial dismissal of cross-claims; court inquired about presence of local counsel on behalf of Trinity Industries, Inc.; court explained local rule and took a brief recess for Trinity to locate local counsel for this hearing; later, court advised counsel that the local rule must be followed in all future proceedings; proper local counsel must sign all pleadings and appear at all proceedings (Note: Mr. Gregory Sandler appeared as substitute counsel for Mr. Selkin but withdrew after being questioned by the court). (afor)
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| -- |
Filed: 2/9/1996, Entered: 2/9/1996 |
Motion Hearing |
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Motion hearing held re: [62-1] motion by Trinity Industries to Continue by Trinity Industries, [60-1] motion by Trinity Industries for partial dismissal of cross-claims by Trinity Industries (afor)
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| 65 |
Filed: 2/8/1996, Entered: 2/8/1996 |
Reply to Response to Motion |
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REPLY by Trinity Industries to response to [62-1] motion by Trinity Industries to Continue and [60-1] motion by Trinity Industries for partial dismissal of cross-claims, received. (afor)
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| 64 |
Filed: 2/8/1996, Entered: 2/8/1996 |
Memorandum in Opposition |
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MEMORANDUM by Christiansen Marine in opposition to [62-1] motion by Trinity Industries to Continue, received. (afor)
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| -- |
Filed: 2/8/1996, Entered: 2/8/1996 |
Motion Hearing |
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Motion hearing re: [62-1] motion by Trinity Industries to Continue set at 10:00 2/9/96, [60-1] motion by Trinity Industries for partial dismissal of cross-claims set at 10:00 2/9/96 (afor)
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| 63 |
Filed: 2/2/1996, Entered: 2/7/1996 |
Memorandum in Support |
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MEMORANDUM by Trinity Industries in support of [62-1] motion by Trinity Industries to Continue, received. (afor)
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| 62 |
Filed: 2/2/1996, Entered: 2/7/1996 |
Motion to Continue |
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MOTION by Trinity Industries to Continue (afor)
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| 61 |
Filed: 2/2/1996, Entered: 2/7/1996 |
Memorandum in Support |
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MEMORANDUM by Trinity Industries in support of [60-1] motion by Trinity Industries for partial dismissal of cross-claims, received. (afor)
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| 60 |
Filed: 2/2/1996, Entered: 2/7/1996 |
Motion to Dismiss |
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MOTION by Trinity Industries for partial dismissal of cross-claims without prejudice (afor)
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| 59 |
Filed: 1/10/1996, Entered: 1/12/1996 |
Transcript |
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TRANSCRIPT of excerpt of proceedings held on 1/3/96 before JCC, Jr. Judge (afor) Modified on 01/12/1996
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| 58 |
Filed: 1/3/1996, Entered: 1/4/1996 |
Order |
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ORDER denying the motion of Trinity Industries, Inc. to make Kiewit Construction Company a party to this action; entered and filed 1/3/96; ( signed by Judge J. C. Clarke Jr. ) Copies Mailed: 1/4/96 (afor) Modified on 01/04/1996
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| -- |
Filed: 1/3/1996, Entered: 1/4/1996 |
Minutes-Miscellaneous |
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MINUTE ENTRY: HEARING PROCEEDINGS: JCC, Jr., j.; Gloria Meals, ct. rep.; appearances by counsel; matter came on for hearing on the motion by Trinity Industries, Inc. to join necessary party (Kiewit Construction Company) or, in the alternative, to sever; argued; comments of counsel heard; court stated rulings from the bench and denied motion; court will prepare order. (afor)
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| -- |
Filed: 1/3/1996, Entered: 1/4/1996 |
Minutes-Miscellaneous |
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Minute entry: denying [45-1] motion by Trinity Industries to join necessary party (Kiewit Construction Company) or, in the alternative, to sever (afor)
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| -- |
Filed: 1/3/1996, Entered: 1/4/1996 |
Motion Hearing |
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Motion hearing held re: [45-1] motion by Trinity Industries to join necessary party (Kiewit Construction Company) or, in the alternative, to sever by Trinity Industries (afor)
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| 57 |
Filed: 12/28/1995, Entered: 12/29/1995 |
Notice of Hearing. |
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NOTICE of Hearing: Motion Hearing set for 2:30 1/3/96 for [45-1] motion by Trinity Industries to join necessary party (Kiewit Construction Company) or, in the alternative, to sever (afor) Modified on 01/04/1996
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| 56 |
Filed: 12/27/1995, Entered: 12/27/1995 |
Reply to Response to Motion |
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REPLY by Trinity Industries to response to [45-1] motion by Trinity Industries to join necessary party (Kiewit Construction Company) or, in the alternative, to sever, received. (afor)
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| 55 |
Filed: 12/26/1995, Entered: 12/27/1995 |
Answer to Crossclaim |
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ANSWER by Lambert's Docks to Supplemental and Amended Cross-Claims of Trinity Industries, Inc. (afor)
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| 54 |
Filed: 12/26/1995, Entered: 12/27/1995 |
Answer to Crossclaim |
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ANSWER by Ryan-Walsh to [53-1] Supplemental and Amended Cross-Claim of Trinity Industries, Inc. (afor)
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| 53 |
Filed: 12/26/1995, Entered: 12/27/1995 |
Crossclaim |
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SUPPLEMENTAL AND AMENDED CROSS-CLAIM of Trinity Industries against Lambert's Point Docks and Ryan-Walsh, Inc. (afor)
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| 52 |
Filed: 12/26/1995, Entered: 12/27/1995 |
Order |
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ORDER granting [38-1] motion by Trinity Industries for leave to file supplemental and amended cross-claim; further ordering that the answers of Ryan-Walsh and Lambert's Point Docks submitted to a proposed supplemental and amended cross-claim of Trinity Industrties insofar as applicable, are considered as a response to the Supplemental and Amended Cross-claim and are ordered filed; entered and filed 12/26/95; ( signed by Judge Richard B. Kellam ) Copies Mailed: 12/26/95 (afor)
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| 51 |
Filed: 12/22/1995, Entered: 12/22/1995 |
Affidavit |
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AFFIDAVIT of newspaper publication commencing on 4/24/95 and ending on 5/15/95. (afor)
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| 50 |
Filed: 12/22/1995, Entered: 12/22/1995 |
Docket Annotation |
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Letter from counsel for Lambert's Point Docks, Incorporated formally joining in the legal arguments set forth in the Memorandum in Opposition of Christiansen Marine to Trinity Industries' Motion to Join, received. (afor)
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| 49 |
Filed: 12/21/1995, Entered: 12/22/1995 |
Memorandum in Opposition |
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MEMORANDUM by Christiansen Marine in opposition to [45-1] motion by Trinity Industries to join necessary party (Kiewit Construction Company) or, in the alternative, to sever, received. (afor)
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| 48 |
Filed: 12/21/1995, Entered: 12/22/1995 |
Notice of Hearing. |
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NOTICE of Hearing filed on behalf of Trinity Industries, Inc. (afor)
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| 47 |
Filed: 12/21/1995, Entered: 12/22/1995 |
Notice |
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NOTICE of issuance of subpoena duces tecum by Lambert's Docks (afor)
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| 46 |
Filed: 12/14/1995, Entered: 12/22/1995 |
Memorandum in Support |
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MEMORANDUM by Trinity Industries in support of [45-1] motion by Trinity Industries to join necessary party (Kiewit Construction Company) or, in the alternative, to sever, received. (afor)
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| 45 |
Filed: 12/14/1995, Entered: 12/22/1995 |
Motion for Miscellaneous Relief |
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MOTION by Trinity Industries to join necessary party (Kiewit Construction Company) or, in the alternative, to sever (afor)
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| 44 |
Filed: 11/28/1995, Entered: 11/28/1995 |
Notice |
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NOTICE of issuance of subpoena duces tecum by Trinity Industries (afor)
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| 43 |
Filed: 11/27/1995, Entered: 11/28/1995 |
Notice |
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NOTICE by Trinity Industries to take deposition (afor)
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| 42 |
Filed: 11/27/1995, Entered: 11/28/1995 |
Notice |
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NOTICE of issuance of subpoena duces tecum by Trinity Industries (afor)
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| 41 |
Filed: 11/27/1995, Entered: 11/28/1995 |
Notice |
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NOTICE by Trinity Industries to take deposition (afor)
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| 40 |
Filed: 11/20/1995, Entered: 11/21/1995 |
Order |
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ORDER that the firm of Larzelere & Picou be withdrawn as counsel of record for Ryan-Walsh, Inc. and that Robert C. Leininger, Attorney at Law, 4820 Folse Drive, Metairie, Louisiana 70006 be substituted in its stead; entered 11/20/95; filed 11/20/95; ( signed by Judge John A. MacKenzie ) Copies Mailed: 11/21/95 (afor)
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| 39 |
Filed: 11/17/1995, Entered: 11/21/1995 |
Notice |
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NOTICE by Christiansen Marine regarding subpoena duces tecum (afor)
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| 38 |
Filed: 11/16/1995, Entered: 11/21/1995, Terminated: 12/26/1995 |
Motion for Leave to File |
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MOTION by Trinity Industries for Leave to File Supplemental and amended cross-claims (afor)
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| 37 |
Filed: 11/3/1995, Entered: 11/6/1995 |
Motion to Substitute Attorney |
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MOTION by Ryan-Walsh to Substitute Attorney (afor)
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| 36 |
Filed: 10/30/1995, Entered: 10/31/1995 |
Order |
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ORDER granting [33-1] motion by Trinity Industries to Dismiss third-party complaint against McDonough Marine Services, Inc. without prejudice; entered and filed 10/30/95; ( signed by Judge John A. MacKenzie ) Copies Mailed: 10/31/95; o.b. (afor)
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| 35 |
Filed: 10/26/1995, Entered: 10/27/1995 |
Answer to Counterclaim |
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ANSWER by Christiansen Marine to [28-1] counter claim by Trinity Industries (rlam)
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| 34 |
Filed: 10/26/1995, Entered: 10/27/1995 |
Memorandum in Support |
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MEMORANDUM by Trinity Industries in support of [33-1] motion by Trinity Industries to Dismiss third-party claim against MdDonough Marine Services, Inc. without prejudice by Trinity Industries, received. (rlam)
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| 33 |
Filed: 10/26/1995, Entered: 10/27/1995, Terminated: 10/30/1995 |
Motion to Dismiss |
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MOTION by Trinity Industries to Dismiss third-party claim against MdDonough Marine Services, Inc. without prejudice (rlam)
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| 32 |
Filed: 10/25/1995, Entered: 10/25/1995, Terminated: 4/12/1996 |
Answer to Crossclaim |
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ANSWER by Lambert's Docks to [27-1] cross claim by Trinity Industries (afor)
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| 31 |
Filed: 10/24/1995, Entered: 10/25/1995 |
Notice |
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NOTICE of issuance of subpoena duces tecum by Trinity Industries (afor)
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| 30 |
Filed: 10/24/1995, Entered: 10/25/1995 |
Answer to Crossclaim |
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ANSWER by Ryan-Walsh to [27-1] cross claim by Trinity Industries (afor)
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Filed: 10/13/1995, Entered: 10/13/1995 |
Summons Issued |
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SUMMONS ON THIRD PARTY COMPLAINT and 1 c. copy issued for McDonough Marine and mailed to counsel for Trinity; magistrate's notice. (afor)
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| 29 |
Filed: 10/12/1995, Entered: 10/13/1995 |
Third-Party Complaint |
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THIRD-PARTY COMPLAINT by Trinity Industries against McDonough Marine (afor)
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| 28 |
Filed: 10/12/1995, Entered: 10/13/1995 |
Counterclaim |
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COUNTERCLAIM by claimant Trinity Industries against plaintiff Christiansen Marine (afor)
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| 27 |
Filed: 10/12/1995, Entered: 10/13/1995 |
Crossclaim |
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CROSSCLAIM by Trinity Industries against Lambert's Docks, Ryan-Walsh (afor)
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| 26 |
Filed: 10/10/1995, Entered: 10/11/1995 |
Answer to Crossclaim |
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ANSWER by Ryan-Walsh to [20-1] cross claim by Lambert's Docks (afor)
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| 25 |
Filed: 10/10/1995, Entered: 10/11/1995 |
Answer to Counterclaim |
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ANSWER by Ryan-Walsh to [17-1] counter claim by Christiansen Marine (afor)
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| 24 |
Filed: 9/22/1995, Entered: 9/25/1995 |
Order |
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ORDER ON INITIAL PRETRIAL CONFERENCE scheduling trial for March 25, 1996 at 10:00 a.m. at Norfolk; trial by jury has not been demanded; a final pretrial conference shall be conducted on February 23, 1996 at 10:30 a.m.; all de bene esse depositions shall be concluded on or before February 2, 1996; discovery shall be completed by plaintiff on or before January 19, 1996 and by claimants on or before January 19, 1996; setting forth times and sequence for disclosure of expert testimony; any third-party complaint, cross-claim or counterclaim shall be filed on or before 10/12/95; if a third-party complaint is filed, a copy of this order shall be served with the third-party complaint upon the third-party defendant; plaintiff shall respond to presently pending discovery on or before October 20, 1995; by agreement of counsel, Ryan-Walsh, Inc. shall file an answer to the counterclaim of Christiansen Marine, Inc. and the crossclaim of Lambert's Point Docks, Incorporated on or before October 5, 1995; entered 9/21/95; TEM, USMJ; filed 9/22/95; copies mailed 9/22/95. (afor) Modified on 10/16/1995
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| 23 |
Filed: 9/21/1995, Entered: 9/25/1995 |
Order |
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ORDER permitting Peter L. Hilbert, Jr. to appear as lead trial counsel for Trinity Industries; entered and filed 9/21/95; agreed; ( signed by Magistrate Judge Tommy E. Miller ) Copies Mailed: 9/25/95 (afor)
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| 22 |
Filed: 9/21/1995, Entered: 9/25/1995 |
Motion for Leave to Appear |
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MOTION by Peter L. Hilbert, Jr. to appear as lead counsel for Trinity industries (afor)
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| -- |
Filed: 9/21/1995, Entered: 9/25/1995 |
Pretrial Conference - Initial |
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Initial pretrial conference held (afor)
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| -- |
Filed: 9/11/1995, Entered: 9/11/1995 |
Pretrial Conference - Initial |
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Initial pretrial conference set at 3:00 9/21/95 (afor)
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| -- |
Filed: 9/8/1995, Entered: 9/8/1995 |
Docket Annotation |
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REFERRED for IPTC (afor)
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| -- |
Filed: 9/5/1995, Entered: 9/8/1995 |
Case Transferred In - Divisional Transfer |
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Original file, certified copy of transfer order and docket sheet received from Newport News Division (afor)
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| -- |
Filed: 9/1/1995, Entered: 9/1/1995 |
Docket Annotation |
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Entire case file with certified copies of docket entries and order transferring case forwarded to Norfolk Division. (clerk)
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| 21 |
Filed: 8/29/1995, Entered: 9/1/1995 |
Order |
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ORDER Transferring Case to Norfolk Division. Entered 8/28/95; filed 8/29/95. ( signed by Judge John A. MacKenzie ) Copies Mailed: counsel (clerk) Modified on 09/01/1995
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| 20 |
Filed: 6/23/1995, Entered: 6/23/1995 |
Crossclaim |
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CROSSCLAIM by Lambert's Docks against Ryan-Walsh (clerk)
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| 19 |
Filed: 6/23/1995, Entered: 6/23/1995, Terminated: 4/12/1996 |
Answer to Counterclaim |
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ANSWER by Lambert's Docks to [16-1] counter claim by Christiansen Marine. (clerk)
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| 18 |
Filed: 6/21/1995, Entered: 6/21/1995 |
Docket Annotation |
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List of Claimants on behalf pltf. listing Lambert's Point Docks, Inc., Trinity Industries, Inc., and Ryan-Walsh, Inc. (clerk) Modified on 06/21/1995
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| 17 |
Filed: 6/15/1995, Entered: 6/21/1995 |
Counterclaim |
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COUNTERCLAIM by plaintiff Christiansen Marine against claimant Ryan-Walsh (clerk)
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| 16 |
Filed: 6/15/1995, Entered: 6/16/1995 |
Counterclaim |
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COUNTERCLAIM by plaintiff Christiansen Marine against claimant Lambert's Docks. (clerk) Modified on 06/21/1995
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| 15 |
Filed: 6/15/1995, Entered: 6/15/1995 |
Docket Annotation |
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Answer to Claim of Trinity Industries, Inc. on behalf of Christiansen Marine, Inc. (clerk)
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| 14 |
Filed: 6/15/1995, Entered: 6/15/1995 |
Docket Annotation |
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Answer to claim of Ryan-Walsh, Inc. on behalf Christiansen Marine, Inc. (clerk)
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| 13 |
Filed: 6/15/1995, Entered: 6/15/1995 |
Docket Annotation |
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Answer to Claim of Lambert's Point Docks, Inc. on behalf Christiansen Marine. (clerk)
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| 12 |
Filed: 6/5/1995, Entered: 6/5/1995, Terminated: 4/12/1996 |
Answer |
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ANSWER to Complaint by Ryan-Walsh. (clerk)
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| 12 |
Filed: 6/5/1995, Entered: 6/5/1995 |
Claim |
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CLAIM for property by Ryan-Walsh. Answer due on 6/25/95 for Ryan-Walsh (clerk)
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| 11 |
Filed: 6/5/1995, Entered: 6/5/1995 |
Order |
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ORDER that answer and claim of Ryan-Walsh, Inc. filed. Entered 6/2/95; filed 6/5/95. ( signed by Judge Richard B. Kellam ) Copies Mailed: counsel (clerk)
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| 10 |
Filed: 5/30/1995, Entered: 5/30/1995, Terminated: 4/12/1996 |
Answer |
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ANSWER to Complaint by Trinity Industries. (clerk)
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| 9 |
Filed: 5/30/1995, Entered: 5/30/1995 |
Claim |
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CLAIM for property by Trinity Industries. Answer due on 6/19/95 for Trinity Industries. (clerk)
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| 8 |
Filed: 5/30/1995, Entered: 5/30/1995, Terminated: 4/12/1996 |
Answer |
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ANSWER to Complaint by Lambert's Docks. (clerk)
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| 7 |
Filed: 5/30/1995, Entered: 5/30/1995 |
Claim |
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CLAIM for property by Lambert's Docks. Answer due on 6/19/95 for Lambert's Docks. (clerk)
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| 6 |
Filed: 4/14/1995, Entered: 4/28/1995 |
Order |
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ORDER that prospective claims be filed with Clerk on or before 5/30/95 and that notice be published in the Daily Press one a week for 4 consecutive weeks, etc. ( signed by Judge John A. MacKenzie ) Copies Mailed: counsel, U.S. Mshl.(clerk) Modified on 04/28/1995
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| 5 |
Filed: 4/14/1995, Entered: 4/28/1995 |
Docket Annotation |
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Stipulation for Costs. (clerk)
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| 4 |
Filed: 4/14/1995, Entered: 4/28/1995 |
Docket Annotation |
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Ad Interim Stipulation. (clerk)
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| 3 |
Filed: 4/14/1995, Entered: 4/28/1995 |
Order |
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ORDER for Ad Interim Stipulation in the amount of $206,700.00 with interest and with surety according to rules and practice of this court, etc. Entered and filed 4/14/95 at Norfolk. ( signed by Judge John A. MacKenzie ) Copies Mailed: counsel (clerk) Modified on 09/01/1995
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| 2 |
Filed: 4/14/1995, Entered: 4/28/1995 |
Docket Annotation |
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Notice of Complaint for Exoneration from or Limitation of Liability. (clerk) Modified on 09/01/1995
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| 1 |
Filed: 4/14/1995, Entered: 4/28/1995 |
Complaint |
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COMPLAINT. Filing Fee $ 120.00. Receipt # 5163 (clerk)
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