Kenney v. Peter Piper Inc

Federal Civil Lawsuit Arizona District Court, Case No. 2:02-cv-00594-SMM
District Judge Stephen M. McNamee, presiding
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District Judge Stephen M. McNamee
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Summary

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Parties
No Logo Malachi P Kenney, Plaintiff

Represented by Birch, Horton, Bittner & Cherot

Name Phone Fax E-Mail
Space Gregory Scott Fisher +1 907 276 1550 +1 907 276 2822 gfisher@bhb.com

Represented by Jaburg & Wilk, PC

Name Phone Fax E-Mail
Space Kraig J Marton +1 602 248 1000 +1 602 248 0522 kjm@jaburgwilk.com
v.
No Logo Peter Piper, Inc., Defendant

Represented by Greenberg Traurig, LLP

Name Phone Fax E-Mail
Space Leigh Anne Ciccarelli +1 602 445 8000 +1 602 445 8637 ciccarellil@gtlaw.com
Space Lawrence Jay Rosenfeld +1 602 445 8502 +1 602 445 8100 RosenfeldL@gtlaw.com

Represented by Morrison Cohen LLP

Name Phone Fax E-Mail
Space Jeffrey Paul Englander +1 212 735 8720 +1 917 522 3121 jenglander@morrisoncohen.com
Attributes
Office Phoenix Division
Filed 4/4/2002
Jury Demand Plaintiff
Demand $0
Nature of Suit 790 - Labor: Other
Cause Section 29 U.S.C. § 621 Job Discrimination (Age)
Jurisdiction Federal Question
Disposition Dismissed - Settled
County Maricopa
Terminated 4/5/2006
Origin 3
Reopened 1/19/2006
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flags CLOSED, REOPEN, STD
Timeline
  Entries (74) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Order Dismissing Case with OCR 67 Filed: 4/5/2006, Entered: 4/5/2006 Order Dismissing CaseCourt Filing
IT IS HEREBY ORDERED that the Stipulation for Dismissal [66] is granted. IT IS FURTHER ORDERED that this matter be dismissed with prejudice, each party to bear his or its own costs and attorneys' fees. IT IS FURTHER ORDERED that the Status Hearing scheduled for 4/18/06 is vacated.Signed by Judge Stephen M McNamee on 4/4/06. (TLJ)
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Stipulation of Dismissal with OCR 66 Filed: 4/4/2006, Entered: 4/4/2006, Terminated: 6/1/2008 Stipulation of Dismissal
STIPULATION of Dismissal With Prejudice by Malachi P Kenney, Peter Piper Inc. (Attachments: # (1) Text of Proposed Order)(Rosenfeld, Lawrence)
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Order with OCR 65 Filed: 3/16/2006, Entered: 3/16/2006 OrderCourt Filing
IT IS HEREBY ORDERED that the parties shall appear at a Status Hearing on April18, 2006 at 3:00 p.m. Status Hearing set for 4/18/2006 at 3:00 PM before Judge Stephen M McNamee.Signed by Judge Stephen M McNamee on 3/16/06. (TLJ)
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Appeal Record Returned with OCR 64 Filed: 1/25/2006, Entered: 1/25/2006 Appeal Record Returned
Appeal Record Returned: [56] Notice of Appeal, Number of Volumes of Clerk's Record: 2, Number of Bulky Documents: 2, Docket numbers of Bulky Document:#44, 51, Number of Transcripts: 3, Docket numbers of Transcripts:#34, 60, 61, Number of Expandos: One (LSP)
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Mandate of 9th Circuit with OCR 63 Filed: 1/19/2006, Entered: 1/19/2006 Mandate of 9th Circuit
MANDATE of 9th Circuit (Certified Copy), affiming in part, reversing in part and remanding to District Court; re case number 04-15681, as to [56] Notice of Appeal filed by Malachi P Kenney, (LSP)
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Blank -- Filed: 1/19/2006, Entered: 1/19/2006 Appeal Remark
Appeal Remark: Request sent for file to be returned form 9th Circuit re [56] Notice of Appeal: (LSP)
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Appeal Record Sent to USCA with OCR 62 Filed: 10/31/2005, Entered: 10/31/2005 Appeal Record Sent to USCA
Transmitted Record on Appeal to 9th Circuit re [56] Notice of Appeal. Number of Volumes of Clerk's Record: 2; Number of Bulky Documents: 2; Docket Numbers of Bulky Documents: #44, 51; Number of Transcripts: 3; Docket Numbers of Transcripts: 34, 60, 61; Number of Expandos: One; (LSP)
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Blank 61 Filed: 5/19/2004, Entered: 5/24/2004 Appeal Transcript
Court Reporter's Transcript of Proceedings of Motion for Summary Judgment; by Court Reporter: Gary Moll; for the following date(s): 2/2/04 re NOTICE OF APPEAL [56-1] (REW)
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Blank -- Filed: 5/19/2004, Entered: 5/24/2004 Certificate of Record
Certificate of Record Transmitted to 9th Circuit NOTICE OF APPEAL [56-1] (REW)
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Blank 60 Filed: 5/3/2004, Entered: 5/7/2004 Appeal Transcript
Court Reporter's Transcript of Proceedings of Motion for Summary Judgment Hearing; by Court Reporter: Gary Moll; for the following date(s): 2/2/04 re NOTICE OF APPEAL [56-1] (REW)
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Blank 59 Filed: 4/30/2004, Entered: 4/30/2004 Taxation of Costs
TAXATION OF COSTS for dft Peter Piper Inc in the amount of $7,222.22 against pla Malachi P Kenney; amount to be made a part of the judgment (cc: all counsel/jdgmt drwr) (REW)
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Blank -- Filed: 4/30/2004, Entered: 4/30/2004 USCA Case Number
Notification by 9th Circuit of Appellate Docket Number 04-15681 re NOTICE OF APPEAL [56-1] (REW)
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Blank 58 Filed: 4/19/2004, Entered: 4/23/2004 Transcript Order Form - Appeal
Transcript Designation and Ordering Form by pla Malachi P Kenney re NOTICE OF APPEAL [56-1]; ordering transcript for hearing of 2/2/04 (REW)
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Blank -- Filed: 4/9/2004, Entered: 4/9/2004 Notice of Appeal - Notification Form
APPEAL PACKET forwarded to all parties and 9th Circuit re: NOTICE OF APPEAL [56-1] (REW)
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Blank -- Filed: 4/9/2004, Entered: 4/9/2004 Appeal Remark
Civil Appeals Docketing Statement forwarded to 9th Circuit re NOTICE OF APPEAL [56-1] (REW)
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Blank 57 Filed: 4/6/2004, Entered: 4/9/2004 Statement
REPRESENTATION STATEMENT by pla Malachi P Kenney re NOTICE OF APPEAL [56-1] (REW)
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Blank 56 Filed: 4/6/2004, Entered: 4/9/2004 Notice of Appeal
NOTICE OF APPEAL by pla Malachi P Kenney from District Court judgment [53-1], and order [52-2] (cc: 9CCA/All Counsel/judge) (REW)
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Blank -- Filed: 4/6/2004, Entered: 4/9/2004 USCA Appeal Fees
Received $255.00 appeal fee re NOTICE OF APPEAL [56-1] (REW)
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Blank 55 Filed: 3/26/2004, Entered: 3/29/2004 Other Notice
NOTICE by dft of application to have costs taxed (DMT)
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Blank 54 Filed: 3/26/2004, Entered: 3/29/2004 Bill of Costs
BILL OF COSTS submitted by dft (DMT)
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Blank 53 Filed: 3/23/2004, Entered: 3/23/2004 Judgment*
JUDGMENT entered granted dft's motion for sum jgm. Judgment entered in favor of dft and against pla. (cc: all counsel, jgm drawer) re: judgment [53-1] (DMT)
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Blank 52 Filed: 3/23/2004, Entered: 3/23/2004 OrderCourt Filing
MEMORANDUM OF DECISION AND ORDER by Judge Stephen M. McNamee granting motion for summary judgment by dft [35-1] terminating case (cc: all counsel) (DMT) Modified on 04/09/2004
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Blank 51 Filed: 2/2/2004, Entered: 2/3/2004 ERRATA
NOTICE OF ERRATA by pla to statement of facts [44-1] (DMT)
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Blank 50 Filed: 2/2/2004, Entered: 2/2/2004 Minutes-MiscellaneousCourt Filing
MINUTE ENTRY before Judge Stephen M. McNamee. Crt Rptr: Gary Moll. PRESENT: Gregory Scott Fisher and Kraig J Marton for plaintiff. Plaintiff, Malachi P Kenney. Leigh Anne Ciccarelli and Lawrence Jay Rosenfeld for defendants. Frank Sbordone, President of Peter Piper Inc., Kenneth Holmes, Senior Director of Human Resources. Oral argument held on the motion for summary judgment by defendant [35-1]. This matter is deemed submitted and is taken under advisement. Order to follow. [cc: all counsel/SMM] [50-1] (ALL)
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Blank 49 Filed: 10/23/2003, Entered: 10/27/2003 Reply to Response to Motion
REPLY by dft to response to motion for summary judgment by dft [35-1] (DMT)
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Blank 48 Filed: 10/21/2003, Entered: 10/21/2003 OrderCourt Filing
ORDER by Judge Stephen M. McNamee granting motion to exceed the page limit to 16 pages by dft on their reply in support of motion for sum jgm[47-1] (no lodged documents) (cc: all counsel) (DMT)
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Blank 47 Filed: 10/20/2003, Entered: 10/21/2003, Terminated: 10/21/2003 Motion for Leave to File Excess Pages
UNOPPOSED MOTION to exceed the page limit by dft on their reply in support of motion for sum jgm[47-1] (no lodged documents) (DMT)
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Blank 46 Filed: 9/15/2003, Entered: 9/15/2003 OrderCourt Filing
ORDER by Judge Stephen M. McNamee granting stipulation to extend time to 10/24/03 for dft to file reply in support of motion for summary judgment by dft [35-1] by pla, dft (cc: all counsel) (DMT)
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Blank 45 Filed: 9/5/2003, Entered: 9/8/2003 Stipulation
STIPULATION to extend time to 10/24/03 for dft to file reply in support of motion for summary judgment by dft [35-1] by pla, dft (DMT)
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Blank 44 Filed: 8/25/2003, Entered: 8/27/2003 Statement
STATEMENT OF FACTS by pla in opposition to re motion for summary judgment by dft [35-1] (DMT)
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Blank 43 Filed: 8/25/2003, Entered: 8/27/2003 Response to Motion
RESPONSE by pla to motion for summary judgment by dft [35-1] (DMT)
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Blank 42 Filed: 8/19/2003, Entered: 8/19/2003 Minute Order - MiscellaneousCourt Filing
MINUTE ORDER: IT IS ORDERED resetting the motion for summary judgment by defendant [35-1] from Monday, January 19, 2004 to Monday, February 2, 2004 at 10:00 a.m. before Chief Judge Stephen M. McNamee in courtroom #605. (cc: all counsel/SMM) [42-1] (ALL)
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Blank 41 Filed: 8/12/2003, Entered: 8/12/2003 OrderCourt Filing
ORDER by Judge Stephen M. McNamee granting stipulation to extend time to 8/25/03 to respond to motion for summary judgment by dft [35-1] by pla, dft (cc: all counsel) (DMT)
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Blank 40 Filed: 8/12/2003, Entered: 8/12/2003 OrderCourt Filing
ORDER by Judge Stephen M. McNamee setting motion for summary judgment by dft [35-1] at 10:00 1/19/04 (cc: all counsel) (DMT)
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Blank 39 Filed: 8/8/2003, Entered: 8/8/2003 OrderCourt Filing
ORDER by Judge Stephen M. McNamee granting stipulation to extend time to 8/25/03 to respond to motion for summary judgment by dft [35-1] by pla, dft (cc: all counsel) (DMT)
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Blank 38 Filed: 8/6/2003, Entered: 8/8/2003 Stipulation
STIPULATION to extend time to 8/25/03 to respond to motion for summary judgment by dft [35-1] by pla, dft (DMT) Modified on 08/08/2003
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Blank 37 Filed: 7/17/2003, Entered: 7/18/2003 Affidavit
NOTICE OF FILING AFFIDAVIT of Greg Barton in support of motion for summary judgment by dft [35-1] by dft (DMT)
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Blank 36 Filed: 7/11/2003, Entered: 7/16/2003 Statement
STATEMENT OF FACTS by dft re motion for summary judgment by dft [35-1] (DMT)
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Blank 35 Filed: 7/11/2003, Entered: 7/16/2003, Terminated: 8/8/2003 Motion for Summary Judgment
MOTION for summary judgment by dft [35-1] (DMT)
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Blank 34 Filed: 6/23/2003, Entered: 6/26/2003 Transcript
TRANSCRIPT of Telephonic Conference by A/V Tronics Inc for the following date(s): 2/6/03 (SAT)
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Blank 33 Filed: 6/12/2003, Entered: 6/16/2003 Transcript Order Form - Appeal
Transcript Designation and Ordering Form by dft re 2/6/03 procedings, entire transcript (DMT)
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Blank 32 Filed: 6/11/2003, Entered: 6/13/2003 Other Notice
NOTICE of service of discovery by dft. (DMT)
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Blank 31 Filed: 6/9/2003, Entered: 6/10/2003 Other Notice
NOTICE of compliance of third supplemental disclosure statement pursuant to FRCivP 26(a) by dft (DMT)
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Blank 30 Filed: 6/2/2003, Entered: 6/5/2003 Notice of Deposition
NOTICE by dft OF TAKING DEPO OF Douglas J Cooley, Octavio Alvarado on the following date(s): 6/3/03 (DMT)
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Blank 29 Filed: 6/2/2003, Entered: 6/5/2003 Other Notice
NOTICE of compliance of second supplemental disclosure statement pursuant to FRCivP 26(a) by dft (DMT)
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Blank 28 Filed: 6/2/2003, Entered: 6/5/2003 Other Notice
NOTICE of service of discovery by dft. (DMT)
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Blank 27 Filed: 5/1/2003, Entered: 5/5/2003 Other Notice
NOTICE of service of discovery by dft. (DMT)
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Blank 26 Filed: 4/16/2003, Entered: 4/18/2003 Notice of Deposition
AMENDED NOTICE by dft Peter Piper Inc OF TAKING DEPO OF Tonya Spear on the following date(s): 5/5/03 (former emp)
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Blank 25 Filed: 4/2/2003, Entered: 4/4/2003 Notice of Deposition
NOTICE by dft OF TAKING DEPO OF Tonya Spear on the following date(s): 4/30/03 (DMT)
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Blank 24 Filed: 4/2/2003, Entered: 4/4/2003 Other Notice
NOTICE of service of discovery by dft. (DMT)
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Blank 23 Filed: 3/6/2003, Entered: 3/11/2003 Other Notice
NOTICE by pla of service of amended notice of deposition on Greg Barton and second amended deposition on Bill Toole (CMM)
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Blank 22 Filed: 2/6/2003, Entered: 2/6/2003 Minutes-MiscellaneousCourt Filing
MINUTE ENTRY before Judge Stephen M. McNamee. Crt Rptr: Vicki Reger. Appearances (telephonically): Kraig J. Marton for Plaintiff and Lawrence Jay Rosenfeld and Leigh Anne Ciccarelli for Defendant. In court hearing held re discovery dispute. IT IS ORDERED granting Defendant's request for protective order. IT IS FURTHER ORDERED amending this court's Rule 16 Scheduling Order of December 19, 2002 to allow a total of 60 (rather than 40) single interrogatories, no subparts. [22-2] (SJF)
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Blank 21 Filed: 2/5/2003, Entered: 2/5/2003 OrderCourt Filing
ORDER by Judge Stephen M. McNamee telephonic conference between counsel reset for 2:45 2/6/03 (cc: all counsel) (DMT)
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Blank 20 Filed: 2/3/2003, Entered: 2/3/2003 OrderCourt Filing
ORDER by Judge Stephen M. McNamee ; setting telephonic conference between counsel for pla and dft for 4:00 2/3/03 (cc: all counsel) (DMT)
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Blank 19 Filed: 1/28/2003, Entered: 1/29/2003 Other Notice
NOTICE of service of discovery by dft. (DMT)
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Blank 18 Filed: 1/16/2003, Entered: 1/21/2003 Notice of Deposition
NOTICE by dft OF TAKING DEPO OF Malachi P Kenney on the following date(s): 3/4/03 (DMT)
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Blank 17 Filed: 1/16/2003, Entered: 1/21/2003 Notice of Deposition
NOTICE by pla Malachi P Kenney OF service of notice of TAKING DEPO OF Greg Barton on the following date(s): 3/5/03 (former emp)
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Blank 16 Filed: 1/7/2003, Entered: 1/8/2003 Other Notice
NOTICE of service of discovery by dft. (DMT)
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Blank 15 Filed: 12/30/2002, Entered: 12/31/2002 Other Notice
NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by pla and notice of disc (DMT)
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Blank 14 Filed: 12/23/2002, Entered: 12/23/2002 Scheduling OrderCourt Filing
SCHEDULING ORDER by Judge Stephen M. McNamee ; discovery due 6/6/03 ; dispositive motions due 7/11/03 (cc: all counsel) re: order (scheduling) [14-1] (DMT)
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Blank 13 Filed: 12/19/2002, Entered: 12/20/2002 Minutes-MiscellaneousCourt Filing
MINUTE ENTRY before Judge Stephen M. McNamee. Crt Rptr: Gary Moll. PRESENT: Kraig J. Marton for plaintiff. Plaintiff, Malachi P Kenney. Leigh Anne Ciccarelli, Lawrence Jay Rosenfeld, Frank B. Sbordone, and Kenneth Holmes for defendant. Rule 16 preliminary scheduling conference held. Order to follow. [cc: MP] [13-2] (ALL)
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Blank 12 Filed: 12/17/2002, Entered: 12/19/2002 Report re: Rule 26(f) Planning Meeting
CASE MGT PLAN/REPORT by pla only (DMT)
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Blank 11 Filed: 12/16/2002, Entered: 12/18/2002 Other Notice
NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by dft (DMT)
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Blank 10 Filed: 12/12/2002, Entered: 12/16/2002 Report re: Rule 26(f) Planning Meeting
CASE MGT PLAN/REPORT by dft only (DMT)
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Blank 9 Filed: 6/4/2002, Entered: 6/4/2002 OrderCourt Filing
ORDER by Judge Stephen M. McNamee ; prel scheduling conf set for 4:00 12/19/02 (cc: all counsel) (DMT)
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Blank 8 Filed: 5/6/2002, Entered: 5/6/2002 Minute Order - Miscellaneous
MINUTE ORDER a notice of withdrawal from arbitration having been received, counsel/parties are advised that this case is returned to the regular civil docket of the Honorable Stephen M. McNamee for all further proceedings. (cc: all counsel/SMM/AL) [8-1] re: order (minute) [8-1] (MAP)
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Blank -- Filed: 5/6/2002, Entered: 5/6/2002 Miscellaneous Document
NOTICE of removal from Arbitration (MAP)
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Blank 7 Filed: 4/22/2002, Entered: 4/22/2002 Minute Order - MiscellaneousCourt Filing
MINUTE ORDER that pursuant to Local Rule 1.2(e), a request has been received for a random reassignment of this case to a District Judge FURTHER ORDERED Case reassigned by random draw to Judge Stephen M. McNamee All further pleadings should now list the following COMPLETE case number: CIV-02-594-PHX-SMM (cc: all counsel/SMM/LOA) [7-2] (MAP)
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Blank 6 Filed: 4/18/2002, Entered: 4/22/2002 Election to Assign Case to District Judge
Party elects assignment of case to district judge ; mag election form ddl satisfied 4/18/02 (MAP)
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Blank 5 Filed: 4/18/2002, Entered: 4/18/2002 OrderCourt Filing
ORDER by Mag Judge Lawrence O. Anderson granting motion for admission pro hac vice as to Jeffrey Englander, atty for dft Peter Piper Inc [3-1] (cc: all counsel) (MAP)
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Blank 4 Filed: 4/16/2002, Entered: 4/16/2002 ADR-Miscellaneous
NOTICE: this case referred to Arbitration; removal from arbitration due 5/7/02 (cc: all counsel/LOA) (MAP)
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Blank 3 Filed: 4/12/2002, Entered: 4/16/2002, Terminated: 4/18/2002 Motion for Admission Pro Hac Vice
MOTION for admission pro hac vice as to Jeffrey Englander, atty for dft Peter Piper Inc [3-1] (MAP)
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Blank 2 Filed: 4/11/2002, Entered: 4/16/2002 Answer
ANSWER to Amended Complaint [1-2] by dft Peter Piper Inc (MAP)
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Blank 1 Filed: 4/4/2002, Entered: 4/4/2002 ADR-Miscellaneous
NOTICE of removal from Maricopa County Superior Court; Court Number: CV2001-019859. Considered for possible arbitration. (summons/complaint/amended complaint) (ESH)
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