Highland Capital v. Schneider, et al

Federal Civil Lawsuit New York Southern District Court, Case No. 1:02-cv-08098
District Judge VJ, Leonard B. Sand, presiding
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District Judge VJ, Leonard B. Sand
Last Updated July 22, 2017 at 11:17 PM EDT (8.3 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Highland Capital Management, LP, Plaintiff
Officer/Director, American Homepatient, Inc.
Officer/Director, Tlc Laser Center Inc
Officer/Director, Dondero James D
Officer/Director, Strand Advisors, Inc.
Officer/Director, Microvision, Inc.
Officer/Director, COMPLETE GENOMICS, Inc.
Officer/Director, NexPoint Advisors, L.P.
Officer/Director, Triton Pcs Holdings Inc

Represented by Unknown Firm

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Deborah Deitsch-Perez +1 212 310 8000 +1 214 560 2203

Represented by Lackey Hershman LLP

Name Phone Fax E-Mail
TERMINATED: 09/16/2003, LEAD ATTORNEY Kieran M. Corcoran +1 212 336 2490 +1 212 336 2222 kmc@lhlaw.net
LEAD ATTORNEY Scott S. Hershman +1 214 560 2201 + 214 560 2203 ssh@lhlaw.net
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Kristen Ann Miller Reinsch +1 214 560 2201 +1 214 560 2203 kam@lhlaw.net
LEAD ATTORNEY Jamie Ryan Welton +1 214 560 2201 +1 214 560 2203 jrw@lhlaw.net

Represented by Law Offices of Paul B. Lackey

Name Phone Fax E-Mail
LEAD ATTORNEY Paul Brian Lackey +1 214 560 2201 +1 214 560 2203 pbl@lhlaw.net

Represented by Trustees Of Princeton University

Name Phone Fax E-Mail
LEAD ATTORNEY William J. Candee, IV +1 212 572 6216 candee@alumni.princeton.edu
RBC Capital Markets Corporation RBC Capital Markets Corporation, Counter-Claimant

Represented by Unknown Firm

Name Phone Fax E-Mail
LEAD ATTORNEY Michael J. McNamara

Represented by Seward & Kissel LLP

Name Phone Fax E-Mail
LEAD ATTORNEY Jack Yoskowitz +1 212 574 1200 +1 212 480 8421 yoskowitz@sewkis.com
v.
No Logo Jenkens & Gilchrist, PC, Defendant
Officially listed as "Jenkens & Gilchrist Parker Chapin LLP"

Represented by Unknown Firm

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Katherine Ash +1 212 704 6000

Represented by Troutman Sanders, LLP

Name Phone Fax E-Mail
LEAD ATTORNEY Alvin M. Stein +1 212 704 6000 +1 212 704 6288 alvin.stein@troutmansanders.com
No Logo Leonard Schneider, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
LEAD ATTORNEY Katherine Ash +1 212 704 6000

Represented by Constangy, Brooks, Smith & Prophete LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Alvin M. Stein +1 212 704 6000 +1 212 704 6288 alvin.stein@troutmansanders.com

Represented by Debevoise & Plimpton LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Steven Klugman +1 212 909 6000 +1 212 909 6836 sklugman@debevoise.com
ATTORNEY TO BE NOTICED Edwin G. Schallert +1 212 909 6000 +1 212 909 6836 egschallert@debevoise.com

Represented by Fountain Place

Name Phone Fax E-Mail
LEAD ATTORNEY John A. Gilliam +1 214 855 4500
No Logo Leslie Schneider, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
LEAD ATTORNEY Katherine Ash +1 212 704 6000

Represented by Debevoise & Plimpton LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Steven Klugman +1 212 909 6000 +1 212 909 6836 sklugman@debevoise.com
ATTORNEY TO BE NOTICED Edwin G. Schallert +1 212 909 6000 +1 212 909 6836 egschallert@debevoise.com

Represented by Fountain Place

Name Phone Fax E-Mail
LEAD ATTORNEY John A. Gilliam +1 214 855 4500

Represented by Otterbourg, Steindler, Houston & Rosen, PC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Daniel Wallen +1 212 661 9100 +1 212 682 6204 dwallen@oshr.com

Represented by Troutman Sanders, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Alvin M. Stein +1 212 704 6000 +1 212 704 6288 alvin.stein@troutmansanders.com
No Logo Scott Scneider, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
LEAD ATTORNEY Katherine Ash +1 212 704 6000

Represented by Debevoise & Plimpton LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Steven Klugman +1 212 909 6000 +1 212 909 6836 sklugman@debevoise.com
ATTORNEY TO BE NOTICED Edwin G. Schallert +1 212 909 6000 +1 212 909 6836 egschallert@debevoise.com

Represented by Fountain Place

Name Phone Fax E-Mail
LEAD ATTORNEY John A. Gilliam +1 214 855 4500

Represented by Otterbourg, Steindler, Houston & Rosen, PC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Daniel Wallen +1 212 661 9100 +1 212 682 6204 dwallen@oshr.com

Represented by Troutman Sanders, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Alvin M. Stein +1 212 704 6000 +1 212 704 6288 alvin.stein@troutmansanders.com
No Logo Susan Schneider, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
LEAD ATTORNEY Katherine Ash +1 212 704 6000

Represented by Debevoise & Plimpton LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Steven Klugman +1 212 909 6000 +1 212 909 6836 sklugman@debevoise.com
ATTORNEY TO BE NOTICED Edwin G. Schallert +1 212 909 6000 +1 212 909 6836 egschallert@debevoise.com

Represented by Fountain Place

Name Phone Fax E-Mail
LEAD ATTORNEY John A. Gilliam +1 214 855 4500

Represented by Otterbourg, Steindler, Houston & Rosen, PC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Daniel Wallen +1 212 661 9100 +1 212 682 6204 dwallen@oshr.com

Represented by Troutman Sanders, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Alvin M. Stein +1 212 704 6000 +1 212 704 6288 alvin.stein@troutmansanders.com
No Logo Leonard Schneider, Counter-Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
LEAD ATTORNEY Katherine Ash +1 212 704 6000

Represented by Debevoise & Plimpton LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Steven Klugman +1 212 909 6000 +1 212 909 6836 sklugman@debevoise.com
ATTORNEY TO BE NOTICED Edwin G. Schallert +1 212 909 6000 +1 212 909 6836 egschallert@debevoise.com

Represented by Fountain Place

Name Phone Fax E-Mail
LEAD ATTORNEY John A. Gilliam +1 214 855 4500

Represented by Troutman Sanders, LLP

Name Phone Fax E-Mail
Space Alvin M. Stein +1 212 704 6000 +1 212 704 6288 alvin.stein@troutmansanders.com
No Logo Leslie Schneider, Counter-Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
LEAD ATTORNEY Katherine Ash +1 212 704 6000

Represented by Debevoise & Plimpton LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Steven Klugman +1 212 909 6000 +1 212 909 6836 sklugman@debevoise.com
ATTORNEY TO BE NOTICED Edwin G. Schallert +1 212 909 6000 +1 212 909 6836 egschallert@debevoise.com

Represented by Fountain Place

Name Phone Fax E-Mail
LEAD ATTORNEY John A. Gilliam +1 214 855 4500

Represented by Otterbourg, Steindler, Houston & Rosen, PC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Daniel Wallen +1 212 661 9100 +1 212 682 6204 dwallen@oshr.com

Represented by Troutman Sanders, LLP

Name Phone Fax E-Mail
Space Alvin M. Stein +1 212 704 6000 +1 212 704 6288 alvin.stein@troutmansanders.com
No Logo Scott Scneider, Counter-Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
LEAD ATTORNEY Katherine Ash +1 212 704 6000

Represented by Debevoise & Plimpton LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Steven Klugman +1 212 909 6000 +1 212 909 6836 sklugman@debevoise.com
ATTORNEY TO BE NOTICED Edwin G. Schallert +1 212 909 6000 +1 212 909 6836 egschallert@debevoise.com

Represented by Fountain Place

Name Phone Fax E-Mail
LEAD ATTORNEY John A. Gilliam +1 214 855 4500

Represented by Otterbourg, Steindler, Houston & Rosen, PC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Daniel Wallen +1 212 661 9100 +1 212 682 6204 dwallen@oshr.com

Represented by Troutman Sanders, LLP

Name Phone Fax E-Mail
Space Alvin M. Stein +1 212 704 6000 +1 212 704 6288 alvin.stein@troutmansanders.com
No Logo Susan Schneider, Counter-Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
LEAD ATTORNEY Katherine Ash +1 212 704 6000

Represented by Debevoise & Plimpton LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Steven Klugman +1 212 909 6000 +1 212 909 6836 sklugman@debevoise.com
ATTORNEY TO BE NOTICED Edwin G. Schallert +1 212 909 6000 +1 212 909 6836 egschallert@debevoise.com

Represented by Fountain Place

Name Phone Fax E-Mail
LEAD ATTORNEY John A. Gilliam +1 214 855 4500

Represented by Otterbourg, Steindler, Houston & Rosen, PC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Daniel Wallen +1 212 661 9100 +1 212 682 6204 dwallen@oshr.com

Represented by Troutman Sanders, LLP

Name Phone Fax E-Mail
Space Alvin M. Stein +1 212 704 6000 +1 212 704 6288 alvin.stein@troutmansanders.com
Other Parties
No Logo Leonard Schneider, Third Party Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
LEAD ATTORNEY Katherine Ash +1 212 704 6000

Represented by Debevoise & Plimpton LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Steven Klugman +1 212 909 6000 +1 212 909 6836 sklugman@debevoise.com
ATTORNEY TO BE NOTICED Edwin G. Schallert +1 212 909 6000 +1 212 909 6836 egschallert@debevoise.com

Represented by Fountain Place

Name Phone Fax E-Mail
LEAD ATTORNEY John A. Gilliam +1 214 855 4500

Represented by Troutman Sanders, LLP

Name Phone Fax E-Mail
Space Alvin M. Stein +1 212 704 6000 +1 212 704 6288 alvin.stein@troutmansanders.com
No Logo Leslie Schneider, Third Party Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
LEAD ATTORNEY Katherine Ash +1 212 704 6000

Represented by Debevoise & Plimpton LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Steven Klugman +1 212 909 6000 +1 212 909 6836 sklugman@debevoise.com
ATTORNEY TO BE NOTICED Edwin G. Schallert +1 212 909 6000 +1 212 909 6836 egschallert@debevoise.com

Represented by Fountain Place

Name Phone Fax E-Mail
LEAD ATTORNEY John A. Gilliam +1 214 855 4500

Represented by Otterbourg, Steindler, Houston & Rosen, PC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Daniel Wallen +1 212 661 9100 +1 212 682 6204 dwallen@oshr.com

Represented by Troutman Sanders, LLP

Name Phone Fax E-Mail
Space Alvin M. Stein +1 212 704 6000 +1 212 704 6288 alvin.stein@troutmansanders.com
No Logo Scott Scneider, Third Party Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
LEAD ATTORNEY Katherine Ash +1 212 704 6000

Represented by Debevoise & Plimpton LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Steven Klugman +1 212 909 6000 +1 212 909 6836 sklugman@debevoise.com
ATTORNEY TO BE NOTICED Edwin G. Schallert +1 212 909 6000 +1 212 909 6836 egschallert@debevoise.com

Represented by Fountain Place

Name Phone Fax E-Mail
LEAD ATTORNEY John A. Gilliam +1 214 855 4500

Represented by Otterbourg, Steindler, Houston & Rosen, PC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Daniel Wallen +1 212 661 9100 +1 212 682 6204 dwallen@oshr.com

Represented by Troutman Sanders, LLP

Name Phone Fax E-Mail
Space Alvin M. Stein +1 212 704 6000 +1 212 704 6288 alvin.stein@troutmansanders.com
No Logo Susan Schneider, Third Party Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
LEAD ATTORNEY Katherine Ash +1 212 704 6000

Represented by Debevoise & Plimpton LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Steven Klugman +1 212 909 6000 +1 212 909 6836 sklugman@debevoise.com
ATTORNEY TO BE NOTICED Edwin G. Schallert +1 212 909 6000 +1 212 909 6836 egschallert@debevoise.com

Represented by Fountain Place

Name Phone Fax E-Mail
LEAD ATTORNEY John A. Gilliam +1 214 855 4500

Represented by Otterbourg, Steindler, Houston & Rosen, PC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Daniel Wallen +1 212 661 9100 +1 212 682 6204 dwallen@oshr.com

Represented by Troutman Sanders, LLP

Name Phone Fax E-Mail
Space Alvin M. Stein +1 212 704 6000 +1 212 704 6288 alvin.stein@troutmansanders.com
RBC Capital Markets Corporation RBC Capital Markets Corporation, Third Party Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
LEAD ATTORNEY Michael J. McNamara

Represented by Seward & Kissel LLP

Name Phone Fax E-Mail
LEAD ATTORNEY Michael James McNamara +1 212 574 1200 +1 212 480 8421 McNamara@sewkis.com
LEAD ATTORNEY Jack Yoskowitz +1 212 574 1200 +1 212 480 8421 yoskowitz@sewkis.com
Attributes
Citation Section 28 U.S.C. § 1332
Nature of Suit 190 - Contract: Other Contract Actions
Timeline
  Entries (275) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Sealed Legal Document 291 Filed: 7/25/2012, Entered: None
SEALED MATERIALS DISPOSED: Document(s) 72, 92, 104, 117, 122, 137, 158, 181 and 182 were destroyed since the filing party did not retrieve the material(s) within 30 days of the date indicated. The sealed record(s) were destroyed on 7/25/2012.(nm) (Entered: 07/25/2012)
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Sealed Legal Document 290 Filed: 7/25/2012, Entered: None
SEALED MATERIALS DISPOSED: Document(s) 106 and 108 were destroyed since the filing party did not retrieve the material(s) within 30 days of the date indicated. The sealed record(s) were destroyed on 7/25/2012.(nm) (Entered: 07/25/2012)
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Legal Document (Payment Possibly Required) 289 Filed: 6/26/2012, Entered: None
NOTICE TO ATTORNEY TO RETRIEVE SEALED MATERIAL: Notice to the attorney of record for the filing party to retrieve sealed document number 72, 92, 104, 117, 122, 137, 158, 181 and 182 within thirty (30) days, or the Court will dispose of them. Sealed Records Retrieval due by 7/26/2012. (nm) (Entered: 06/26/2012)
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Sealed Legal Document 288 Filed: 6/21/2012, Entered: None
SEALED MATERIALS DISPOSED: Document(s) 73, 111, 112 and 134 were destroyed per filing party request. The sealed record(s) were destroyed on 6/21/2012.(nm) (Entered: 06/21/2012)
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Legal Document (Payment Possibly Required) 287 Filed: 6/20/2012, Entered: None
NOTICE TO ATTORNEY TO RETRIEVE SEALED MATERIAL: Notice to the attorney of record for the filing party to retrieve sealed document number 106 and 108 within thirty (30) days, or the Court will dispose of them. Sealed Records Retrieval due by 7/20/2012. (nm) (Entered: 06/20/2012)
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Legal Document (Payment Possibly Required) 286 Filed: 6/20/2012, Entered: None
NOTICE TO ATTORNEY TO RETRIEVE SEALED MATERIAL: Notice to the attorney of record for the filing party to retrieve sealed document number 73, 111, 112 and 134 within thirty (30) days, or the Court will dispose of them. Sealed Records Retrieval due by 7/20/2012. (nm) (Entered: 06/20/2012)
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Legal Document (Payment Possibly Required) 285 Filed: 2/7/2011, Entered: None
Costs Taxed as to 260 USCA Mandate, USCA Case Number 08-4630-cv. in the amount of $5298.12. Docketed as Judgment #11,0210 on 2/7/2011 in favor of Appellants Leonard Schneider, Leslie Schneider, Scott Schneider, and Susan Schneider against Appellee Highland Capital Management LLP. (nd) (Entered: 02/08/2011)
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Legal Document (Payment Possibly Required) 284 Filed: 12/22/2010, Entered: None
AMENDED BILL OF COSTS docketed as Judgment #10,1717 on 12/22/2010 in favor of Defendants, Third-Party Plaintiffs and Third-Party Counterclaim Defendants Leonard Schneider, Leslie Schneider, Scott Schneider and Susan Schneider against Plaintiff Highland Capital Management LP and Third-Party Defendant and Third Party Counterclaimant RBC Capital Markets Corporation. Plaintiffs and Third Party Defendants in the amount of $226,245.56, as against to RBC Capital Third Party Defendants and Third Party Counterclaimants is in the amount of $180,827.62 for a total amount of $407,073.18. (1) The Schneiders are awarded a total amount of $407,07318 in taxable costs. (2) Of the $407,073.18 awarded the Schneiders, $226,245.56 is taxable against Highland and $180,827.62 is taxable against RBC. The Clerk of Court is hereby directed to amend the Judgment in accordance with this Order. (mbe) (Entered: 12/22/2010)
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Legal Document (Payment Possibly Required) 283 Filed: 12/20/2010, Entered: None Court Filing
ORDER granting in part and denying in part 268 Motion to review and vacate the judgments; granting in part and denying in part 275 Motion to review and vacate the judgments; The Schneiders are awarded a total of $407,073.18 in taxable costs. Of the $407,073.18 awarded to the Schneiders, $226,245.56 is taxable against Highland and $180,827.62 is taxable against RBC. The Clerk of the Court is hereby directed to amend the Judgment in accordance with this Order. (Signed by Judge Leonard B. Sand on 12/20/10); (djc) (Entered: 12/20/2010)
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Legal Document (Payment Possibly Required) 282 Filed: 11/12/2010, Entered: None
REPLY MEMORANDUM OF LAW in Support re: 263 CROSS-MOTION for Review of the Clerk's Award of Costs.. Document filed by Leonard Schneider, Leslie Schneider, Susan Schneider, Scott Scneider. (mbe) (Entered: 11/15/2010)
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Legal Document (Payment Possibly Required) 281 Filed: 11/12/2010, Entered: None
REPLY MEMORANDUM OF LAW in Further Support re: 275 MOTION to Review and Vacate the Clerk's Taxation of Costs. Document filed by RBC Capital Markets Corporation. (mro) (Entered: 11/15/2010)
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Legal Document (Payment Possibly Required) 280 Filed: 11/10/2010, Entered: None
DECLARATION of Kristen A. Miller Reinach in Support of Highland Capital Management, L.P.'s Reply in Support of Motion fro Review and to Vacate the Clerk's Award of Costs. Document filed by Highland Capital Management LP. (mbe) (Entered: 11/15/2010)
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Legal Document (Payment Possibly Required) 279 Filed: 11/10/2010, Entered: None
REPLY in Support of Motion for Review and to Vacate this Clerk's Award of Cost. Document filed by Highland Capital Management LP. (mbe) (Entered: 11/15/2010)
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Legal Document (Payment Possibly Required) 278 Filed: 11/2/2010, Entered: None
MEMORANDUM OF LAW in Opposition re: 263 CROSS- MOTION for Review of the Clerk's Award of Costs. Document filed by RBC Capital Markets Corporation. (mbe) (Entered: 11/03/2010)
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Legal Document (Payment Possibly Required) 277 Filed: 11/2/2010, Entered: None
AFFIDAVIT of Michael J. McNamara in Support re: 275 MOTION to Review and Vacate the Clerk's Taxation of Costs. Document filed by RBC Capital Markets Corporation. (mbe) (Entered: 11/03/2010)
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Legal Document (Payment Possibly Required) 276 Filed: 11/2/2010, Entered: None
MEMORANDUM OF LAW in Support re: 275 MOTION to Review and Vacate the Clerk's Taxation of Costs. Document filed by RBC Capital Markets Corporation. (mbe) (Entered: 11/03/2010)
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Legal Document (Payment Possibly Required) 275 Filed: 11/2/2010, Entered: None
MOTION to Review and Vacate the Clerk's Taxation of Costs. Document filed by RBC Capital Markets Corporation.(mbe) (Entered: 11/03/2010)
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Legal Document (Payment Possibly Required) 274 Filed: 11/2/2010, Entered: None
DECLARATION of Susan Schneider in Opposition re: 268 MOTION FOR REVIEW AND TO VACATE THE CLERK'S AWARD OF COSTS. Document filed by Susan Schneider. (mro) (Entered: 11/03/2010)
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Legal Document (Payment Possibly Required) 273 Filed: 11/2/2010, Entered: None
THE SCHNEIDERS' MEMORANDUM in Opposition re: 268 MOTION FOR REVIEW AND TO VACATE THE CLERK'S AWARD OF COSTS. Document filed by Leonard Schneider, Leslie Schneider, Susan Schneider, Scott Scneider. (mro) (Entered: 11/03/2010)
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Legal Document (Payment Possibly Required) 272 Filed: 11/1/2010, Entered: None
DECLARATION of Kristen A. Miller Reinsch in Support re: 271 Memorandum of Law in Opposition to Cross-Motion to Review the Clerk's Award of Costs. Document filed by Highland Capital Management LP. (mbe) (Entered: 11/02/2010)
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Legal Document (Payment Possibly Required) 271 Filed: 11/1/2010, Entered: None
MEMORANDUM OF LAW in Opposition re: 263 MOTION for Review of the Clerk's Award of Costs. Document filed by Highland Capital Management LP. (mbe) (Entered: 11/02/2010)
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Legal Document (Payment Possibly Required) 270 Filed: 11/1/2010, Entered: None
DECLARATION of Kristen A. Miller Reinsch in Support re: 268 MOTION FOR REVIEW AND TO VACATE THE CLERK'S AWARD OF COSTS. Document filed by Highland Capital Management LP. (mbe) (Entered: 11/02/2010)
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Legal Document (Payment Possibly Required) 269 Filed: 11/1/2010, Entered: None
MEMORANDUM OF LAW in Support re: 268 MOTION FOR REVIEW AND TO VACATE THE CLERK'S AWARD OF COSTS. Document filed by Highland Capital Management LP. (mbe) (Entered: 11/02/2010)
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Legal Document (Payment Possibly Required) 268 Filed: 11/1/2010, Entered: None
MOTION FOR REVIEW AND TO VACATE THE CLERK'S AWARD OF COSTS. Document filed by Highland Capital Management LP.(mbe) (Entered: 11/02/2010)
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Legal Document (Payment Possibly Required) 267 Filed: 11/1/2010, Entered: None Court Filing
NOTICE OF CASE REASSIGNMENT to Judge Leonard B. Sand. Judge Peter K. Leisure is no longer assigned to the case. (ldi) (Entered: 11/01/2010)
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Legal Document (Payment Possibly Required) 266 Filed: 10/28/2010, Entered: None Court Filing
ORDER that the Order of this Court, dated 10/26/10 is hereby Withdrawn, pending submissions from all interested parties re: 265 Order on Motion for Miscellaneous Relief. (Signed by Judge Peter K. Leisure on 10/27/10) Copies Sent By Chambers. (cd) (Entered: 10/28/2010)
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Legal Document (Payment Possibly Required) 265 Filed: 10/26/2010, Entered: None Court Filing
ORDER: IT IS HEREBY ORDERED, that the Cross-Motion for Review of the Clerk's Award of Costs, and upon the declaration of Robert H. Chandler in Support of said motion, be GRANTED, insofar as to amend the October 6, 2010 Judgment to allow taxable costs to include the amount of $99,418.03 incurred by the Schneiders in connection to the nine letters of credit as alternative security. IT IS FURTHER ORDERED that the Judgment shall stand in all other respects. (Signed by Judge Peter K. Leisure on 10/26/2010) (jfe) (Entered: 10/26/2010)
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Legal Document (Payment Possibly Required) 264 Filed: 10/14/2010, Entered: None
DECLARATION of Robert H. Chandler in Support re: 263 CROSS-MOTION for Review of the Clerk's Award of Costs. ***Exhibits A-G attached hereto. Document filed by Highland Capital Management LP. (mro) (Entered: 10/15/2010)
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Legal Document (Payment Possibly Required) 263 Filed: 10/14/2010, Entered: None
CROSS-MOTION for Review of the Clerk's Award of Costs. Document filed by Highland Capital Management LP.(mro) (Entered: 10/15/2010)
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Legal Document (Payment Possibly Required) 262 Filed: 10/6/2010, Entered: None
BILL OF COSTS docketed as Judgment #10,1717 on 10/6/2010 in favor of Defendants, Third-Party Plaintiffs and Third-Party Counterclaim Defendants for the sum of $539,960.92.(mbe) (Entered: 10/07/2010)
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Legal Document (Payment Possibly Required) 261 Filed: 9/20/2010, Entered: None Court Filing
JUDGMENT in favor of defendants, Leonard Schneider, Leslie Schneider, Scott Schneider, and Susan Schneider, and thereby closing the this case. (Signed by Judge Peter K. Leisure on 9/20/10) (Attachments: # 1 notice of right to appeal)(ml) (Entered: 09/21/2010)
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Legal Document (Payment Possibly Required) 260 Filed: 9/13/2010, Entered: None
MANDATE of USCA (Certified Copy) as to 258 Notice of Appeal, filed by Leslie Schneider, Leonard Schneider, Scott Scneider, Susan Schneider USCA Case Number 08-4630-cv. Ordered, Adjudged and Decreed that the order of the District Court is REVERSED, and the case is REMANDED with instructions to enter judgment in favor of Defendants in accordance with the opinion of this court. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 09/13/2010. (nd) (Entered: 09/13/2010)
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Legal Document (Payment Possibly Required) 259 Filed: 10/1/2008, Entered: None
Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for 258 Notice of Appeal, filed by Leslie Schneider, Leonard Schneider, Scott Scneider, Susan Schneider USCA Case Number 08-4630, 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (tp) (tp). (Entered: 10/02/2008)
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Legal Document (Payment Possibly Required) 258 Filed: 9/18/2008, Entered: None
NOTICE OF APPEAL from 257 Corrected Amended Judgment. Document filed by Leonard Schneider, Leslie Schneider, Scott Scneider, Susan Schneider. Filing fee $ 455.00, receipt number E 663600. Copies of Notice of Appeal mailed to attorney(s) of record: Lackey Hershman, LLP; Seward & Kissell LLP; Law Office of William J. Candee. (nd) (nd). (Entered: 09/18/2008)
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Legal Document (Payment Possibly Required) 257 Filed: 8/20/2008, Entered: None Court Filing
CORRECTED AMENDED CIVIL JUDGMENT #08,0433 amending 223 Amended Judgment; That the plaintiff RBC have judgment in the sum of $28,436,294.21 as against defendants, as follows: Against Leonard Schneider for a total of $19,411,278.21 ($12,089,817.33 plus pre-judgment interest from June 19,2001 to March 10,2008 in the amount of $7,321,460.88); Against Leslie Schneider for a total of $368,828.32 ($248,400.00 plus prejudgment interest from June 19,2001 to March 10,2008 in the amount of$150,428.32); Against Susan Schneider for a total of $368,828.32 ($248,400.00 plus prejudgment interest from June 19,2001 to March 10,2008 in the amount of $150,428.32); Against Scott Schneider for a total of $199,414.16 ($124,200 plus pre-judgment interest from June 19, 2001 to March 10, 2008 in the amount of $75,214. 16); and Against Leonard Schneider, Leslie Schneider, Susan Schneider, and Scott Schneider, jointly and severally, for a total of $8,027,945.20 ($5,000,000 plus prejudgment interest from June 19, 2001 to March 10, 2008 in the amount of $3,027,945.20). That the plaintiff Highland have judgment in the sum of $36,056,323.74 as against defendants, as follows: Against Leonard Schneider for a total of$3,173,974.33 ($1,977,212.50 plus prejudgment interest from June 19,2001 to March 10,2008 in the amount of $1,196,761.83); Against Leslie Schneider for a total of$13,155,659.68 ($8,191,918.00 plus prejudgment interest from June 19, 2001 to March 10, 2008 in the amount of $4,963,841.68); Against Susan Schneider for a total of $13, 155,659.68 ($8,191,918.00 plus prejudgment interest from June 19,2001 to March 10,2008 in the amount of $4,963,841.68); and Against Scott Schneider for a total of $6,571,030.05 ($4,095,909.00 plus prejudgment interest from June 19,2001 to March 10,2008 in the amount of $2,4 75,121.05). That the plaintiffs Highland and RBC shall be entitled to post-judgment interest against defendants, beginning on March 11, 2008, pursuant to provision of 28 u.s.c. § 1961, at 1.66%. (Signed by Judge Peter K. Leisure on 8/20/2008) (jp) Modified on 8/20/2008 (ml). (Additional attachment(s) added on 8/20/2008: # 1 notice of right to appeal) (ml). (Additional attachment(s) added on 8/20/2008: # 2 judgment) (ml). (Entered: 08/20/2008)
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Legal Document (Payment Possibly Required) 256 Filed: 8/20/2008, Entered: None Court Filing
OPINION AND ORDER #96398: For the reasons set forth above, defendants' motion for judgment as a matter of law, or in the alternative, for a new trial is hereby DENIED. Plaintiffs' joint motion to correct the judgment is hereby granted, and defendants' motion to alter or amend the judgment is hereby DENIED. So Ordered (Signed by Judge Peter K. Leisure on 8/20/08) (js) Modified on 8/20/2008 (rw). (Entered: 08/20/2008)
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Legal Document (Payment Possibly Required) 255 Filed: 5/29/2008, Entered: None
Third-Party Defendant and Third-Party Counter-Claimant RBC Capital Markets Corporation's Reply Memorandum of Law in Furthner Support of re: 229 MOTION to Amend/Correct. Document filed by RBC Dominion Securities Corp. (djc) (Entered: 06/04/2008)
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Legal Document (Payment Possibly Required) 254 Filed: 5/29/2008, Entered: None
REPLY MEMORANDUM OF LAW in Support re: 226 MOTION to Alter Judgment re: 214 Judgment,. MOTION to Alter Judgment re: 214 Judgment. Document filed by Leonard Schneider, Leslie Schneider, Scott Scneider, Susan Schneider, Jenkens & Gilchrist Parker Chapin LLP. (pl) (Entered: 05/30/2008)
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Legal Document (Payment Possibly Required) 253 Filed: 5/29/2008, Entered: None
REPLY DECLARATION of Katherine C. Ash in Support re: 227 MOTION for Judgment as a Matter of Law. Document filed by Leonard Schneider, Leslie Schneider, Scott Scneider, Susan Schneider. (pl) (Entered: 05/30/2008)
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Legal Document (Payment Possibly Required) 252 Filed: 5/29/2008, Entered: None
REPLY MEMORANDUM OF LAW in Support re: 227 MOTION for Judgment as a Matter of Law. Document filed by Leonard Schneider, Leslie Schneider, Scott Scneider, Susan Schneider, Jenkens & Gilchrist Parker Chapin LLP. (pl) (Entered: 05/30/2008)
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Legal Document (Payment Possibly Required) 251 Filed: 5/28/2008, Entered: None
NOTICE OF APPEARANCE by Daniel Wallen on behalf of Leslie Schneider, Scott Scneider, Susan Schneider (dle) (Entered: 05/30/2008)
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Legal Document (Payment Possibly Required) 250 Filed: 5/28/2008, Entered: None
NOTICE OF APPEARANCE by Steven Klugman, Edwin G. Schallert on behalf of Leonard Schneider, Leslie Schneider, Scott Scneider, Susan Schneider (dle) (Entered: 05/29/2008)
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Legal Document (Payment Possibly Required) 249 Filed: 5/29/2008, Entered: None
REPLY to Response to Motion re: 229 MOTION to Amend/Correct.. Document filed by Highland Capital Management LP. (pl) (Entered: 05/29/2008)
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Legal Document (Payment Possibly Required) 248 Filed: 5/27/2008, Entered: None Court Filing
STIPULATION AND ORDER TO STAY EXECUTION OF JUDGMENT: Regarding procedures to be followed that shall govern the handling of the stay to execute the judgment. (Signed by Judge Peter K. Leisure on 5/27/08) (mme) (Entered: 05/27/2008)
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Legal Document (Payment Possibly Required) 247 Filed: 5/21/2008, Entered: None Court Filing
ENDORSED LETTER addressed to Judge Peter K. Leisure from Katherine C. Ash dated 5/21/2008 re: Counsel request that the Court extend the reply papers on the 3 motions, due on May 23, 2008 to be extended to May 29, 2008. ENDORSEMENT: So Ordered. (Signed by Judge Peter K. Leisure on 5/21/2008) (jfe) (Entered: 05/21/2008)
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Legal Document (Payment Possibly Required) 246 Filed: 5/20/2008, Entered: None Court Filing
STIPULATION AND ORDER FOR STAY OF EXECUTION OF JUDGMENT: The hearing before Judge Peter K. Leisure, presently scheduled for 5/20/08 at 10:30 a.m. is adjourned to 5/22/08 at 2:15 p.m. Execution on the Judgment and any proceedings to collect the Judgment, shall be stayed until 5:00 p.m on 5/29/08. The stay pursuant to paragraph 2 shall terminate at 5:00 p.m on 5/29/08. (Signed by Judge Peter K. Leisure on 5/20/08) (dle) (Entered: 05/20/2008)
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Legal Document (Payment Possibly Required) 245 Filed: 5/5/2008, Entered: None Court Filing
STIPULATION AND ORDER FOR STAY OF EXECUTION OF JUDGMENT: The hearing is adjourned until May 20, 2008 at 10:30 a.m. Execution on the Judgment, and any proceeding to collect the Judgment, shall be stayed until 5:00pm on 5/22/08. The stay pursuant to paragraph 2 shall terminate at 5:00pm on 5/22/08. ( Status Conference set for 5/20/2008 at 10:30 AM before Judge Peter K. Leisure.) (Signed by Judge Peter K. Leisure on 5/5/08) (tro) (Entered: 05/05/2008)
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Legal Document (Payment Possibly Required) 244 Filed: 5/5/2008, Entered: None
MEMORANDUM OF LAW in Opposition to Defendants' Motions Under Rules 50 and 59. Document filed by Highland Capital Management LP. (jmi) (Entered: 05/05/2008)
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Legal Document (Payment Possibly Required) 243 Filed: 5/1/2008, Entered: None
DEFENDANTS' MEMORANDUM OF LAW in Opposition re: 229 MOTION to Amend/Correct. Document filed by Leonard Schneider, Leslie Schneider, Scott Scneider, Susan Schneider, Jenkens & Gilchrist Parker Chapin LLP. (jmi) (Entered: 05/02/2008)
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Legal Document (Payment Possibly Required) 242 Filed: 4/30/2008, Entered: None
AFFIDAVIT of Michael McNamara in Opposition re: 226 MOTION to Alter Judgment re: 214 Judgment,. MOTION to Alter Judgment re: 214 Judgment,. Document filed by RBC Dominion Securities Corp.. (cd) (Entered: 05/01/2008)
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Legal Document (Payment Possibly Required) 241 Filed: 4/30/2008, Entered: None
MEMORANDUM OF LAW in Opposition re: 226 MOTION to Alter Judgment re: 214 Judgment,. MOTION to Alter Judgment re: 214 Judgment,. Document filed by RBC Dominion Securities Corp.. (cd) (Entered: 05/01/2008)
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Legal Document (Payment Possibly Required) 240 Filed: 4/30/2008, Entered: None
MEMORANDUM OF LAW in Opposition re: 226 MOTION to Alter Judgment re: 214 Judgment,. MOTION to Alter Judgment re: 214 Judgment,.. Document filed by RBC Dominion Securities Corp.. (cd) (Entered: 05/01/2008)
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Legal Document (Payment Possibly Required) 239 Filed: 5/1/2008, Entered: None Court Filing
ENDORSED LETTER addressed to Judge Peter K. Leisure from Michael J. McNamara dated 4/30/08 re: Counsel for Third-Party Defendant and Third-Party Counter-Claimant RBC Capital Markets Corporation request that the Court grant permission to file a 62 page memorandum in respond to Defendants' motion. ENDORSEMENT: SO ORDERED. (Signed by Judge Peter K. Leisure on 4/30/08) (tro) (Entered: 05/01/2008)
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Legal Document (Payment Possibly Required) 238 Filed: 4/23/2008, Entered: None Court Filing
ENDORSED LETTER addressed to Judge Leisure from Jack Yoskowitz dated 4/21/2008 re: counsel writes to request a one-week extension of the briefing schedule for the three motions with respect to the amended judgment, with opposition papers to be served and filed on 4/30/2008, and reply papers to be served and filed on 5/23/2008. ENDORSEMENT: So Ordered. (Signed by Judge Peter K. Leisure on 4/23/2008) (jp) (Entered: 04/23/2008)
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Legal Document (Payment Possibly Required) 237 Filed: 4/21/2008, Entered: None Court Filing
STIPULATION AND ORDER FOR STAY OF EXECUTION OF JUDGMENT; that the hearing before Judge Peter K. Leisure, presently scheduled for 4/21/08 at 10:30 a.m. is adjourned to 5/5/08 at 10:30 a.m. Execution on the Judgment, and any proceedings to collect the Judgment, shall be stayed until 5:00 p.m. on 5/8/08. The stay pursuant to paragraph 2 shall terminate at 5:00 p.m. on 5/8/08. (Signed by Judge Peter K. Leisure on 4/21/08) (pl) (Entered: 04/21/2008)
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Legal Document (Payment Possibly Required) 236 Filed: 4/14/2008, Entered: None Court Filing
STIPULATION AND ORDER FOR STAY OF EXECUTION OF JUDGMENT: It is hereby ordered and agreed by and between the parties that the hearing before Judge Peter K. Leisure, presently scheduled for April 14, 2008 at 10:30 a.m. is adjourned to April 21, 2008. Execution on the judgment, and any proceedings to collect the Judgment shall be stayed until 5:00 p.m. on April 24, 2008. The stay pursuant to paragraph 2 shall terminate at 5:00 p.m. on April 24, 2008. (Signed by Judge Peter K. Leisure on 4/14/2008) (jpo) (Entered: 04/14/2008)
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Legal Document (Payment Possibly Required) 235 Filed: 4/8/2008, Entered: None Court Filing
ENDORSED LETTER addressed to Judge Peter K. Leisure from Katherine C. Ash dated 4/3/08 re: Defendants request oral argument. Plaintiff and RBC wish to avoid the time and costs associated with oral argument, and are content to rely on the papers. ENDORSEMENT: Oral argument, if needed will be scheduled at a date and time convenient for all parties. So Ordered. (Signed by Judge Peter K. Leisure on 4/7/08) (js) (Entered: 04/08/2008)
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Legal Document (Payment Possibly Required) 234 Filed: 4/7/2008, Entered: None Court Filing
TRANSCRIPT of proceedings held on March 5,6, 2008 before Judge Peter K. Leisure. (ama) (Entered: 04/07/2008)
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Legal Document (Payment Possibly Required) 233 Filed: 4/7/2008, Entered: None Court Filing
TRANSCRIPT of proceedings held on Feb. 28,29 and March 3,4, 2008 before Judge Peter K. Leisure. (ama) (Entered: 04/07/2008)
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Legal Document (Payment Possibly Required) 232 Filed: 4/7/2008, Entered: None Court Filing
TRANSCRIPT of proceedings held on Feb. 20,21,22,25,26,27,2008 before Judge Peter K. Leisure. (ama) (Entered: 04/07/2008)
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Legal Document (Payment Possibly Required) 231 Filed: 4/7/2008, Entered: None Court Filing
TRANSCRIPT of proceedings held on 2/19,20, 2008 before Judge Peter K. Leisure. (ama) (Entered: 04/07/2008)
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Legal Document (Payment Possibly Required) 230 Filed: 3/31/2008, Entered: None Court Filing
STIPULATION AND ORDER FOR STAY OF EXECUTION OF JUDGMENT: (1) The 4/1/08 Hearing before Judge Peter K. Leisure is adjourned to 4/14/08 at 10:30 a.m. (2) Execution on the Judgment, and any proceedings to collect the Judgment, shall be stayed until 5:00 p.m. on 4/17/08. (3) The stay pursuant to paragraph 2 shall terminate at 5:00 p.m. on 4/17/08. (Signed by Judge Peter K. Leisure on 3/31/08) (db) (Entered: 03/31/2008)
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Legal Document (Payment Possibly Required) 229 Filed: 3/25/2008, Entered: None
PLAINTIFFS' JOINT MOTION TO CORRECT THE JUDGMENT AND MEMORANDUM IN SUPPORT. Document filed by RBC Dominion Securities Corp., Highland Capital Management LP.(dle) (Entered: 03/26/2008)
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Legal Document (Payment Possibly Required) 228 Filed: 3/26/2008, Entered: None
MEMORANDUM OF LAW in Support re: 227 MOTION for Judgment as a Matter of Law. Document filed by Leonard Schneider, Leslie Schneider, Scott Scneider, Susan Schneider, Jenkens & Gilchrist Parker Chapin LLP.(Received night deposit box 3/24/08 at 11:12 p.m.) (rw) Modified on 3/26/2008 (rw). (Entered: 03/26/2008)
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Legal Document (Payment Possibly Required) 227 Filed: 3/26/2008, Entered: None
MOTION for Judgment as a Matter of Law with attached Declaration in Support. Document filed by Leonard Schneider, Leslie Schneider, Scott Scneider, Susan Schneider, Jenkens & Gilchrist Parker Chapin LLP. (Received night deposit box 3/24/2008 at 11:11 p.m.)(rw) (Entered: 03/26/2008)
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Legal Document (Payment Possibly Required) 226 Filed: 3/26/2008, Entered: None
MOTION to Alter Judgment re: 214 Judgment. (with attached Memorandum of Law In Support of Motion to Alter or Amend Judgment). (Received night deposit box 3/24/08 at 11:13 p.m.) Document filed by Leonard Schneider, Leslie Schneider, Scott Scneider, Susan Schneider, Jenkens & Gilchrist Parker Chapin LLP.(rw) (Entered: 03/26/2008)
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Legal Document (Payment Possibly Required) 225 Filed: 3/25/2008, Entered: None Court Filing
ENDORSED LETTER addressed to Judge Peter K. Leisure from Katherine Ash dated 3/24/08 re: Request for permission to file a Memorandum of Law in excess of 25 pages in support of defendants' motion. ENDORSEMENT: So ordered. (Signed by Judge Peter K. Leisure on 3/25/08) (cd) (Entered: 03/25/2008)
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Legal Document (Payment Possibly Required) 224 Filed: 3/20/2008, Entered: None Court Filing
STIPULATION AND ORDER FOR STAY OF EXECUTION OF JUDGMENT, execution on the Judgment, and any proceedings to collect the Judgment, shall be stayed until 5:00 pm on 4/2/08. The stay pursuant to paragraph 1 shall terminate at 5:00 pm on 4/2/08. (Signed by Judge Robert W. Sweet on 3/20/08) (cd) (Entered: 03/20/2008)
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Legal Document (Payment Possibly Required) 223 Filed: 3/17/2008, Entered: None Court Filing
AMENDED JUDGMENT # 08,0433, against Leonard Schneider, Leslie Schneider, Scott Schneider, Susan Schneider and in favor of Highland Capital Management LP in the amount of $36,056,323.74, and in favor of RBC Dominion Securities Corp. in the amount of $28,436,294.21 . (Signed by Judge Peter K. Leisure on 3/17/08) (jf) (Additional attachment(s) added on 3/18/2008: # 1 notice of right to appeal) (jf). Modified on 3/19/2008 (jf). (Entered: 03/18/2008)
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Legal Document (Payment Possibly Required) 222 Filed: 3/6/2008, Entered: None
COURT EXHIBIT #7 - NOTE FROM JURY DATED 3/6/08 AT 4:00 P.M. (dle) Modified on 3/19/2008 (dle). (Entered: 03/17/2008)
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Legal Document (Payment Possibly Required) 221 Filed: 3/6/2008, Entered: None
COURT EXHBIT #6 - JURY CHARGE. (dle) Modified on 3/19/2008 (dle). (Entered: 03/17/2008)
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Legal Document (Payment Possibly Required) 220 Filed: 3/6/2008, Entered: None
COURT EXHIBIT #5 - NOTE FROM JURY DATED 3/6/08 12:37 P.M. (dle) Modified on 3/19/2008 (dle). (Entered: 03/17/2008)
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Legal Document (Payment Possibly Required) 219 Filed: 3/6/2008, Entered: None
COURT EXHIBIT #4 - JURY CHARGE. (dle) Modified on 3/19/2008 (dle). (Entered: 03/17/2008)
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Legal Document (Payment Possibly Required) 218 Filed: 3/6/2008, Entered: None
COURT EXHIBIT #3 - DRAFT JURY CHARGE. (dle) Modified on 3/19/2008 (dle). (Entered: 03/17/2008)
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Legal Document (Payment Possibly Required) 217 Filed: 3/3/2008, Entered: None
COURT EXHIBIT #2 - SCHNEIDER DEFENDANTS' MOTION FOR JUDGMENT AS A MATTER OF LAW MADE PURSUANT TO RULE 50(a) OF THE FRCP. (dle) Modified on 3/19/2008 (dle). (Entered: 03/17/2008)
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Legal Document (Payment Possibly Required) 216 Filed: 2/25/2008, Entered: None
COURT EXHIBIT #1 - PLAINTIFF AND DEFENDANT LETTER DATED 2/25/08 RE: S.N. PHELPS V. PRUDENTIAL LITIGATION. (dle) Modified on 3/19/2008 (dle). (Entered: 03/17/2008)
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Legal Document (Payment Possibly Required) 215 Filed: 3/10/2008, Entered: None
Defendants' Request For Special Interrogatories. Document filed by Leonard Schneider, Leslie Schneider, Scott Scneider, Susan Schneider, Jenkens & Gilchrist Parker Chapin LLP. (dle) (Entered: 03/11/2008)
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Legal Document (Payment Possibly Required) 214 Filed: 3/10/2008, Entered: None Court Filing
JUDGMENT #08,0384 in favor of Highland Capital Management LP against Jenkens & Gilchrist Parker Chapin LLP, Leonard Schneider, Leslie Schneider, Scott Scneider, Susan Schneider in the amount of $ 64,492,617.95. (Signed by Judge Peter K. Leisure on 3/10/08) (jf) (Additional attachment(s) added on 3/11/2008: # 1 notice of right to appeal) (jf). (Entered: 03/11/2008)
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Legal Document (Payment Possibly Required) 213 Filed: 3/3/2008, Entered: None
Proposed Jury Questions Submitted by Highland Capital Management, L.P. and RBC Capital Markets Corporation. Document filed by Highland Capital Management LP. (djc) (Entered: 03/04/2008)
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Legal Document (Payment Possibly Required) 212 Filed: 3/3/2008, Entered: None
Defendants' Revised Request for Jury Instructions.(djc) (Entered: 03/04/2008)
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Legal Document (Payment Possibly Required) 211 Filed: 2/14/2008, Entered: None Court Filing
ORDER granting 210 Motion for Kristen A. Miller Reinsch to Appear Pro Hac Vice. (Signed by Judge Peter K. Leisure on 2/13/2008) (jmi) (Entered: 02/14/2008)
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Legal Document (Payment Possibly Required) 210 Filed: 2/7/2008, Entered: None
MOTION for Kristen A. Miller Reinsch to Appear Pro Hac Vice. Document filed by Highland Capital Management LP.(jmi) (Entered: 02/08/2008)
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Legal Document (Payment Possibly Required) 209 Filed: 1/31/2008, Entered: None Court Filing
OPINION & ORDER #95655, the foregoing hereby constitutes the decisions of the Court on all currently pending motions in limine in this action. The parties are to appear for trial on 2/19/08 at 9:30 am. (Signed by Judge Peter K. Leisure on 1/31/08) Copies sent by chambers.(cd) (Entered: 01/31/2008)
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Legal Document (Payment Possibly Required) 208 Filed: 1/24/2008, Entered: None Court Filing
ORDER: The trial in the above-captioned matter, originally scheduled to begin on 2/11/08, is hereby adjourned to 2/19/2008 at 09:30 AM before Judge Peter K. Leisure. (Signed by Judge Peter K. Leisure on 1/24/08) (tro) (Entered: 01/24/2008)
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Legal Document (Payment Possibly Required) 207 Filed: 1/18/2008, Entered: None Court Filing
TRANSCRIPT of proceedings (Duplicate Original) held on 12/17/07 before Judge Peter K. Leisure. (es) (Entered: 01/18/2008)
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Legal Document (Payment Possibly Required) 206 Filed: 1/18/2008, Entered: None Court Filing
TRANSCRIPT of proceedings held on 12/17/07 before Judge Peter K. Leisure. (es) (Entered: 01/18/2008)
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Legal Document (Payment Possibly Required) 205 Filed: 1/16/2008, Entered: None Court Filing
OPINION AND ORDER # 95610: that the Schneider's motion for summary judgment is granted as to courts One and Two of Highland's Complaint. Further, RBC's motion for summary judgment to dismiss the Schneiders' third-party complaint is Granted and the Schneider's for summary judgment to dismiss RBC's third-party counterclaims is granted in part and denied in part. Accordingly, a jury will decide: (1) if the Schneiders breach their duty to negotiate with RBC; (2) if the Schneiders breach an oral contract to sell the promissory notes to RBC; and (3) whether Highland was an intended third-party beneficiary of the contract between the Schneiders and RBC. (Signed by Judge Peter K. Leisure on 1/16/08) (pl) Modified on 1/25/2008 (rw). (Entered: 01/16/2008)
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Legal Document (Payment Possibly Required) 204 Filed: 1/8/2008, Entered: None
REPLY MEMORANDUM OF LAW in Support re: 166 MOTION in Limine. Document filed by RBC Dominion Securities Corp.. (pl) (Entered: 01/14/2008)
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Legal Document (Payment Possibly Required) 203 Filed: 1/8/2008, Entered: None
Third-Party Defenant and Third-Party Counter-Claimant RBC Capital Markets Corporation's Reply Memorandum in Further Support of its Motion in Limine to Preclude the Testimony of Defendants' Experts MIchael E. Stupay and William H. Purcell.(djc) Modified on 1/11/2008 (djc). (Entered: 01/11/2008)
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Legal Document (Payment Possibly Required) 202 Filed: 1/8/2008, Entered: None
Third-Party Defendant and Third-Party Counter-Claimant RBC Capital Markets Corporation's Reply Memorandum in Further Support of its Motion in Limine to Exclude Evidence of the NASD Arbitration Proceeding and Compromise Between RBC and Glen Rauch Securities, Inc.(djc) Modified on 1/11/2008 (djc). (Entered: 01/11/2008)
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Legal Document (Payment Possibly Required) 201 Filed: 1/8/2008, Entered: None
Third-party Defendant and Third-Party Counter-Claimant RBC Capital Markets Corporation's Reply Memorandum in Further Support of RBC's Cross-Motion to Exclude all Transcripts and Indices of Recorded Conversations. (djc) Modified on 1/11/2008 (djc). (Entered: 01/11/2008)
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Legal Document (Payment Possibly Required) 200 Filed: 1/8/2008, Entered: None
AFFIDAVIT of Jack Yoskowitz in Support of third-party defendant and third-party counter-claimant RBC Capital Markets Corporation's Reply Memorandum in Further Support of its Motion in Limine to Preclude the Testimony of Defendants' Experts Michael E. Stupay and William H. Purcell. (djc) Modified on 1/11/2008 (djc). (Entered: 01/11/2008)
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Legal Document (Payment Possibly Required) 199 Filed: 1/8/2008, Entered: None
Third-Party Defendant and Third-Party Counter-Claimant RBC Capital Markets Corporation's Reply Memorandum in further support of its Motion in Limine to Exclude Evidence of an Alternate or Non-Existent Duty or Standard of Care. (djc) Modified on 1/11/2008 Modified on 1/11/2008 (djc). (Entered: 01/11/2008)
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Legal Document (Payment Possibly Required) 198 Filed: 1/9/2008, Entered: None
REPLY MEMORANDUM OF LAW, Submitted in Opposition to Highlands Cross-motion and its Memorandum of Law in Opposition to Defendants motion in Limine No. 3 and in further support of Defendants motion in limine No. 3. Document filed by Leonard Schneider, Leslie Schneider, Scott Scneider, Susan Schneider. (pl) (Entered: 01/10/2008)
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Legal Document (Payment Possibly Required) 197 Filed: 1/9/2008, Entered: None
SECOND MEMORANDUM OF LAW in Support of Defendants' Motion in Limine NO.2. Document filed by Leonard Schneider, Leslie Schneider, Scott Scneider, Susan Schneider. (pl) (Entered: 01/10/2008)
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Legal Document (Payment Possibly Required) 196 Filed: 1/9/2008, Entered: None
REPLY MEMORANDUM OF LAW in response to Highlands opposition to Defendants motion in Limine No. 1 to Exclude Proferred Testimony of Highlands Ten Designated Expert Witnesses. Document filed by Leonard Schneider, Leslie Schneider, Scott Scneider, Susan Schneider. (pl) (Entered: 01/10/2008)
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Legal Document (Payment Possibly Required) 195 Filed: 1/9/2008, Entered: None
MEMORANDUM OF LAW in Opposition re: 190 MOTION judicial notice and issue preliminary instructions.. Document filed by Leonard Schneider, Leslie Schneider, Scott Scneider, Susan Schneider. (pl) (Entered: 01/10/2008)
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Legal Document (Payment Possibly Required) 194 Filed: 1/9/2008, Entered: None
MEMORANDUM OF LAW in Opposition re: 192 MOTION in Limine. Document filed by Leonard Schneider, Leslie Schneider, Susan Schneider. (pl) (Entered: 01/10/2008)
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Legal Document (Payment Possibly Required) 193 Filed: 12/27/2007, Entered: None
MEMORANDUM OF LAW in Support re: 192 MOTION in Limine.. Document filed by Highland Capital Management LP. (cd) (Entered: 01/07/2008)
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Legal Document (Payment Possibly Required) 192 Filed: 12/27/2007, Entered: None Motion in Limine
MOTION in Limine No. 1 re prohibiting defendants from calling Messrs. Halperin, Bailey, Wesibrod, Lenane, and Aucoin to testify on defendants Rule 26 disclosures. Document filed by Highland Capital Management LP.(cd) (Entered: 01/07/2008)
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Legal Document (Payment Possibly Required) 191 Filed: 12/27/2007, Entered: None
MEMORANDUM OF LAW in Support re: 190 MOTION judicial notice and issue preliminary instructions.. Document filed by Highland Capital Management LP. (cd) (Entered: 01/07/2008)
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Legal Document (Payment Possibly Required) 190 Filed: 12/27/2007, Entered: None
MOTION re judicial notice and issue preliminary instructions. Document filed by Highland Capital Management LP.(cd) (Entered: 01/07/2008)
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Legal Document (Payment Possibly Required) 189 Filed: 12/27/2007, Entered: None
MEMORANDUM OF LAW in Opposition re: 162 MOTION No. 3 to Exclude transcripts and indices of recorded conversations. Document filed by Highland Capital Management LP. (cd) (Entered: 01/07/2008)
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Legal Document (Payment Possibly Required) 188 Filed: 12/27/2007, Entered: None
MEMORANDUM OF LAW in Opposition re: 164 MOTION in Limine No. 2. Document filed by Highland Capital Management LP. (cd) (Entered: 01/07/2008)
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Legal Document (Payment Possibly Required) 187 Filed: 12/27/2007, Entered: None
MEMORANDUM OF LAW in Opposition re: 153 MOTION in Limine No. 1. Document filed by Highland Capital Management LP. (cd) (Entered: 01/07/2008)
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Legal Document (Payment Possibly Required) 186 Filed: 1/2/2008, Entered: None
MEMORANDUM OF LAW in Opposition re: 153 MOTION in Limine. Document filed by Leonard Schneider, Leslie Schneider, Scott Scneider, Susan Schneider. (jmi) (Entered: 01/04/2008)
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Legal Document (Payment Possibly Required) 185 Filed: 1/2/2008, Entered: None
MEMORANDUM OF LAW in Opposition re: 164 MOTION in Limine. Document filed by Leonard Schneider, Leslie Schneider, Scott Scneider, Susan Schneider. (jmi) (Entered: 01/04/2008)
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Legal Document (Payment Possibly Required) 184 Filed: 1/2/2008, Entered: None
MEMORANDUM OF LAW in Opposition re: 166 MOTION in Limine. Document filed by Leonard Schneider, Leslie Schneider, Scott Scneider, Susan Schneider. (jmi) (Entered: 01/04/2008)
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Legal Document (Payment Possibly Required) 183 Filed: 12/26/2007, Entered: None
REPLY MEMORANDUM OF LAW in Support re: 153 MOTION in Limine.. Document filed by Leonard Schneider, Leslie Schneider, Scott Scneider, Susan Schneider. (jp) (Entered: 01/02/2008)
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Legal Document (Payment Possibly Required) 179 Filed: 12/13/2007, Entered: None Court Filing
ORDER that, subject to further order of this Court, the Clerk of the Court is directed to file RBC's Motion in Limine to Exclude Evidence of an Alternate or Non-Existent Duty or Standard of Care under seal. (Signed by Judge Denise L. Cote on 12/13/07) (dle) (Entered: 12/17/2007)
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Legal Document (Payment Possibly Required) 178 Filed: 12/11/2007, Entered: None
MEMORANDUM OF LAW in Support of Its Motion In Limine to Exclude Evidence of an Alternate or Non-existent Duty or Standard of Care. Document filed by RBC Dominion Securities Corp. (jar) (Entered: 12/14/2007)
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Legal Document (Payment Possibly Required) 177 Filed: 12/11/2007, Entered: None
AFFIDAVIT of Jack Yaskowitz in Opposition to Defendants' Motion in Limine No. 5. Document filed by RBC Dominion Securities Corp. (jar) (Entered: 12/14/2007)
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Legal Document (Payment Possibly Required) 176 Filed: 12/11/2007, Entered: None
MEMORANDUM OF LAW in Opposition in Response to Defendants' Motion in Limine No. 5. Document filed by RBC Dominion Securities Corp. (jar) (Entered: 12/14/2007)
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Legal Document (Payment Possibly Required) 175 Filed: 12/11/2007, Entered: None
AFFIDAVIT of Jack Yoskowitz in Response to Defendants' Motion in Limine No. 4. Document filed by RBC Dominion Securities Corp. (jar) (Entered: 12/14/2007)
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Legal Document (Payment Possibly Required) 174 Filed: 12/11/2007, Entered: None
MEMORANDUM OF LAW in Response to Defendants' Motion in Limine No. 4. Document filed by RBC Dominion Securities Corp. (jar) (Entered: 12/14/2007)
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Legal Document (Payment Possibly Required) 173 Filed: 12/11/2007, Entered: None
AFFIDAVIT of Jack Yoskowitz in Response to Defendants' Motion in Limine No. 2. Document filed by RBC Dominion Securities Corp. (jar) (Entered: 12/14/2007)
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Legal Document (Payment Possibly Required) 172 Filed: 12/11/2007, Entered: None
MEMORANDUM OF LAW in Opposition to Defendant's Motion in Limine No. 2. Document filed by RBC Dominion Securities Corp.. (jar) (Entered: 12/14/2007)
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Legal Document (Payment Possibly Required) 171 Filed: 12/11/2007, Entered: None
AFFIDAVIT of Jack Yoskowitz in Support re: 170 Memorandum of Law in Opposition to re: 153 MOTION in Limine No. 1 to Exclude Proposed Expert Testimony Proffered by Plaintiff Highland Capital Management and Third-Party Defendant RBC Capital Markets Corp. Document filed by RBC Dominion Securities Corp. (jar) (Entered: 12/14/2007)
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Legal Document (Payment Possibly Required) 170 Filed: 12/11/2007, Entered: None
MEMORANDUM OF LAW in Opposition re: 153 MOTION in Limine No. 1 to Exclude Proposed Expert Testimony Proffered by Plaintiff Highland Capital Management and Third-Party Defendant RBC Capital Markets Corp. Attached is Ash Declaration. Document filed by RBC Dominion Securities Corp. (jar) (Entered: 12/14/2007)
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Legal Document (Payment Possibly Required) 169 Filed: 12/11/2007, Entered: None
MEMORANDUM OF LAW in Support re: 168 MOTION in Limine to Preclude the Testimony of Defendants' Expert Witnesses Michael E. Stupay and William H. Purcell. Document filed by RBC Dominion Securities Corp. (jar) (Entered: 12/14/2007)
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Legal Document (Payment Possibly Required) 168 Filed: 12/11/2007, Entered: None Motion in Limine
MOTION in Limine to Preclude the Testimony of Defendants' Expert Witnesses Michael E. Stupay and William H. Purcell. Document filed by RBC Dominion Securities Corp. (jar) (Entered: 12/14/2007)
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Legal Document (Payment Possibly Required) 167 Filed: 12/11/2007, Entered: None
MEMORANDUM OF LAW in Support re: 166 MOTION in Limine to Exclude Evidence of Compromise and Offers to Compromise Between RBC Capital Markets Corporation and Highland Capital Management, L.P. Document filed by RBC Dominion Securities Corp. (jar) (Entered: 12/14/2007)
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Legal Document (Payment Possibly Required) 166 Filed: 12/11/2007, Entered: None Motion in Limine
MOTION in Limine to Exclude Evidence of Compromise and Offers to Compromise Between RBC Capital Markets Corporation and Highland Capital Management, L.P. Document filed by RBC Dominion Securities Corp.(jar) (Entered: 12/14/2007)
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Legal Document (Payment Possibly Required) 165 Filed: 12/11/2007, Entered: None
REPLY MEMORANDUM OF LAW in Support re: 164 MOTION in Limine to Exclude Evidence of NASD Arbitration proceeding and Compromise between RBC and Glen Rauch Securities, Inc. Document filed by RBC Dominion Securities Corp. (jar) (Entered: 12/14/2007)
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Legal Document (Payment Possibly Required) 164 Filed: 12/11/2007, Entered: None Motion in Limine
MOTION in Limine to Exclude Evidence of NASD Arbitration proceeding and Compromise between RBC and Glen Rauch Securities, Inc. Document filed by RBC Dominion Securities Corp. (jar) (Entered: 12/13/2007)
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Legal Document (Payment Possibly Required) 163 Filed: 12/11/2007, Entered: None
MEMORANDUM OF LAW in Support re: 162 CROSS MOTION to Exclude transcripts and indices of recorded conversations and in OPPOSITION to Defendants' Motion in Limine No. 3 to seek rulings concerning taped telephone confersations. Document filed by RBC Dominion Securities Corp. (jar) Modified on 12/13/2007 (jar). (Entered: 12/13/2007)
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Legal Document (Payment Possibly Required) 162 Filed: 12/11/2007, Entered: None
CROSS MOTION to Exclude transcripts and indices of recorded conversations. Document filed by RBC Dominion Securities Corp. (jar) (Entered: 12/13/2007)
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Legal Document (Payment Possibly Required) 161 Filed: 11/28/2007, Entered: None
DEFENDANTS REQUEST for Jury Instructions.(cd) (Entered: 12/05/2007)
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Legal Document (Payment Possibly Required) 160 Filed: 11/28/2007, Entered: None
VOIR DIRE QUESTIONS, filed by defendants.(cd) (Entered: 12/05/2007)
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Sealed Legal Document 159 Filed: 11/29/2007, Entered: None Court Filing
ORDER: It is hereby ordered: 1. Defendants' request to forego the Court's twenty-five page limit with respect to Motion in Limine No.1 and Motion on Limine No. 3 is GRANTED. 2. Defendants' request to file under seal Motion in Limine No. 2, Motion in Limine No. 3, Motion in limine No. 4, and Motion in Limine No. 5 is GRANTED. 3. Defendants' request that the O'shea Report be filed under seal if it is attached, quoted, or described by plaintiff or Third-Party Defendant is GRANTED. So Ordered. (Signed by Judge Peter K. Leisure on 11/28/07) (js) (Entered: 12/04/2007)
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Legal Document (Payment Possibly Required) 157 Filed: 11/20/2007, Entered: None
PROPOSED JURY INSTRUCTIONS. Document filed by RBC Dominion Securities Corp.(dle) (Entered: 11/27/2007)
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Legal Document (Payment Possibly Required) 156 Filed: 11/20/2007, Entered: None
PROPOSED VOIR DIRE QUESTIONS. Document filed by RBC Dominion Securities Corp.(dle) (Entered: 11/27/2007)
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Legal Document (Payment Possibly Required) 155 Filed: 11/20/2007, Entered: None
Proposed Pretrial Order. Document filed by Highland Capital Management LP. (dle) (Entered: 11/27/2007)
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Legal Document (Payment Possibly Required) 154 Filed: 11/21/2007, Entered: None
MEMORANDUM OF LAW in Support re: 153 MOTION in Limine. Document filed by Leonard Schneider, Leslie Schneider, Scott Scneider, Susan Schneider. (djc) (Entered: 11/26/2007)
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Legal Document (Payment Possibly Required) 153 Filed: 11/21/2007, Entered: None Motion in Limine
MOTION in Limine No. 1 to Exclude Proposed Expert Testimony Proffered by Plaintiff Highland Capital Management and Third-Party Defendant RBC Capital Markets Corp. Attached is Ash Declaration.Document filed by Leonard Schneider, Leslie Schneider, Scott Scneider, Susan Schneider.(djc) (Entered: 11/26/2007)
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Legal Document (Payment Possibly Required) 152 Filed: 10/1/2007, Entered: None Court Filing
ENDORSED LETTER addressed to Judge Peter K. Leisure from Jack Yoskowitz dated 9/25/07 re: Counsel for Third-Party Defendants/Third Party Counter Defendant RBC Capital Markets Corporation request an adjournment of the pre-trial order deadline to 11/20/07. ENDORSEMENT: The request for an adjournment of the deadline to November 20, 2007 is granted. (Signed by Judge Peter K. Leisure on 10/1/07) (tro) (Entered: 10/03/2007)
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Legal Document (Payment Possibly Required) 151 Filed: 9/28/2007, Entered: None Court Filing
ORDER the motion to compel (Docket #127) is denied without prejudice to renewal in the event that defendants can show in the future that any of the materials at issue are relevant. So Ordered. (Signed by Judge Gabriel W. Gorenstein on 9/28/07) (jco) (Entered: 09/28/2007)
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Legal Document (Payment Possibly Required) 150 Filed: 8/21/2007, Entered: None
REPLY MEMORANDUM OF LAW in Support re: 98 MOTION (FILED ON SERVICE DATE) to Compel. MOTION (FILED ON SERVICE DATE) to Compel.. Document filed by Leonard Schneider, Leslie Schneider, Scott Scneider, Susan Schneider, Jenkens & Gilchrist Parker Chapin LLP. (pl) (Entered: 08/24/2007)
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Legal Document (Payment Possibly Required) 149 Filed: 7/30/2007, Entered: None
The Schneider's REPLY MEMORANDUM OF LAW in Further Support of the Reaffirmance of this Court's Grant of Summary Judgment Dismissing Counts One and Two of the Highland's Complaint. Document filed by Leonard Schneider, Leslie Schneider, Scott Scneider, Susan Schneider. (db) (Entered: 08/01/2007)
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Legal Document (Payment Possibly Required) 148 Filed: 7/23/2007, Entered: None
Highland's Response To The Schneiders' Supplemental Request for Summary Judgment on Counts I and II. Document filed by Highland Capital Management LP. (dle) (Entered: 07/25/2007)
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Legal Document (Payment Possibly Required) 147 Filed: 6/19/2007, Entered: None Court Filing
ORDER Trial Ready Hearing set for 2/11/2008 at 09:30 AM in Courtroom 18B, 500 Pearl Street, New York, NY 10007 before Judge Peter K. Leisure. SO ORDERED. (Signed by Judge Peter K. Leisure on 6/19/2007) (jmi) (Entered: 06/20/2007)
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Legal Document (Payment Possibly Required) 146 Filed: 6/15/2007, Entered: None
SUPPLEMENTAL MEMORANDUM OF LAW in Support re: 136 MOTION (FILED ON SERVICE DATE) to Amend/Correct. Document filed by Leonard Schneider, Leslie Schneider, Scott Scneider, Susan Schneider. (jco) (Entered: 06/18/2007)
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Legal Document (Payment Possibly Required) 145 Filed: 6/5/2007, Entered: None
MANDATE of USCA (Certified Copy) as to 139 Notice of Appeal, filed by Highland Capital Management LP, 140 Notice of Cross Appeal, filed by Leslie Schneider, Leonard Schneider, Scott Scneider, Susan Schneider USCA Case Number 05-4729-cv(L), 05-4867-cv(XAP). Ordered, Adjudged and Decreed that the judgment of the District Court is VACATED and REMANDED for further proceedings in accordance with the opinion of this Court. Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 6/5/2007. (nd) (Entered: 06/06/2007)
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Legal Document (Payment Possibly Required) 144 Filed: 5/15/2007, Entered: None
MANDATE of USCA (Certified Copy) as to 139 Notice of Appeal, filed by Highland Capital Management LP, 140 Notice of Cross Appeal, filed by Leslie Schneider, Leonard Schneider, Scott Scneider, Susan Schneider USCA Case Number 05-4729-cv & 05-4869-cv. Judgment of the district court is Affirmed with respect to counts three and four of plaintiff's Third Amended Complaint and Vacated with respect to counts five and six for lack of subject matter jurisdiction by detailed order of the court without opinion. Thomas Asreen, Acting Clerk USCA. Issued As Mandate: 5/14/2007. (nd) (Entered: 05/15/2007)
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Legal Document (Payment Possibly Required) 143 Filed: 1/6/2006, Entered: None
ORDER of USCA (Certified Copy) as to 139 Notice of Appeal, filed by Highland Capital Management LP, 140 Notice of Cross Appeal, filed by Leonard Schneider, Leslie Schneider, Scott Scneider, Susan Schneider, USCA Case Number 05-4729-cv(L); 05-4869-cv(XAP). It is Ordered that these motions are referred to the panel of this court considering the merits of this appeal. Roseann B. MacKechnie, Clerk USCA. Certified: 1/4/06. (tp, ) (Entered: 01/09/2006)
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Legal Document (Payment Possibly Required) 142 Filed: 11/15/2005, Entered: None
Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for 139 Notice of Appeal, filed by Highland Capital Management LP,, 140 Notice of Cross Appeal, filed by Leonard Schneider,, Leslie Schneider,, Scott Scneider,, Susan Schneider, USCA Case Number 05-4729-cv(L), 05-4869-cv (XAP), 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (nd, ) (Entered: 11/15/2005)
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Legal Document (Payment Possibly Required) 141 Filed: 10/7/2005, Entered: None
USCA SCHEDULING ORDER as to 139 Notice of Appeal, filed by Highland Capital Management LP, USCA Case Number 05-4729. Roseann B. MacKechnie, Clerk USCA. Appeal Record due by 11/16/2005. (mde, ) (Entered: 10/07/2005)
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Legal Document (Payment Possibly Required) 140 Filed: 9/7/2005, Entered: None
NOTICE OF CROSS APPEAL from 135 Amended Judgment. Document filed by Leonard Schneider, Leslie Schneider, Scott Scneider, Susan Schneider. Filing fee $ 255.00, receipt number E 554257. Copies of Notice of Cross Appeal mailed to Attorney(s) of Record: Seward &Kissel LLP and Lackey Hershman L.L.P. (nd, ) (Entered: 09/07/2005)
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Legal Document (Payment Possibly Required) 139 Filed: 8/25/2005, Entered: None
NOTICE OF APPEAL from 135 Amended Judgment,,. Document filed by Highland Capital Management LP. Filing fee $ 255.00, receipt number E 552486. Copies of Notice of Appeal mailed to Attorney(s) of Record: Troutman Sanders LLP and Seward & Kissell LLP. (nd, ) (Entered: 08/25/2005)
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Legal Document (Payment Possibly Required) 138 Filed: 8/12/2005, Entered: None
RESPONSE to plaintiff's motion to amend this Court's decision dated 7/25/05 on defendants' summary judgment motions. Document filed by Leonard Schneider, Leslie Schneider, Scott Scneider, Susan Schneider. (jco, ) (Entered: 08/16/2005)
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Legal Document (Payment Possibly Required) 136 Filed: 8/3/2005, Entered: None
MOTION (FILED ON SERVICE DATE) to Amend/Correct summry judgment opinion and Memorandum in Support. Document filed by Highland Capital Management LP. (djc, ) (Entered: 08/05/2005)
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Legal Document (Payment Possibly Required) 135 Filed: 8/2/2005, Entered: None
AMENDED JUDGMENT amending 133 Clerk's Judgment, That for the reasons stated in the Court's Opinion (91904) and Order dated July 25, 2005, plaintiff?s complaint counts one through six are dismissed on the merits pursuant to Fed. R. Civ. P. 12(c) and 56; plaintiff?s complaint count seven is dismissed for want of subject matter jurisdiction pursuant to 28 U.S.C. 1332(a) and Fed. R. Civ. P. 12(b)(1); and the Court declines to exercise supplemental jurisdiction over the third-party complaints of the Schneiders and RBC, pursuant to 28 U.S.C. 1367(c)(3); accordingly, the entire above-captioned action is dismissed as to all parties. (Signed by J. Michael McMahon, clerk on 8/2/05) (ml, ) (Entered: 08/02/2005)
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Legal Document (Payment Possibly Required) 133 Filed: 7/29/2005, Entered: None
CLERK'S JUDGMENT That for the reasons stated in the Court's Opinion (91904) and Order dated July 25, 2005, defendants? motion for summary judgment is granted in part against plaintiff and the entire action is dismissed for want of subject matter jurisdiction; accordingly, the entire above-captioned action is dismissed as to all parties. (Signed by J. Michael McMahon, clerk on 7/29/05) (ml, ) (Entered: 07/29/2005)
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Legal Document (Payment Possibly Required) 132 Filed: 7/26/2005, Entered: None Court Filing
MEMORANDUM AND OPINION # 91904 re: 95 MOTION (FILED ON SERVICE DATE) to Dismiss. filed by Leonard Schneider, Leslie Schneider, Susan Schneider, Jenkens & Gilchrist Parker Chapin LLP,. For the reasons further set forth in this Opinion, plaintiff's complaint counts 1 through 6 are dismissed on the merits pursuant to FRCP 12(c) and 56. Plaintiff's complaint count 7 is dismissed for want of subject matter jurisdiction pursuant to 28 U.S.C. 1332(a) and FRCP 12(b)(1). The Court declines to exercise supplemental jurisdiction over the third-party complaints of the Schneiders and RBC, pursuant to 28 U.S.C. 1367(c)(3). Accordingly, the entire action is dismissed as to all parties (Signed by Judge Peter K. Leisure on 7/25/05) Copies sent by Chambers.(yv, ) (Entered: 07/28/2005)
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Legal Document (Payment Possibly Required) 131 Filed: 7/19/2005, Entered: None Court Filing
OPINION AND ORDER 91881: for reasons further set forth in said Order, defendants' motion to exclude O'Shea's proposed expert testimony is GRANTED and Highland's request to supplement the O'Shea Report is DENIED. (Signed by Judge Gabriel W. Gorenstein on 7/19/05) (db, ) Modified on 7/21/2005 (sao, ). (Entered: 07/20/2005)
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Legal Document (Payment Possibly Required) 130 Filed: 6/14/2005, Entered: None
RBC Capital Markets Corporation's MEMORANDUM OF LAW in Opposition to 127 MOTION (FILED ON SERVICE DATE) to Compel. (db, ) (Entered: 06/16/2005)
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Legal Document (Payment Possibly Required) 129 Filed: 6/10/2005, Entered: None Court Filing
ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Smith Campbell, LLP dated 6/9/05 re: counsel for non party Glen Rauch Securities opposes the renewed motion of the dfts to require production of information concerning settlement agreement and suggests that the court review the settlement agreement in camera. GRS has leave to present any documents called for by the motion to compel to this court for in camera review. (Signed by Judge Gabriel W. Gorenstein on 6/10/05) (dle, ) (Entered: 06/16/2005)
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Legal Document (Payment Possibly Required) 128 Filed: 6/7/2005, Entered: None
MEMORANDUM OF LAW in Support re: 127 MOTION (FILED ON SERVICE DATE) to Compel.. Document filed by Leonard Schneider, Leslie Schneider, Scott Scneider, Susan Schneider, Jenkens & Gilchrist Parker Chapin LLP. (dle, ) (Entered: 06/09/2005)
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Legal Document (Payment Possibly Required) 127 Filed: 6/3/2005, Entered: None
MOTION (FILED ON SERVICE DATE) for an order compelling RBC Capital Markets Corp. to produce documents and information. Document filed by Leonard Schneider, Leslie Schneider, Scott Scneider, Susan Schneider, Jenkens & Gilchrist Parker Chapin LLP. (dle, ) (Entered: 06/09/2005)
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Legal Document (Payment Possibly Required) 126 Filed: 5/6/2005, Entered: None Court Filing
ENDORSED LETTER addressed to Magistrate Judge Gorenstein from Katherine Ash dated 5/6/05 re: request that this Court's 3/10/05 Order be modified so as to permit defendants to compel discovery with respect to the RBC/Glen Rauch settlement within 2 weeks after receipt of Mr. Yoskowitz's notification. Application granted (Signed by Judge Gabriel W. Gorenstein on 5/5/05) (yv, ) (Entered: 05/09/2005)
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Legal Document (Payment Possibly Required) 125 Filed: 4/21/2005, Entered: None Court Filing
MEMO ENDORSEMENT on Order to Show Cause: there is no reason to trouble Judge Leisure with this application. No order to show cause is necessary. Defendants' prior counsel, JGPC, is no longer in business. There is no reason why Troutman Sanders LLP should not be substituted into the case as new counsel for defendants. Highland's objections are overruled as meritless. Troutman Sanders LLP is hereby granted leave to substitute for JGPC. (Signed by Judge Denny Chin on 4/21/05) (kw, ) (Entered: 04/27/2005)
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Legal Document (Payment Possibly Required) 124 Filed: 4/6/2005, Entered: None
REPLY MEMORANDUM OF LAW in Further Support of RBC's Motion for Summary Motion... Document filed by RBC Dominion Securities Corp.. (mde, ) (Entered: 04/11/2005)
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Legal Document (Payment Possibly Required) 123 Filed: 4/6/2005, Entered: None
REPLY AFFIDAVIT of Jack Yoskowitz in Support of RBC's Motion for Summary Judgment... Document filed by RBC Dominion Securities Corp.. (mde, ) (Entered: 04/11/2005)
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Legal Document (Payment Possibly Required) 121 Filed: 3/22/2005, Entered: None
REPLY MEMORANDUM OF LAW in Further Support of Motion for summary judgment and judgment on the pleadings. Document filed by Leonard Schneider, Leslie Schneider, Scott Scneider, Susan Schneider, Jenkens & Gilchrist Parker Chapin LLP. (sac, ) (Entered: 03/28/2005)
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Legal Document (Payment Possibly Required) 120 Filed: 3/22/2005, Entered: None
MEMORANDUM OF LAW in Opposition to RBC's Motion for summary judgment. Document filed by Leonard Schneider, Leslie Schneider, Scott Scneider, Susan Schneider, Jenkens & Gilchrist Parker Chapin LLP. (sac, ) (Entered: 03/28/2005)
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Legal Document (Payment Possibly Required) 119 Filed: 3/22/2005, Entered: None
RESPONSE to RBC's Local Rule 56.1 Statement. Document filed by Leonard Schneider, Leslie Schneider, Scott Scneider, Susan Schneider, Jenkens & Gilchrist Parker Chapin LLP. (sac, ) (Entered: 03/28/2005)
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Legal Document (Payment Possibly Required) 118 Filed: 3/22/2005, Entered: None
RESPONSE re: 115 Rule 56.1 Statement. Document filed by Leonard Schneider, Leslie Schneider, Scott Scneider, Susan Schneider, Jenkens & Gilchrist Parker Chapin LLP. (sac, ) (Entered: 03/28/2005)
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Legal Document (Payment Possibly Required) 116 Filed: 3/11/2005, Entered: None
Appendix in Support of Plntff's Memorandum in Opposition to Dfts' Motion for Summary Jgmnt. Document filed by Highland Capital Management LP. (pf, ) (Entered: 03/17/2005)
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Legal Document (Payment Possibly Required) 115 Filed: 3/11/2005, Entered: None
RULE 56.1 STATEMENT. Document filed by Highland Capital Management LP. (pf, ) (Entered: 03/17/2005)
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Legal Document (Payment Possibly Required) 114 Filed: 3/11/2005, Entered: None
Objections to Evidence Submitted in Support of Dfts' Motion for Summary Jgmnt Document filed by Highland Capital Management LP. (pf, ) (Entered: 03/17/2005)
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Legal Document (Payment Possibly Required) 113 Filed: 3/11/2005, Entered: None
MEMORANDUM OF LAW in Opposition re: 95 MOTION (FILED ON SERVICE DATE) to Dismiss.. Document filed by Highland Capital Management LP. (pf, ) (Entered: 03/17/2005)
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Legal Document (Payment Possibly Required) 110 Filed: 3/11/2005, Entered: None Court Filing
ORDER denying 98 Motion to Compel without prejudice to reinstatement.. (Signed by Judge Gabriel W. Gorenstein on 3/10/2005) copies mailed by chambers.(jsa, ) (Entered: 03/14/2005)
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Legal Document (Payment Possibly Required) 109 Filed: 2/28/2005, Entered: None Court Filing
ORDER that the court directs RBC to inform the court by letter or affidavit submitted on or before 3/7/05, whether there is an enforceable settlement agreement-be it written or otherwise-between it and Glen Rauch Securities, Inc.; Glen Rauch has leave to provide a letter or affidavit on the same topic. (Signed by Judge Gabriel W. Gorenstein on 2/28/05) (dle, ) (Entered: 03/04/2005)
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Legal Document (Payment Possibly Required) 107 Filed: 2/22/2005, Entered: None Court Filing
ORDER; that, subject to further order of this Court, the Clerk of the Court is directed to file under seal Exhibit 42 contained in Volume II of II of the Exhibits to the Yoskowitz. (Signed by Judge Peter K. Leisure on 4/22/05) (pl, ) (Entered: 02/24/2005)
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Legal Document (Payment Possibly Required) 105 Filed: 2/16/2005, Entered: None Court Filing
ORDER: the Court is directed to file the following exhibits, portions of deposition testimony, and portions of RBC's Memorandum of Law and Rule 56.1 Statement under seal: (a) the following pages of deposition transcripts: Kenneth Ambrecht (Exh.3): page 88; Achim Maximilian Holmes (Exh.22): pages 95-97, 144-145; Peter Parent (Exh.29): page 249; Philip Day (Exh.66): pages 287-288; (b) Exhibit 28: Richard Spears Kibble & Orbe Documents; (c) Exhibit 34: RBC Company Policy; (d) Exhibit 53: Assignment of Claims; (e) RBC's Memorandum of Law: pages 9,15,20,22,49, footnote 14 and footnote 16; (f) RBC's Rule 56.1 Statement: Statement of Undisputed Facts: paragraphs 37,49,56,84,87; Responses to Defendants' Statement: paragraphs 78,79,124,125,134,145,150,151,152,154,159. (Signed by Judge Charles S. Haight on 2/16/05) Copies Mailed by Chambers.(db, ) (Entered: 02/22/2005)
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Legal Document (Payment Possibly Required) 103 Filed: 2/8/2005, Entered: None Court Filing
ENDORSED LETTER addressed to Judge Peter K. Leisure from Jack Yoskowitz dated 2/3/05 re: granting RBC Capital Markets Corp. permission to file a memorandum of law not to exceed 60 pages. (Signed by Judge Peter K. Leisure on 2/7/05) Copies Mailed By Chambers.(sac, ) (Entered: 02/10/2005)
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Legal Document (Payment Possibly Required) 102 Filed: 2/3/2005, Entered: None
REPLY AFFIDAVIT of Alvin M. Stein in Support of re: 98 MOTION (FILED ON SERVICE DATE) to Compel. Document filed by Leonard Schneider, Leslie Schneider, Scott Scneider, Susan Schneider, Jenkens & Gilchrist Parker Chapin LLP. (kw, ) (Entered: 02/10/2005)
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Legal Document (Payment Possibly Required) 101 Filed: 2/3/2005, Entered: None
REPLY MEMORANDUM OF LAW in Support of re: 98 MOTION (FILED ON SERVICE DATE) to Compel. Document filed by Leonard Schneider, Leslie Schneider, Scott Scneider, Susan Schneider, Jenkens & Gilchrist Parker Chapin LLP. (kw, ) (Entered: 02/10/2005)
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Legal Document (Payment Possibly Required) 100 Filed: 1/28/2005, Entered: None
MEMORANDUM OF LAW in Opposition re: 98 MOTION to Compel. Document filed by RBC Dominion Securities Corp. (kkc, ) (Entered: 02/08/2005)
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Legal Document (Payment Possibly Required) 99 Filed: 1/25/2005, Entered: None
MEMORANDUM OF LAW in Support re: 98 MOTION (FILED ON SERVICE DATE) to Compel Discovery. Document filed by Leonard Schneider, Leslie Schneider, Scott Scneider, Susan Schneider, Jenkens & Gilchrist Parker Chapin LLP, Leonard Schneider, Leslie Schneider, Susan Schneider, Scott Scneider. (rw, ) (Entered: 02/07/2005)
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Legal Document (Payment Possibly Required) 98 Filed: 1/25/2005, Entered: None
MOTION (FILED ON SERVICE DATE) to Compel Discovery pursuant to F. R. Civ. P. 26, for an order compelling RBC Capital Markets Corp. ("RBC") to procduce documents and information together with such other and further relief as to this Court seems just and proper. Document filed by Leonard Schneider, Leslie Schneider, Scott Scneider, Susan Schneider, Jenkens & Gilchrist Parker Chapin LLP, Leonard Schneider, Leslie Schneider, Susan Schneider, Scott Scneider. (rw, ) (Entered: 02/07/2005)
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Legal Document (Payment Possibly Required) 97 Filed: 1/18/2005, Entered: None
RULE 56.1 STATEMENT. Document filed by Leonard Schneider, Leslie Schneider, Susan Schneider, Jenkens & Gilchrist Parker Chapin LLP, Leonard Schneider, Leslie Schneider, Susan Schneider. (rw, ) (Entered: 01/21/2005)
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Legal Document (Payment Possibly Required) 96 Filed: 1/18/2005, Entered: None
MEMORANDUM OF LAW in Support re: 95 MOTION (FILED ON SERVICE DATE) to Dismiss. Document filed by Jenkens & Gilchrist Parker Chapin LLP. (rw, ) (Entered: 01/21/2005)
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Legal Document (Payment Possibly Required) 95 Filed: 1/18/2005, Entered: None
MOTIONS (FILED ON SERVICE DATE) pursuant to F.R.C.P. 56 for summary judgment and F.R.C.P. Rule 12(c) for judgment on the pleasings dismissing each claim asserted against JGPC in Highlands' Third Amended Complaint. Document filed by Leonard Schneider, Leslie Schneider, Susan Schneider, Jenkens & Gilchrist Parker Chapin LLP, Leonard Schneider, Susan Schneider, Leonard Schneider. Responses due by 2/9/2005 (rw, ) (Entered: 01/21/2005)
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Legal Document (Payment Possibly Required) 94 Filed: 1/12/2005, Entered: None Court Filing
ORDER ; that the Clerk of Court is directed to file the exhibits, pages of deposition testimony and portions of deposition testimony and portions of defts 56.12 statements and defts memorandum of law as further set forth on this Order under seal. (Signed by Judge Peter K. Leisure on 1/12/2005) (jp, ) (Entered: 01/19/2005)
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Legal Document (Payment Possibly Required) 93 Filed: 1/12/2005, Entered: None Court Filing
ENDORSED LETTER addressed to Judge Gorenstein from Alvin Stein dated 1/11/05: the pre-motion conference requirement is waived. Defts shall make any motion to compel on or before 1/26/05. (Signed by Judge Gabriel W. Gorenstein on 1/12/05) (cd, ) (Entered: 01/19/2005)
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Legal Document (Payment Possibly Required) 91 Filed: 1/6/2005, Entered: None Court Filing
ENDORSED LETTER addressed to Judge Peter K. Leisure from Alvin M. Stein dated 12/30/04 re: defendants request permisson to file a memorandum of law not to exceed sixty pages. So ordered. (Signed by Judge Peter K. Leisure on 1/6/05) Copies Mailed By Chambers.(kw, ) (Entered: 01/10/2005)
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Legal Document (Payment Possibly Required) 90 Filed: 12/17/2004, Entered: None Court Filing
ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Katherine Ash dated 12/17/04 re: request the following briefing schedule: Defendants' motion will be served by 2/9/05; Plaintiff's opposition will be served by 3/11/05; and Defendants' reply will be served by 4/4/05. Granted. Motions due by 2/9/2005. Replies due by 4/4/2005. Responses due by 3/11/2005 (Signed by Judge Gabriel W. Gorenstein on 12/17/04) (dfe, ) (Entered: 12/22/2004)
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Legal Document (Payment Possibly Required) 89 Filed: 12/13/2004, Entered: None
ANSWER to Counterclaim. Document filed by Leonard Schneider, Leslie Schneider, Susan Schneider, Scott Scneider.(kw, ) (Entered: 12/15/2004)
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Legal Document (Payment Possibly Required) 88 Filed: 11/24/2004, Entered: None
ANSWER to the Third Amended Complaint and Third Party Complaint and counter-claims. Document filed by RBC Dominion Securities Corp..(sac, ) (Entered: 12/02/2004)
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Legal Document (Payment Possibly Required) 87 Filed: 11/3/2004, Entered: None
ANSWER to Amended Complaint., THIRD PARTY COMPLAINT against. Document filed by Leonard Schneider, Leslie Schneider, Susan Schneider, Scott Scneider. Related document: 76 Amended Complaint filed by Highland Capital Management LP.(kw, ) (Entered: 11/04/2004)
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Legal Document (Payment Possibly Required) 86 Filed: 11/3/2004, Entered: None
ANSWER to Amended Complaint. Document filed by Jenkens & Gilchrist Parker Chapin LLP. Related document: 76 Amended Complaint filed by Highland Capital Management LP.(kw, ) (Entered: 11/04/2004)
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Legal Document (Payment Possibly Required) 85 Filed: 10/25/2004, Entered: None
REPLY MEMORANDUM OF LAW in Support re: 82 MOTION (FILED ON SERVICE DATE) to Compel.. Document filed by Highland Capital Management LP. (jp, ) (Entered: 10/27/2004)
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Legal Document (Payment Possibly Required) 84 Filed: 10/22/2004, Entered: None
DECLARATION of KATHERINE ASH in Opposition re: 82 MOTION (FILED ON SERVICE DATE) to Compel Discovery. Document filed by Leonard Schneider, Leslie Schneider, Susan Schneider, Scott Scneider. (rw, ) (Entered: 10/25/2004)
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Legal Document (Payment Possibly Required) 83 Filed: 10/22/2004, Entered: None
MEMORANDUM OF LAW in Opposition re: 82 MOTION (FILED ON SERVICE DATE) to Compel Discovery. Document filed by Leonard Schneider, Leslie Schneider, Susan Schneider, Scott Scneider. (rw, ) (Entered: 10/25/2004)
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Legal Document (Payment Possibly Required) 82 Filed: 9/17/2004, Entered: None
MOTION (FILED ON SERVICE DATE) to Compel and MEMORANDUM OF LAW in Support. Document filed by Highland Capital Management LP. (ps, ) (Entered: 10/19/2004)
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Legal Document (Payment Possibly Required) 81 Filed: 10/5/2004, Entered: None Court Filing
ENDORSED LETTER addressed to Judge Leisure from Paul B. Lackey dated 10/01/04 re: the parties have agreed to the schedule as set set forth herein; (Signed by Judge Peter K. Leisure on 10/4/04) copies mailed by chambers.(djc, ) (Entered: 10/08/2004)
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Legal Document (Payment Possibly Required) 80 Filed: 10/5/2004, Entered: None Court Filing
ENDORSED LETTER addressed to Judge Gorenstein from Jamie R. Welton dated 10/04/04 re: Plaintiff requests a pre-motion conference...; No pre-motion conference is required. The proposed motion must be filed on or before October 13, 2004. Opposition papers due October 21, 2004. Any reply by October 25, 2004. Oral argument on October 28, 2004 at noon in courtroom 219, 40 Foley Square. (Signed by Judge Gabriel W. Gorenstein on 10/5/04) (djc, ) (Entered: 10/08/2004)
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Legal Document (Payment Possibly Required) 79 Filed: 9/29/2004, Entered: None Court Filing
ORDER withdrawing plaintiff's motion for leave to file second amended complaint submitted 1/1/03; re: 13 Motion to Dismiss filed by Leonard Schneider, Leslie Schneider, Scott Scneider, Susan Schneider, and 31 Motion for Judgment on the Pleadings filed by Leonard Schneider, Leslie Schneider, Scott Scneider, Susan Schneider. (Signed by Judge Peter K. Leisure on 9/28/04) Copies Mailed By Chambers.(kw, ) (Entered: 10/01/2004)
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Legal Document (Payment Possibly Required) 78 Filed: 9/28/2004, Entered: None Court Filing
STIPULATION; the time of defandents Leonard Schneider, Leslie Schneider, Scott Schneider and Susan Schneider and Jenkens & Gilchrist Parker Chapin, LLP to move with respect to or to answer plaintiffs' Third Amended Complaint is extended to such other date as is order by the Court at the conference. (Signed by Judge Peter K. Leisure on 9/28/04) (sac, ) (Entered: 09/30/2004)
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Legal Document (Payment Possibly Required) 77 Filed: 9/21/2004, Entered: None Court Filing
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Gabriel W. Gorenstein. (Signed by Judge Peter K. Leisure on 9/15/04) (sac, ) (Entered: 09/23/2004)
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Legal Document (Payment Possibly Required) 76 Filed: 9/14/2004, Entered: None
THIRD AMENDED COMPLAINT against Jenkens & Gilchrist Parker Chapin LLP, Leonard Schneider, Leslie Schneider, Susan Schneider, Scott Scneider.Document filed by Highland Capital Management LP.(dle, ) (Entered: 09/17/2004)
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Legal Document (Payment Possibly Required) 75 Filed: 9/13/2004, Entered: None Court Filing
MEMO ENDORSEMENT: because no Order of Reference has issued for the motion discussed in the attached letter, counsel should confirm with Judge Leisure at the 9/30/04 conference as to whether Judge Leisure or the undersigned will be deciding that motion. The parties shall appear for a conference before the undersigned following the conference with Judge Leisure on 9/30/04 and should contact the undersigned's Chambers at the conclusion of Judge Leisure's conference to determine whether the conference will take place in Courtroom 219 at 40 Centre Street or in Courtroom 5-A at 500 Pearl Street. (Signed by Judge Gabriel W. Gorenstein on 9/10/04) (db, ) (Entered: 09/15/2004)
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Legal Document (Payment Possibly Required) 74 Filed: 9/9/2004, Entered: None Court Filing
MEMORANDUM AND OPINION # 90623. For the reasons set forth in this Memorandum and Opinion, the Court grants in part Highland's motion for leave to file a third amended complaint. Plaintiff's inclusion of the allegations set forth in paragraphs 56-68 of the third amended complaint, and of the attached expert report, contravenes proper pleading procedure, and the Court does not permit leave to plaintiff to include these allergations and attachment in its filing. The court permits plaintiff leave to file its third amended complaint without these allegations and attachment. Moreover, the Court grants leave in part without addressing whether leave to amend would be futile, as doing so without first conferring with the parties about the procedural posture of the action would be imprudent and inefficient. Status Conference set for 9/30/2004 02:00 PM before Judge Peter K. Leisure. (Signed by Judge Peter K. Leisure on 9/9/04) (dfe, ) (Entered: 09/10/2004)
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Legal Document (Payment Possibly Required) 71 Filed: 8/11/2004, Entered: None Court Filing
ORDER; that the parties are directed to inform the undersigned by letter when Judge Leisure has issued his decision so that the Court may thereafter issue a final ruling with respect to the treatment of these documents; the Court rejects the argument that anything the dfts have done to date has waived their right to limit disclosure of the O'SHEA report or the related documents. The dfts' instant request relates specifically to the O'Shea report and not to allegations make in the proposed second amended complaint. (Signed by Judge Gabriel W. Gorenstein on 8/11/04) Copies Mailed By Chambers.(pl, ) (Entered: 08/13/2004)
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Legal Document (Payment Possibly Required) 70 Filed: 7/7/2004, Entered: None
MEMORANDUM TO THE DOCKET CLERK: that a pre-trial conference was held in this matter on 7/7/04 at 3:00 a.m. (pl, ) (Entered: 07/29/2004)
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Legal Document (Payment Possibly Required) 69 Filed: 7/22/2004, Entered: None Court Filing
TRANSCRIPT of proceedings held on July 7, 2004 before Judge Gabriel W. Gorenstein.(ps, ) (Entered: 07/28/2004)
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Legal Document (Payment Possibly Required) 68 Filed: 7/9/2004, Entered: None Court Filing
ORDER; that dfts. must be deposed by 10/8/04. There will be no further discovery after that date. The parties are directed to work together more cooperatively. No party is to send a letter to the Court regarding discovery dispute without discussing the matter in full with all other parties and without affording the other parties a reasonable opportunity to engage in such a discussion. The Court expects to sanction any party who violates this directive in the future. (Signed by Judge Gabriel W. Gorenstein on 7/9/04); Copies mailed by chambers. (pl, ) Modified on 7/13/2004 (kg, ). (Entered: 07/12/2004)
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Legal Document (Payment Possibly Required) 67 Filed: 5/10/2004, Entered: None Court Filing
TRANSCRIPT of proceedings held on 4/27/04 before Judge Gabriel W. Gorenstein.(dfe, ) (Entered: 05/10/2004)
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Legal Document (Payment Possibly Required) 66 Filed: 5/10/2004, Entered: None Court Filing
TRANSCRIPT of proceedings held on 4/27/04 before Judge Gabriel W. Gorenstein.(dfe, ) (Entered: 05/10/2004)
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Legal Document (Payment Possibly Required) 65 Filed: 5/4/2004, Entered: None Court Filing
TRANSCRIPT of proceedings held on 4/27/04 before Judge Gabriel W. Gorenstein.(kw, ) (Entered: 05/05/2004)
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Legal Document (Payment Possibly Required) 64 Filed: 4/26/2004, Entered: None Court Filing
TRANSCRIPT of proceedings held on 3/5/04 before Judge Gabriel W. Gorenstein.(dfe, ) (Entered: 04/26/2004)
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Legal Document (Payment Possibly Required) 63 Filed: 4/14/2004, Entered: None Court Filing
TRANSCRIPT of proceedings held on 3/22/04 before Judge Gabriel W. Gorenstein.(kw, ) (Entered: 04/15/2004)
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Legal Document (Payment Possibly Required) 62 Filed: 4/13/2004, Entered: None Court Filing
AMENDED DISCOVERY PLAN the parties shall complete non-expert discovery by 6/15/04. No further extensions. So Ordered. (Signed by Judge Gabriel W. Gorenstein on 4/12/04) (jco, ) (Entered: 04/14/2004)
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Legal Document (Payment Possibly Required) 61 Filed: 3/19/2004, Entered: None Court Filing
TRANSCRIPT of proceedings held on January 22, 2004 before Judge Gabriel W. Gorenstein.(djc, ) (Entered: 03/19/2004)
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Legal Document (Payment Possibly Required) 60 Filed: 3/15/2004, Entered: None Court Filing
TRANSCRIPT of proceedings held on 3/5/04 before Judge Gabriel W. Gorenstein.(pl, ) (Entered: 03/15/2004)
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Legal Document (Payment Possibly Required) 59 Filed: 3/5/2004, Entered: None
MEMORANDUM TO THE DOCKET CLERK: that a pre-trial conference was held in this matter on 3/5/04 at 3:00 p.m. Discovery order issued. (pl, ) (Entered: 03/11/2004)
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Legal Document (Payment Possibly Required) 58 Filed: 12/16/2003, Entered: None Court Filing
TRANSCRIPT of proceedings held on 10/17/03 before Judge Gabriel W. Gorenstein.(pr, ) (Entered: 12/16/2003)
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Legal Document (Payment Possibly Required) 57 Filed: 12/3/2003, Entered: None
MEMORANDUM TO THE DOCKET CLERK: that a telephone ocnference was held in this matter on 12/1/03, @10:00 a.m. (pl, ) (Entered: 12/04/2003)
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Legal Document (Payment Possibly Required) 56 Filed: 11/21/2003, Entered: None Court Filing
Memo-Endorsement on letter addressed to Magistrate Judge Gorenstein from Katherine Ash, dated 11/19/03. Re:, counsel for parties submit letter summarizing the results and rulings of the telephone conference on 11/13/03. With amendment on page 3, the within letter is so ordered . ( signed by Magistrate Judge Gabriel W. Gorenstein ); (dle) (Entered: 11/22/2003)
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Legal Document (Payment Possibly Required) 55 Filed: 11/13/2003, Entered: None
Memorandum to Docket Clerk: that a telephone conference was held before Mag. Gorenstein on 11/13/03; discovery order issued . (pl) (Entered: 11/14/2003)
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Legal Document (Payment Possibly Required) 54 Filed: 10/30/2003, Entered: None
Amended Discovery Plan by Highland Capital, Leonard Schneider, Leslie Schneider, Scott Scneider, Susan Schneider, Leonard Schneider, Leslie Schneider, Scott Scneider, Susan Schneider, RBC Dominion Securit, RBC Dominion Securit, Leonard Schneider, Leslie Schneider, Scott Scneider, Susan Schneider . (dle) (Entered: 11/03/2003)
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Legal Document (Payment Possibly Required) 53 Filed: 10/23/2003, Entered: None Court Filing
Transcript of record of proceedings before Magistrate Judge Gabriel W. Gorenstein on 10/17/03. (kw) (Entered: 10/24/2003)
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Legal Document (Payment Possibly Required) 52 Filed: 10/17/2003, Entered: None Court Filing
Memorandum to Docket Clerk: Telephone Conference held before Magistrate Judge Gabriel W. Gorenstein at 3:00 p.m. Discovery order issued. (kw) (Entered: 10/20/2003)
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Legal Document (Payment Possibly Required) 51 Filed: 9/16/2003, Entered: None Court Filing
ORDER, The firm Patterson, Belknap, Webb & Tyler LLP is withdrawn as local counsel for Highland and William J. Candee IV is substituted as local counsel for Highland. ( signed by Judge Peter K. Leisure ); Copies mailed by Chbers. (sb) (Entered: 09/19/2003)
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Legal Document (Payment Possibly Required) 50 Filed: 9/10/2003, Entered: None Court Filing
Memorandum to Docket Clerk: Telephone conference was held on 9/2/03 at 3:00pm before Judge Gorenstein. (jw) (Entered: 09/15/2003)
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Legal Document (Payment Possibly Required) 49 Filed: 9/3/2003, Entered: None Court Filing
Transcript of record of proceedings before Magistrate Judge Gabriel W. Gorenstein for the date(s) of 8/19/03. (cd) (Entered: 09/09/2003)
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Legal Document (Payment Possibly Required) 48 Filed: 9/4/2003, Entered: None Court Filing
Memo-Endorsement on letter addressed to Mag. Judge Gorenstein from Katherine Ash, dated 8/26/03. Counsel for defendant requests a pre-motion conference to seek permission to move purs. to Rule 26(c) for a protective order with respect to the timing of the depositions of Leonard Schneider. For the reasons stated in this memo endorsed letter and at a conference call with the parties, the depositions of Leonard and Lillian Schneider are stayed pending disposition of the motion to amend the complaint . ( signed by Magistrate Judge Gabriel W. Gorenstein ) (sb) (Entered: 09/08/2003)
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Legal Document (Payment Possibly Required) 47 Filed: 9/3/2003, Entered: None
SUR-REPLY MEMORANDUM OF LAW by Leonard Schneider, Leslie Schneider, Scott Scneider, Susan Schneider in further opposition to [41-1] motion pursuant to the FRCP to file its second amended complaint. (jco) (Entered: 09/05/2003)
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Legal Document (Payment Possibly Required) 46 Filed: 8/27/2003, Entered: None Court Filing
Memo-Endorsement on letter addressed to Judge Leisure from Katherine Ash, dated 8/20/03. Granting defendants' request for permission to file the enclosed Sur-Reply Memorandum of Law in further opposition to plaintiff's motion to leave to file an amended complaint . ( signed by Judge Peter K. Leisure ); Copies mailed by chambers. (kw) (Entered: 09/02/2003)
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Legal Document (Payment Possibly Required) 45 Filed: 8/21/2003, Entered: None
Memorandum to Docket Clerk: Pretrial Conference was held on 8/19/03 at 10:00am. (jw) (Entered: 08/26/2003)
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Legal Document (Payment Possibly Required) 44 Filed: 7/25/2003, Entered: None
DECLARATION of Jamie R. Welton by Highland Capital Re: materials cited in the [43-1] reply memorandum . (yv) (Entered: 07/28/2003)
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Legal Document (Payment Possibly Required) 43 Filed: 7/25/2003, Entered: None
REPLY MEMORANDUM by Highland Capital in support re: [41-1] motion pursuant to the FRCP to file its second amended complaint . (yv) (Entered: 07/28/2003)
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Legal Document (Payment Possibly Required) 42 Filed: 7/25/2003, Entered: None
MEMORANDUM OF LAW by Highland Capital in support of [41-1] motion pursuant to the FRCP to file its second amended complaint . (yv) (Entered: 07/28/2003)
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Legal Document (Payment Possibly Required) 41 Filed: 7/1/2003, Entered: None
NOTICE OF MOTION (filed on service date) by Highland Capital pursuant to the FRCP to file its second amended complaint . Return Date not indicated. Proposed second amended complaint attached. (yv) Modified on 07/28/2003 (Entered: 07/28/2003)
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Legal Document (Payment Possibly Required) 40 Filed: 7/22/2003, Entered: None Court Filing
ORDER, the parties shall complete discovery other than expert discovery by 12/1/03 , Rule 34 document requests may be served at any time on or before 11/1/03. Interrogatories pursuant to Local Civil Rule 33.3(a) must be served by 12/31/02. Requests to Admit, if any, must be served by 10/31/03. Affirmative expert disclosures and reports shall be served by 12/31/03. Opposition expert disclosures and reports shall be served by 1/31/04 , Depositions of fact witnesses may be scheduled beginning 1/20/03. As of the date of this Oreder, no depositions will be taken on or before 9/1/03. Depositions of all testifying experts shall be completed by 3/23/04 , Dominon agrees to produce copies of all remaining responsive taped telephone conversations and all responsive documents concerning its allegations that defendants' alleged conduct caused Dominion to suffer damages from the loss of business from its 2 major customers by 7/31/03 , plaintiff and defendants shall make initial disclosures under FRCP 26(a)(1) by 12/2/02. Third-party defendant shall make such disclosures by 12/16/02. No further extensions . ( signed by Magistrate Judge Gabriel W. Gorenstein ); (yv) Modified on 07/24/2003 (Entered: 07/24/2003)
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Legal Document (Payment Possibly Required) 39 Filed: 7/22/2003, Entered: None
DECLARATION of Katherine Ash by Leonard Schneider, Leslie Schneider, Scott Scneider, Susan Schneider in opposition Re: plntf's motions for leave to amend the complaint (cd) (Entered: 07/24/2003)
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Legal Document (Payment Possibly Required) 38 Filed: 7/22/2003, Entered: None
MEMORANDUM OF LAW by Leonard Schneider, Leslie Schneider, Scott Scneider in opposition to plntf's Motion for leave to amend its complaint (cd) (Entered: 07/24/2003)
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Legal Document (Payment Possibly Required) 37 Filed: 7/22/2003, Entered: None Court Filing
ORDER, that plaintiff and dfts shall make initial disclosures under FRCP 26(a)(1) by 12/2/02; 3rd party dft shall make such disclosures by 12/16/02; parties shall complete discovery other than expert discovery by 12/1/03; rule 34 document requests may be served at any time on or before 11/1/03; interrogatories pursuant to Local Civil Rule 33.3(a) must be served by 12/31/02; deposition of fact witnesses may be scheduled beginning 1/20/03; no depositions will be taken or or before 9/1/03; requests to admit must be served by 10/31/03; Dominion agrees to produce copies of all remaining responsive taped telephone conversations and all responsive documents by 7/31/03; affirmative expert disclosures and reports shall be served by 12/31/03; opposition expert disclosures and reports shall be served by 1/31/04; depositions of all testifying experts shall be completed by 3/23/04 . ( signed by Judge Peter K. Leisure ); (dle) (Entered: 07/23/2003)
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Legal Document (Payment Possibly Required) 36 Filed: 7/17/2003, Entered: None Court Filing
Memorandum to Docket Clerk: that a pretrial conference was held on 7/1/03 @4:00 p.m. before Mag. Judge Gorenstein; discovery order issued . (pl) (Entered: 07/17/2003)
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Legal Document (Payment Possibly Required) 35 Filed: 6/13/2003, Entered: None
RESPONSE by Highland Capital to [31-1] motion for judgment on the pleadings dismissing each and every claim asserted by plntf Highland Capital Management (djc) (Entered: 06/17/2003)
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Legal Document (Payment Possibly Required) 34 Filed: 6/13/2003, Entered: None
REPLY Declaration of katherine Ash by Leonard Schneider, Leslie Schneider, Scott Scneider in support re: [31-1] motion for judgment on the pleadings dismissing each and every claim asserted by plntf Highland Capital Mangement . (cd) (Entered: 06/16/2003)
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Legal Document (Payment Possibly Required) 33 Filed: 6/13/2003, Entered: None
REPLY MEMORANDUM by Leonard Schneider, Leslie Schneider, Scott Scneider, Susan Schneider re: [31-1] motion for judgment on the pleadings dismissing each and every claim asserted by plntf Highland Capital Mangement . (cd) (Entered: 06/16/2003)
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Legal Document (Payment Possibly Required) 32 Filed: 6/13/2003, Entered: None
MEMORANDUM OF LAW by Leonard Schneider, Leslie Schneider, Scott Scneider, Susan Schneider in support of [31-1] motion for judgment on the pleadings dismissing each and every claim asserted by plntf Highland Capital Mangement . (cd) (Entered: 06/16/2003)
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Legal Document (Payment Possibly Required) 31 Filed: 6/13/2003, Entered: None
NOTICE OF MOTION by Leonard Schneider, Leslie Schneider, Scott Scneider, Susan Schneider for judgment on the pleadings dismissing each and every claim asserted by plntf Highland Capital Mangement ; Return Date not indicated; attached are papers in support (cd) (Entered: 06/16/2003)
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Legal Document (Payment Possibly Required) 30 Filed: 6/3/2003, Entered: None Court Filing
ORDER, Plaintiff's motion dated 5/8/03--relating to the production of privileged documents--has been withdrawn by plaintiff's counsel and is therefore denied as moot. denying [27-1] motion for an order purs. to the FRCP to compel dfts Leonard Schneider, Leslie Schneider. Scott Schneider and Susan Schneider, to produce documents identified in the memorandum of law, produce the Schneiders for deposition between 6/23/03 and 6/26/03, deem Request for admission No. 72 admitted, denying [27-2] motion award pltff $15,000.00 as a sanction as further set forth in said motion. As reflected in a previous memorandum endorsement filed 5/21/03 (docket #23), plaintiff's motion dated 5/14/03 (docket #27)--relating to miscellaneous discovery matters--is denied for failure to comply with this Court's requirement that counsel confer in good faith and write a letter to the Court prior to making such a motion. ( signed by Magistrate Judge Gabriel W. Gorenstein ); Copies mailed by Chambers. (sb) (Entered: 06/05/2003)
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Legal Document (Payment Possibly Required) 29 Filed: 5/22/2003, Entered: None
MEMORANDUM OF LAW by Highland Capital in support of [27-1] motion for an order purs. to the FRCP to compel dfts Leonard Schneider, Leslie Schneider. Scott Schneider and Susan Schneider, to produce documents identified in the memorandum of law, produce the Schneiders for deposition between 6/23/03 and 6/26/03, deem Request for admission No. 72 admitted, [27-2] motion award pltff $15,000.00 as a sanction as further set forth in said motion . (db) (Entered: 05/28/2003)
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Legal Document (Payment Possibly Required) 28 Filed: 5/22/2003, Entered: None
APPENDIX by Highland Capital to [27-1], [27-2] motion by pltff. (db) (Entered: 05/28/2003)
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Legal Document (Payment Possibly Required) 27 Filed: 5/14/2003, Entered: None, Terminated: 6/3/2003
NOTICE OF MOTION (FILED ON SERVICE DATE) by Highland Capital for an order purs. to the FRCP to compel dfts Leonard Schneider, Leslie Schneider. Scott Schneider and Susan Schneider, to produce documents identified in the memorandum of law, produce the Schneiders for deposition between 6/23/03 and 6/26/03, deem Request for admission No. 72 admitted , and award pltff $15,000.00 as a sanction as further set forth in said motion . No Return Date indicated. (db) (Entered: 05/28/2003)
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Legal Document (Payment Possibly Required) 26 Filed: 5/21/2003, Entered: None
DECLARATION of Katherine Ash by Leonard Schneider, Leslie Schneider, Scott Scneider, Susan Schneider in opposition to plaintiff's motion to compel production of privileged docuements. (jco) (Entered: 05/27/2003)
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Legal Document (Payment Possibly Required) 25 Filed: 5/21/2003, Entered: None
MEMORANDUM OF LAW by Leonard Schneider, Leslie Schneider, Scott Scneider, Susan Schneider in opposition to motion to compel production of documents, to deem request to admit number 72 as modified admitted, and to order defendants to appear for deposition on selected dates and for sanctions. (jco) (Entered: 05/27/2003)
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Legal Document (Payment Possibly Required) 24 Filed: 5/21/2003, Entered: None
MEMORANDUM OF LAW by Leonard Schneider, Leslie Schneider, Scott Scneider, Susan Schneider in opposition to motion to compel production of documents protected by the attorney-client and work product privileges. (jco) (Entered: 05/27/2003)
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Legal Document (Payment Possibly Required) 23 Filed: 5/21/2003, Entered: None Court Filing
Memo endorsed on motion; the issues reaised in pltffs 4/15/03 letter were adjudicated by the Court at the 5/2/03 conference, with the exception of the privilege issue for which permission to make a formal motion was given. The instant motion is denied for failure to comply with paragraph 3A of this Court is Individual Practices. ( signed by Magistrate Judge Gabriel W. Gorenstein ); (sac) (Entered: 05/22/2003)
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Legal Document (Payment Possibly Required) 22 Filed: 5/19/2003, Entered: None
AFFIRMATION of Katherine Ash by Leonard Schneider, Leslie Schneider, Scott Scneider, Susan Schneider in opposition to plaintiff's motion to compel discovery for sanctions. (sb) (Entered: 05/21/2003)
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Legal Document (Payment Possibly Required) 21 Filed: 5/14/2003, Entered: None Court Filing
AMENDED DISCOVERY PLAN/ORDER; Plaintiff and defendants shall make initial disclosures under FRCP 26(a)(1) by December 2, 2002. Third-party defendant shall make such disclosures by 12/16/02 ; Parties shall complete discovery other than expert discovery by 07/31/03 ; Rule 34 document requests may be served at any time on or before 07/01/03. Interrogatories purs to Local Civil Rule 33.3(a) must be served by Decdmber 31, 2002. Depositions of fact witnesses may be scheduled beginning January 20, 2003. Requests to Admit, if any, must be served by June 30, 2003. Affirmative expert disclosures and reports shall be served by August 29, 2003. Opposition expert disclosures and reports shall be served by 09/30/03. Depositions of all testifying experts shall be completed by 11/15/03 ; ( signed by Magistrate Judge Gabriel W. Gorenstein ); (djc) (Entered: 05/15/2003)
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Legal Document (Payment Possibly Required) 20 Filed: 5/2/2003, Entered: None Court Filing
Memorandum to Docket Clerk: that a pretrial conference was held on 5/2/03 before Judge Gorenstein; Discovery Order issued . (pl) (Entered: 05/05/2003)
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Legal Document (Payment Possibly Required) 19 Filed: 4/22/2003, Entered: None
NOTICE of Hearing; in accordance with Local Rule 37.2, an informal discovery conference with Mag. Gorenstein is set for Monday, April 28, 2003 at 10:00a.m. at 40 Centre Street, Room 228, NY, NY. (djc) (Entered: 04/23/2003)
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Legal Document (Payment Possibly Required) 18 Filed: 3/21/2003, Entered: None
AFFIDAVIT of Jack Yoskowitz in opposition to [13-1] motion for an ORder dismissing each and every counterclaim asserted by third-party defendant, RBC Dominion Securites Corp. in its Answer with Counterclaims. (jco) (Entered: 03/25/2003)
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Legal Document (Payment Possibly Required) 17 Filed: 3/21/2003, Entered: None
MEMORANDUM OF LAW by RBC Dominion Securit in opposition to [13-1] motion for an ORder dismissing each and every counterclaim asserted by third-party defendant, RBC Dominion Securites Corp. in its Answer with Counterclaims. (jco) (Entered: 03/25/2003)
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Legal Document (Payment Possibly Required) 16 Filed: 3/21/2003, Entered: None
REPLY MEMORANDUM in further support of [13-1] motion for an ORder dismissing each and every counterclaim asserted by third-party defendant, RBC Dominion Securites Corp. in its Answer with Counterclaims. (jco) (Entered: 03/25/2003)
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Legal Document (Payment Possibly Required) 15 Filed: 3/21/2003, Entered: None
REPLY DECLARATION of Katherine Ash in support Re: [13-1] motion for an ORder dismissing each and every counterclaim by third-party defendant, RBC Dominion Securites Corp. in its Answer with Counterclaims. (jco) (Entered: 03/25/2003)
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Legal Document (Payment Possibly Required) 14 Filed: 3/21/2003, Entered: None
MEMORANDUM OF LAW by Leonard Schneider, Leslie Schneider, Scott Scneider, Susan Schneider in support of [13-1] motion for an ORder dismissing each and every counterclaim asserted by third-party defendant, RBC Dominion Securites Corp. in its Answer with Counterclaims. (jco) (Entered: 03/25/2003)
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Legal Document (Payment Possibly Required) 13 Filed: 3/21/2003, Entered: None
NOTICE OF MOTION by Leonard Schneider, Leslie Schneider, Scott Scneider, Susan Schneider; for an ORder dismissing each and every counterclaim asserted by third-party defendant, RBC Dominion Securites Corp. in its Answer with Counterclaims . Return Date not indicated. (jco) (Entered: 03/25/2003)
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Legal Document (Payment Possibly Required) 12 Filed: 1/2/2003, Entered: None Court Filing
STIPULATION and ORDER, Defendants-third party plaintiffs' Response to third-party defendants counterclaim set for 2/3/03 ; ( signed by Judge Peter K. Leisure ); Copies mailed by Chambers; (djc) (Entered: 01/07/2003)
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Legal Document (Payment Possibly Required) 11 Filed: 12/13/2002, Entered: None
RULE 1.9 CERTIFICATE filed by RBC Dominion Securit . (gf) (Entered: 12/31/2002)
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Legal Document (Payment Possibly Required) 10 Filed: 12/13/2002, Entered: None
COUNTERCLAIM by RBC Dominion Securit against Leonard Schneider, Leslie Schneider, Scott Scneider, Susan Schneider (gf) (Entered: 12/31/2002)
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Legal Document (Payment Possibly Required) 9 Filed: 12/19/2002, Entered: None Court Filing
ORDER, that the Court is granting the [8-1] motion pursuant to Local Rule 1.3(c) for the admission of Paul B. Lackey to represent Highland this matter; Granting [8-2] motion for an Order granting admission of Jamie R. Welton to represent Highland in this matter; Granting [8-3] motion for an Order granting the addmission of Scott S. Hershman to represent Highland in this matter. ( signed by Judge Peter K. Leisure ); Copies mailed by Chambers. FORWARDED DOCUMENT TO ATTORNEY ADMISSIONS CLERK. (tp) (Entered: 12/23/2002)
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Legal Document (Payment Possibly Required) 8 Filed: 12/17/2002, Entered: None, Terminated: 12/19/2002
NOTICE OF MOTION by Highland Capital pursuant to Local Rule 1.3(c) for the admission of Paul B. Lackey to represent Highland in this matter , for an Order granting the admission of Jamie R. Welton to represent Highland in this matter , for an Order granting the addmission of Scott S. Hershman to represent Highland in this matter . Return Date not indicated. Declarations of Paul B. Lackey, Jamie R. Welton and Scott S. Hershman in support attached. (yv) (Entered: 12/20/2002)
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Legal Document (Payment Possibly Required) 7 Filed: 12/11/2002, Entered: None Court Filing
STIPULATION and ORDER, Third-party defendant RBC Dominion Securities Corp.'s time to move, answer, or otherwise respond to the Third-Party Complaint is extended to 12/11/02. ( signed by Judge Peter K. Leisure ) (sb) (Entered: 12/16/2002)
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Legal Document (Payment Possibly Required) 6 Filed: 11/25/2002, Entered: None Court Filing
JOINT REPORT OF RULE OF 26(f) CONFERENCE AND PROPOSED DISCOVERY PLAN, plaintiff and dfts shall make initial disclosures under FRCP 26(a)(1) by 12/2/02, third party dft shall make such disclosures by 12/16/02 , parties shall complete discovery other than expert discovery by 5/30/03; rule 34 document requests may be served at any time on or before 5/1/03; interrogatories pursuant to Local Civil Rule 33.3(a) must be served by 12/31/02; depositions of fact witnesses may be scheduled beginning 1/20/03; requests to admit must be served by 4/30/03 , affirmative expert disclosures and reports shall be served by 6/30/03; opposition expert disclosures and reports shall be served by 7/31/03; depositions of all testifying experts shall be completed by 9/15/03 . ( signed by Judge Peter K. Leisure ) (dle) (Entered: 11/27/2002)
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Legal Document (Payment Possibly Required) 5 Filed: 11/20/2002, Entered: None Court Filing
STIPULATION OF EXTENSION OF TIME, that the time for Third-Party defendant Dominion Securities to move, answer, or otherwise respond to the Third-Party complaint be extended to 11/27/02 . ( signed by Judge Peter K. Leisure ); Copies mailed by Chambers. (tp) (Entered: 11/20/2002)
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Legal Document (Payment Possibly Required) 4 Filed: 11/5/2002, Entered: None
NOTICE of attorney appearance for Highland Capital by Kieran M. Corcoran. (sac) (Entered: 11/12/2002)
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Legal Document (Payment Possibly Required) 3 Filed: 10/29/2002, Entered: None
AFFIDAVIT OF SERVICE of 3rd party summons and complaint as to RBC Dominion Securit by Joseph Zapata on 10/23/02 . Answer due on 11/12/02 for RBC Dominion Securit. (sb) (Entered: 10/31/2002)
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Legal Document (Payment Possibly Required) 2 Filed: 10/28/2002, Entered: None
NOTICE of Change of Address by Leonard Schneider, Leslie Schneider, Scott Scneider, Susan Schneider. (sac) (Entered: 10/31/2002)
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Legal Document (Payment Possibly Required) 1 Filed: 10/22/2002, Entered: None
THIRD PARTY COMPLAINT by Leonard Schneider, Leslie Schneider, Scott Scneider, Susan Schneider against RBC Dominion Securit ; Third-party summons issued. (kw) (Entered: 10/28/2002)
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