Sheet Metal Workers' National Pension Fund et al v. Palladium Equity Partners, LLC et al

Federal Civil Lawsuit Michigan Eastern District Court, Case No. 2:08-cv-12586
District Judge David M. Lawson, presiding
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District Judge David M. Lawson
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Summary

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Parties
No Logo Sheet Metal Workers Local 292 Pension Fund, Plaintiff

Represented by Erman Teicher Miller Zucker and Freedman

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Barbara A. Patek +1 248 827 4100 +1 248 827 4106 bpatek@ermanteicher.com

Represented by SLEVIN & HART, PC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Sarah G. Naji - NOT SWORN +1 202 797 8700 +1 202 234 8231 snaji@slevinhart.com
TERMINATED: 08/20/2010, ATTORNEY TO BE NOTICED Brian J. Petruska +1 202 797 8700 +1 202 234 8231 bjp@slevinhart.com
ATTORNEY TO BE NOTICED Marc H. Rifkind +1 202 797 8700 +1 202 234 8231 mrifkind@slevinhart.com
ATTORNEY TO BE NOTICED Jeffrey S. Swyers +1 202 797 8700 +1 202 234 8231 jswyers@slevinhart.com
No Logo Sheet Metal Workers' National Pension Fund, Plaintiff

Represented by Erman Teicher Miller Zucker and Freedman

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Barbara A. Patek +1 248 827 4100 +1 248 827 4106 bpatek@ermanteicher.com

Represented by SLEVIN & HART, PC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Sarah G. Naji - NOT SWORN +1 202 797 8700 +1 202 234 8231 snaji@slevinhart.com
TERMINATED: 08/20/2010, ATTORNEY TO BE NOTICED Brian J. Petruska +1 202 797 8700 +1 202 234 8231 bjp@slevinhart.com
ATTORNEY TO BE NOTICED Marc H. Rifkind +1 202 797 8700 +1 202 234 8231 mrifkind@slevinhart.com
ATTORNEY TO BE NOTICED Jeffrey S. Swyers +1 202 797 8700 +1 202 234 8231 jswyers@slevinhart.com
v.
No Logo Palladium Equity Investors II, LP, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Ronald E Richman +1 212 756 2000

Represented by Ogletree, Deakins, Nash, Smoak & Stewart, PC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Debra A. Colby +1 248 593 6400 +1 248 593 2603 debra.colby@ogletreedeakins.com
ATTORNEY TO BE NOTICED Richard M. Tuyn +1 248 593 6400 richard.tuyn@ogletreedeakins.com
No Logo Palladium Equity Partners II, LP, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Ronald E Richman +1 212 756 2000

Represented by Ogletree, Deakins, Nash, Smoak & Stewart, PC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Debra A. Colby +1 248 593 6400 +1 248 593 2603 debra.colby@ogletreedeakins.com
ATTORNEY TO BE NOTICED Richard M. Tuyn +1 248 593 6400 richard.tuyn@ogletreedeakins.com
No Logo Palladium Equity Partners II-A, LP, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Ronald E Richman +1 212 756 2000

Represented by Ogletree, Deakins, Nash, Smoak & Stewart, PC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Debra A. Colby +1 248 593 6400 +1 248 593 2603 debra.colby@ogletreedeakins.com
ATTORNEY TO BE NOTICED Richard M. Tuyn +1 248 593 6400 richard.tuyn@ogletreedeakins.com
No Logo Palladium Equity Partners, Llc, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Ronald E Richman +1 212 756 2000

Represented by Ogletree, Deakins, Nash, Smoak & Stewart, PC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Debra A. Colby +1 248 593 6400 +1 248 593 2603 debra.colby@ogletreedeakins.com
ATTORNEY TO BE NOTICED Richard M. Tuyn +1 248 593 6400 richard.tuyn@ogletreedeakins.com
Attributes
Citation Section 29 U.S.C. § 1381
Nature of Suit 791 - Labor: Employee Retirement Income Security Act (ERISA)
Timeline
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Legal Document (Payment Possibly Required) 153 Filed: 3/2/2011, Entered: None Court Filing
ORDER DISMISSING CASE Signed by District Judge David M. Lawson. (DSmi) (Entered: 03/02/2011)
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Legal Document (Payment Possibly Required) 152 Filed: 3/2/2011, Entered: None
STIPULATION of Dismissal (Voluntary) With Prejudice by All Plaintiffs (Patek, Barbara) (Entered: 03/02/2011)
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Legal Document (Payment Possibly Required) 151 Filed: 2/25/2011, Entered: None Court Filing
ORDER granting in part and denying in part 142 Motion to Reopen Case to Enforce Settlement Agreement; Vacating 141 Order of Dismissal; Restoring Case to Active Docket; and Setting Trial Date. Signed by District Judge David M. Lawson. (DSmi) (Entered: 02/25/2011)
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Legal Document (Payment Possibly Required) 150 Filed: 2/25/2011, Entered: None
Notice of Filing Transcript. (Twedt, R) (Entered: 02/25/2011)
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Legal Document (Payment Possibly Required) 149 Filed: 2/25/2011, Entered: None
TRANSCRIPT of Motion to Enforce/Reopen held on 02/24/2011. (Court Reporter: Rene L Twedt) (Number of Pages: 32) Redaction Request due 3/18/2011. Redacted Transcript Deadline set for 3/28/2011. Release of Transcript Restriction set for 5/26/2011. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Twedt, R) (Entered: 02/25/2011)
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Legal Document (Payment Possibly Required) 148 Filed: 1/19/2011, Entered: None Court Filing
NOTICE of hearing on 142 MOTION to Reopen Case. Motion Hearing set for 2/24/2011 at 4:00 PM before District Judge David M. Lawson. (DTof) (Entered: 01/19/2011)
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Legal Document (Payment Possibly Required) 147 Filed: 1/12/2011, Entered: None
REPLY to Response re 142 MOTION to Reopen Case Plaintiffs Motion to Reopen Matter to Enforce Settlement Agreement, Or, in the Alternative, to Set Trial Date and Brief in Support; and Certificate of Service Plaintiff's Reply to Defendants' Opposition to Plaintiffs' Motion to Reopen Case for Judicial Enforcement of the Parties' October 21, 2010 Settlement Agreement or, in the Alternative, to Set Aside the Amended Dismissal Order, Reinstate the Case and Set Matter for Trial; with Brief in Support, Certificate of Service and Exhibit A filed by Sheet Metal Workers Local 292 Pension Fund, Sheet Metal Workers' National Pension Fund. (Patek, Barbara) (Entered: 01/12/2011)
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Legal Document (Payment Possibly Required) 146 Filed: 1/10/2011, Entered: None
RESPONSE to 142 MOTION to Reopen Case Plaintiffs Motion to Reopen Matter to Enforce Settlement Agreement, Or, in the Alternative, to Set Trial Date and Brief in Support; and Certificate of Service filed by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit Declaration of Meredith Nachman, # 3 Exhibit Affidavit of Jill Goldberg Mintzer) (Tuyn, Richard) (Entered: 01/10/2011)
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Legal Document (Payment Possibly Required) 145 Filed: 12/30/2010, Entered: None Court Filing
ORDER DENYING 143 Ex Parte MOTION Plaintiffs Ex-Parte Motion for Shortened Notice and Expedited Hearing on Plaintiffs Motion to Reopen Case for Judicial Enforcement of the Parties October 21, 2010 Settlement Agreement, or, in the Alternative, to Set Aside the Amended Dis filed by Sheet Metal Workers' National Pension Fund, Sheet Metal Workers Local 292 Pension Fund., Set Motion and R&R Deadlines/Hearings as to 143 Ex Parte MOTION Plaintiffs Ex-Parte Motion for Shortened Notice and Expedited Hearing on Plaintiffs Motion to Reopen Case for Judicial Enforcement of the Parties October 21, 2010 Settlement Agreement, or, in the Alternative, to Set Aside the Amended Dis, 142 MOTION to Reopen Case Plaintiffs Motion to Reopen Matter to Enforce Settlement Agreement, Or, in the Alternative, to Set Trial Date and Brief in Support; and Certificate of Service :( Response due by 1/10/2011) Signed by District Judge David M. Lawson. (DTof) (Entered: 12/30/2010)
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Legal Document (Payment Possibly Required) 144 Filed: 12/28/2010, Entered: None
RESPONSE to 143 Ex Parte MOTION Plaintiffs Ex-Parte Motion for Shortened Notice and Expedited Hearing on Plaintiffs Motion to Reopen Case for Judicial Enforcement of the Parties October 21, 2010 Settlement Agreement, or, in the Alternative, to Set Aside the Amended Dis filed by All Defendants. (Tuyn, Richard) (Entered: 12/28/2010)
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Legal Document (Payment Possibly Required) 143 Filed: 12/22/2010, Entered: None
Ex Parte MOTION Plaintiffs Ex-Parte Motion for Shortened Notice and Expedited Hearing on Plaintiffs Motion to Reopen Case for Judicial Enforcement of the Parties October 21, 2010 Settlement Agreement, or, in the Alternative, to Set Aside the Amended Dismissal Order, Reinstate the Case and Set Matter for Trial Pursuant to Fed. R. Civ. P. 6(c)(1)(C) re 142 MOTION to Reopen Case Plaintiffs Motion to Reopen Matter to Enforce Settlement Agreement, Or, in the Alternative, to Set Trial Date and Brief in Support; and Certificate of Service with Brief in Support and Certificate of Service by Sheet Metal Workers Local 292 Pension Fund, Sheet Metal Workers' National Pension Fund. (Patek, Barbara) (Entered: 12/22/2010)
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Legal Document (Payment Possibly Required) 142 Filed: 12/22/2010, Entered: None
MOTION to Reopen Case Plaintiffs Motion to Reopen Matter to Enforce Settlement Agreement, Or, in the Alternative, to Set Trial Date and Brief in Support; and Certificate of Service by Sheet Metal Workers Local 292 Pension Fund, Sheet Metal Workers' National Pension Fund. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F) (Patek, Barbara) (Entered: 12/22/2010)
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Legal Document (Payment Possibly Required) 141 Filed: 11/4/2010, Entered: None Court Filing
AMENDED ORDER OF DISMISSAL. Signed by District Judge David M. Lawson. (DTof) (Entered: 11/04/2010)
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Legal Document (Payment Possibly Required) 140 Filed: 11/3/2010, Entered: None Court Filing
ORDER of Dismissal. Signed by District Judge David M. Lawson. (DWor) (Entered: 11/03/2010)
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Legal Document (Payment Possibly Required) 139 Filed: 10/7/2010, Entered: None Court Filing
ORDER OF REFERRAL TO FACILITATIVE MEDIATION. Signed by District Judge David M. Lawson. (Feijoo, TS) (Entered: 10/07/2010)
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Legal Document (Payment Possibly Required) 138 Filed: 9/3/2010, Entered: None
NOTICE of Appearance by Sarah G. Naji - NOT SWORN on behalf of All Plaintiffs. (Naji - NOT SWORN, Sarah) (Entered: 09/03/2010)
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Legal Document (Payment Possibly Required) 137 Filed: 9/1/2010, Entered: None Court Filing
SCHEDULING ORDER: Final Pretrial Conference set for 11/23/2010 at 11:00 AM before District Judge David M. Lawson; Bench Trial set for 12/7/2010 at 8:30 AM before District Judge David M. Lawson. Signed by District Judge David M. Lawson. (Refer to image for additional dates) (Feijoo, TS) (Entered: 09/01/2010)
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Legal Document (Payment Possibly Required) 136 Filed: 8/20/2010, Entered: None
NOTICE of Withdrawal of Attorney Brian J. Petruska by Sheet Metal Workers Local 292 Pension Fund, Sheet Metal Workers' National Pension Fund. (Petruska, Brian) (Entered: 08/20/2010)
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Legal Document (Payment Possibly Required) 135 Filed: 8/20/2010, Entered: None
NOTICE by Sheet Metal Workers Local 292 Pension Fund, Sheet Metal Workers' National Pension Fund of withdrawal of 134 MOTION for Withdrawal of Attorney Brian Petruska. (Petruska, Brian) (Entered: 08/20/2010)
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Legal Document (Payment Possibly Required) 134 Filed: 8/14/2010, Entered: None
MOTION for Withdrawal of Attorney Brian Petruska by Sheet Metal Workers Local 292 Pension Fund, Sheet Metal Workers' National Pension Fund. (Petruska, Brian) (Entered: 08/14/2010)
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Legal Document (Payment Possibly Required) 133 Filed: 7/14/2010, Entered: None Court Filing
OPINION and ORDER Denying Plaintiffs' and Defendants' Motions [89, 90] for Summary Judgment. Status Conference scheduled for August 23, 2010 at 4:30 p.m. Signed by District Judge David M. Lawson. (SPin) (Entered: 07/14/2010)
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Legal Document (Payment Possibly Required) 132 Filed: 7/14/2010, Entered: None Court Filing
OPINION and ORDER Denying Plaintiffs' Motion 66 for an Order Invalidating Defendants' Claims of Privilege, Granting Defendants' Motion 120 in Limine, and Granting in Part and Denying in Part Plaintiffs' 65 Motion to Strike Defendants' Expert Witness Report. Signed by District Judge David M. Lawson. (SPin) (Entered: 07/14/2010)
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Legal Document (Payment Possibly Required) 131 Filed: 6/1/2010, Entered: None
Notice of Filing Transcript. (Twedt, R) (Entered: 06/01/2010)
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Legal Document (Payment Possibly Required) 130 Filed: 6/1/2010, Entered: None
TRANSCRIPT of Motion Hearing held on 05/10/2010. (Court Reporter: Rene L Twedt) (Number of Pages: 48) Redaction Request due 6/22/2010. Redacted Transcript Deadline set for 7/2/2010. Release of Transcript Restriction set for 8/30/2010. Transcript may be viewed at the court public terminal or purchased through the Court Reporter at www.transcriptorders.com before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Twedt, R) (Entered: 06/01/2010)
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Legal Document (Payment Possibly Required) 129 Filed: 4/1/2010, Entered: None Court Filing
ORDER Scheduling a Hearing on Certain Motions re 89 , 90 , 65 , 120 and Suspending the Case Management and Scheduling Order Deadlines :( Motion Hearing set for 5/10/2010 at 2:30 PM before District Judge David M. Lawson) - Signed by District Judge David M. Lawson. (FMos) (Entered: 04/01/2010)
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Legal Document (Payment Possibly Required) 128 Filed: 2/8/2010, Entered: None Court Filing
ORDER denying without prejudice 63 Motion for Summary Judgment and 64 Motion for Summary Judgment and Order Scheduling a Hearing on Certain Motions and Modifying the Case Management and Scheduling Order. Signed by District Judge David M. Lawson. (Scott-Feijoo, Teresa) (Entered: 02/08/2010)
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Legal Document (Payment Possibly Required) 127 Filed: 11/12/2009, Entered: None
RESPONSE to 120 MOTION in Limine to Exclude Contested Documents at Issue in Plaintiffs' Motion for Order on the Validity of Defendants' Claims of Privilege Under Rule 26(b)(5)(B) MOTION in Limine to Exclude Contested Documents at Issue in Plaintiffs' Motion for Order on the Validity of Defendants' Claims of Privilege Under Rule 26(b)(5)(B) filed by Sheet Metal Workers' National Pension Fund, Sheet Metal Workers Local 292 Pension Fund. (Petruska, Brian) (Entered: 11/12/2009)
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Legal Document (Payment Possibly Required) 126 Filed: 11/3/2009, Entered: None Court Filing
CORRECTED ORDER MODIFYING CASE MANAGEMENT AND SCHEDULING ORDER. Signed by District Judge David M. Lawson. (Scott-Feijoo, Teresa) (Entered: 11/04/2009)
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Legal Document (Payment Possibly Required) 125 Filed: 11/4/2009, Entered: None Court Filing
NOTICE of hearing on 120 MOTION in Limine. Motion Hearing set for 2/3/2010 at 4:00 PM before District Judge David M. Lawson. (Scott-Feijoo, Teresa) (Entered: 11/04/2009)
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Legal Document (Payment Possibly Required) 124 Filed: 10/30/2009, Entered: None Court Filing
ORDER DENYING THE DEFENDANTS' MOTION FOR A PROTECTIVE ORDER SEALING PORTION OF AUGUST 4, 2009 HEARING TRANSCRIPT 107 . Signed by District Judge David M. Lawson. (Scott-Feijoo, Teresa) (Entered: 10/30/2009)
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Legal Document (Payment Possibly Required) 123 Filed: 10/30/2009, Entered: None Court Filing
ORDER MODIFYING THE CASE MANAGEMENT AND SCHEDULING ORDER. Signed by District Judge David M. Lawson. (Scott-Feijoo, Teresa) (Entered: 10/30/2009)
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Legal Document (Payment Possibly Required) 122 Filed: 10/27/2009, Entered: None
Objections to Defendants' 25(a)(3) Disclosures Exhibit List by Sheet Metal Workers' National Pension Fund, Sheet Metal Workers Local 292 Pension Fund. (Petruska, Brian) (Entered: 10/27/2009)
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Legal Document (Payment Possibly Required) 121 Filed: 10/26/2009, Entered: None
Defendants' Objections to Plaintiffs' Fed. R. Civ. P. 26(a)(3) Pretrial Disclosures - Exhibit List by Palladium Equity Partners, LLC, Palladium Equity Partners II, LP, Palladium Equity Partners II-A, LP, Palladium Equity Investors II, LP. (Tuyn, Richard) (Entered: 10/26/2009)
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Legal Document (Payment Possibly Required) 120 Filed: 10/26/2009, Entered: None Motion in Limine
MOTION in Limine to Exclude Contested Documents at Issue in Plaintiffs' Motion for Order on the Validity of Defendants' Claims of Privilege Under Rule 26(b)(5)(B) by Palladium Equity Partners, LLC, Palladium Equity Partners II, LP, Palladium Equity Partners II-A, LP, Palladium Equity Investors II, LP. (Tuyn, Richard) (Entered: 10/26/2009)
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Legal Document (Payment Possibly Required) 119 Filed: 10/22/2009, Entered: None
RESPONSE to 107 MOTION for Protective Order Sealing Portion of August 4, 2009 Hearing Transcript in Opposition filed by Sheet Metal Workers' National Pension Fund, Sheet Metal Workers Local 292 Pension Fund. (Petruska, Brian) (Entered: 10/22/2009)
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Legal Document (Payment Possibly Required) 118 Filed: 10/22/2009, Entered: None
NOTICE by Sheet Metal Workers' National Pension Fund, Sheet Metal Workers Local 292 Pension Fund of withdrawal of 111 Ex Parte MOTION to Expedite Hearing and Shorten Response Time on Motion to File Portion of Deposition Transcript Under Seal Pending an Order in the Infast Case, or, Alternatively, to Keep the Summary Judgment Record Open Pending an Order in the Infas, 110 MOTION to File Portion of Deposition Transcript Under Seal Pending An Order in the Infast Case or, Alternatively, to Keep the Summary Judgment Record Open Pending An Order in the Infast Case re 83 MOTION to Strike Privileged and Sealed Documents MOTION to File Portion of Deposition Transcript Under Seal Pending An Order in the Infast Case or, Alternatively, to Keep the Summary Judgment Record Open Pending An Order in the Infast Case re 83 MOTION to Strike Privileged and Sealed Documents MOTION to File Portion of Deposition Transcript Under Seal Pending An Order in the Infast Case or, Alternatively, to Keep the Summary Judgment Record Open Pending An Order in the Infast Case re 83 MOTION to Strike Privileged and Sealed Documents MOTION to File Portion of Deposition Transcript Under Seal Pending An Order in the Infast Case or, Alternatively, to Keep the Summary Judgment Record Open Pending An Order in the Infast Case re 83 MOTION to Strike Privileged and Sealed Documents Withdrawal of Motions as Moot. (Petruska, Brian) (Entered: 10/22/2009)
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Legal Document (Payment Possibly Required) 117 Filed: 10/22/2009, Entered: None Court Filing
EXHIBIT 3 of Plaintiffs' Motion for Summary Judgment, Deposition of Rodriguez, Resubmitted pursuant to the Court's Order of Oct 1, 2009 and the Order of Judge Edmunds Lifting the Seal re 106 Order on Motion to Strike, Order on Motion to Seal, 116 Notice (Other), 90 MOTION for Summary Judgment (Resubmitted), Brief in Support, Certificate of Service MOTION for Summary Judgment (Resubmitted), Brief in Support, Certificate of Service MOTION for Summary Judgment (Resubmitted), Brief in Support, Certificate of Service MOTION for Summary Judgment (Resubmitted), Brief in Support, Certificate of Service MOTION for Summary Judgment (Resubmitted), Brief in Support, Certificate of Service MOTION for Summary Judgment (Resubmitted), Brief in Support, Certificate of Service MOTION for Summary Judgment (Resubmitted), Brief in Support, Certificate of Service MOTION for Summary Judgment (Resubmitted), Brief in Support, Certificate of Service by Sheet Metal Workers' National Pension Fund, Sheet Metal Workers Local 292 Pension Fund (Petruska, Brian) (Entered: 10/22/2009)
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Legal Document (Payment Possibly Required) 116 Filed: 10/22/2009, Entered: None Court Filing
NOTICE by Sheet Metal Workers' National Pension Fund, Sheet Metal Workers Local 292 Pension Fund re 106 Order on Motion to Strike, Order on Motion to Seal Notice of Ruling and Order by Judge Edmunds Lifting Seal (Petruska, Brian) (Entered: 10/22/2009)
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Legal Document (Payment Possibly Required) 115 Filed: 10/16/2009, Entered: None
EXHIBIT 3, Redacted Rodriguez Testimony to Plaintiffs' Motion for Summary Judgment re 114 Stipulation and Order, 90 MOTION for Summary Judgment (Resubmitted), Brief in Support, Certificate of Service MOTION for Summary Judgment (Resubmitted), Brief in Support, Certificate of Service MOTION for Summary Judgment (Resubmitted), Brief in Support, Certificate of Service MOTION for Summary Judgment (Resubmitted), Brief in Support, Certificate of Service MOTION for Summary Judgment (Resubmitted), Brief in Support, Certificate of Service MOTION for Summary Judgment (Resubmitted), Brief in Support, Certificate of Service MOTION for Summary Judgment (Resubmitted), Brief in Support, Certificate of Service MOTION for Summary Judgment (Resubmitted), Brief in Support, Certificate of Service by Sheet Metal Workers' National Pension Fund, Sheet Metal Workers Local 292 Pension Fund (Patek, Barbara) (Entered: 10/16/2009)
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Legal Document (Payment Possibly Required) 114 Filed: 10/15/2009, Entered: None Court Filing
STIPULATED ORDER to refile the redacted version of exhibit 3 re 90 MOTION for Summary Judgment. Signed by District Judge David M. Lawson. (NHol) (Entered: 10/16/2009)
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Legal Document (Payment Possibly Required) 113 Filed: 10/15/2009, Entered: None Court Filing
STIPULATED ORDER withdrawing certain exhibits from consideration re 75 Amended Motion for Summary Judgment. Signed by District Judge David M. Lawson. (NHol) (Entered: 10/16/2009)
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Legal Document (Payment Possibly Required) 112 Filed: 10/16/2009, Entered: None
INDEX of Exhibits re 110 MOTION to File Portion of Deposition Transcript Under Seal Pending An Order in the Infast Case or, Alternatively, to Keep the Summary Judgment Record Open Pending An Order in the Infast Case re 83 MOTION to Strike Privileged and Sealed Documents MOTION to File Portion of Deposition Transcript Under Seal Pending An Order in the Infast Case or, Alternatively, to Keep the Summary Judgment Record Open Pending An Order in the Infast Case re 83 MOTION to Strike Privileged and Sealed Documents MOTION to File Portion of Deposition Transcript Under Seal Pending An Order in the Infast Case or, Alternatively, to Keep the Summary Judgment Record Open Pending An Order in the Infast Case re 83 MOTION to Strike Privileged and Sealed Documents MOTION to File Portion of Deposition Transcript Under Seal Pending An Order in the Infast Case or, Alternatively, to Keep the Summary Judgment Record Open Pending An Order in the Infast Case re 83 MOTION to Strike Privileged and Sealed Documents by Sheet Metal Workers' National Pension Fund, Sheet Metal Workers Local 292 Pension Fund (Patek, Barbara) (Entered: 10/16/2009)
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Legal Document (Payment Possibly Required) 111 Filed: 10/15/2009, Entered: None
Ex Parte MOTION to Expedite Hearing and Shorten Response Time on Motion to File Portion of Deposition Transcript Under Seal Pending an Order in the Infast Case, or, Alternatively, to Keep the Summary Judgment Record Open Pending an Order in the Infast Case by Sheet Metal Workers' National Pension Fund, Sheet Metal Workers Local 292 Pension Fund. (Patek, Barbara) (Entered: 10/15/2009)
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Legal Document (Payment Possibly Required) 110 Filed: 10/15/2009, Entered: None
MOTION to File Portion of Deposition Transcript Under Seal Pending An Order in the Infast Case or, Alternatively, to Keep the Summary Judgment Record Open Pending An Order in the Infast Case re 83 MOTION to Strike Privileged and Sealed Documents from Plaintiffs' Motion for Summary Judgment, 106 Order on Motion to Strike, Order on Motion to Seal with Brief in Support and Certificate of Service by Sheet Metal Workers' National Pension Fund, Sheet Metal Workers Local 292 Pension Fund. (Attachments: # 1 Exhibit A - Declaration of Susan Kaufman, # 2 Exhibit A-1 Motion to Lift Stay, # 3 Exhibit A-2 - Motion to Shorten, # 4 Exhibit A-3 Order Denying Motion to Shorten, # 5 Exhibit A-4 Palladium Letter of October 12, 2009) (Patek, Barbara) (Entered: 10/15/2009)
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Legal Document (Payment Possibly Required) 109 Filed: 10/7/2009, Entered: None
Defendants' Fed. R. Civ. P. 26(a)(3) Disclosures & Exhibit List by Palladium Equity Partners, LLC, Palladium Equity Partners II, LP, Palladium Equity Partners II-A, LP, Palladium Equity Investors II, LP. (Tuyn, Richard) (Entered: 10/07/2009)
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Legal Document (Payment Possibly Required) 108 Filed: 10/7/2009, Entered: None
Plaintiffs' Pretrial Disclosures Under Fed.R.Civl.P. 26(a)(3) Exhibit List by Sheet Metal Workers' National Pension Fund, Sheet Metal Workers Local 292 Pension Fund. (Petruska, Brian) (Entered: 10/07/2009)
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Legal Document (Payment Possibly Required) 107 Filed: 10/5/2009, Entered: None
MOTION for Protective Order Sealing Portion of August 4, 2009 Hearing Transcript by Palladium Equity Partners, LLC, Palladium Equity Partners II, LP, Palladium Equity Partners II-A, LP, Palladium Equity Investors II, LP. (Tuyn, Richard) (Entered: 10/05/2009)
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Legal Document (Payment Possibly Required) 106 Filed: 10/1/2009, Entered: None Court Filing
ORDER granting in part 83 Motion to Strike; denying 98 Motion to Seal. Signed by District Judge David M. Lawson. (DeSa) (Entered: 10/05/2009)
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Legal Document (Payment Possibly Required) 105 Filed: 9/14/2009, Entered: None
Notice of Filing Transcript. (Twedt, R) (Entered: 09/14/2009)
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Legal Document (Payment Possibly Required) 104 Filed: 9/14/2009, Entered: None
TRANSCRIPT of Motion Hearing held on 08/04/2009. (Court Reporter: Rene L Twedt) (Number of Pages: 46) Redaction Request due 10/5/2009. Redacted Transcript Deadline set for 10/15/2009. Release of Transcript Restriction set for 12/14/2009. Transcript may be viewed at the court public terminal or purchased through the Court Reporter at 313-963-0837 before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Twedt, R) (Entered: 09/14/2009)
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Legal Document (Payment Possibly Required) 103 Filed: 9/9/2009, Entered: None Court Filing
NOTICE of hearing on 83 MOTION to Strike Privileged and Sealed Documents from Plaintiffs' Motion for Summary Judgment, 98 MOTION to Seal the Affidavit of Marcos Rodriguez. Motion Hearing set for 9/28/2009 at 08:00 AM before District Judge David M. Lawson. (Ware, L.) (Entered: 09/09/2009)
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Legal Document (Payment Possibly Required) 102 Filed: 9/4/2009, Entered: None Court Filing
ORDER granting the Plaintiffs' Ex Parte 101 Motion for Leave to Exceed the Page Limit. Signed by District Judge David M. Lawson. (Ware, L.) (Entered: 09/04/2009)
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Legal Document (Payment Possibly Required) 101 Filed: 9/2/2009, Entered: None
MOTION for Leave to File Excess Pages re: Plaintiffs' Reponse to Defendants' Motion for Summary Judgment by Sheet Metal Workers' National Pension Fund, Sheet Metal Workers Local 292 Pension Fund. (Petruska, Brian) (Entered: 09/02/2009)
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Legal Document (Payment Possibly Required) 100 Filed: 9/1/2009, Entered: None
RESPONSE to 90 MOTION for Summary Judgment (Resubmitted), Brief in Support, Certificate of Service MOTION for Summary Judgment (Resubmitted), Brief in Support, Certificate of Service MOTION for Summary Judgment (Resubmitted), Brief in Support, Certificate of Service MOTION for Summary Judgment (Resubmitted), Brief in Support, Certificate of Service MOTION for Summary Judgment (Resubmitted), Brief in Support, Certificate of Service MOTION for Summary Judgment (Resubmitted), Brief in Support, Certificate of Service MOTION for Summary Judgment (Resubmitted), Brief in Support, Certificate of Service MOTION for Summary Judgment (Resubmitted), Brief in Support, Certificate of Service filed by Palladium Equity Partners, LLC, Palladium Equity Partners II, LP, Palladium Equity Partners II-A, LP, Palladium Equity Investors II, LP. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Dep Excerpts of Rodriguez, # 3 Exhibit 2 - Dep Excerpts of Reymond, # 4 Exhibit 3 - Dep Excerpts of Green, # 5 Exhibit 4 - Chart of Investors, # 6 Exhibit 5 - Dep Excerpts of Criso, # 7 Exhibit 6 - Affidavit of Reymond, # 8 Exhibit 7 - Affidavit of Rodriguez, # 9 Exhibit 8 - PEP II Stock Certificate, # 10 Exhibit 9 - PEP II-A Stock Certificate, # 11 Exhibit 10 - PEI II Stock Certificate, # 12 Exhibit 11 - Dep Excerpts of Potts, # 13 Exhibit 12 - Dep Excerpts of Rodriguez, # 14 Exhibit 13 - ABA Jt Committee) (Tuyn, Richard) (Entered: 09/01/2009)
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Legal Document (Payment Possibly Required) 99 Filed: 9/1/2009, Entered: None
RESPONSE to 89 MOTION for Summary Judgment filed by Sheet Metal Workers' National Pension Fund, Sheet Metal Workers Local 292 Pension Fund. (Attachments: # 1 Exhibit 34: Rodridguez Dep., # 2 Exhibit 35: Reymond Dep., # 3 Exhibit Dargatz Dep., # 4 Exhibit 37: Potts Dep., # 5 Exhibit 38: Donaldson Dep., # 6 Exhibit 39: Criso Engagement Ltr, # 7 Exhibit 40: Palladium Case Study, # 8 Exhibit 41: HIG Secretary's Certificate, # 9 Exhibit 42: Palladium Ltr to Airbus, # 10 Exhibit 43: Palladium Ltr to Peugeot, # 11 Exhibit 44: Palladium Ltr to Renault, # 12 Exhibit 45: Palladium Ltr to Renault, # 13 Exhibit 46: Infast Findings of Fact and Conclusions of Law, # 14 Exhibit 47: Dyer Decl. 9/1/09, # 15 Exhibit 48: Perez Email 9.9.05) (Petruska, Brian) (Entered: 09/01/2009)
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Legal Document (Payment Possibly Required) 98 Filed: 9/1/2009, Entered: None
MOTION to Seal the Affidavit of Marcos Rodriguez by Palladium Equity Partners, LLC, Palladium Equity Partners II, LP, Palladium Equity Partners II-A, LP, Palladium Equity Investors II, LP. (Tuyn, Richard) (Entered: 09/01/2009)
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Legal Document (Payment Possibly Required) 97 Filed: 8/31/2009, Entered: None
REPLY to Response re 83 MOTION to Strike Privileged and Sealed Documents from Plaintiffs' Motion for Summary Judgment filed by Palladium Equity Partners, LLC, Palladium Equity Partners II, LP, Palladium Equity Partners II-A, LP, Palladium Equity Investors II, LP. (Attachments: # 1 Exhibit A - Affidavit of Jill Goldberg Mintzer) (Tuyn, Richard) (Entered: 08/31/2009)
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Legal Document (Payment Possibly Required) 96 Filed: 8/18/2009, Entered: None
RESPONSE to 83 MOTION to Strike Privileged and Sealed Documents from Plaintiffs' Motion for Summary Judgment filed by Sheet Metal Workers' National Pension Fund, Sheet Metal Workers Local 292 Pension Fund. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8) (Petruska, Brian) (Entered: 08/18/2009)
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Legal Document (Payment Possibly Required) 95 Filed: 8/18/2009, Entered: None Court Filing
ORDER ADJOURNING THE DEADLINE FOR PRETRIAL DISCLOSURES UNDER RULE 26(a)(3) of The Federal Rules of Civil Procedure to 10/7/2009. Signed by District Judge David M. Lawson. (Ware, L.) (Entered: 08/18/2009)
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Legal Document (Payment Possibly Required) 94 Filed: 8/14/2009, Entered: None Court Filing
ORDER granting Plaintiffs' 91 Motion. Signed by District Judge David M. Lawson. (Ware, L.) (Entered: 08/14/2009)
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Legal Document (Payment Possibly Required) 93 Filed: 8/13/2009, Entered: None
NOTICE by Sheet Metal Workers' National Pension Fund, Sheet Metal Workers Local 292 Pension Fund re 90 MOTION for Summary Judgment (Resubmitted), Brief in Support, Certificate of Service Statement of Compliance with LR 7.1(a) Regarding Plaintiffs Resubmitted Motion for Summary Judgment [Docket No. 90] and Certificate of Service (Patek, Barbara) Modified on 8/13/2009 (NHol). (Entered: 08/13/2009)
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Legal Document (Payment Possibly Required) 92 Filed: 8/12/2009, Entered: None Court Filing
NOTICE of hearing on 66 MOTION for Order on the Validity of Defendants' Claims of Privilege under Rule 26(b)(5)(B) MOTION for Order on the Validity of Defendants' Claims of Privilege under Rule 26(b)(5)(B), 83 MOTION to Strike Privileged and Sealed Documents from Plaintiffs' Motion for Summary Judgment, 64 MOTION for Summary Judgment, 63 MOTION for Summary Judgment, 65 MOTION to Strike Expert Report of Steven M. Adams, Esq.. Motion Hearing set for 10/29/2009 at 02:30 PM before District Judge David M. Lawson. (Ware, L.) (Entered: 08/12/2009)
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Legal Document (Payment Possibly Required) 91 Filed: 8/12/2009, Entered: None
Ex Parte MOTION for Order Enlarging Time to File Summary Judgment Motion Pursuant to F.R.C.P. 6(b)(1)(B) and ECF R13(b) by Sheet Metal Workers' National Pension Fund, Sheet Metal Workers Local 292 Pension Fund. (Patek, Barbara) (Entered: 08/12/2009)
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Legal Document (Payment Possibly Required) 90 Filed: 8/11/2009, Entered: None Motion for Summary Judgment
MOTION for Summary Judgment (Resubmitted), Brief in Support, Certificate of Service by Sheet Metal Workers' National Pension Fund, Sheet Metal Workers Local 292 Pension Fund. (Attachments: # 1 Exhibit 1, Dyer Declaration, # 2 Exhibit 2, Wytrychowski Declaration, # 3 Exhibit 3, Rodriguez Deposition, # 4 Exhibit 4, Reymond Deposition, # 5 Exhibit 5, Green Deposition, # 6 Exhibit 6, Dargatz Deposition, # 7 Exhibit 7, Potts Deposition, # 8 Exhibit 8, Pawley Deposition, # 9 Exhibit 9, Criso Deposition, # 10 Exhibit 10, Limited Ptnrsp Agreement, PEP II, LP, # 11 Exhibit 11, Ltd Ptnrsp Agreement, PEI II, LP, # 12 Exhibit 12, Ltd Ptnrsp Agreement PEP II-A, LP, # 13 Exhibit 13, Assignment and Assumption Agreement, # 14 Exhibit 14, Fund II Statement, # 15 Exhibit 15, Distributions to Investor, # 16 Exhibit 16, Audited Fincancil Reports for PEP II, PEI II AND PEP II-A, # 17 Exhibit 17, Memo re: HIG, # 18 Exhibit 18, Securities Purchase Agreement, # 19 Exhibit 19, Shareholder and Registration of Rights Agreement, # 20 Exhibit 20, Transfer of Shares Agreement, # 21 Exhibit 21, Defendants' Discovery Responses, # 22 Exhibit 22, Fund II Annual Statement, # 23 Exhibit 23, Amended Restated Loan Agreement, # 24 Exhibit 24, Notice and Demand for Withdrawal Liability, # 25 Exhibit 25, Notice and Demand for Withdrawal Liability 292, # 26 Exhibit 26, Notice and Demand for Withdrawal Liability, Env 292, # 27 Exhibit 27, Notice and Demand of Overdue Payment, # 28 Exhibit 28, Notices of Overdue Payment, # 29 Exhibit 29, Wyeth Email, # 30 Exhibit 30, Stanley Declaration, # 31 Exhibit 31, Indemnification Agreement, # 32 Exhibit 32, Disclosure Email, # 33 Exhibit Appendix A, # 34 Exhibit Appendix B) (Patek, Barbara) (Entered: 08/12/2009)
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Legal Document (Payment Possibly Required) 89 Filed: 8/11/2009, Entered: None Motion for Summary Judgment
MOTION for Summary Judgment by Palladium Equity Partners, LLC, Palladium Equity Partners II, LP, Palladium Equity Partners II-A, LP, Palladium Equity Investors II, LP. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - PEP II, LP Amended & Restated Ltd Partnership Agreement, # 3 Exhibit 2 - PEP II-A, LP Amended & Restated Ltd Partnership Agreement, # 4 Document Continuation 2 - PEP II-A, LP Amended & Restated Ltd Partnership Agreement, # 5 Exhibit 3 - PEI II, LP Amended & Restated Ltd Partnership Agreement, # 6 Exhibit 4 - Reymond Dep Excerpts, # 7 Exhibit 5 - Excerpts of Rodriguez Dep for Partnerships, # 8 Exhibit 6 - Advisory Agreement btw PEP II and PEP LLC, # 9 Exhibit 7 - Advisory Agreement btw PEP II-A and PEP LLC, # 10 Exhibit 8 - Advisory Agreement btw PEI II and PEP LLC, # 11 Exhibit 9 - Cert of Ltd Partnership of PEP II, # 12 Exhibit 10 - Cert of Ltd Partnership of PEP II-A, # 13 Exhibit 11 - Cert of Ltd Partnership of PEI II, # 14 Exhibit 12 - Expert Rpt of Steven Adams, # 15 Exhibit 13 - Chart of Investors, # 16 Exhibit 14 - Excerpts of Rodriguez Dep, # 17 Exhibit 15 - Excerpts of Dargatz Dep, # 18 Exhibit 16 - Excerpts of Donaldson Dep for Union, # 19 Exhibit 17 - Intentionally Omitted Exh, # 20 Exhibit 18 - PEP II Wire Transfer, # 21 Exhibit 19 - PEI II Wire Transfer, # 22 Exhibit 20 - PEP II-A Wire Transfer, # 23 Exhibit 21 - Excerpts of Reymond Dep for Partnerships, # 24 Exhibit 22 - PEP II Tax Return, # 25 Exhibit 23 - PEP II-A Tax Return, # 26 Exhibit 24 - PEI II Tax Return, # 27 Exhibit 25 - Excerpts of Defs' Discovery Resps, # 28 Exhibit 26 - Excerpts of Plfs' Discovery Resps, # 29 Exhibit 27 - Shareholders & Registration Rights, # 30 Exhibit 21 - 12-19-01 Board Minutes, # 31 Exhibit 29 - Excerpts of Potts Dep, # 32 Exhibit 30 - Excerpts of Pawley Dep, # 33 Exhibit 31 - Ownership/Mgmt Options of Haden Int'l, # 34 Exhibit 32 - Notice/Topics of Dep of Union, # 35 Exhibit 33 - Excerpts of Wytrychowski Dep, # 36 Exhibit 34 - Excerpts of Dyer Dep, # 37 Exhibit 35 - Excerpts of Green Dep, # 38 Exhibit 36 - Excerpts of Assignment & Assumption Agreement btw PEP LLC & PCM LLC, # 39 Exhibit 37 - Excerpts of Rodriguez Dep, # 40 Exhibit 38 - Excerpts of Criso Dep, # 41 Exhibit 39 - Withdrawal Liability Checklist, # 42 Exhibit 40 - CBA, # 43 Exhibit 41 - Amended & Restated Agreement & Declaration of Trust, # 44 Exhibit 42 - HSC Subordinated Prom Note to PEP II, # 45 Exhibit 43 - HSC Subordinated Prom Note to PEP II-A, # 46 Exhibit 44 - HSC Subordinated Prom Note to PEI II, # 47 Exhibit A - Cagney & McCarthy Article, # 48 Exhibit B - Oringer Article, # 49 Exhibit C - Levin & Antinossi Article, # 50 Exhibit D - Luna v. Commissioner, # 51 Exhibit E - Cement Masons' v. McCarthy, # 52 Exhibit F - Trs of the Painters v. Interior/Exterior) (Tuyn, Richard) (Entered: 08/11/2009)
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Legal Document (Payment Possibly Required) 88 Filed: 8/11/2009, Entered: None Court Filing
ORDER Permitting Parties to File Briefs Not Exceeding Thirty Pages in Support of Their Motions for Summary Judgment. See image for deadlines. Signed by District Judge David M. Lawson. (SPin) (Entered: 08/11/2009)
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Legal Document (Payment Possibly Required) 87 Filed: 8/7/2009, Entered: None Court Filing
CORRECTE ORDER denying 73 MOTION for dissolution of the July 20, 2009 Order granting Plaintiffs' motion to enlarge time to file exhibits. re 71 Order on Motion to Seal, Order on Motion for Order MOTION for dissolution of the July 20, 2009 Order granting Plaintiffs' motion to enlarge time to file exhibits. re 71 Order on Motion to Seal, Order on Motion for Order filed by Palladium Equity Partners II-A, LP, Palladium Equity Partners II, LP, Palladium Equity Partners, LLC, Palladium Equity Investors II, LP, denying 52 Amended MOTION to Strike Plaintiffs' Amended, Corrected Motion to Strike Defendants' Second and Third Affirmative Defenses, Memorandum of Law, Certificate of Service, with attached Exhibit A [replacing Docket Nos. 50 and 51]Amended MOTION to Strike Plaintiffs' Amended, Corrected Motion to Strike Defendants' Second and Third Affirmative Defenses, Memorandum of Law, Certificate of Service, with attached Exhibit A [replacing Docket Nos. 50 and 51] filed by Sheet Metal Workers' National Pension Fund, Sheet Metal Workers Local 292 Pension Fund. Signed by District Judge David M. Lawson. (PPau) (Entered: 08/10/2009)
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Legal Document (Payment Possibly Required) 86 Filed: 8/7/2009, Entered: None Court Filing
STIPULATED ORDER to withdraw exhibit that contains information designated as confidential pursuant to the protective order. Signed by District Judge David M. Lawson. (NHol) (Entered: 08/07/2009)
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Legal Document (Payment Possibly Required) 85 Filed: 8/5/2009, Entered: None Court Filing
ORDER denying 52 Motion to Strike; Denying 73 Motion for Reconsideration and Modifying the Scheduling Order. Signed by District Judge David M. Lawson. (NHol) (Entered: 08/06/2009)
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Legal Document (Payment Possibly Required) 84 Filed: 8/5/2009, Entered: None
CERTIFICATE OF SERVICE by Sheet Metal Workers' National Pension Fund, Sheet Metal Workers Local 292 Pension Fund re 80 Declaration, 81 Declaration, (Patek, Barbara) (Entered: 08/05/2009)
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Legal Document (Payment Possibly Required) 83 Filed: 8/4/2009, Entered: None
MOTION to Strike Privileged and Sealed Documents from Plaintiffs' Motion for Summary Judgment by Palladium Equity Partners, LLC, Palladium Equity Partners II, LP, Palladium Equity Partners II-A, LP, Palladium Equity Investors II, LP. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Verified Complaint for Declaratory Relief, # 3 Exhibit B - Stipulated Protective Order, # 4 Exhibit C - June 26, 2009 letter, # 5 Exhibit D - July 13, 2009 e-mail, # 6 Exhibit E - July 14, 2009 e-mail) (Tuyn, Richard) (Entered: 08/04/2009)
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Legal Document (Payment Possibly Required) 82 Filed: 8/4/2009, Entered: None
REPLY to Response re 73 MOTION for dissolution of the July 20, 2009 Order granting Plaintiffs' motion to enlarge time to file exhibits. re 71 Order on Motion to Seal, Order on Motion for Order MOTION for dissolution of the July 20, 2009 Order granting Plaintiffs' motion to enlarge time to file exhibits. re 71 Order on Motion to Seal, Order on Motion for Order filed by Palladium Equity Partners, LLC, Palladium Equity Partners II, LP, Palladium Equity Partners II-A, LP, Palladium Equity Investors II, LP. (Attachments: # 1 Exhibit Affidavit of Meredith Nachman) (Tuyn, Richard) (Entered: 08/04/2009)
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Legal Document (Payment Possibly Required) 81 Filed: 8/3/2009, Entered: None
DECLARATION by (corrected to show attachments) Brian J. Petruska, Exhibit 1, Declaration of Barbara A. Patek, and attached Exhibits 1a-1f re 77 Reply to Response to Motion, 80 Declaration by Brian J. Petruska filed by Sheet Metal Workers' National Pension Fund, Sheet Metal Workers Local 292 Pension Fund (Patek, Barbara) (Entered: 08/03/2009)
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Legal Document (Payment Possibly Required) 80 Filed: 8/3/2009, Entered: None
DECLARATION by Brian J. Petruska re 77 Reply to Response to Motion, filed by Sheet Metal Workers' National Pension Fund, Sheet Metal Workers Local 292 Pension Fund (Patek, Barbara) (Entered: 08/03/2009)
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Legal Document (Payment Possibly Required) 79 Filed: 7/31/2009, Entered: None
RESPONSE to 73 MOTION for dissolution of the July 20, 2009 Order granting Plaintiffs' motion to enlarge time to file exhibits. re 71 Order on Motion to Seal, Order on Motion for Order MOTION for dissolution of the July 20, 2009 Order granting Plaintiffs' motion to enlarge time to file exhibits. re 71 Order on Motion to Seal, Order on Motion for Order Brief in Support of Response, and Certificate of Service filed by Sheet Metal Workers' National Pension Fund, Sheet Metal Workers Local 292 Pension Fund. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, Declaration of Barbara A. Patek, # 3 Exhibit B, Meredith Nachman Email 7-14-09, # 4 Exhibit C, SRZ Webpage) (Patek, Barbara) (Entered: 07/31/2009)
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Legal Document (Payment Possibly Required) 78 Filed: 7/31/2009, Entered: None
RESPONSE to 65 MOTION to Strike Expert Report of Steven M. Adams, Esq. filed by Palladium Equity Partners, LLC, Palladium Equity Partners II, LP, Palladium Equity Partners II-A, LP, Palladium Equity Investors II, LP. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Expert Report of Steven M. Adams, # 3 Exhibit 2 - Hochstein v. Microsoft Corp., # 4 Exhibit 3 - TCE Sys., Inc. v. Thomas & Betts Corp.) (Tuyn, Richard) (Entered: 07/31/2009)
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Legal Document (Payment Possibly Required) 77 Filed: 7/30/2009, Entered: None
REPLY to Response re 66 MOTION for Order on the Validity of Defendants' Claims of Privilege under Rule 26(b)(5)(B) MOTION for Order on the Validity of Defendants' Claims of Privilege under Rule 26(b)(5)(B) filed by Sheet Metal Workers' National Pension Fund, Sheet Metal Workers Local 292 Pension Fund. (Attachments: # 1 Exhibit Appendix: Bobbit v. Academy of Court Reporters) (Petruska, Brian) (Entered: 07/30/2009)
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Legal Document (Payment Possibly Required) 76 Filed: 7/29/2009, Entered: None
RESPONSE to 66 MOTION for Order on the Validity of Defendants' Claims of Privilege under Rule 26(b)(5)(B) MOTION for Order on the Validity of Defendants' Claims of Privilege under Rule 26(b)(5)(B) filed by Palladium Equity Partners, LLC, Palladium Equity Partners II, LP, Palladium Equity Partners II-A, LP, Palladium Equity Investors II, LP. (Attachments: # 1 Index of Exhibits - Unpublished Legal Authority, # 2 Exhibit A - Nilavar v. Mercy Health, # 3 Exhibit B - Senate Report, # 4 Exhibit C - 154 Cong. Rec. H71819, # 5 Exhibit D - Laethem Equip Co v Deere, # 6 Exhibit E - Grain v Trinity Health, # 7 Exhibit F - Rodriguez-Monguio v. Ohio State Univ, # 8 Exhibit G - Proposed New MI Rule of Prof Conduct, # 9 Exhibit H - MI Rules of Prof Conduct, # 10 Exhibit I - DC Rules of Prof Conduct, # 11 Exhibit J - Am. Coal Sale Co v Nova Scotia, # 12 Exhibit K - Alcon Mfg LTD v Apotex, # 13 Exhibit Gold Affidavit Part 1 of 4, # 14 Document Continuation Gold Affidavit Part 2 of 4, # 15 Document Continuation Gold Affidavit Part 3 of 4, # 16 Document Continuation Gold Affidavit Part 4 of 4) (Tuyn, Richard) (Entered: 07/30/2009)
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Legal Document (Payment Possibly Required) 75 Filed: 7/24/2009, Entered: None
AMENDED by Sheet Metal Workers' National Pension Fund, Sheet Metal Workers Local 292 Pension Fund Exhibit List and Exhibits (containing information designated by Defendants as confidential) 3,4,5,6,7,8,9,14,16, and 18 to Plaintiffs' Motion for Summary Judgment [Docket No. 64], as authorized by Court Order Enlarging Time to File [Docket No. 71] and Certificate of Service, (Attachments: # 1 Exhibit 3, Deposition of Marcos Rodriguez (please see added attachment, Exhibit #11), # 2 Exhibit Deposition Transcript of Kevin Reymond, # 3 Exhibit Deposition Transcript of Justin Green, # 4 Exhibit Deposition Transcript of Kenneth Dargatz, # 5 Exhibit Deposition Transcript of Bruce Potts, # 6 Exhibit 8, Deposition Transcript of Dennis Pawley, # 7 Exhibit 9, Deposition Testimony of John Criso, # 8 Exhibit 14, Fund II Annual Statement 2004, # 9 Exhibit 16, Audited Financial Reports, # 10 Exhibit 18, Securities Purchase Agreement) (Patek, Barbara) (Additional attachment(s) added on 10/16/2009 - REASON: Inadvertently removed image for 75-2, IMAGE REPLACED: # 11 Exhibit 3, Deposition of Marcos Rodriguez) (NHol). Modified on 10/16/2009 (NHol). (Entered: 07/24/2009)
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Legal Document (Payment Possibly Required) 74 Filed: 7/24/2009, Entered: None
ERRATA Sheet re: 64 MOTION for Summary Judgment filed by Sheet Metal Workers' National Pension Fund, Sheet Metal Workers Local 292 Pension Fund. by Sheet Metal Workers' National Pension Fund, Sheet Metal Workers Local 292 Pension Fund Certificate of Service, and (Attachments: # 1 Exhibit 2 (corrected, replaces misfiled Exhibit 2) Declaration of Charles Wytrychowski) (Patek, Barbara) (Entered: 07/24/2009)
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Legal Document (Payment Possibly Required) 73 Filed: 7/23/2009, Entered: None
MOTION for dissolution of the July 20, 2009 Order granting Plaintiffs' motion to enlarge time to file exhibits. re 71 Order on Motion to Seal, Order on Motion for Order by Palladium Equity Partners, LLC, Palladium Equity Partners II, LP, Palladium Equity Partners II-A, LP, Palladium Equity Investors II, LP. (Attachments: # 1 Exhibit A - Declaration of Richard M. Tuyn) (Tuyn, Richard) (Entered: 07/23/2009)
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Legal Document (Payment Possibly Required) 72 Filed: 7/21/2009, Entered: None Court Filing
NOTICE of hearing on 66 MOTION for Order on the Validity of Defendants' Claims of Privilege under Rule 26(b)(5)(B) MOTION for Order on the Validity of Defendants' Claims of Privilege under Rule 26(b)(5)(B). Motion Hearing set for 8/4/2009 at 02:30 PM before District Judge David M. Lawson. (Ware, L.) (Entered: 07/21/2009)
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Legal Document (Payment Possibly Required) 71 Filed: 7/20/2009, Entered: None Court Filing
ORDER denying 61 Motion to Seal; granting 62 Motion for Order to enlarge the time to file exhibits to their answer to the defendants' motion for summary judgment. Signed by District Judge David M. Lawson. (DeSa) (Entered: 07/21/2009)
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Legal Document (Payment Possibly Required) 70 Filed: 7/20/2009, Entered: None
EXHIBIT 12, Corrected, Redacted Limited Partnership Agreement for Palladium Equity Partners II-A, LP re 64 MOTION for Summary Judgment by Sheet Metal Workers' National Pension Fund, Sheet Metal Workers Local 292 Pension Fund (Attachments: # 1 Exhibit 21, Corrected, Redacted Defendants' Responses To Plaintiffs' Requests for Admission and First Set of Interrogatories) (Patek, Barbara) (Entered: 07/20/2009)
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Legal Document (Payment Possibly Required) 69 Filed: 7/20/2009, Entered: None
CERTIFICATE OF SERVICE by Sheet Metal Workers' National Pension Fund, Sheet Metal Workers Local 292 Pension Fund re 66 MOTION for Order on the Validity of Defendants' Claims of Privilege under Rule 26(b)(5)(B) MOTION for Order on the Validity of Defendants' Claims of Privilege under Rule 26(b)(5)(B), 67 Notice (Other), Notice (Other), 68 Sealed Exhibit, Amended, Corrected and Supplemental Certificate of Service (Patek, Barbara) (Entered: 07/20/2009)
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Sealed Legal Document 68 Filed: 7/15/2009, Entered: None
SEALED EXHIBIT Documents Produced by Defendants Subject to Potential Claims of Privilege re 67 Notice (Other), Notice (Other) by Sheet Metal Workers' National Pension Fund, Sheet Metal Workers Local 292 Pension Fund. (Attachments: # 1 Document Continuation, # 2 Document Continuation, # 3 Document Continuation, # 4 Document Continuation, # 5 Document Continuation, # 6 Document Continuation) (Petruska, Brian) (Entered: 07/15/2009)
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Sealed Legal Document 67 Filed: 7/15/2009, Entered: None
NOTICE by Sheet Metal Workers' National Pension Fund, Sheet Metal Workers Local 292 Pension Fund re 66 MOTION for Order on the Validity of Defendants' Claims of Privilege under Rule 26(b)(5)(B) MOTION for Order on the Validity of Defendants' Claims of Privilege under Rule 26(b)(5)(B) (Attachments: # 1 Exhibit A Log of Documents Filed Under Seal) (Petruska, Brian) (Entered: 07/15/2009)
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Legal Document (Payment Possibly Required) 66 Filed: 7/15/2009, Entered: None
MOTION for Order on the Validity of Defendants' Claims of Privilege under Rule 26(b)(5)(B) by Sheet Metal Workers' National Pension Fund, Sheet Metal Workers Local 292 Pension Fund. (Attachments: # 1 Exhibit a - Defendants' Counsel Letter 3/31/09, # 2 Exhibit B Defendants' Log of Privileged Documents Produced to Plaintiffs) (Petruska, Brian) (Entered: 07/15/2009)
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Legal Document (Payment Possibly Required) 65 Filed: 7/14/2009, Entered: None
MOTION to Strike Expert Report of Steven M. Adams, Esq. by Sheet Metal Workers' National Pension Fund, Sheet Metal Workers Local 292 Pension Fund. (Attachments: # 1 Exhibit A Expert Report of Steven M. Adams, Esq.) (Petruska, Brian) (Entered: 07/14/2009)
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Legal Document (Payment Possibly Required) 64 Filed: 7/14/2009, Entered: None Motion for Summary Judgment
MOTION for Summary Judgment by Sheet Metal Workers' National Pension Fund, Sheet Metal Workers Local 292 Pension Fund. (Attachments: # 1 Exhibit 1 Dyer Declaration, # 2 Exhibit 2 Wytrochowski Declaration, # 3 Exhibit 3 Confidential Document Subject to Ex Parte Motion: Rodriguez Deposition, # 4 Exhibit 4 Confidential Document Subject to Ex Parte Motion: Reymond Deposition, # 5 Exhibit 5 Confidential Document Subject to Ex Parte Motion: Green Deposition, # 6 Exhibit 6 Confidential Document Subject to Ex Parte Motion: Dargatz Deposition, # 7 Exhibit 7 Confidential Document Subject to Ex Parte Motion: Potts Deposition, # 8 Exhibit 8 Confidential Document Subject to Ex Parte Motion: Pawley Deposition, # 9 Exhibit 9 Confidential Document Subject to Ex Parte Motion: Criso Deposition, # 10 Exhibit 10 PEP II Limited Partnership Agreement, # 11 Exhibit 11 PEI II Limited Partnership Agreement, # 12 Exhibit 12 PEP II-A Limited Partnership Agreement [STRICKEN], # 13 Exhibit 13 Fund II Advisory Agreements, # 14 Exhibit 14 Confidential Document Subject to Ex Parte Motion: 2004 Fund II Annual Statement, # 15 Exhibit 15 Fund Investor Distribution [Redacted under Agreement between Counsel], # 16 Exhibit 16 Confidential Document Subject to Ex Parte Motion: PEI II and PEP II-A Audited Statements, # 17 Exhibit 17 7/13/01 Memo re: Haden Investment, # 18 Exhibit 18 Confidential Document Subject Ex Parte Motion: Securities Purchase Agreement, # 19 Exhibit 19 Shareholder and Registration of Rights Agreement, # 20 Exhibit 20 Shareholder Joinder Agreements, # 21 Exhibit Def Responses to Requests for Admission [Redacted Per Agreement between Counsel], # 22 Exhibit 22 205 Fund II Update [Redacted Per Agreement between Counsel], # 23 Exhibit 23 Amended and Restatement Loan Agreement, # 24 Exhibit 24 National Fund Notice of Liability, # 25 Exhibit 25 Local Fund Notice of Withdrawal, # 26 Exhibit 26 Local Fund Notice of Withdrawal to Haden Environmental, # 27 Exhibit 27 National Fund Notice of Overdue Payment, # 28 Exhibit 28 Local Fund Notice of Past Due Payment, # 29 Exhibit 29 Email from Wyeth to Criso and Green, # 30 Exhibit 30 Stanley Declaration, # 31 Exhibit 31 Criso Indemnity Agreement, # 32 Exhibit 32 Email re: Audit Disclosure, # 33 Exhibit 33 Email from Reymond to Marcus [submitted in camera]) (Petruska, Brian) Modified on 8/10/2009 (NHol). (Entered: 07/14/2009)
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Legal Document (Payment Possibly Required) 63 Filed: 7/14/2009, Entered: None Motion for Summary Judgment
MOTION for Summary Judgment by Palladium Equity Partners, LLC, Palladium Equity Partners II, LP, Palladium Equity Partners II-A, LP, Palladium Equity Investors II, LP. (Attachments: # 1 Index of Exhibits - Evidentiary Exhs, # 2 Index of Exhibits - Unpublished Legal Authority, # 3 Exhibit 1 - PEP II, LP, # 4 Exhibit 2 - PEP II-A, LP, # 5 Exhibit 3 - PEI ll, LP, # 6 Exhibit 4 - Excerpts from Reymond Dep, # 7 Exhibit 5 - Excerpts from PEP/Rodriguez Dep, # 8 Exhibit 6 - Advisory Agreement, # 9 Exhibit 7 - Advisory Agreement, # 10 Exhibit 8 - Advisory Agreement, # 11 Exhibit 9 - Certificate of Ltd P'ship PEP II, LP, # 12 Exhibit 10 - Certificate of Ltd P'ship of PEP II-A, LP, # 13 Exhibit 11 - Certificate of Ltd P'ship PEI II, LP, # 14 Exhibit 12 - Expert Rpt of Steven Adams, # 15 Exhibit 13 - Chart of Investors/Ltd Partners, # 16 Exhibit 14 - Excerpts from Rodriguez Dep, # 17 Exhibit 15 - Excerpts from Dargatz Dep, # 18 Exhibit 16 - Excerpts from SMW/Donaldson Dep, # 19 Exhibit 17 - Article: PEP Acquires Haden, # 20 Exhibit 18 - PEP II, LP Wire Trans, # 21 Exhibit 19 - PEI II, LP Wire Trans, # 22 Exhibit 20 - PEP II-A, LP Wire Trans, # 23 Exhibit 21 - Excerpts from PEP/Reymond Dep, # 24 Exhibit 22 - PEP II, LP 2001 Tax Returns, # 25 Exhibit 23 - PEP II-A, LP 2001 Tax Returns, # 26 Exhibit 24 - PEI II, LP 2001 Tax Returns, # 27 Exhibit 25 - Excerpts from Defs' Resps to Discovery, # 28 Exhibit 26 - Excerpts from Plfs' Resp to Discovery, # 29 Exhibit 27 - Shareholders & Reg Rights Agree, # 30 Exhibit 28 - Minutes of Brd Mtg, # 31 Exhibit 29 - Excerpts from Potts Dep, # 32 Exhibit 30 - Excerpts from Pawley Dep, # 33 Exhibit 31 - Ownership in Haden Int'l Grp, # 34 Exhibit 32 - Notice of SMW Dep, # 35 Exhibit 33 - Excerpts from Wytrychowski Dep, # 36 Exhibit 34 - Excerpts from Dyer Dep, # 37 Exhibit 35 - Excerpts from Green Dep, # 38 Exhibit 36 - Excerpts from Assignment & Assumption Agreement, # 39 Exhibit 37 - Aff of Rodriguez, # 40 Exhibit 38 - Excerpts from Criso Dep, # 41 Exhibit A - The Unthinkable: Pvt Equity Fund Article, # 42 Exhibit B - Investment Funds & ERISA Article, # 43 Exhibit C - PBGC Hold Pvt Equity Fund Liable Article, # 44 Exhibit D - Luna v. Comm'r, # 45 Exhibit E - Cement Masons v. McCarthy, # 46 Exhibit F - Trs. of the Painters Union v. Int./Ext. Spec.) (Tuyn, Richard) (Entered: 07/14/2009)
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Legal Document (Payment Possibly Required) 62 Filed: 7/14/2009, Entered: None
Ex Parte MOTION for Order Granting Enlargement of Time to File Documents pursuant to LR 7.1(f), 5.1.1(a) and 5.3(b) and Pursuant to December 15, 2008 Stipulated Protective Order and Brief in Support of Ex Parte Motion by Sheet Metal Workers' National Pension Fund, Sheet Metal Workers Local 292 Pension Fund. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A Chesterfield Exchange, LLC v. Sportsman's Warehouse, Inc., # 3 Exhibit B, Index of Exhibits Containing Cofidential Information, # 4 Exhibit C, Audi AG v. D'Amato) (Patek, Barbara) (Entered: 07/14/2009)
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Legal Document (Payment Possibly Required) 61 Filed: 7/14/2009, Entered: None
MOTION to Seal Exhibit to Defendants' Motion for Summary Judgment by Palladium Equity Partners, LLC, Palladium Equity Partners II, LP, Palladium Equity Partners II-A, LP, Palladium Equity Investors II, LP. (Attachments: # 1 Exhibit A - Chesterfield Exchange v Sportsman's Warehouse) (Tuyn, Richard) (Entered: 07/14/2009)
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Legal Document (Payment Possibly Required) 60 Filed: 7/10/2009, Entered: None Court Filing
ORDER granting the parties' respective motions for extension of the page limit. Signed by District Judge David M. Lawson. (Ware, L.) (Entered: 07/10/2009)
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Legal Document (Payment Possibly Required) 59 Filed: 7/9/2009, Entered: None
Ex Parte MOTION for Leave to File Brief in Excess of Twenty Pages, with Brief in Support and Certificate of Service by Sheet Metal Workers' National Pension Fund, Sheet Metal Workers Local 292 Pension Fund. (Patek, Barbara) (Entered: 07/09/2009)
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Legal Document (Payment Possibly Required) 58 Filed: 7/7/2009, Entered: None
MOTION for Leave to File Excess Pages by Palladium Equity Partners, LLC, Palladium Equity Partners II, LP, Palladium Equity Partners II-A, LP, Palladium Equity Investors II, LP. (Colby, Debra) (Entered: 07/07/2009)
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Legal Document (Payment Possibly Required) 57 Filed: 6/26/2009, Entered: None Court Filing
STIPULATED ORDER to Remove Document from an Exhibit to the April 24, 2009 Deposition of Bruce A Potts (Exhibit to Deposition not on Docket) Signed by District Judge David M. Lawson. (LHac) (Entered: 06/30/2009)
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Legal Document (Payment Possibly Required) 56 Filed: 6/9/2009, Entered: None
REPLY to Response re 52 Amended MOTION to Strike Plaintiffs' Amended, Corrected Motion to Strike Defendants' Second and Third Affirmative Defenses, Memorandum of Law, Certificate of Service, with attached Exhibit A [replacing Docket Nos. 50 and 51]Amended MOTION to Strike Plaintiffs' Amended, Corrected Motion to Strike Defendants' Second and Third Affirmative Defenses, Memorandum of Law, Certificate of Service, with attached Exhibit A [replacing Docket Nos. 50 and 51] Plaintiffs' Reply to Defendants' Opposition to Motion to Strike, with attached Certificate of Service filed by Sheet Metal Workers' National Pension Fund, Sheet Metal Workers Local 292 Pension Fund. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C) (Patek, Barbara) (Entered: 06/09/2009)
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Legal Document (Payment Possibly Required) 55 Filed: 5/29/2009, Entered: None
RESPONSE to 52 Amended MOTION to Strike Plaintiffs' Amended, Corrected Motion to Strike Defendants' Second and Third Affirmative Defenses, Memorandum of Law, Certificate of Service, with attached Exhibit A [replacing Docket Nos. 50 and 51]Amended MOTION to Strike Plaintiffs' Amended, Corrected Motion to Strike Defendants' Second and Third Affirmative Defenses, Memorandum of Law, Certificate of Service, with attached Exhibit A [replacing Docket Nos. 50 and 51] in Opposition filed by Palladium Equity Partners, LLC, Palladium Equity Partners II, LP, Palladium Equity Partners II-A, LP, Palladium Equity Investors II, LP. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Withdrawal Liability Checklist, # 3 Exhibit B - Cagney Article, # 4 Exhibit C - K&E Artlcle) (Tuyn, Richard) (Entered: 05/29/2009)
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Legal Document (Payment Possibly Required) 54 Filed: 5/18/2009, Entered: None Court Filing
NOTICE of hearing on 52 Amended MOTION to Strike Plaintiffs' Amended, Corrected Motion to Strike Defendants' Second and Third Affirmative Defenses, Memorandum of Law, Certificate of Service, with attached Exhibit A [replacing Docket Nos. 50 and 51]Amended MOTION to Strike Plaintiffs' Amended, Corrected Motion to Strike Defendants' Second and Third Affirmative Defenses, Memorandum of Law, Certificate of Service, with attached Exhibit A [replacing Docket Nos. 50 and 51]. Motion Hearing set for 8/4/2009 at 02:30 PM before District Judge David M. Lawson. (Ware, L.) (Entered: 05/18/2009)
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Legal Document (Payment Possibly Required) 53 Filed: 5/13/2009, Entered: None Court Filing
ORDER Denying the Plaintiffs' 50 Motion to Strike the Defendants' Second and Third Affirmative Defenses. Signed by District Judge David M. Lawson. (SPin) (Entered: 05/13/2009)
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Legal Document (Payment Possibly Required) 52 Filed: 5/12/2009, Entered: None
Amended MOTION to Strike Plaintiffs' Amended, Corrected Motion to Strike Defendants' Second and Third Affirmative Defenses, Memorandum of Law, Certificate of Service, with attached Exhibit A [replacing Docket Nos. 50 and 51] by Sheet Metal Workers' National Pension Fund, Sheet Metal Workers Local 292 Pension Fund. (Attachments: # 1 Exhibit A - Trustees of the Laborers' Local 310 Pension Fund v. Able Contracting Group, Inc. (unpublished opinion)) (Petruska, Brian) (Entered: 05/12/2009)
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Legal Document (Payment Possibly Required) 51 Filed: 5/11/2009, Entered: None
SUPPLEMENTAL BRIEF re 50 MOTION to Strike 49 Answer to Complaint Second & Third Affirmative Defenses as Insufficient Appendix A - Trustees v. Able Contracting Group filed by Sheet Metal Workers' National Pension Fund, Sheet Metal Workers Local 292 Pension Fund. (Petruska, Brian) (Entered: 05/11/2009)
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Legal Document (Payment Possibly Required) 50 Filed: 5/11/2009, Entered: None
MOTION to Strike 49 Answer to Complaint Second & Third Affirmative Defenses as Insufficient by Sheet Metal Workers' National Pension Fund, Sheet Metal Workers Local 292 Pension Fund. (Petruska, Brian) (Entered: 05/11/2009)
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Legal Document (Payment Possibly Required) 49 Filed: 4/30/2009, Entered: None
ANSWER to Complaint with Affirmative Defenses by Palladium Equity Partners, LLC, Palladium Equity Partners II, LP, Palladium Equity Partners II-A, LP, Palladium Equity Investors II, LP. (Tuyn, Richard) (Entered: 04/30/2009)
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Legal Document (Payment Possibly Required) 48 Filed: 4/27/2009, Entered: None Court Filing
ORDER Granting in part the Plaintiff's Motion to Amend the SCHEDULING ORDER to extend Discovery and other Deadlines:( Discovery due by 6/30/2009, Dispositive Motion Cut-off set for 7/14/2009, Final Pretrial Conference set for 10/14/2009 at 02:30 PM , Jury Trial set for 10/27/2009 at 08:30 AM before District Judge David M. Lawson) Signed by District Judge David M. Lawson. (Refer to image for additional dates) (Ware, L.) (Entered: 04/27/2009)
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Legal Document (Payment Possibly Required) 47 Filed: 4/27/2009, Entered: None Court Filing
ORDER Granting Defendants' 45 Motion for Order Permitting One Additional Day of Deposition Examination of Third-Party Witnesses. Signed by District Judge David M. Lawson. (SPin) (Entered: 04/27/2009)
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Legal Document (Payment Possibly Required) 46 Filed: 4/26/2009, Entered: None
NOTICE of Appearance by Brian J. Petruska - NOT SWORN on behalf of Sheet Metal Workers' National Pension Fund, Sheet Metal Workers Local 292 Pension Fund. (Petruska - NOT SWORN, Brian) (Entered: 04/26/2009)
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Legal Document (Payment Possibly Required) 45 Filed: 4/23/2009, Entered: None
MOTION for Order Permitting One Additional Day of Deposition Examination of Third Party Witnesses by Palladium Equity Partners, LLC, Palladium Equity Partners II, LP, Palladium Equity Partners II-A, LP, Palladium Equity Investors II, LP. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Letter to Plaintiffs' counsel from Defendants' counsel, # 3 Exhibit 2 - E-mails between the parties regarding time apportionment) (Tuyn, Richard) (Entered: 04/23/2009)
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Legal Document (Payment Possibly Required) 44 Filed: 4/13/2009, Entered: None Court Filing
NOTICE TO APPEAR: Status Conference set for 4/27/2009 10:00 AM before District Judge David M. Lawson (Ware, L.) (Entered: 04/13/2009)
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Legal Document (Payment Possibly Required) 43 Filed: 4/9/2009, Entered: None Court Filing
OPINION AND ORDER granting 35 Motion for Leave to File Amended Complaint and denying 22 Motion to Dismiss Counts I and II of the Amended Complaint. Signed by District Judge David M. Lawson. (LHac) (Entered: 04/10/2009)
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Legal Document (Payment Possibly Required) 42 Filed: 3/12/2009, Entered: None Motion to Amend/Correct
MOTION to Amend/Correct 41 Order,,, Scheduling Order,, Plaintiffs' Unopposed Motion to Amend Scheduling Order to Extend Discovery and Other Deadlines; Memorandum of Law in Support; Certificate of Service by Sheet Metal Workers' National Pension Fund, Sheet Metal Workers Local 292 Pension Fund. (Patek, Barbara) (Entered: 03/12/2009)
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Legal Document (Payment Possibly Required) 41 Filed: 2/9/2009, Entered: None Court Filing
STIPULATED ORDER Amending Case Management and Scheduling Order and Extending Certain Dates;( Discovery due by 4/30/2009, Dispositive Motion Cut-off set for 7/7/2009, Final Pretrial Conference set for 8/4/2009 at 2:00 PM , Jury Trial set for 8/18/2009 at 8:30 AM before District Judge David M. Lawson) - Signed by District Judge David M. Lawson. (Refer to image for additional dates) (FMos) (Entered: 02/09/2009)
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Blank 40 Filed: 12/15/2008, Entered: None Court Filing
STIPULATED Protective Order - Signed by District Judge David M. Lawson. (FMos) (Entered: 12/15/2008)
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Legal Document (Payment Possibly Required) 39 Filed: 11/10/2008, Entered: None
REPLY to Response re 35 MOTION for Leave to File Amended Complaint ; Certificate of Service filed by Sheet Metal Workers' National Pension Fund, Sheet Metal Workers Local 292 Pension Fund. (Attachments: # 1 Exhibit Index to Appendix, # 2 Exhibit Tab A to Appendix, # 3 Exhibit Tab B to Appendix, # 4 Exhibit Tab C to Appendix, # 5 Exhibit Tab D to Appendix, # 6 Exhibit Tab E to Appendix) (Patek, Barbara) (Entered: 11/10/2008)
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Legal Document (Payment Possibly Required) 38 Filed: 10/27/2008, Entered: None
RESPONSE to 35 MOTION for Leave to File Amended Complaint filed by Palladium Equity Partners, LLC, Palladium Equity Partners II, LP, Palladium Equity Partners II-A, LP, Palladium Equity Investors II, LP. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Cent. States, Se. & Sw. Areas Pension Fund v. Wolk, # 3 Exhibit B - Cent. States, Se. & Sw. Areas Pension Fund v. Quickie Transp. Co., # 4 Exhibit C - ELMA, Inc. v. Wolverine Auto Supply, Inc.) (Tuyn, Richard) (Entered: 10/27/2008)
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Legal Document (Payment Possibly Required) 37 Filed: 10/21/2008, Entered: None Court Filing
{INCORRECT DATE ON NOTICE - SHOULD REFLECT 12/2/08} of hearing on 35 MOTION for Leave to File Amended Complaint. Motion Hearing set for 12/2/2008 at 3:00 PM before District Judge David M Lawson. (FMos) Modified on 10/21/2008 (FMos). (Entered: 10/21/2008)
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Legal Document (Payment Possibly Required) 36 Filed: 10/20/2008, Entered: None Court Filing
ORDER Denying Plaintiffs' 34 Motion to Strike Defendants' Reply, or, In the Alternative, For Leave of the Court to File a Sur-Reply. Signed by District Judge David M. Lawson. (SPin) (Entered: 10/20/2008)
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Legal Document (Payment Possibly Required) 35 Filed: 10/10/2008, Entered: None
MOTION for Leave to File Amended Complaint by Sheet Metal Workers' National Pension Fund, Sheet Metal Workers Local 292 Pension Fund. (Attachments: # 1 Exhibit A- Amended Complaint) (Rifkind, Marc) (Entered: 10/10/2008)
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Legal Document (Payment Possibly Required) 34 Filed: 10/10/2008, Entered: None
MOTION to Strike 31 Reply to Response to Motion, or, in the Alternative, for Leave to File Sur-Reply and Memorandum in Support Thereof by Sheet Metal Workers' National Pension Fund, Sheet Metal Workers Local 292 Pension Fund. (Attachments: # 1 Appendix, # 2 Exhibit A- Sur-Reply Brief, # 3 Appendix to Sur-Reply Brief) (Rifkind, Marc) (Entered: 10/10/2008)
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Legal Document (Payment Possibly Required) 33 Filed: 10/2/2008, Entered: None Court Filing
CORRECTED ORDER Extending Time for the Defendant's Filing of a Reply in Support of their Motion to Dismiss. Signed by District Judge David M Lawson. (FMos) (Entered: 10/02/2008)
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Legal Document (Payment Possibly Required) 32 Filed: 10/1/2008, Entered: None Court Filing
ORDER Extending Time for Filing the Plaintiffs' Response to the Defendants' Motion to Dismiss. Signed by District Judge David M Lawson. (FMos) (Entered: 10/01/2008)
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Legal Document (Payment Possibly Required) 31 Filed: 9/26/2008, Entered: None
REPLY to Response re 22 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) filed by Palladium Equity Partners, LLC, Palladium Equity Partners II, LP, Palladium Equity Partners II-A, LP, Palladium Equity Investors II, LP. (Attachments: # 1 Exhibit A - Spreadsheets) (Tuyn, Richard) (Entered: 09/26/2008)
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Legal Document (Payment Possibly Required) 30 Filed: 9/26/2008, Entered: None
STIPULATION FOR EXTENSION OF TIME TO FILE REPLY BRIEF AND FOR CONSOLIDATION OF HEARINGS by Palladium Equity Partners, LLC, Palladium Equity Partners II, LP, Palladium Equity Partners II-A, LP, Palladium Equity Investors II, LP (Tuyn, Richard) (Entered: 09/26/2008)
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Legal Document (Payment Possibly Required) 29 Filed: 9/12/2008, Entered: None
RESPONSE to 22 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) filed by Sheet Metal Workers' National Pension Fund, Sheet Metal Workers Local 292 Pension Fund. (Attachments: # 1 Appendix A to Plaintiff's Response in Opposition to Defendant's Motion to Dismiss) (Rifkind, Marc) (Entered: 09/12/2008)
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Legal Document (Payment Possibly Required) 28 Filed: 9/12/2008, Entered: None Court Filing
STIPULATED Order for Extension of Time to Respond to Plaintiff's Objections - Signed by District Judge David M Lawson. (FMos) (Entered: 09/12/2008)
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Legal Document (Payment Possibly Required) 27 Filed: 9/8/2008, Entered: None
STIPULATION Re: Extension of Time for Filing Plaintiffs' Response to Defendants' Motion to Dismiss by Sheet Metal Workers' National Pension Fund, Sheet Metal Workers Local 292 Pension Fund (Attachments: # 1 Exhibit A-proposed Order) (Patek, Barbara) (Entered: 09/08/2008)
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Legal Document (Payment Possibly Required) 26 Filed: 9/2/2008, Entered: None
NOTICE of Appearance by Ronald E Richman on behalf of Palladium Equity Partners, LLC, Palladium Equity Partners II, LP, Palladium Equity Partners II-A, LP, Palladium Equity Investors II, LP. (Richman, Ronald) (Entered: 09/02/2008)
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Legal Document (Payment Possibly Required) 25 Filed: 8/28/2008, Entered: None Court Filing
NOTICE of hearing on 22 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6). Motion Hearing set for 11/10/2008 at 2:00 PM before District Judge David M Lawson. (FMos) (Entered: 08/28/2008)
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Legal Document (Payment Possibly Required) 24 Filed: 8/22/2008, Entered: None Court Filing
CASE MANAGEMENT AND SCHEDULING ORDER: Interim Status Conference set for 11/24/2008 at 3:00 PM, Discovery due by 2/27/2009, Dispositive Motion Cut-off set for 3/13/2009, Final Pretrial Conference set for 6/2/2009 at 2:00 PM, Jury Trial set for 6/16/2009 at 8:30 AM before District Judge David M Lawson - Signed by District Judge David M Lawson. (Refer to image for additional dates) (FMos) (Entered: 08/26/2008)
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Legal Document (Payment Possibly Required) 23 Filed: 8/22/2008, Entered: None
CERTIFICATE OF SERVICE by Sheet Metal Workers' National Pension Fund, Sheet Metal Workers Local 292 Pension Fund re service on DOL, PBGC, and Treasury (Swyers, Jeffrey) (Entered: 08/22/2008)
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Legal Document (Payment Possibly Required) 22 Filed: 8/15/2008, Entered: None Motion to Dismiss
MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) by Palladium Equity Partners, LLC, Palladium Equity Partners II, LP, Palladium Equity Partners II-A, LP, Palladium Equity Investors II, LP. (Tuyn, Richard) (Entered: 08/15/2008)
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Legal Document (Payment Possibly Required) 21 Filed: 8/15/2008, Entered: None
STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Palladium Equity Partners, LLC, Palladium Equity Partners II, LP, Palladium Equity Partners II-A, LP, Palladium Equity Investors II, LP (Tuyn, Richard) (Entered: 08/15/2008)
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Legal Document (Payment Possibly Required) 20 Filed: 8/15/2008, Entered: None
ANSWER to Complaint with Affirmative Defenses by Palladium Equity Partners, LLC, Palladium Equity Partners II, LP, Palladium Equity Partners II-A, LP, Palladium Equity Investors II, LP. (Tuyn, Richard) (Entered: 08/15/2008)
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Legal Document (Payment Possibly Required) 19 Filed: 8/15/2008, Entered: None
NOTICE of Appearance by Debra A. Colby on behalf of Palladium Equity Partners, LLC, Palladium Equity Partners II, LP, Palladium Equity Partners II-A, LP, Palladium Equity Investors II, LP. (Colby, Debra) (Entered: 08/15/2008)
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Legal Document (Payment Possibly Required) 18 Filed: 8/14/2008, Entered: None
NOTICE of Appearance by Richard M. Tuyn on behalf of Palladium Equity Partners, LLC, Palladium Equity Partners II, LP, Palladium Equity Partners II-A, LP, Palladium Equity Investors II, LP. (Tuyn, Richard) (Entered: 08/14/2008)
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Legal Document (Payment Possibly Required) 17 Filed: 8/12/2008, Entered: None
NOTICE by Sheet Metal Workers' National Pension Fund, Sheet Metal Workers Local 292 Pension Fund re 15 Notice (Other) Second Notice of Extension of Time for Defendants to Answer or Otherwise Respond to Complaint (Patek, Barbara) (Entered: 08/12/2008)
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Legal Document (Payment Possibly Required) 16 Filed: 7/14/2008, Entered: None Court Filing
NOTICE TO APPEAR: Scheduling Conference set for 8/21/2008 at 4:30 PM before District Judge David M Lawson (FMos) (Entered: 07/14/2008)
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Legal Document (Payment Possibly Required) 15 Filed: 7/8/2008, Entered: None
NOTICE by Sheet Metal Workers' National Pension Fund, Sheet Metal Workers Local 292 Pension Fund of Extension of Time for Defendants to Answer or Otherwise Respond to Complaint (Patek, Barbara) (Entered: 07/08/2008)
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Legal Document (Payment Possibly Required) 14 Filed: 6/30/2008, Entered: None
CERTIFICATE of Service/Summons Returned Executed. Palladium Equity Partners, LLC served on 6/26/2008, answer due 7/16/2008. (Patek, Barbara) (Entered: 06/30/2008)
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Legal Document (Payment Possibly Required) 13 Filed: 6/30/2008, Entered: None
CERTIFICATE of Service/Summons Returned Executed. Palladium Equity Partners II, LP served on 6/24/2008, answer due 7/14/2008. (Patek, Barbara) (Entered: 06/30/2008)
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Legal Document (Payment Possibly Required) 12 Filed: 6/30/2008, Entered: None
CERTIFICATE of Service/Summons Returned Executed. Palladium Equity Partners II-A, LP served on 6/24/2008, answer due 7/14/2008. (Patek, Barbara) (Entered: 06/30/2008)
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Legal Document (Payment Possibly Required) 11 Filed: 6/30/2008, Entered: None
CERTIFICATE of Service/Summons Returned Executed. Palladium Equity Investors II, LP served on 6/24/2008, answer due 7/14/2008. (Patek, Barbara) (Entered: 06/30/2008)
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Legal Document (Payment Possibly Required) 10 Filed: 6/18/2008, Entered: None
NOTICE of Appearance by Jeffrey S. Swyers on behalf of Sheet Metal Workers' National Pension Fund, Sheet Metal Workers Local 292 Pension Fund. (Swyers, Jeffrey) (Entered: 06/18/2008)
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Legal Document (Payment Possibly Required) 9 Filed: 6/18/2008, Entered: None
NOTICE of Appearance by Marc H. Rifkind on behalf of Sheet Metal Workers' National Pension Fund, Sheet Metal Workers Local 292 Pension Fund. (Rifkind, Marc) (Entered: 06/18/2008)
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Legal Document (Payment Possibly Required) 8 Filed: 6/18/2008, Entered: None
NOTICE of Correction re 3 Summons Issued. (SSch) (Entered: 06/18/2008)
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Legal Document (Payment Possibly Required) 7 Filed: 6/18/2008, Entered: None
SUMMONS Issued for *Palladium Equity Partners II-A, LP* (SSch) (Entered: 06/18/2008)
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Legal Document (Payment Possibly Required) 6 Filed: 6/18/2008, Entered: None
SUMMONS Issued for *Palladium Equity Partners, LLC* (SSch) (Entered: 06/18/2008)
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Legal Document (Payment Possibly Required) 5 Filed: 6/18/2008, Entered: None
SUMMONS Issued for *Palladium Equity Partners II, LP* (SSch) (Entered: 06/18/2008)
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Legal Document (Payment Possibly Required) 4 Filed: 6/18/2008, Entered: None
SUMMONS Issued for *Palladium Equity Investors II, LP* (SSch) (Entered: 06/18/2008)
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Legal Document (Payment Possibly Required) 3 Filed: 6/18/2008, Entered: None
SUMMONS Issued for *Sheet Metal Workers Local 292 Pension Fund* (SSch). [SUMMONS ISSUED IN ERROR] (Entered: 06/18/2008)
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Legal Document (Payment Possibly Required) 2 Filed: 6/18/2008, Entered: None
NOTICE of Appearance by Craig E. Zucker on behalf of Sheet Metal Workers' National Pension Fund, Sheet Metal Workers Local 292 Pension Fund. (Zucker, Craig) (Entered: 06/18/2008)
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Legal Document (Payment Possibly Required) 1 Filed: 6/18/2008, Entered: None
COMPLAINT filed by Sheet Metal Workers' National Pension Fund, Sheet Metal Workers Local 292 Pension Fund against all defendants. Plaintiff requests summons issued. Receipt No: 06450000000001577918 - Fee: $ 350. County Where Action Arose: Oakland County, MI - County of 1st Plaintiff: Out of State - County of 1st Defendant: Out of State. (Patek, Barbara) (Entered: 06/18/2008)
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