Unishippers Global Logistics v. DHL Express

Federal Civil Lawsuit Utah District Court, Case No. 2:08-cv-00894
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Summary

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Parties
No Logo Unishippers Global Logistics, Plaintiff

Represented by Cvb Inc.

Name Phone Fax E-Mail
Space Preston P. Frischknecht +1 435 512 4893

Represented by Jones Waldo Holbrook & McDonough, PC

Name Phone Fax E-Mail
Space Lewis M. Francis +1 801 521 3200 lfrancis@joneswaldo.com
Space Timothy C. Houpt +1 801 521 3200 +1 801 328 0537 thoupt@joneswaldo.com
Space Mark D. Tolman +1 801 534 7232 mtolman@joneswaldo.com
Space Jessica P. Wilde +1 801 521 3200

Represented by SIDDOWAY LAW OFFICE PLLC

Name Phone Fax E-Mail
Space Billie J. Siddoway +1 208 354 0440

Represented by Stoel Rives, LLP

Name Phone Fax E-Mail
Space David J. Jordan +1 801 328 3131 +1 801 578 6999
No Logo DHL Express, Counter-Claimant
v.
No Logo DHL Express, Defendant

Represented by Dechert LLP

Name Phone Fax E-Mail
Space William Wayne Oxley +1 213 808 5700 william.oxley@dechert.com
Space Amy L. Rudd +1 512 394 3040 +1 512 394 3001
Space Christopher Steven Ruhland +1 213 808 5714 +1 213 808 5760 christopher.ruhland@dechert.com
Space Andrew S. Wong +1 213 808 5700
Space Edwin V Woodsome, Jr. +1 213 808 5700 +1 213 808 5760 ed.woodsome@dechert.com

Represented by Holland & Hart LLP

Name Phone Fax E-Mail
Space Blaine J. Benard +1 801 799 5800 bjbenard@hollandhart.com
Space George M. Haley +1 801 799 5880 gmhaley@hollandhart.com
Space Eric G. Maxfield +1 801 799 5800
Space J. Andrew Sjoblom +1 801 799 5800

Represented by Law Offices of D. Barclay Edmundson

Name Phone Fax E-Mail
Space D. Barclay Edmundson

Represented by Orrick Herrington & Sutcliffe LLP

Name Phone Fax E-Mail
Space Khai LeQuang +1 213 629 2020 +1 213 612 2499 klequang@orrick.com

Represented by PACIFICORP ENERGY

Name Phone Fax E-Mail
Space Sam Meziani +1 801 220 4565

Represented by VanCott Bagley Cornwall & McCarthy

Name Phone Fax E-Mail
Space John P. Ashton +1 801 532 3333 jashton@vancott.com
Space Chandler P. Thompson +1 801 237 0374 cthompson@vancott.com
No Logo Unishippers Global Logistics, Counter-Defendant
Other Parties
No Logo Consolidated Plaintiffs from 209cv221, Movant

Represented by Prince Yeates & Geldzahler

Name Phone Fax E-Mail
Space M. David Eckersley +1 801 524 1000

Represented by Schonekas, Evans, McGoey & McEachin, LLC

Name Phone Fax E-Mail
Space Katherine M. McCray +1 504 680 6050
Space Patrick S. McGoey +1 504 680 6050 patrick@semmlaw.com
Space Kyle D. Schonekas +1 504 680 6050 +1 504 680 6051 kyle@semmlaw.com
Space Andrea V. Timpa +1 504 680 6050 andrea@semmlaw.com
No Logo England Logistics Inc, Movant

Represented by RICHARDS BRANDT MILLER NELSON

Name Phone Fax E-Mail
Space Rafael A. Seminario +1 801 531 2000
Attributes
Citation Section 28 U.S.C. § 1332
Nature of Suit 190 - Contract: Other Contract Actions
Timeline
  Entries (69) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 133 Filed: 11/10/2009, Entered: None
Plaintiff's MEMORANDUM in Support re 132 Plaintiff's MOTION for Certificate of Appealability of Order dismissing Rescission Claim filed by Plaintiff Unishippers Global Logistics. (Francis, Lewis) (Entered: 11/10/2009)
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Legal Document (Payment Possibly Required) 132 Filed: 11/10/2009, Entered: None
Plaintiff's MOTION for Certificate of Appealability of Order dismissing Rescission Claim filed by Plaintiff Unishippers Global Logistics. (Francis, Lewis) (Entered: 11/10/2009)
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Legal Document (Payment Possibly Required) 131 Filed: 11/6/2009, Entered: None
ANSWER to Complaint (Answer to Consolidated Plaintiffs' First Amended Complaint) filed by DPWN Holdings (USA), DHL Express.(Benard, Blaine) (Entered: 11/06/2009)
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Legal Document (Payment Possibly Required) 130 Filed: 11/6/2009, Entered: None
AFFIDAVIT of Ian Clough in Support re 115 MOTION for Protective Order (Supplemental) filed by Defendant DHL Express. (Benard, Blaine) (Entered: 11/06/2009)
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Legal Document (Payment Possibly Required) 129 Filed: 11/6/2009, Entered: None
REPLY to Response to Motion re 115 MOTION for Protective Order filed by Defendant DHL Express. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Benard, Blaine) (Entered: 11/06/2009)
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Legal Document (Payment Possibly Required) 128 Filed: 11/4/2009, Entered: None Court Filing
ORDER granting 125 Motion for Extension of Time to respond to first amended complaint of consolidated plaintiffs. Answer due 11/5/2009. It is hereby ordered that Defendants have until Thursday, November 5, 2009, to respond to Consolidated Plaintiffs First Amended Complaint. Signed by Magistrate Judge Paul M. Warner on 11/03/2009. (kpf) (Entered: 11/04/2009)
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Legal Document (Payment Possibly Required) 127 Filed: 10/30/2009, Entered: None
Plaintiff's MEMORANDUM in Support re 126 Plaintiff's MOTION to Dismiss DHL's Counterclaims filed by Plaintiff Unishippers Global Logistics. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Francis, Lewis) (Entered: 10/30/2009)
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Legal Document (Payment Possibly Required) 126 Filed: 10/30/2009, Entered: None
Plaintiff's MOTION to Dismiss DHL's Counterclaims filed by Plaintiff Unishippers Global Logistics. (Francis, Lewis) (Entered: 10/30/2009)
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Legal Document (Payment Possibly Required) 125 Filed: 10/29/2009, Entered: None
Stipulated MOTION for Extension of Time to File Answer to Consolidated Plaintiffs' First Amended Complaint filed by Defendants DPWN Holdings (USA), DHL Express. (Attachments: # 1 Text of Proposed Order) Motions referred to Paul M. Warner.(Benard, Blaine) (Entered: 10/29/2009)
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Legal Document (Payment Possibly Required) 123 Filed: 10/26/2009, Entered: None
NOTICE FROM THE COURT : Due to the large number of consolidated plaintiffs that were added to this case from member case 2:09cv00221BSJ, a new party name has been created. For future reference, when a document is to be filed on behalf of the "Consolidated Plaintiffs" from case 2:09cv00221, please choose the party named "Consolidated Plaintiffs from 209cv221". (ce) (Entered: 10/26/2009)
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Legal Document (Payment Possibly Required) 122 Filed: 10/23/2009, Entered: None
DECLARATION of Dan Lockwood re 121 Memorandum in Opposition to Motion, for Protective Order Against Ian Clough Deposition filed by Unishippers Global Logistics. (Attachments: # 1 Exhibit A)(Francis, Lewis) (Entered: 10/23/2009)
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Legal Document (Payment Possibly Required) 121 Filed: 10/23/2009, Entered: None
Plaintiff's MEMORANDUM in Opposition re 115 MOTION for Protective Order Against Ian Clough Deposition filed by Plaintiff Unishippers Global Logistics. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Francis, Lewis) (Entered: 10/23/2009)
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Legal Document (Payment Possibly Required) 120 Filed: 10/14/2009, Entered: None Court Filing
ORDER CONSOLIDATING 2:09CV00221BSJ, Gulf Coast Shippers Ltd Partnership, et al v. DHL Express, et al with this action. Signed by Judge Bruce S. Jenkins on 10/14/2009. (ce) (Entered: 10/15/2009)
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Legal Document (Payment Possibly Required) 118 Filed: 10/9/2009, Entered: None
Defendant's COUNTERCLAIM against Unishippers Global Logistics, filed by DHL Express. (Attachments: # 1 Exhibit 1) (Benard, Blaine) (Entered: 10/09/2009)
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Legal Document (Payment Possibly Required) 117 Filed: 10/9/2009, Entered: None
DECLARATION of Ian Clough re 115 MOTION for Protective Order, 116 Memorandum in Support of Motion for Protective Order filed by DHL Express. (Benard, Blaine) (Entered: 10/09/2009)
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Legal Document (Payment Possibly Required) 116 Filed: 10/8/2009, Entered: None
MEMORANDUM in Support re 115 MOTION for Protective Order filed by Defendant DHL Express. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Benard, Blaine) (Entered: 10/08/2009)
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Legal Document (Payment Possibly Required) 115 Filed: 10/8/2009, Entered: None
MOTION for Protective Order filed by Defendant DHL Express. (Attachments: # 1 Text of Proposed Order) Motions referred to Paul M. Warner.(Benard, Blaine) (Entered: 10/08/2009)
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Legal Document (Payment Possibly Required) 114 Filed: 9/29/2009, Entered: None Court Filing
SECOND AMENDED SCHEDULING ORDER: Dispositive Motions due by: 5/15/2010; Amended Pleadings due by 10/9/2009; Fact Discovery due by 1/15/2010; Expert Discovery due by 4/30/2010; Final Pretrial Conference set for 10/25/2010 02:30 AM in Room 220 before Judge Dale A. Kimball. 10 day Jury Trial set for 11/8/2010 08:30 AM in Room 220 before Judge Dale A. Kimball. Signed by Magistrate Judge Paul M. Warner on 09/29/2009. (kpf) (Entered: 09/29/2009)
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Legal Document (Payment Possibly Required) 113 Filed: 9/28/2009, Entered: None Court Filing
AMENDED SCHEDULING ORDER: The March 4, 2009 Scheduling Order in this case is amended as follows: Amended Pleadings due by 10/9/2009; Fact discovery by 1/15/2010; Expert discovery due by 4/30/2010; Motions due by 5/15/2010; Final Pretrial Conference set for 10/25/2010 02:30 PM in Room 220 before Judge Dale A. Kimball; 10 DAY Jury Trial set for 10/8/2010 08:30 AM in Room 220 before Judge Dale A. Kimball. Signed by Judge Dale A. Kimball on 09/28/2009. (kpf) (Entered: 09/28/2009)
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Legal Document (Payment Possibly Required) 112 Filed: 9/28/2009, Entered: None
Modification of Docket: Error: Document no. 111 was not linked to any document.Correction: Linked document to correct docket document. re 111 Response (NOT to motion). (kpf) (Entered: 09/28/2009)
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Legal Document (Payment Possibly Required) 111 Filed: 9/11/2009, Entered: None
Plaintiff's RESPONSE /REPLY to DHL's Response Re Notice of Filing filed by Plaintiff Unishippers Global Logistics. (Francis, Lewis) Document was not linked to 109 Modified on 9/28/2009 kpf. (Entered: 09/11/2009)
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Legal Document (Payment Possibly Required) 110 Filed: 9/10/2009, Entered: None Court Filing
DOCKET TEXT ORDER taking under advisement 106 Motion to Amend/Correct Scheduling Order. Plaintiff's motion seeks to move the dispositive motion deadline without moving the trial date. Defendant has not filed a responsive pleading, and the time for doing so has passed. As noted in the court's scheduling policies "generally, five months must be allowed between the dispositive motion deadline and the trial date to allow the motion to be filed, briefed, set, argued and decided before trial preparation begins." Thus, the motion to amend the scheduling order is taken under advisement until September 24, 2009. If Plaintiff files a revised proposed scheduling order before that date reflecting no opposition to the trial date being moved to allow for the five month time period, the motion to amend the scheduling order shall be granted. If such proposed order is not submitted, the motion to amend the scheduling order will be denied. Signed by Magistrate Judge Paul M. Warner on 9/10/2009. No attached document. (srs) (Entered: 09/10/2009)
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Legal Document (Payment Possibly Required) 109 Filed: 9/8/2009, Entered: None
RESPONSE re 108 Notice of Filing, filed by Defendant DHL Express. (Benard, Blaine) (Entered: 09/08/2009)
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Legal Document (Payment Possibly Required) 108 Filed: 9/3/2009, Entered: None
NOTICE OF FILING of Re: Defendant's Pending Motion to Dismiss (Doc. #86) re 93 Memorandum in Opposition to Motion filed by Plaintiff Unishippers Global Logistics. (Attachments: # 1 attached Memorandum Decision)(Francis, Lewis) (Entered: 09/03/2009)
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Legal Document (Payment Possibly Required) 107 Filed: 8/10/2009, Entered: None
Plaintiff's MEMORANDUM in Support re 106 Plaintiff's MOTION to Amend/Correct 73 Scheduling Order, filed by Plaintiff Unishippers Global Logistics. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Francis, Lewis) (Entered: 08/10/2009)
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Legal Document (Payment Possibly Required) 106 Filed: 8/10/2009, Entered: None
Plaintiff's MOTION to Amend/Correct 73 Scheduling Order, filed by Plaintiff Unishippers Global Logistics. (Attachments: # 1 Text of Proposed Order) Motions referred to Paul M. Warner.(Francis, Lewis) (Entered: 08/10/2009)
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Legal Document (Payment Possibly Required) 105 Filed: 7/21/2009, Entered: None Court Filing
Minute Entry for proceedings held before Judge Dale A. Kimball: Motion Hearing held on 7/21/2009 re 86 MOTION to Dismiss filed by DHL Express. After hearing the arguments of counsel, the Court took the motion under advisement. Attorney for Plaintiff: Lewis Francis, Preston Frischknecht. Attorney for Defendant: Christopher Ruhland, Blaine Benard. Court Reporter: Becky Janke. (kmj) (Entered: 07/21/2009)
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Legal Document (Payment Possibly Required) 104 Filed: 7/17/2009, Entered: None
REPLY to Response to Motion re 96 Plaintiff's MOTION to Compel Production of Documents and Interrogatory Responses, Strike Improper Objections & Award Attorney's Fees and in Response to July 6, 2009 opposition memo, #100 filed by Plaintiff Unishippers Global Logistics. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Francis, Lewis) (Entered: 07/17/2009)
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Legal Document (Payment Possibly Required) 103 Filed: 7/6/2009, Entered: None
AFFIDAVIT of Alvin Rees in Opposition re 96 Plaintiff's MOTION to Compel Production of Documents and Interrogatory Responses, Strike Improper Objections & Award Attorney's Fees filed by Defendant DHL Express. (Benard, Blaine) (Entered: 07/06/2009)
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Legal Document (Payment Possibly Required) 102 Filed: 7/6/2009, Entered: None
AFFIDAVIT of Damon Goduto in Opposition re 96 Plaintiff's MOTION to Compel Production of Documents and Interrogatory Responses, Strike Improper Objections & Award Attorney's Fees filed by Defendant DHL Express. (Benard, Blaine) (Entered: 07/06/2009)
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Legal Document (Payment Possibly Required) 101 Filed: 7/6/2009, Entered: None
AFFIDAVIT of Khai LeQuang in Opposition re 96 Plaintiff's MOTION to Compel Production of Documents and Interrogatory Responses, Strike Improper Objections & Award Attorney's Fees filed by Defendant DHL Express. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(Benard, Blaine) (Entered: 07/06/2009)
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Legal Document (Payment Possibly Required) 100 Filed: 7/6/2009, Entered: None
MEMORANDUM in Opposition re 96 Plaintiff's MOTION to Compel Production of Documents and Interrogatory Responses, Strike Improper Objections & Award Attorney's Fees filed by Defendant DHL Express. (Benard, Blaine) (Entered: 07/06/2009)
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Legal Document (Payment Possibly Required) 99 Filed: 7/1/2009, Entered: None Court Filing
ORDER denying 84 Motion to Consolidate Cases. (see order for details) Signed by Judge Dale A. Kimball on 7/1/09. (las) (Entered: 07/01/2009)
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Legal Document (Payment Possibly Required) 98 Filed: 6/22/2009, Entered: None Court Filing
ORDER REFERRING CASE to Magistrate Judge Paul M. Warner under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. Motions referred to Paul M. Warner. Signed by Judge Dale A. Kimball on 6/22/09. (awm) (Entered: 06/22/2009)
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Legal Document (Payment Possibly Required) 97 Filed: 6/18/2009, Entered: None
Plaintiff's MEMORANDUM in Support re 96 Plaintiff's MOTION to Compel Production of Documents and Interrogatory Responses, Strike Improper Objections & Award Attorney's Fees filed by Plaintiff Unishippers Global Logistics. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10)(Francis, Lewis) (Entered: 06/18/2009)
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Legal Document (Payment Possibly Required) 96 Filed: 6/18/2009, Entered: None
Plaintiff's MOTION to Compel Production of Documents and Interrogatory Responses, Strike Improper Objections & Award Attorney's Fees filed by Plaintiff Unishippers Global Logistics. (Francis, Lewis) (Entered: 06/18/2009)
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Legal Document (Payment Possibly Required) 95 Filed: 6/5/2009, Entered: None
REPLY to Response to Motion re 86 MOTION to Dismiss filed by Defendant DHL Express. (Benard, Blaine) (Entered: 06/05/2009)
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Legal Document (Payment Possibly Required) 94 Filed: 6/3/2009, Entered: None Court Filing
NOTICE OF HEARING ON MOTION re: 86 MOTION to Dismiss : (Notice generated by Kim Jones) Motion Hearing set for 7/21/2009 03:00 PM in Room 220 before Judge Dale A. Kimball. (kmj) (Entered: 06/03/2009)
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Legal Document (Payment Possibly Required) 93 Filed: 5/18/2009, Entered: None
Plaintiff's MEMORANDUM in Opposition re 86 MOTION to Dismiss filed by Plaintiff Unishippers Global Logistics. (Attachments: # 1 Exhibit A - Transcript of Proceedings)(Frischknecht, Preston) (Entered: 05/18/2009)
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Legal Document (Payment Possibly Required) 92 Filed: 5/13/2009, Entered: None
REPLY to Response to Motion re 84 MOTION to Consolidate Cases filed by Movant Consolidated Plaintiffs. (Eckersley, M.) (Entered: 05/13/2009)
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Legal Document (Payment Possibly Required) 91 Filed: 5/8/2009, Entered: None
RESPONSE to Motion re 84 MOTION to Consolidate Cases filed by Plaintiff Unishippers Global Logistics. (Attachments: # 1 Exhibit 1-A, # 2 Exhibit 2)(Francis, Lewis) (Entered: 05/08/2009)
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Legal Document (Payment Possibly Required) 90 Filed: 5/5/2009, Entered: None Court Filing
ORDER granting 89 Motion for Extension of Time to File Response/Reply re 84 MOTION to Consolidate Cases. Responses due by 5/8/2009. Signed by Judge Dale A. Kimball on 5/5/09. (jwt) (Entered: 05/05/2009)
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Legal Document (Payment Possibly Required) 89 Filed: 5/1/2009, Entered: None
Stipulated MOTION for Extension of Time to File Response/Reply as to 84 MOTION to Consolidate Cases filed by Plaintiff Unishippers Global Logistics. (Attachments: # 1 Text of Proposed Order)(Francis, Lewis) (Entered: 05/01/2009)
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Legal Document (Payment Possibly Required) 88 Filed: 5/1/2009, Entered: None
MEMORANDUM in Opposition re 84 MOTION to Consolidate Cases filed by Defendant DHL Express. (Benard, Blaine) (Entered: 05/01/2009)
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Legal Document (Payment Possibly Required) 87 Filed: 4/13/2009, Entered: None
MEMORANDUM in Support re 86 MOTION to Dismiss filed by Defendant DHL Express. (Benard, Blaine) (Entered: 04/13/2009)
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Legal Document (Payment Possibly Required) 86 Filed: 4/13/2009, Entered: None
MOTION to Dismiss filed by Defendant DHL Express. (Benard, Blaine) (Entered: 04/13/2009)
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Legal Document (Payment Possibly Required) 85 Filed: 4/13/2009, Entered: None
MEMORANDUM in Support re 84 MOTION to Consolidate Cases filed by Movant Consolidated Plaintiffs. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Eckersley, M.) (Entered: 04/13/2009)
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Legal Document (Payment Possibly Required) 84 Filed: 4/13/2009, Entered: None
MOTION to Consolidate Cases filed by Movant Consolidated Plaintiffs. (Eckersley, M.) (Entered: 04/13/2009)
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Blank 498 Filed: 12/22/2011, Entered: None Court Filing
MEMORANDUM DECISION AND ORDER granting in part and denying in part 454 Motion for Attorney Fees; granting in part and denying in part 485 Motion for Review of Taxable Costs; denying 466 Motion for Judgment as a Matter of Law ; denying 468 Motion for New Trial; granting 471 Motion to Stay. Signed by Judge Dale A. Kimball on 12/21/11 (alt)
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Blank 164 Filed: 2/23/2010, Entered: 2/23/2010 Court Filing
MEMORANDUM DECISION and ORDER denying 132 Motion for Certificate of Appealability. It is hereby ordered that Unishippers Motion for Rule Certification of Order Dismissing Rescission Claim is DENIED. Signed by Judge Dale A. Kimball on 02/23/2010. (kpf)
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Blank 152 Filed: 1/13/2010, Entered: 1/13/2010 Court Filing
MEMORANDUM DECISION and ORDERdenying 115 Motion for Protective Order. Unishippers also seeks its attorney fees and costs associated with defending this motion. However, because DHL's motion was substantially justified, the court has determined that each party shall bear its own costs and attorney fees. Signed by Magistrate Judge Paul M. Warner on 1/12/2010. (kpf)
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Blank 124 Filed: 10/27/2009, Entered: 10/27/2009 Court Filing
MEMORANDUM DECISION and ORDER granting 86 Motion to Dismiss. It is hereby ordered that DHL Express (USA), Inc.'s Motion to Dismiss is Granted. Unishippers Second Cause of Action (recession) is DISMISSED. Signed by Judge Dale A. Kimball on 10/26/2009. (kpf)
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Blank 119 Filed: 10/12/2009, Entered: 10/12/2009 Court Filing
ORDER granting in part and denying in part 96 Motion to Compel. See order for details. Signed by Magistrate Judge Paul M. Warner on 10/12/2009. (srs)
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