Duran v. Community First Bksh

Federal Civil Lawsuit Colorado District Court, Case No. 1:01-cv-01631-EWN-CBS
District Judge Edward W. Nottingham, presiding
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District Judge Edward W. Nottingham
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Summary

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Parties
No Logo Rueben E. Duran, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space A. Thomas Elliott, Jr. +1 303 322 5490 athomase@earthlink.net
v.
No Logo Community First Bankshares, Inc., Defendant

Represented by Lindquist & Vennum, PLLP

Name Phone Fax E-Mail
Space Patrick Donald Frye +1 303 573 5900 +1 303 573 1956 pfrye@lindquist.com
Space Ansis V Viksnins +1 612 371 3249 +1 612 371 3207 aviksnins@lindquist.com
Attributes
Office Denver
Filed 8/17/2001
Jury Demand Plaintiff
Demand $0
Nature of Suit 440 - Civil Rights: Other
Cause Section 15 U.S.C. § 1691 Equal Credit Opportunity Act
Jurisdiction Federal Question
Disposition Judgment - Motion Before Trial
County Las Animas
Terminated 3/27/2003
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case 03-1171[]
Def Custody Status
Flag TERMED
Timeline
  Entries (77) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank -- Filed: 7/29/2004, Entered: 7/30/2004 Appeal Record Returned
RECORD on appeal consisting of Volumes I-II; Supplemental Vols I-IV; re: appeal [59-1] returned from the Court of Appeals. (msn) Modified on 07/30/2004
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Blank 73 Filed: 4/22/2004, Entered: 4/23/2004 USCA Mandate
MANDATE from the Court of Appeals; CA # 03-1171; Dt issued 4/21/04; ORDER AND JUDGMENT filed 3/22/04 affirming the decision of the District Court on appeal [59-1] (msn)
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Blank 72 Filed: 3/9/2004, Entered: 3/9/2004 Appeal Record Sent to USCA
RECORD on Appeal consisting of Supplemental Volume IV transmitted to the Court of Appeals(appeal [59-1] ) (msn)
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Sealed Legal Document 71 Filed: 2/27/2004, Entered: 3/1/2004 USCA Order
Copy of ORDER from Court of Appeals [59-1]; the district court clerk is requested to supplement the record with document #41, exhibit "H" (sealed) to defendant's mtoion for summary jgm (msn)
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Blank 69 Filed: 2/25/2004, Entered: 2/25/2004 Appeal Record Sent to USCA
RECORD on Appeal consisting of Supplemental Volume III, original pleading, transmitted to the Court of Appeals(appeal [59-1] ) (msn)
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Blank 70 Filed: 2/23/2004, Entered: 2/25/2004 Letter re Appeal
LETTER (Re: [59-1]) from USCA directing this court to supplement the record with documents #40 & 51 (msn)
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Blank 68 Filed: 2/23/2004, Entered: 2/23/2004 Appeal Record Sent to USCA
RECORD on Appeal consisting of Supplemental Volume II; original pleadings; transmitted to the Court of Appeals (appeal [59-1] ) (msn)
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Blank 67 Filed: 2/18/2004, Entered: 2/18/2004 Appeal Record Sent to USCA
RECORD on Appeal consisting of Supplemental Volume I; original pleading; transmitted to the Court of Appeals(appeal [59-1] ) (msn)
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Blank 66 Filed: 2/18/2004, Entered: 2/18/2004 Letter re Appeal
LETTER (Re: [59-1]) from USCA requesting the record be supplemented with Defendant's Memorandum (Brief) in Support of Motion for Summary Judgment (msn)
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Blank 65 Filed: 12/1/2003, Entered: 12/1/2003 Appeal Record Sent to USCA
RECORD on Appeal consisting of Volumes I - II transmitted to the Court of Appeals; re: (appeal [59-1] ) (msn)
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Blank 64 Filed: 7/24/2003, Entered: 7/28/2003 Letter re Appeal
LETTER (Re: [59-1] ) from USCA advising attorney Elliott's motion to withdraw as counsel for appellant is granted and requesting USDC transmit a record. (msn)
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Blank 63 Filed: 7/24/2003, Entered: 7/28/2003 USCA Order
Copy of ORDER from Court of Appeals [59-1]; attorney Elliot's motion to withdraw as appellant's counsel is granted and the motion to extend time to file appellant's opening brief and appendix is granted as contained herein. (msn)
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Blank 62 Filed: 5/5/2003, Entered: 5/5/2003 Letter re Appeal
LETTER (Re: [59-1] ) to USCA and all counsel advising that the record is now complete...TOF filed states a transcript is not necessary for this appeal. (msn)
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Blank 61 Filed: 5/2/2003, Entered: 5/5/2003 Transcript Order Form
NOTICE OF TRANSCRIPT ORDER FORM filed by plaintiff/appellant; TOF filed states...a transcript is not necessary for this appeal. re: appeal [59-1] (msn)
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Blank 60 Filed: 4/23/2003, Entered: 4/25/2003 USCA Case Number
NOTIFICATION by Circuit Court of assignment of Case No. [59-1] 03-1171 (msn)
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Blank 59 Filed: 4/18/2003, Entered: 4/21/2003, Terminated: 7/24/2003 Notice of Appeal
NOTICE OF APPEAL by plaintiff re: order of 3/21/03 [54-1]; Notice of transcript order form due 4/28/03; Notice mailed to all counsel on 4/21/03 (msn)
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Blank -- Filed: 4/18/2003, Entered: 4/21/2003 USCA Appeal Fees
$100.00 fee and $5.00 fee paid. Receipt No 242874. re: appeal [59-1] (msn)
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Blank 58 Filed: 4/8/2003, Entered: 4/9/2003 Costs Taxed
Bill of COSTS taxed judgment [56-2] for defendant Community First Bksh in the amount of $ 1,930.80 against plaintiff Rueben E. Duran (cc: all counsel) (pap)
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Blank 57 Filed: 3/28/2003, Entered: 3/31/2003 Statement
STATEMENT required by LR 54.1 by defendant (pap)
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Blank 56 Filed: 3/27/2003, Entered: 3/27/2003 Judgment*Court Filing
Fianl JUDGMENT: by Deputy Clerk Edward P. Butler and approved by Judge Edward W. Nottingham pursuant [54-1] order dismissing case with prejudice ; dfts may have its costs upon filing a bill of costs within 11 days; judgment entered in favor of dfts and against pla (cc: all counsel) ; entry date : 3/27/03 (pap)
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Blank 55 Filed: 3/21/2003, Entered: 3/24/2003 Minutes-MiscellaneousCourt Filing
COURTROOM MINUTES by Judge Edward W. Nottingham granting motion for summary judgment [38-1]; case is dimissed with prejudice; dfts may have their costs ; entry date : 3/24/03 Court Reporter: Therese Lindblom (pap)
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Blank 54 Filed: 3/21/2003, Entered: 3/21/2003 OrderCourt Filing
Order and MEMORANDUM of Decision: by Judge Edward W. Nottingham granting motion for summary judgment [38-1], granting motion to file non-discloseable materials in support of sum jgm under seal [38-2]; case is dismissed with prejudice, dft may have its costs upon filing a proper bill of costs within 11 days (cc: all counsel) ; entry date : 3/21/03 (pap)
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Sealed Legal Document 53 Filed: 2/12/2003, Entered: 2/13/2003 OrderCourt Filing
MINUTE ORDER : by Judge Edward W. Nottingham setting hearing on motion for summary judgment [38-1] 10:00 3/21/03, granting motion to consider confidential document filed under seal [44-1] (cc: all counsel) ; entry date : 2/13/03 (pap)
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Blank 52 Filed: 6/25/2002, Entered: 6/26/2002 Reply to Response to Motion
REPLY memorandum by defendant in support of motion for summary judgment [38-1] (pap)
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Blank 51 Filed: 6/10/2002, Entered: 6/11/2002 Affidavit
AFFIDAVIT of A. Thomas Elliott, Jr in support of re: motion response [50-1] (pap)
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Blank 50 Filed: 6/10/2002, Entered: 6/11/2002 Response to Motion
RESPONSE by plaintiff to dft's motion for summary judgment [38-1] (pap)
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Blank 49 Filed: 6/4/2002, Entered: 6/5/2002 ~Notice (other)
Receipt for exhibits by plaintiff's attorney re: minute order [48-1] for seven deposition transcripts (pap)
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Blank 48 Filed: 5/31/2002, Entered: 6/3/2002 OrderCourt Filing
MINUTE ORDER : by Judge Edward W. Nottingham striking motion response [43-1], pla has 10 days to resubmit a response; denying as moot motion for extension of time to file pla's response to dft's motion for sum jgm up to and including 5/17/02 [42-1], denying as moot motion for 4 day enlargement of time for filing of reply brief or until 6/7/02 [47-1] (cc: all counsel) ; entry date : 6/3/02 (pap)
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Blank 47 Filed: 5/24/2002, Entered: 5/28/2002 Motion for Extension of Time
MOTION by defendant for 4 day enlargement of time for filing of reply brief or until 6/7/02 (pap)
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Blank 46 Filed: 5/17/2002, Entered: 5/20/2002 Response
RESPONSE by defendant to request for production of documents (pap)
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Blank 45 Filed: 5/17/2002, Entered: 5/20/2002 Affidavit
AFFIDAVIT of A. Thomas Elliott, Jr in support re: motion response [43-1] (pap)
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Sealed Legal Document 44 Filed: 5/17/2002, Entered: 5/20/2002 Motion to Seal
MOTION by plaintiff to consider confidential document filed under seal (pap)
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Blank 43 Filed: 5/17/2002, Entered: 5/20/2002, Terminated: 5/31/2002 Response to Motion
RESPONSE by plaintiff to dft's motion for summary judgment [38-1] (pap)
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Sealed Legal Document -- Filed: 5/17/2002, Entered: 5/20/2002 Miscellaneous Document
Tendered Exhibit " Commercial and Real Estate Loans Opened or renewed in Trinidad between 1-01-99 and 7-01-99" to pla's response to dft's motion for Summary Judgment submitted by plaintiff re: motion to consider confidential document filed under seal [44-1] (Document tendered under seal pending motion to seal, stored with seal documents) (pap)
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Blank 42 Filed: 5/9/2002, Entered: 5/10/2002 Motion for Extension of Time
MOTION by plaintiff for extension of time to file pla's response to dft's motion for sum jgm up to and including 5/17/02 (pap)
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Sealed Legal Document 41 Filed: 4/16/2002, Entered: 4/17/2002 Trial Exhibit
EXHIBIT H by defendant Community First Bksh in support of motion for summary judgment [38-1] (filed under seal pending approval of court, stored with sealed documents) (pap)
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Blank 40 Filed: 4/16/2002, Entered: 4/17/2002 Affidavit
AFFIDAVIT of Ansis V. Viksnins re: motion for summary judgment [38-1] (pap)
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Blank 39 Filed: 4/16/2002, Entered: 4/17/2002 Brief in Support of Motion
Memorandum (BRIEF) by defendant in support of motion for summary judgment [38-1] (pap)
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Blank 38 Filed: 4/16/2002, Entered: 4/17/2002, Terminated: 2/12/2003 Motion for Summary Judgment
MOTION by defendant for summary judgment , and to file non-discloseable materials in support of sum jgm under seal (pap)
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Blank 37 Filed: 4/12/2002, Entered: 4/15/2002 Protective OrderCourt Filing
Stipulation and PROTECTIVE ORDER by Magistrate Judge Craig B. Shaffer : regarding [36-1] order; governing all materials produced or testimony by a party that is identified by that party as non-discloseable (cc: all counsel) (pap)
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Blank 36 Filed: 4/12/2002, Entered: 4/15/2002 OrderCourt Filing
ORDER by Magistrate Judge Craig B. Shaffer entering the Stipulation and Protective Order submitted by the parties on 3/31/02. Further ordered that non discloseable materials may be filed with the Court only upon motion for good cause shown (cc: all counsel) ; entry date : 4/15/02 (pap)
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Blank 35 Filed: 4/2/2002, Entered: 4/3/2002 Minutes-MiscellaneousCourt Filing
COURTROOM MINUTES by Magistrate Judge Craig B. Shaffer Motions Hearing Held; finding the motion for protective order to prevent the occurrence of certain depositions [24-1] moot, granting as to Don Mengedoth, pla may take Mr Mengedoth's deposition not to exceed 2 hours; denying motion to strike pla's supplemental expert testimony disclosures [22-1], pla's Rule 26(a) reports due on or before 4/19/02, dft's rebuttal reports due on or before 5/10/02; granting motion (for order) to attend motions hearing set for 4/2/01 by telephone [32-1] ; entry date : 4/3/02 Court Reporter: Tape # CBS CV 2002-76 (pap)
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Blank 34 Filed: 4/1/2002, Entered: 4/2/2002 OrderCourt Filing
MINUTE ORDER : by Magistrate Judge Craig B. Shaffer granting motion (for order) to attend motions hearing set for 4/2/01 by telephone [32-1] (cc: all counsel) ; entry date : 4/2/02 (pap)
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Blank 33 Filed: 4/1/2002, Entered: 4/2/2002 MemorandumCourt Filing
MEMORANDUM by Judge Edward W. Nottingham referring to Magistrate Judge Craig B. Shaffer the motion (for order) to attend motions hearing set for 4/2/01 by telephone [32-1] (pap)
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Blank 32 Filed: 3/29/2002, Entered: 4/1/2002, Terminated: 4/1/2002 Motion for Order
MOTION by defendant (for order) to attend motions hearing set for 4/2/01 by telephone (pap)
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Blank 31 Filed: 3/25/2002, Entered: 3/26/2002 MemorandumCourt Filing
MEMORANDUM by Judge Edward W. Nottingham referring to Magistrate Judge Shaffer [29-1] motion response (pap)
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Blank 30 Filed: 3/25/2002, Entered: 3/25/2002 OrderCourt Filing
MINUTE ORDER : by Magistrate Judge Craig B. Shaffer setting hearing on motion for protective order to prevent the occurrence of certain depositions [24-1] 10:00 4/2/02, setting hearing on motion to strike pla's supplemental expert testimony disclosures [22-1] 10:00 4/2/02 (cc: all counsel) ; entry date : 3/25/02 (pap)
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Blank 29 Filed: 3/22/2002, Entered: 3/25/2002 Response to Motion
RESPONSE by plaintiff to dft's motion for protective order to prevent the occurrence of certain depositions [24-1] (pap)
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Blank 28 Filed: 3/19/2002, Entered: 3/20/2002 Response to Motion
RESPONSE by plaintiff to dft's motion to strike pla's supplemental expert testimony disclosures [22-1] (pap)
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Blank 27 Filed: 3/13/2002, Entered: 3/14/2002 OrderCourt Filing
MINUTE ORDER : by Magistrate Judge Craig B. Shaffer; pla has to and including 3/22/02 to file a response regarding [24-1] motion for protective order to prevent the occurrence of certain depositions (cc: all counsel) ; entry date : 3/14/02 (pap)
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Blank 26 Filed: 3/8/2002, Entered: 3/11/2002 OrderCourt Filing
MINUTE ORDER : by Magistrate Judge Craig B. Shaffer ; pla has to and including 3/19/02 to file his response regarding [22-1] motion to strike pla's supplemental expert testimony disclosures (cc: all counsel) ; entry date : 3/11/02 (pap)
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Blank 25 Filed: 3/8/2002, Entered: 3/11/2002 MemorandumCourt Filing
MEMORANDUM by Judge Edward W. Nottingham referring to Magistrate Judge Craig B. Shaffer the motion for protective order to prevent the occurrence of certain depositions [24-1] (pap)
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Blank 24 Filed: 3/6/2002, Entered: 3/7/2002, Terminated: 4/2/2002 Motion for Protective Order
MOTION by defendant for protective order to prevent the occurrence of certain depositions (pap)
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Blank 23 Filed: 3/4/2002, Entered: 3/5/2002 MemorandumCourt Filing
MEMORANDUM by Magistrate Judge Craig B. Shaffer referring to Magistrate Judge Craig B. Shaffer the motion to strike pla's supplemental expert testimony disclosures [22-1] (pap)
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Blank 22 Filed: 3/1/2002, Entered: 3/1/2002, Terminated: 4/2/2002 Motion to Strike
MOTION by defendant to strike pla's supplemental expert testimony disclosures (pap)
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Blank 21 Filed: 2/7/2002, Entered: 2/8/2002 OrderCourt Filing
ORDER by Magistrate Judge Craig B. Shaffer denying motion to extend time to make FRCP 26(a)(2) expert testimony disclosures for 30 days [18-1] (cc: all counsel) ; entry date : 2/8/02 (pap)
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Blank 20 Filed: 2/6/2002, Entered: 2/7/2002 MemorandumCourt Filing
MEMORANDUM by Judge Edward W. Nottingham referring to Magistrate Judge Craig B. Shaffer the motion to extend time to make FRCP 26(a)(2) expert testimony disclosures for 30 days [18-1] (pap)
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Blank 19 Filed: 2/4/2002, Entered: 2/5/2002 Pretrial OrderCourt Filing
PRE-TRIAL ORDER by Magistrate Judge Craig B. Shaffer; estimated 3-5 days Jury Trial (cc: all counsel) (pap)
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Blank 18 Filed: 2/4/2002, Entered: 2/5/2002, Terminated: 2/7/2002 Motion for Extension of Time
MOTION by plaintiff to extend time to make FRCP 26(a)(2) expert testimony disclosures for 30 days (pap)
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Blank 17 Filed: 1/24/2002, Entered: 1/25/2002 OrderCourt Filing
MINUTE ORDER : by Magistrate Judge Craig B. Shaffer regarding [16-2] minutes amd pto ddl 1/24/02 ; no taken deposition will be reopened; all discovery will be completed by the ddl (cc: all counsel) ; entry date : 1/25/02 (pap)
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Blank 16 Filed: 1/22/2002, Entered: 1/24/2002 Minutes-MiscellaneousCourt Filing
COURTROOM MINUTES by Magistrate Judge Craig B. Shaffer ; preliminary pretrial/status conf held 1/22/02 ; pto ddl set for 1/24/02 ; no deposition shall be re-opened; all discovery shall be completed by the ddl ; entry date : 1/24/02 Court Reporter: Tape CBS CV 2001-21 (pap)
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Blank 15 Filed: 1/17/2002, Entered: 1/22/2002 Motion for Extension of Time
MOTION by plaintiff for extension of time to file preliminary pretrial order to and including 1/21/02 (pap)
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Blank 14 Filed: 11/15/2001, Entered: 11/16/2001 Scheduling OrderCourt Filing
SCHEDULING ORDER Magistrate Judge Craig B. Shaffer (cc: all counsel) (pap)
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Blank 13 Filed: 11/14/2001, Entered: 11/16/2001 Minutes-MiscellaneousCourt Filing
COURTROOM MINUTES by Magistrate Judge Craig B. Shaffer ; scheduling planning/rule 16 conf held on 11/14/01 ; discovery ddl set 3/15/02 ; preliminary pretrial and settlement conf set for 10:00 1/22/02 ; confidential settlement statement due 1/16/02 ; entry date : 11/16/01 Court Reporter: CBS Civil Tape 2001-169 (pap)
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Blank 12 Filed: 11/5/2001, Entered: 11/6/2001 OrderCourt Filing
MINUTE ORDER : by Magistrate Judge Craig B. Shaffer granting dft's motion for (order allowing) dft's counsel Mr Viksnins to attend Scheduling/planning conf by telephone [9-1] (cc: all counsel) ; entry date : 11/6/01 (pap)
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Blank 11 Filed: 10/31/2001, Entered: 11/1/2001 Answer
ANSWER by defendant to complaint [1-1] (pap)
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Blank 10 Filed: 10/26/2001, Entered: 10/26/2001 MemorandumCourt Filing
MEMORANDUM by Judge Edward W. Nottingham referring to Magistrate Judge Craig B. Shaffer the motion for (order allowing) dft's counsel Mr Viksnins to attend Scheduling/planning conf by telephone [9-1] (pap)
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Blank 9 Filed: 10/25/2001, Entered: 10/26/2001, Terminated: 11/5/2001 Motion for Order
MOTION by defendant for (order allowing) dft's counsel Mr Viksnins to attend Scheduling/planning conf by telephone (pap)
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Blank 8 Filed: 10/22/2001, Entered: 10/23/2001 OrderCourt Filing
MINUTE ORDER : by Magistrate Judge Craig B. Shaffer granting motion to reschedule Rule 16 Scheduling/planning conf two weeks beyond 10/29/01 [6-1] ; rule 16 conference vacated and reset for 8:00 11/14/01 ; confidential settlement statements are due on or before 11/7/01 (cc: all counsel) ; entry date : 10/23/01 (pap)
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Blank 7 Filed: 10/19/2001, Entered: 10/22/2001 MemorandumCourt Filing
MEMORANDUM by Judge Edward W. Nottingham referring to Magistrate Judge Craig B. Shaffer the motion to reschedule Rule 16 Scheduling/planning conf two weeks beyond 10/29/01 [6-1] (pap)
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Blank 6 Filed: 10/19/2001, Entered: 10/22/2001, Terminated: 10/22/2001 Motion to Reset
MOTION by defendant to reschedule Rule 16 Scheduling/planning conf two weeks beyond 10/29/01 (pap)
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Blank 5 Filed: 10/18/2001, Entered: 10/19/2001 Notice of Entry of Appearance
ATTORNEY APPEARANCE for defendant by Patrick Donald Frye (pap)
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Blank 4 Filed: 9/4/2001, Entered: 9/6/2001 Rule 16 ConferenceCourt Filing
ORDER FOR RULE 16 CONFERENCE by Magistrate Judge Craig B. Shaffer ; Scheduling Planning/Rule 16 conference set for 10:00 10/29/01; proposed scheduling order and confidential settlement statement is due on or before 10/22/01 (cc: all counsel) (pap)
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Blank 3 Filed: 8/30/2001, Entered: 8/31/2001 MemorandumCourt Filing
MEMORANDUM by Judge Edward W. Nottingham to all plas re: Service and Initial Procedure (pap)
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Blank 2 Filed: 8/21/2001, Entered: 8/22/2001 Order Referring Case to Magistrate JudgeCourt Filing
ORDER R16,stat,stlmt,pt,pto Case referred to Magistrate Judge Craig B. Shaffer & General Case Management Order by Judge Edward W. Nottingham; disp motions ddl 4/17/02 (cc: to counsel) (pap)
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Blank 1 Filed: 8/17/2001, Entered: 8/20/2001 Complaint
COMPLAINT (Summons(es) issued); jury demand (former empl)
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Blank -- Filed: 8/17/2001, Entered: 8/20/2001 Filing Fee Received
FILING FEE PAID: on 8/17/01 in the amount of $ 150.00, receipt # 228144. (former empl)
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