Some selected documents for this case are included below.
| Date Filed | # | Document Text |
|---|
| January 10, 2006 | 1 | COMPLAINT against Phillip Russ Smith ( Filing fee $ 250 receipt number 413756.) Service due by 5/10/2006, filed by BidZirk LLC, Daniel G Schmidt, III, Jill Patterson.(awil) |
| January 10, 2006 | 3 | Local Rule 26.01 Answers to Interrogatories with Jury Demand by BidZirk LLC, Daniel G Schmidt, III, Jill Patterson.(awil) |
| January 24, 2006 | 4 | Summons Issued as to Phillip Russ Smith. (kmca) |
| January 31, 2006 | 5 | SUMMONS Returned Executed by BidZirk LLC, Daniel G Schmidt, III, Jill Patterson. Phillip Russ Smith served on 1/25/2006, answer due 2/14/2006. (Attachments: # 1)(Elwell, Kevin) |
| February 13, 2006 | 6 | MOTION for Preliminary Injunction by BidZirk LLC, Daniel G Schmidt, III, Jill Patterson. Response to Motion due by 3/3/2006 (Attachments: # 1 Memo in Support # 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4# 6 Exhibit 5# 7 Exhibit 6# 8 Exhibit 7# 9 Exhibit 8# 10 Exhibit 9# 11 Exhibit 10# 12 Exhibit 11# 13 Exhibit 12# 14 Exhibit 13# 15 Exhibit 14# 16 Exhibit 15# 17 Exhibit 16# 18 Exhibit 17# 19 Exhibit 18# 20 Exhibit 19# 21 Exhibit 20# 22 Exhibit 21# 23 Exhibit 22# 24 Exhibit 23# 25 Exhibit 24# 26 Exhibit 25# 27 Exhibit 26# 28 Exhibit 27# 29 Exhibit 28# 30 Exhibit 29# 31 Exhibit 30# 32 Exhibit 31# 33 Exhibit 32# 34 Exhibit 33# 35 Exhibit 34# 36 Exhibit 35# 37 Exhibit 36# 38 Exhibit 37# 39 Exhibit 38# 40 Exhibit 39# 41 Exhibit 40# 42 Exhibit 41)No proposed order(Elwell, Kevin) Modified on 2/14/2006 to edit repeated words (awil). |
| February 13, 2006 | 7 | MOTION for Hearing re 6 MOTION for Preliminary Injunction MOTION FOR EXPEDITED HEARING AND RESPONSE BY DEFENDANT by BidZirk LLC, Daniel G Schmidt, III, Jill Patterson. Response to Motion due by 3/3/2006 No proposed order(Elwell, Kevin) |
| February 15, 2006 | 8 | MOTION for Default Judgment as to Defendant Philip Russ Smith by BidZirk LLC, Daniel G Schmidt, III, Jill Patterson. Response to Motion due by 3/6/2006 Proposed order is being emailed to chambers with copy to opposing counsel(Elwell, Kevin) |
| February 15, 2006 | 9 | Amended MOTION for Default Judgment as to Defendant Philip Russ Smith by BidZirk LLC, Daniel G Schmidt, III, Jill Patterson. Response to Motion due by 3/6/2006 Proposed order is being emailed to chambers with copy to opposing counsel(Elwell, Kevin) |
| February 28, 2006 | 14 | Deficiency Memo #13 Motion filed 2/27/06 Wrong event used. Any response due is based on the filing date of the original document. Docket Correction due 3/1/2006. (awil) |
| February 27, 2006 | 15 |  ORDER REFERRING CASE to Magistrate Judge William M Catoe. Signed by Judge Henry M Herlong Jr on 2/27/06. (awil) |
| February 28, 2006 | 16 | ORDER advising defendant to notify Clerk in writing of any change of address, and attaching privacy notice. Signed by Judge William M Catoe on 2/28/06. (ladd, ) |
| February 27, 2006 | 17 | NOTICE of Request for Protection from Court Appearance by Kevin Morgan Elwell March 6-9, March 13-15 (Elwell, Kevin) Modified on 3/6/2006 (jtho, )changed filing date from 2/28/06 to 2/27/06. |
| March 2, 2006 | 19 | ANSWER to Complaint by Phillip Russ Smith.(jtho, ) |
| March 3, 2006 | 20 | SCHEDULING ORDER. Rule 26(f) Conference Deadline 3/23/2006. 26(a) Initial Disclosures due by 4/6/2006. Rule 26 Report due by 4/6/2006. Amended Pleadings due by 5/17/2006. Plaintiffs' ID of Expert Witness due by 6/16/2006. Defendant's ID of Expert Witnesses Due by 7/17/2006. Records Custodian Affidavits due by 7/17/2006. Discovery due by 8/7/2006. Motions due by 8/16/2006. Rule 26(a)(3) Disclosures due by 10/6/2006. Pretrial Briefs due by 10/31/2006. Jury Selection Deadline 11/7/2006. Signed by Judge William M Catoe on 3/3/06. (ladd, ) |
| March 21, 2006 | 23 | REPORT AND RECOMMENDATION recommending 6 MOTION for Preliminary Injunction filed by Daniel G Schmidt, III, BidZirk LLC, and Jill Patterson be denied. Objections to R&R due by 4/7/2006. Signed by Judge William M Catoe on 3/21/06. (ladd, ) |
| March 29, 2006 | 26 | Deficiency Memo regarding entry 25 Rule 26(f) Report: See attached Deficiency Memo. Any response due is based on the filing date of the original document. Docket Correction due 3/30/2006. (jtho, ) |
| April 4, 2006 | 27 | Local Rule 26.03 Answers to Interrogatories by BidZirk LLC, Daniel G Schmidt, III, Jill Patterson.(Elwell, Kevin) |
| March 28, 2006 | 28 | Rule 26(f) Report by BidZirk LLC, Daniel G Schmidt, III, Jill Patterson.(Elwell, Kevin) Modified on 4/4/2006 (jtho, )changed filing date from 4/4/06 to 3/28/06. |
| April 4, 2006 | 29 | OBJECTION to 23 Report and Recommendations by all plaintiffs. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3)(Elwell, Kevin) |
| April 6, 2006 | 30 | PRO SE MOTION for Extension of Time to Complete Discovery (Rule 26 Disclosures) by Phillip J Smith. Response to Motion due by 4/24/2006 No proposed order(sjam, ) |
| April 10, 2006 | 32 | ORDER ADOPTING REPORT AND RECOMMENDATIONS . Plaintiffs' motion for a preliminary injunction, docket number 6, is denied. Signed by Judge Henry M Herlong Jr on 4/10/06. (pbog) |
| April 21, 2006 | 33 | MOTION for Judgment on the Pleadings by Daniel G Schmidt, III, Jill Patterson. Response to Motion due by 5/9/2006 No proposed order(Elwell, Kevin) |
| April 21, 2006 | 34 | ROSEBORO ORDER directing clerk to forward summary judgment explanation to the opposing party and directing that party to respond in 34 days. Response due to 33 MOTION for Judgment on the Pleadings by 5/25/2006. Signed by Judge William M Catoe on 4/21/06. (jtho, ) |
| April 21, 2006 | 35 | NOTICE OF APPEAL re 32 Order Adopting Report and Recommendations - Filing fee $ 455, receipt number 549105. The Docketing Statement form, Transcript Order form and CJA 24 form may be obtained from the Fourth Circuit website at www.ca4.uscourts.gov (Elwell, Kevin) |
| April 24, 2006 | 36 | Transmittal Sheet for Notice of Appeal to USCA re 35 Notice of Appeal, The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (jtho, ) |
| April 25, 2006 | 37 | Mail Returned as Undeliverable. Addressee: Phillip J. Smith. Document Returned: 32 Order Adopting Report and Recommendations. (jtho, ) |
| April 26, 2006 | 38 | Rule 26(f)Report and 26(a)(1) responses by Phillip J Smith.(jtho, ) |
| April 26, 2006 | 39 | COUNTERCLAIM against Kevin Elwell, BidZirk LLC, Daniel G Schmidt, III, filed by Phillip J Smith.(jtho, ) |
| May 17, 2006 | 41 | MOTION to Dismiss for Lack of Jurisdiction by BidZirk LLC, Daniel G Schmidt, III, Jill Patterson. Response to Motion due by 6/5/2006 No proposed order(Elwell, Kevin) |
| May 17, 2006 | 42 | ROSEBORO ORDER directing clerk to forward summary judgment explanation to the opposing party and directing that party to respond in 34 days. Response due to 41 MOTION to Dismiss for Lack of Jurisdiction by 6/20/2006. Signed by Judge William M Catoe on 5/17/06. (jtho, ) |
| May 17, 2006 | 43 | SUPPLEMENT by Phillip J Smith to 39 Counterclaim. (jtho, ) |
| May 17, 2006 | 44 | MOTION to Dismiss by Phillip J Smith. Response to Motion due by 6/5/2006 (Attachments: # 1 Statement by defendant)No proposed order(jtho, ) |
| June 5, 2006 | 45 | MOTION to Amend/Correct 1 Complaint by BidZirk LLC, Daniel G Schmidt, III, Jill Patterson. Response to Motion due by 6/23/2006 (Attachments: # 1 Exhibit # 2 Exhibit)No proposed order(Elwell, Kevin) |
| June 5, 2006 | 46 | Second MOTION for Judgment on the Pleadings by BidZirk LLC, Daniel G Schmidt, III, Jill Patterson. Response to Motion due by 6/23/2006 No proposed order(Elwell, Kevin) |
| June 6, 2006 | 47 | ROSEBORO ORDER directing clerk to forward summary judgment explanation to the opposing party and directing that party to respond in 34 days. Response due to 46 Second MOTION for Judgment on the Pleadings by 7/10/2006. Signed by Judge William M Catoe on 6/6/06. (jtho, ) |
| June 12, 2006 | 48 | Mail Returned as Undeliverable. Addressee: Phillip J. Smith. Document Returned: 47 Roseboro Order. Document remailed to 600 Cleveland Street, Apt 5C, Greenville, SC 29601. (jtho, ) |
| June 13, 2006 | 49 | MOTION to Strike 44 MOTION to Dismiss by BidZirk LLC, Daniel G Schmidt, III, Jill Patterson. Response to Motion due by 7/3/2006 No proposed order(Elwell, Kevin) |
| June 14, 2006 | 50 | Amended MOTION to Strike 44 MOTION to Dismiss by BidZirk LLC, Daniel G Schmidt, III, Jill Patterson. Response to Motion due by 7/3/2006 No proposed order(Elwell, Kevin) |
| June 21, 2006 | 51 | REPLY by Phillip J Smith to 47 Roseboro Order. (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# 11 Exhibit 11# 12 Exhibit 12)(pbri, ) |
| June 21, 2006 | 52 | AFFIDAVIT in Support of Philip Smith. (pbri, ) |
| June 21, 2006 | 53 | AFFIDAVIT in Support of Phillip Smith. (pbri, ) |
| June 21, 2006 | 54 | AFFIDAVIT in Support of Phillip Smith. (pbri, ) |
| June 28, 2006 | 55 | Amended MOTION to Amend/Correct 45 MOTION to Amend/Correct 1 Complaint by BidZirk LLC, Daniel G Schmidt, III, Jill Patterson. Response to Motion due by 7/17/2006 (Attachments: # 1 Exhibit # 2 Exhibit)No proposed order(Elwell, Kevin) |
| July 6, 2006 | 56 | REPLY to all amended motions and proceedings filed by Plaintiff attorney (Elwell)by Phillip J Smith. (jtho, ) |
| July 6, 2006 | 57 | MOTION for Hearing by Phillip J Smith. Response to Motion due by 7/24/2006 No proposed order(jtho, ) |
| July 28, 2006 | 62 | MOTION to Amend/Correct 20 Scheduling Order,, Motion to Revise Scheduling Order by BidZirk LLC, Daniel G Schmidt, III, Jill Patterson. Response to Motion due by 8/15/2006 No proposed order(Elwell, Kevin) |
| October 17, 2006 | 63 | REPORT AND RECOMMENDATION recommending 41 MOTION to Dismiss for Lack of Jurisdiction filed by BidZirk LLC, Daniel G Schmidt, III, Jill Patterson, and 46 Second MOTION for Judgment on the Pleadings filed by BidZirk LLC, Daniel G Schmidt, III, Jill Patterson be granted. Objections to R&R due by 11/3/2006. Signed by Judge William M Catoe on 10/17/06. (ladd, ) Additional attachment(s) added on 10/17/2006 (jtho, ). Modified on 10/17/2006 (jtho, )added Objection Notice. |
| October 23, 2006 | 64 | NOTICE to Take Deposition of Philip J. Smith by BidZirk LLC.(Elwell, Kevin) |
| October 24, 2006 | 65 | NOTICE to Take Deposition of Philip J. Smith by BidZirk LLC.(Elwell, Kevin) |
| October 26, 2006 | 66 | MOTION to Strike; MOTION for "abuse of discovery"/"abuse of deposition"; to refile with attorney; MOTION for Extension of Time to File Response/Reply to Report and Recommendation; MOTION for Extension of Time for Case and Trial; MOTION for Status Hearing by Phillip J Smith.Response to Motion due by 11/16/2006 No proposed orderMotions referred to William M Catoe.(jtho, ) |
| November 3, 2006 | 67 | MOTION to Compel Attendance at Deposition and for Sanctions by BidZirk LLC.Response to Motion due by 11/24/2006 (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6)No proposed orderMotions referred to William M Catoe.(Elwell, Kevin) |
| November 7, 2006 | 68 | ORDER ADOPTING REPORT AND RECOMMENDATIONS. Plaintiffs' motions to dismiss Defendant's counterclaims for lack of jurisdiction (document number 41) and for judgment on the pleadings (document number 46) are granted. The parties' remaining motions related to the appeal will be held in abeyance pending the United States Court of Appeals for the Fourth Circuit's ruling on the Plaintiffs' appeal.Signed by Judge Henry M Herlong Jr on 11/07/06. (pbog) |
| December 12, 2006 | 70 | ORDER granting 67 Motion to Compel and denying 67 Motion for Sanctions. Signed by Judge William M Catoe on 12/12/06.(ladd, ) |
| December 12, 2006 | 71 | AMENDED ORDER granting 67 MOTION to Compel and denying 67 Motion for Sanctions. Signed by Judge William M Catoe on 12/12/06. (ladd, ) |
| January 15, 2007 | 72 | MOTION for Summary Judgment by BidZirk LLC, Daniel G Schmidt, III, Jill Patterson.Response to Motion due by 2/2/2007 (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit)No proposed orderMotions referred to William M Catoe.(Elwell, Kevin) Additional attachment(s) added on 1/16/2007 (jtho, ). Modified on 1/16/2007 (jtho, )add memo in support which was entry 73. |
| January 16, 2007 | 73 | ROSEBORO ORDER directing clerk to forward summary judgment explanation to the opposing party and directing that party to respond in 34 days. Response due to 72 MOTION for Summary Judgment by 2/22/2007. Signed by Judge William M Catoe on 1/16/07. (jtho, ) |
| January 29, 2007 | 74 | ORDER AND REPORT AND RECOMMENDATION recommending 33 MOTION for Judgment on the Pleadings be denied; recommending 44 MOTION to Dismiss be denied; finding moot 45 MOTION to Amend 1 Complaint; denying 50 Amended MOTION to Strike; granting 55 Amended MOTION to Amend; denying 57 MOTION for Hearing; and granting 62 MOTION to Amend 20 Scheduling Order. Objections to R&R due by 2/16/2007. Signed by Judge William M Catoe on 1/29/07. (ladd, ) Additional attachment(s) added on 1/29/2007 (jtho, ). Modified on 1/29/2007 (jtho, )added objection notice. |
| February 9, 2007 | 75 | OBJECTION to 74 Report and Recommendations by BidZirk LLC, Daniel G Schmidt, III, Jill Patterson. (Elwell, Kevin) |
| February 23, 2007 | 77 | ORDER ADOPTING REPORT AND RECOMMENDATIONS. Plaintiffs' motion for judgment on the pleadings, docket number 33, is denied. Defendant's motion to dismiss, docket number 44, is denied.Signed by Judge Henry M Herlong Jr on 2/23/07. (pbog) |
| March 6, 2007 | 78 | USCA OPINION for 35 Notice of Appeal, filed by BidZirk LLC. (Attachments: # (1) Judgment)(awil) |
| March 30, 2007 | 79 | USCA MANDATE and JUDGMENT affirming the judgment of the district court as to 35 Notice of Appeal, filed by BidZirk LLC. (Attachments: # 1 Judgment)(awil) |
| April 2, 2007 | 81 | ORDER giving the defendant through 4/26/07 to respond to 72 MOTION for Summary Judgment filed by BidZirk LLC, Daniel G Schmidt, III, Jill Patterson. Signed by Judge William M Catoe on 4/2/07. (ladd, ) |
| April 18, 2007 | 84 | RESPONSE in Opposition re 72 MOTION for Summary Judgment. Response filed by Phillip J Smith.Reply to Response to Motion due by 4/30/2007 (jtho, ) |
| April 30, 2007 | 86 | REPLY to Response to Motion re 72 MOTION for Summary Judgment Response filed by BidZirk LLC, Daniel G Schmidt, III, Jill Patterson. (Elwell, Kevin) |
| May 7, 2007 | 89 | ORDER granting 66 Motion to Strike and ordering plaintiffs to withdraw lis pendens; denying 66 Motion for abuse of discovery. Signed by Judge William M Catoe on 5/7/07.(ladd, ) |
| May 8, 2007 | 91 | Deficiency Memo regarding entry 90 Motion Submission of Proposed Scheduling Order: See attached Deficiency Memo. Any response due is based on the filing date of the original document. Docket Correction due 5/9/2007. (jtho, ) |
| May 8, 2007 | 92 | REPORT AND RECOMMENDATION recommending 72 MOTION for Summary Judgment filed by BidZirk LLC, Daniel G Schmidt, III, Jill Patterson be denied. Objections to R&R due by 5/29/2007. Signed by Judge William M Catoe on 5/8/07. (Attachments: #(1) Objection notice)(ladd, ) |
| May 7, 2007 | 93 | MOTION to Amend/Correct 20 Scheduling Order,, by BidZirk LLC, Daniel G Schmidt, III, Jill Patterson.Response to Motion due by 5/25/2007.Proposed order is being emailed to chambers with copy to opposing counselMotions referred to William M Catoe.(Elwell, Kevin) Modified on 5/9/2007 (jtho, )changed filing date from 5/9/07 to 5/7/07; changed response date from 5/29/07 to 5/25/07; proposed order deleted. |
| May 11, 2007 | 95 | RESPONSE in Opposition re 93 MOTION to Amend/Correct 20 Scheduling Order filed by Phillip J Smith.Reply to Response to Motion due by 5/21/2007 (Attachments: # 1 Information from defendant's website# 2 Information from BidZirk website)(jtho, ) |
| May 11, 2007 | 96 | MOTION to Dismiss, MOTION for Extension of Time, MOTION for Sanctions, MOTION for Judgment for slander of title, plea acceptance by Phillip J Smith.Response to Motion due by 6/1/2007 (Attachments: # 1 Information from defendant's website# 2 Information from BidZirk's website)No proposed orderMotions referred to William M Catoe.(jtho, ) |
| May 21, 2007 | 98 | ORDER granting in part and denying in part 93 Motion to Amend Scheduling Order; denying 96 Motion for Extension of Time; denying 96 Motion for Sanctions; denying 96 Motion to Amend Answer; and REPORT AND RECOMMENDATION recommending 96 Motion to Dismiss be denied. Signed by Judge William M Catoe on 5/21/07.(ladd, ) Additional attachment(s) added on 5/21/2007 (jtho, ). Modified on 5/21/2007 (jtho, )added Objection Notice. |
| May 21, 2007 | 99 | AMENDED SCHEDULING ORDER. Discovery motions due by 6/15/2007, Dispositive motions due by 7/13/2007, Pretrial order to be submitted by 9/21/2007, Pretrial conference will be held week of 10/1/07, Motions in limine due by 10/22/2007, Pretrial briefs due by 10/29/2007, Jury selection deadline 11/6/2007. Signed by Judge William M Catoe on 5/21/07. (ladd, ) |
| May 30, 2007 | 101 | ORDER RULING ON REPORT AND RECOMMENDATIONS. Plaintiffs motion for summary judgment (Document Number 72)is denied. Signed by Judge Henry M Herlong Jr on 5/30/07. (pbog) |
| June 4, 2007 | 104 | MOTION to Compel by BidZirk LLC, Daniel G Schmidt, III, Jill Patterson.Response to Motion due by 6/22/2007 (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit # 7 Exhibit # 8 Exhibit # 9 Exhibit # 10 Exhibit # 11 Exhibit # 12 Exhibit # 13 Exhibit)No proposed orderMotions referred to William M Catoe.(Elwell, Kevin) |
| June 15, 2007 | 108 | ORDER adopting Report and Recommendation 98 denying 96 Motion to Dismiss, judgment for slander of title, and plea acceptance. Signed by Judge Henry M Herlong Jr on 6/15/07.(jtho, ) |
| August 9, 2007 | 112 | ORDER granting in part and denying in part 104 Motion to Compel. Signed by Judge William M Catoe on 8/9/07.(ladd, ) |
| August 29, 2007 | 114 | MOTION for Extension of Time re 112 Order on Motion to Compel ; motion for hearing by Phillip J Smith.Response to Motion due by 9/17/2007 No proposed orderMotions referred to William M Catoe.(jtho, ) |
| August 29, 2007 | 115 | RESPONSE in Opposition re 114 MOTION for Extension of TimeMOTION for hearing Response filed by BidZirk LLC, Daniel G Schmidt, III, Jill Patterson.Reply to Response to Motion due by 9/10/2007 (Elwell, Kevin) |
| August 30, 2007 | 117 | ORDER granting 114 Motion for Extension of Time and giving defendant through 9/10/07 to respond as directed; denying 114 Motion for Hearing. Signed by Judge William M Catoe on 8/30/07.(ladd, ) |
| September 10, 2007 | 119 | REPLY by Phillip J Smith to 117 Order on Motion for Extension of Time, Order on Motion for Hearing. (Attachments: # 1 Affidavit of defendant# 2 macnn.com article# 3 order #112, filed 8/9/07, page 2 of 3)(jtho, ) |
| September 26, 2007 | 128 | PRO SE Supplement to MOTION for Summary Judgment and MOTION for Sanctions by Phillip J Smith.Response to Motion due by 10/15/2007 (Attachments: # 1 Exhibit Letter of Jack Campbell# 2 Exhibit Letters and Map# 3 Exhibit Appeal Brief# 4 Exhibit Mail Receipt# 5 Exhibit Letter to Judge Catoe# 6 Exhibit Articles and Inventory)No proposed order(awil, ) |
| September 27, 2007 | 130 | Brief regarding sanctions by BidZirk LLC, Daniel G Schmidt, III, Jill Patterson. (Attachments: # 1 Exhibit notice of lis pendens# 2 Exhibit letter brief# 3 Exhibit release of lis pendens# 4 Exhibit Greenville County property record)(Elwell, Kevin) Modified on 10/3/2007 to edit text per chambers (awil). |
| October 15, 2007 | 132 | RESPONSE in Opposition re 124 MOTION for Summary Judgment Response filed by BidZirk LLC, Daniel G Schmidt, III, Jill Patterson.Reply to Response to Motion due by 10/25/2007 (Attachments: # 1 Exhibit PETA v. Doughney# 2 Exhibit www.fixyourthinking.com excerpt# 3 Exhibit Affidavit of Daniel G. Schmidt, III# 4 Exhibit Pinehurst v. Wick# 5 Exhibit Supplement to Appellant's Informal Brief# 6 Exhibit Affidavit of Jill Patterson# 7 Exhibit Defendant Memorandum for Summary Judgement# Exhibit Deposition of Philip Smith, Vol. 1# 9 Exhibit Affidavit of Karen Belanger# 10 Exhibit Affidavit of Jack Marks# Exhibit Deposition of Philip Smith, Vol. 2# 12 Exhibit Gilbert v. Sykes# 13 Exhibit Ford Motor Co. v. 2600 Enters.)(Elwell, Kevin) Modified on 10/22/2007 to remove depositions. Additional attachments filed as entries 136 and 137 on 10/15/07 (awil). |
| October 16, 2007 | 133 | Deficiency Memo 132 Response to Motion. See attached Deficiency Memo. Any response due is based on the filing date of the original document. Docket Correction due 10/17/2007. (awil) |
| October 15, 2007 | 136 | Additional Attachments to Main Document 132 Response Deposition Vol 1 excerpts. (Elwell, Kevin) Modified on 10/22/2007 to change filing date to that of the original filing (awil). |
| October 15, 2007 | 137 | Additional Attachments to Main Document 132 Response in Opposition to Motion,,, Deposition Vol. 2 excerpts. (Elwell, Kevin) Modified on 10/22/2007 to change filing date to that of the original filing (awil). |
| October 22, 2007 | 139 | ORDER granting Smith's Motion for Summary Judgment. It is further ordered that Plaintiff's counsel, Kevin Elwell, is sanctioned in the amount of $1,000.00. Signed by Judge Henry M Herlong Jr on 10/22/07.(awil) |
| October 22, 2007 | 140 | SUMMARY JUDGMENT in favor of the defendant. (awil) |
| October 24, 2007 | 142 | Letter from Kevin Elwell with a copy of the check to the defendant. (awil) |
| November 15, 2007 | 143 | REPLY by Phillip J Smith to 139 Order on Motion for Summary Judgment. (Attachments: # 1 Exhibits)(awil) |
