Cliffs Sales Company v. American Steamship Company
| Cliffs Sales Company |
| American Steamship Company |
| 1:2007cv00485 |
| February 21, 2007 |
| US District Court for the Northern District of Ohio |
| Cleveland Office |
| Cuyahoga |
| Donald C Nugent |
| Contract: Marine |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Defendant |
Docket Report
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| Document Text |
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| Filing 170 Satisfaction of Judgment entered In favor of Cliffs Sales Company Against American Steamship Company by all parties filed by all parties. (Knoth, Richard) |
| Filing 169 Praecipe for issuance of Certificate of Judgment for Registration in Another District. filed by Cliffs Sales Company. (Attachments: #1 Exhibit A: Proposed Certificate of Judgment for Registration in Another District)(Fogarty, Robert)Issued on 10/7/2008 (E,P). |
| Filing 168 Praecipe for issuance of Certificate of Judgment Lien Upon Lands and Tenements. filed by Cliffs Sales Company. (Attachments: #1 Exhibit A: Proposed Certificate of Judgment Lien Upon Lands and Tenements)(Fogarty, Robert)Issued on 10/7/2008 (E,P). |
| Filing 167 Amended Judgment Entry pursuant to Rule 58 of the Federal Rules of Civil Procedure in favor of Cliffs Sales Company against American Steamship Company on Cliffs' claims for breach of contract against American Steamship(Count I of its Complaint in the First Action and Count I of its counterclaims in the Second Action) in the amount of $2,000,000.00 and in favor of Cliffs and against Oglebay on Cliffs' claims for breach of contract against Oglebay (Count I of its cross-claims in the Second Action) in the amount of $1,746,939.24. All costs including costs for juy snacks and beverages are to be paid by American Steamship and Oglebay. (See judgment for more details). Judge Donald C. Nugent on 9/25/08. (E,P) Modified text on 9/25/2008 (E,P). |
| Filing 166 Supplement Proposed Prejudgment Interest Calculation filed by American Steamship Company. (Attachments: #1 Exhibit A (Interest Calculation))(Knoth, Richard) |
| Filing 165 Supplement Memorandum Regarding Prejudgment Interest to #162 Order on Motion to alter/amend judgment,, filed by Cliffs Sales Company. Related document(s) #162 . (Attachments: #1 Affidavit of Kevin D. McCarthy, #2 Proposed Order Amended Judgment)(Fogarty, Robert) |
| Filing 164 Costs Taxed (B,B) |
Filing 163
Memorandum Opinion and Order that: the objections of ASC and Oglebay to Cliffs' Bill of Costs are overruled. Cliffs' Bill of Costs in the amount of $24,863.99 is approved and will be included in the Amended Judgment. Signed by Judge Donald C. Nugent on 8/25/2008. (Related doc #153 )(B,B)
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Filing 162
Memorandum Opinion and Order that: the Judgment will be amended to reflect the stipulation of the parties that Northshore Mining Company will benefit and be bound by the judgment in the consolidated actions in the same manner as Cliffs. Any judgment as to Cliffs would be applicable to the claims and defenses of Northshore. The parties are directed to submit their estimate of prejudgment interest that should be assessed in this case calculated as directed in this opinion within 10 days of the issuance of this Order. Thereafter, the Court will enter an Amended Judgment in accordance with this opinion. Signed by Judge Donald C. Nugent on 8/18/2008.(Related Doc #148 )(B,B)
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Filing 161
Memorandum Opinion and Order denying Amercian Steamship Company's Motion for judgment as a matter of law, or in the alternative, for a new trial. In addition, the motion of Defendant Oglebay for a New Trial ( ECF #114 in Case No. 07CV1466) is denied. Signed by Judge Donald C. Nugent on 8/18/2008.(Related Doc #140 )(B,B)
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| Filing 160 Minutes of proceedings before Judge Donald C. Nugent of Status Conference held. Trial in 07 cv 1466 set for 11/17/08 at 8:30 a.m. Parties may Amend pleadings up to 9/15/08. Court to rule on all pending motions. Judge Donald C. Nugent (R,JM) |
| Filing 159 Reply Brief in Support of Bill of Costs filed by Cliffs Sales Company. Related document(s) #153 , #155 , #157 . (Attachments: #1 Exhibit A - Unreported Authority) (Fogarty, Robert) |
| Filing 158 Motion for leave to File Instanter Surreply in Opposition to Cliffs Sales Company's Motion to Amend Judgment filed by Counter-Claimant American Steamship Company, Defendant American Steamship Company. Related document(s) #156 . (Attachments: #1 Pleading Surreply)(Knoth, Richard) |
| Filing 157 Objection (Supplemental) to Cliffs Sales Company's Bill of Costs filed by American Steamship Company. (Attachments: #1 Exhibit A) (Knoth, Richard) |
| Filing 156 Reply to response to #148 Motion to alter/amend judgment filed by Cliffs Sales Company. (Attachments: #1 Exhibit A - Trial Transcript Excerpts, #2 Exhibit B - Cliffs Trial Exhibit 29-1, #3 Exhibit C - Unpublished Authority)(Fogarty, Robert) |
| Filing 155 Objection to Cliffs Sales Company's Bill of Costs filed by American Steamship Company. (Knoth, Richard) |
| Filing 154 Reply to response to #140 Motion for judgment as a matter of law or, in the Alternative, a New Trial filed by American Steamship Company. (Knoth, Richard) |
| Filing 153 Bill of costs with Notice of Filing and Exhibits filed by Cliffs Sales Company. (Attachments: #1 Exhibit A - Bill of Costs, #2 Exhibit B - Summary of Costs, #3 Exhibit C - Supporting Invoices)(Veloso, Jason) |
| Filing 152 Response to #140 Motion for judgment as a matter of law or, in the Alternative, a New Trial filed by Cliffs Sales Company. (Attachments: #1 Exhibit A - Trial Transcript Excerpts, #2 Exhibit B1 - Unreported Cases, #3 Exhibit B2 - Unreported Cases)(Fogarty, Robert) |
| Filing 151 Opposition to #148 Motion to alter/amend judgment filed by American Steamship Company. (Knoth, Richard) |
| Filing 150 Transcript of Trial held on May 20, 2008 before Judge Donald C. Nugent. To obtain a bound copy of this transcript please contact court reporter George J. Staiduhar at 216-357-1728. [Volum 6, 714 to 721 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 7/1/2008. Redaction Request due 7/11/2008. Redacted Transcript Deadline set for 7/21/2008. Release of Transcript Restriction set for 9/18/2008. (S,G) |
| Filing 149 Minutes of proceedings before Judge Donald C. Nugent. Status Conference held on 6/11/2008 and another Status Conference is set for 9:30 a.m. on 7/23/2008 in Chambers 15A before Judge Donald C. Nugent. (Court Reporter None) (B,B) |
| Filing 148 Motion to alter/amend judgment filed by Plaintiff Cliffs Sales Company. (Attachments: #1 Exhibit A - Proposed Amended Judgment, #2 Exhibit B - Brief in Support, #3 Affidavit Exhibit C - Hogerty Affidavit, #4 Affidavit Exhibit D - McCarthy Affidavit)(Veloso, Jason) |
| Filing 147 Notice of Hearing with Status Conference set for 11:00 a.m. on 6/11/2008 in Chambers 15A before Judge Donald C. Nugent. (B,B) |
| Filing 146 Transcript of Charge and closing statements, Volume 5, pages 544 to 713 held on May 17, 2008 before Judge Donald C. Nugent. To obtain a bound copy of this transcript please contact court reporter George J. Staiduhar at (216) 357-7128. [170 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 6/12/2008. Redaction Request due 6/24/2008. Redacted Transcript Deadline set for 7/4/2008. Release of Transcript Restriction set for 9/1/2008. (S,G) |
| Filing 145 Transcript of Volume 4, Pages 381 through 543 held on May 16, 2008 before Judge Donald C. Nugent. To obtain a bound copy of this transcript please contact court reporter George J. Staiduhar at (216) 357-7128. [163 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 6/12/2008. Redaction Request due 6/24/2008. Redacted Transcript Deadline set for 7/4/2008. Release of Transcript Restriction set for 9/1/2008. (S,G) |
| Filing 144 Transcript of Volume 3, Pages 201 through 380 held on May 15, 2008 before Judge Donald C. Nugent. To obtain a bound copy of this transcript please contact court reporter George J. Staiduhar` at (216) 357-7128. [180 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 6/12/2008. Redaction Request due 6/24/2008. Redacted Transcript Deadline set for 7/4/2008. Release of Transcript Restriction set for 9/1/2008. (S,G) |
| Filing 143 Transcript of Trial testimony held on May 14, 2008 before Judge Donald C. Nugent. To obtain a bound copy of this transcript please contact court reporter George J. Staiduhar at (216) 357-7128. [Volume 1, Pages 1 through 200 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 6/12/2008. Redaction Request due 6/24/2008. Redacted Transcript Deadline set for 7/4/2008. Release of Transcript Restriction set for 9/1/2008. (S,G) |
| Filing 142 Transcript of Opening Statements held on May 13, 2008 before Judge Donald C. Nugent. To obtain a bound copy of this transcript please contact court reporter George J. Staiduhar at (216) 357-1728. [93 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 6/12/2008. Redaction Request due 6/24/2008. Redacted Transcript Deadline set for 7/4/2008. Release of Transcript Restriction set for 9/1/2008. (S,G) |
| Filing 141 Transcript of Discussion prior to jury impaneling held on May 13, 2008 before Judge Donald C. Nugent. To obtain a bound copy of this transcript please contact court reporter George J. Staiduhar at (216) 357-1728. [6 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 6/12/2008. Redaction Request due 6/24/2008. Redacted Transcript Deadline set for 7/4/2008. Release of Transcript Restriction set for 9/1/2008. (S,G) |
| Filing 140 Motion for judgment as a matter of law or, in the Alternative, a New Trial filed by Counter-Claimant American Steamship Company, Defendant American Steamship Company. (Attachments: #1 Brief in Support)(Knoth, Richard) |
| Filing 139 Judgment Entry in favor of Cliffs Sales Company on its complaint/counterclaim/cross-claim for breach of contract against American Steamship Company in the amount of $2,000,000.00. All costs, including costs for jury snacks and beverages are to be paid by the defendant(s). Judge Donald C. Nugent on 5/22/08. (R,Sh) Modified text on 5/22/2008 (R,Sh). |
| Filing 138 Verdicts for Plaintiff Against Defendants Oglebay and American Steamship dated 5/20/08. (Attachments: #1 Unredacted Verdicts) (R,Sh) (Additional attachment(s) added on 6/2/2008: #3 Verdict) (K,K). |
| Filing 137 Jury Interrogatories 1-3 dated 5/19/08. (Attachments: #1 Unredacted Interrogatories 1-3)(R,Sh) (Additional attachment(s) added on 6/2/2008: #3 Interrogatories) (K,K). |
| Filing 136 Minutes of proceedings before Judge Donald C. Nugent of Jury Trial completed. Jury returns Verdict in favor of Plaintiff. (Court Reporter George Staiduhar.) (R,JM) |
| Filing 135 Minutes of proceedings before Judge Donald C. Nugent of Jury Trial continued. (Court Reporter George Staiduhar.) (R,JM) |
| Filing 134 Minutes of proceedings of trial continued. Witnesses called. (Court Reporter George Staiduhar.) (R,JM) |
| Filing 133 Minutes of proceedings Trial continued. Plaintiff witnesses called. (Court Reporter George Staiduhar.) (R,JM) |
| Filing 132 Minutes of proceedings Trial continued. Plaintiff witnesses called. (Court Reporter George Staiduhar.) (R,JM) |
| Filing 131 Minutes of proceedings of Trial commencing. Jury duly empaneled and sworn consisting of eleven members. Opening statements of all counsel made. Judge Donald C. Nugent. (Court Reporter George Staiduhar.) (R,JM) |
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Filing 130
Order Agreed Order of Bifurcation and re: Preservation of Rights and Claims. Judge Donald C. Nugent (R,JM)
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| Filing 129 Proposed Jury Instructions filed by Cliffs Sales Company. (Attachments: #1 Exhibit A, Supplemental Proposed Jury Instructions)(Veloso, Jason) |
| Filing 128 Proposed Jury Interrogatories (Revised), Verdict Forms and Jury Instruction filed by American Steamship Company. (Knoth, Richard) |
| Filing 127 Proposed Jury Interrogatories and Verdict Forms filed by American Steamship Company. (Knoth, Richard) |
| Filing 126 Notice of Cliffs Sales Company's Amended Designations of Portions of Deposition Transcripts and Video Which May Be Used In Its Case In Chief filed by Cliffs Sales Company. (Veloso, Jason) |
| Filing 125 Objection and Counter-Designations to Cliffs Sales Company's Deposition Designations Regarding John Macuski filed by American Steamship Company. (Knoth, Richard) |
| Filing 124 Notice of filing deposition transcripts of William Calfee, Donald Gallagher, Ronald Hogerty, Terrence Mee on 5/12/08, (Under Seal) filed by American Steamship Company. (E,P) |
| Filing 123 Deposition Transcript of William Calfee taken on 2/22/08. Complete document on file, 33 pages. filed by American Steamship Company. Related document(s) #26 , #106 . (FILED UNDER SEAL)(E,P) |
| Filing 122 Deposition Transcript of Donald Gallagher taken on 2/21/08. Complete document on file, 62 pages. filed by American Steamship Company. (FILED UNDER SEAL) (E,P) |
| Filing 121 Deposition of Ronald Hogerty taken on 2/19/08. Complete document on file, 76 pages. filed by American Steamship Company. Related document(s) #26 , #106 . (FILED UNDER SEAL) (E,P) |
| Filing 120 Deposition of Terrence Mee taken on 5/19/08. filed by American Steamship Company. (34 pages) Related document(s) #26 , #106 . (FILED UNDER SEAL)(E,P) Modified text on 5/13/2008 (E,P). |
| Filing 119 Notice of filing deposition of John Macuski on 5/12/08 filed by Cliffs Sales Company. (E,P) |
| Filing 113 Objection to Suggestion of Stipulation in Cliffs Sales Company's Trial Brief filed by American Steamship Company. (Knoth, Richard) |
| Filing 109 Deposition Transcript (Volume II) of Mary Joan Bartels taken on 2/8/08. Complete document on file, 47 pages. filed by Cliffs Sales Company. Related document(s) #97 . (E,P) Modified text on 5/12/2008 (E,P). |
| Filing 107 Notice of Manual Filing of Deposition Transcript filed by Cliffs Sales Company. (Veloso, Jason) |
| Filing 106 Notice of Manual Filing of Deposition Transcripts filed by American Steamship Company. (Knoth, Richard) |
| Filing 105 Notice of Cliffs Sales Company's Designations of Portions of Deposition Transcripts and Video Which May Be Used in Its Case in Chief filed by Cliffs Sales Company. (Veloso, Jason) |
| Filing 104 Notice of Cliff Sales Company's Reply to Oglebay Norton Marine Services Company, LLC and American Steamship Company's Objections to Deposition Designations filed by Cliffs Sales Company. Related document(s) #93 .(Veloso, Jason) |
| Filing 118 Videotaped Deposition of John Macuski taken on 5/9/08. Complete document on file, 18 pages. filed by Cliffs Sales Company. Related document(s) #107 . (E,P) |
| Filing 117 Notice of filing deposition transcripts of Mary Joan Bartels, Keith Collignon, Michael J. Siragusa, Jerome K. Welsch, Jr. on 5/9/08 filed by Cliffs Sales Company. (E,P) |
| Filing 116 Videotaped Deposition (Volume II) of Jerome K. Welsch, Jr. taken on 4/4/08. Complete document on file, 29 pages. filed by Cliffs Sales Company.(Related Document#97 ) (E,P) Modified text on 5/13/2008 (E, P). |
| Filing 115 Videotaped Deposition of Jerome K. Welsch, Jr. taken on 2/6/08. Complete document on file, 51 pages. filed by Cliffs Sales Company. (E,P) |
| Filing 114 Videotaped Deposition of Michael J. Siragusa taken on 3/5/08. Complete document on file, 47 pages. filed by Cliffs Sales Company. (Related Document#97 (E,P) Modified text on 5/13/2008 (E, P). |
| Filing 111 Videpotaped Deposition of Keith Collignon taken on 2/7/08. Complete document on file, 47 pages. filed by Cliffs Sales Company.(Related Document#97 ) (E,P) Modified text on 5/13/2008 (E, P). |
| Filing 110 Videotaped Deposition Transcript of Mary Joan Bartels taken on 4/4/08. Complete document on file, 49 pages. filed by Cliffs Sales Company. Related document(s) #97 . (E,P) |
| Filing 103 Reply to response to 83 Motion in limine Regarding Brackets as an "Aggregation" filed by Cliffs Sales Company. (Veloso, Jason) |
| Filing 102 Reply to response to 84 Motion in limine as to Cliffs' Damages filed by Cliffs Sales Company. (Veloso, Jason) |
| Filing 101 Reply to response to 82 Motion in limine as to Mistake in Payments filed by Cliffs Sales Company. (Attachments: #1 Exhibit A - Unreported Authority, #2 Exhibit B - Unreported Authority)(Veloso, Jason) |
| Filing 100 Reply to response to 81 Motion in limine Regarding Parol Evidence filed by Cliffs Sales Company. (Attachments: #1 Exhibit A - Unreported Authority)(Veloso, Jason) |
| Filing 99 Motion to strike Plaintiff's Witness Not Identified in Response to Discovery Requests filed by Counter-Claimant American Steamship Company, Defendant American Steamship Company. (Attachments: #1 Exhibit A)(Knoth, Richard) |
| Filing 98 Reply Brief in Support of Its Deposition Designations filed by American Steamship Company. (Attachments: #1 Exhibit A) (Knoth, Richard) |
| Filing 97 Notice of Manual Filing of Deposition Transcripts filed by Cliffs Sales Company. (Veloso, Jason) |
| Filing 96 Amended Response to 81 Motion in limine to Exclude Parol Evidence filed by American Steamship Company. (Knoth, Richard) Modified text 6/2/2008 (K,K). |
| Filing 112 Opposition to #72 Motion in limine to Exclude Evidence of Certain Pretrial Docket Entries filed by Cliffs Sales Company. (FILED UNDER SEAL) (E,P) |
| Filing 108 Opposition to #74 , #26 Motion in limine to Exclude Hypothetical Testimony of Ronald Hogerty filed by Cliffs Sales Company. (FILED UNDER SEAL) (E,P) |
| Filing 95 Return of Service Executed upon John Macuski by Personal Service on May 6, 2008 filed on behalf of Cliffs Sales Company (Attachments: #1 Exhibit Subpoena)(Veloso, Jason) |
| Filing 94 Notice of Cliffs Sales Company's Objections to American Steamship Company's Deposition Designations filed by Cliffs Sales Company. Related document(s) #75 .(Fogarty, Robert) |
| Filing 93 Notice of Objections to Cliffs Sales Company's Deposition Designations filed by American Steamship Company. (Knoth, Richard) |
| Filing 92 Response to 82 Motion in limine as to Mistake in Payments filed by American Steamship Company. (Knoth, Richard) |
| Filing 91 Response to 84 Motion in limine as to Cliffs' Damages filed by American Steamship Company. (Knoth, Richard) |
| Filing 90 Response to 81 Motion in limine to Exclude Parol Evidence filed by American Steamship Company. (Knoth, Richard) |
| Filing 89 Response to 83 Motion in limine Regarding Brackets as an Aggregation filed by American Steamship Company. (Knoth, Richard) |
| Filing 88 Opposition to Motion in limine to Exclude Evidence of Certain Pretrial Docket Entries filed by Cliffs Sales Company. (Related doc #26 , #72 )(B,B)(Document filed under seal pursuant to Court order) Modified to create an additional link on 5/7/2008 (B, B). |
| Filing 87 Opposition to Motion in limine to Exclude Hypothetical Testimony of Ronald Hogerty filed by Cliffs Sales Company. (B,B)(Related doc #26 , #74 )(Document filed under seal pursuant to Court order) Modified to create an additional link on 5/7/2008 (B, B). |
| Filing 86 Minutes of proceedings before Judge Donald C. Nugent of Status Conference held. Court heard arguments on pending motions. Court to rule. Trial to proceed and set for 5/13/2008 08:30 AM in Courtroom 15A before Judge Donald C. Nugent. (R,JM) |
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Filing 85
Memorandum Opinion and Order denying Motions for partial summary judgment filed by Cliffs Sales company and American Steamship Company. Signed by Judge Donald C. Nugent on 5/5/2008.(Related doc #56 , 57 )(B,B)
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| Filing 84 Motion in limine as to Cliffs' damages filed by Plaintiff Cliffs Sales Company. Related document(s) #26 . (B,B)(Document filed under seal pursuant to Court order) |
| Filing 83 Motion in limine regarding brackets as an "aggregation" filed by Plaintiff Cliffs Sales Company. Related document(s) #26 . (B,B)(Document filed under seal pursuant to Court order) |
| Filing 82 Motion in limine as to Cliffs' mistake in payments filed by Plaintiff Cliffs Sales Company. Related document(s) #26 . (B,B)(Document filed under seal pursuant to Court order) |
| Filing 81 Motion in limine regarding parol evidence filed by Plaintiff Cliffs Sales Company. Related document(s) #26 . (B,B)(Document filed under seal pursuant to Court order) |
| Filing 80 Trial Brief filed by Cliffs Sales Company. Related document(s) #26 . (B,B)(Document filed under seal pursuant to Court order) |
| Filing 79 Motion in limine as to denying the assignment of the vessel transportation agreement filed by Plaintiff Cliffs Sales Company. Related document(s) #26 . (B,B)(Document filed under seal pursuant to Court order) |
| Filing 78 Stipulations of Fact filed by Cliffs Sales Company. Related document(s) #26 . (B,B)(Document filed under seal pursuant to Court order) |
| Filing 77 Joint Proposed Stipulation [Statement] of Disputed Facts filed by American Steamship Company. (Knoth, Richard) |
| Filing 76 Joint Proposed Stipulation of Uncontested Fact filed by American Steamship Company. (Knoth, Richard) |
| Filing 75 Notice of Deposition Designations filed by American Steamship Company. (Knoth, Richard) |
| Filing 74 Motion in limine to Exclude Hypothetical Testimony of Ronald Hogerty filed by Counter-Claimant American Steamship Company, Defendant American Steamship Company. (Knoth, Richard) |
| Filing 73 Motion in limine to Exclude Expert Testimony for Cliffs Sales Company filed by Counter-Claimant American Steamship Company, Defendant American Steamship Company. (Knoth, Richard) |
| Filing 72 Motion in limine to Exclude Evidence of Certain Pretrial Docket Entries filed by Counter-Claimant American Steamship Company, Defendant American Steamship Company. (Knoth, Richard) |
| Filing 71 Trial Brief filed by American Steamship Company. (Attachments: #1 Exhibit A (Witness List), #2 Exhibit B (Index of Proposed Exhibits), #3 Exhibit C (Voir Dire), #4 Exhibit D (Proposed Prelim. Jury Instructions))(Knoth, Richard) |
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Filing 70
Order. Counsel was advised in a telephonic conference held this day, that this Court is satisfied that these reports were prepared in anticipation of litigation, American Steamship Company (ASC) having been put on notice of the claim made by the plaintiff which matured into this action, in order to assist Mr. Welch, the CEO of ASC, in analyzing the company's potential liability to the plaintiff, so that they are protected by the work product privilege, and this Courts finding that plaintiff has failed to demonstrate the compelling need required to overcome the privilege. It is Ordered that the plaintiff's motion re #44 is denied. Signed by Magistrate Judge David S. Perelman on 4/30/08. (W,Jo)
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| Filing 69 Minutes of proceedings - Telephonic discovery conference regarding motion to compel (Doc. #44). Magistrate Judge David S. Perelman, (G,S) |
| Filing 68 Status Report filed by American Steamship Company. (Montgomery, Michael) |
| Filing 67 Status Report filed by Cliffs Sales Company. (Veloso, Jason) |
| Filing 66 Reply to response to Motion for partial summary judgment filed by Cliffs Sales Company. (Related doc #26 , 57 )(B,B)(Document filed under seal pursuant to Court order) Modified to create link on 4/24/2008 (B, B). |
| Filing 65 Reply to response to Motion for partial summary judgment filed by American Steamship Company. (Related doc #26 , #56 )(B,B) Modified text and links on 4/24/2008 (B, B). (Document filed under seal pursuant to Court order) |
| Filing 64 Notice of Hearing with Final Pretrial Conference set for 10:30 a.m. on 5/5/2008 before Judge Donald C. Nugent in Chambers 15A. (B,B) |
| Filing 63 Opposition to Motion of American Steamship Company for partial summary judgment filed by Cliffs Sales Company. (Related doc #26 , #56 )(B,B)(Document filed under seal pursuant to Court order) Modified to create an additional link on 4/15/2008 (B, B). |
| Filing 62 Opposition to Motion of Cliffs Sales Company for partial summary judgment filed by American Steamship Company.(Related doc #26 , 57 ) (B,B)(Document filed under seal pursuant to Court order) Modified to create an additional link on 4/15/2008 (B, B). |
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Filing 61
Order . The plaintiff's motion with regard to the deposition of Mr Welsch is denied (Related Doc #43 ) insofar as it seeks an award of sanctions, and the remaining motions are dismissed as moot (Related Doc #42 ); (Related Doc #44 ). Signed by Magistrate Judge David S. Perelman on 3/17/08.(W,Jo)
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| Filing 60 Minutes of proceedings. Discovery Conference held on 3/14/08 before Magistrate Judge Perelman. Depositions of Welch and Bartels to be taken under court supervision on 4/4/08. Magistrate Judge David S. Perelman, (G,S) |
| Filing 59 Memorandum In Support of Motion for partial summary judgment filed by American Steamship Company. (Related doc #26 , #56 )(B,B)(Document filed under seal pursuant to Court order) Modified to create an additional link on 3/17/2008 (B, B). |
| Filing 58 Exhibit to the motion for partial summary judgment filed by Cliffs Sales Company. Related document(s) #26 , 57 . (B,B)(Document filed under seal pursuant to Court order) |
| Filing 57 Motion for partial summary judgment filed by Plaintiff Cliffs Sales Company. Related document(s) #26 . (B,B)(Document filed under seal pursuant to Court order) |
| Filing 56 Motion for partial summary judgment filed by Counter-Claimant American Steamship Company, Defendant American Steamship Company. (Attachments: #1 Brief in Support Filed Under Seal)(Knoth, Richard) |
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Filing 55
Order referring case to Magistrate Judge David S. Perelman regarding issue of depositons of Ms. Bartels and Mr. Welsch. Judge Donald C. Nugent (R,JM)
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| Filing 54 Discovery Conference set for 3/14/2008 01:30 PM in Chambers 11A before Magistrate Judge David S. Perelman. (G,S) |
| Filing 53 Minutes of proceedings: Status Conference held on 3/10/2008 before Judge Donald C. Nugent. The issues of Mary Bartel's deposition and of Mr. Wilsch's deposition will be referred to Magistrate Judge Perelman. Court to contact Magistrate Judge Perelman for resolution of these issues. (Court Reporter None) (B,B) |
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Filing 52
Order terminating Cliffs Sales Company's Motion for Temporary Restraining Order and Preliminary Injunction against American Steamship Company as moot (Related Doc #37 ), The Court will retain jurisdiction to enforce the terms of the agreement reached by the parties. Signed by Judge Donald C. Nugent on 3/10/2008.(B,B)
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| Filing 51 Reply to response to #44 Motion to compel discovery and Response to Defendant's Motion to Terminate filed by Cliffs Sales Company. (Fogarty, Robert) |
| Filing 50 Reply to response to #43 Motion for sanctions filed by Cliffs Sales Company. (Fogarty, Robert) |
| Filing 49 Exhibit A to response to Plaintiff Cliffs Sales Company's motion for sanctions and motion for protective order filed by American Steamship Company. Related document(s) #26 , #25 , #43 , #48 . (B,B)(Document filed under seal pursuant to Court order) |
| Filing 48 Response to #43 Motion for sanctions and Motion for Protective Order filed by American Steamship Company. (Attachments: #1 Exhibit A (filed under Seal))(Douthett, Breaden) |
| Filing 47 Response to #44 Motion to compel discovery and Response to Defendant's Motion to Terminate re the Deposition of Mary Bartels filed by American Steamship Company. (Douthett, Breaden) |
| Notice of Hearing (non-document)to be held on 3/10/2008 at 09:00 AM at Courtroom 15A on pending discovery motions before Judge Donald C. Nugent. (R,JM) |
| Filing 46 Minutes of proceedings. Status Conference held on 2/21/2008 and another Status Conference is set for 9:00 a.m. on 3/10/2008 in Chambers 15A before Judge Donald C. Nugent.(Court Reporter None) (B,B) |
| Filing 45 Motion for an Order Terminating Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction as Moot filed by Plaintiff Cliffs Sales Company. Related document(s) #37 . (Veloso, Jason) |
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Order (non-document) granting Motion for an order terminating Plaintiff Cliffs Sales Company's Motion for Temporary Restraining Order and Preliminary Injunction as mott (Related Doc #45 )Judge Donald C. Nugent(R,JM)
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| Notice (non-document) of Hearing on pending motions to be held on 3/3/2008 at 10:30 AM at Courtroom 15A before Judge Donald C. Nugent (R,JM) |
| Filing 44 Motion to compel discovery and Response to Defendant's Motion to Terminate filed by Plaintiff Cliffs Sales Company. Related document(s) #42 . (Attachments: #1 Exhibit 1 - Bartels Deposition Transcript, #2 Exhibit 2 - Welsch Deposition Transcript Excerpt, #3 Exhibit 3 - Rule 30(b)(6) Notice, #4 Exhibit 4 - E-mail)(Fogarty, Robert) |
| Filing 43 Motion for sanctions filed by Plaintiff Cliffs Sales Company. (Attachments: #1 Exhibit 1 - Welsch Deposition Transcript, #2 Exhibit 2 - Unreported Cases)(Fogarty, Robert) |
| Filing 42 Motion to Terminate or Limit Deposition of Mary Bartels filed by Counter-Claimant American Steamship Company, Defendant American Steamship Company. (Attachments: #1 Brief in Support, #2 Exhibit A, #3 Exhibit B)(Douthett, Breaden) Modified text on 2/12/2008 (B,IE). |
| Filing 41 Subpoena Returned Executed; served upon Mary Bartels by Hand-Delivered on 2/8/08 filed on behalf of Cliffs Sales Company (Fogarty, Robert) |
| Filing 40 Minutes of proceedings of Status Conference held before Judge Donald C. Nugent. All counsel present. Parties have agreed to resolve issues presented by Plaintiff's Application for TRO and Preliminary Injuction. Counsel will either submit an entry to the Court or resolve disputes among themselves. Judge Donald C. Nugent (R,JM) |
| Filing 39 Exhibit 1 to the motion for temporary restraining order and preliminary injunction against American Steamship Company filed by Cliffs Sales Company. Related document(s) #26 , #25 , #37 . (Document filed under seal pursuant to Court order)(B,B) |
| Filing 38 Exhibit 3 to the motion for temporary restraining order and preliminary injunction against American Steamship Company filed by Cliffs Sales Company. Related document(s) #26 , #25 , #37 . (Document filed under seal pursuant to Court order)(B,B) |
| Filing 37 Motion for temporary restraining order against Defendant American Steamship Company, Motion for preliminary injunction against Defendant American Steamship Company filed by Plaintiff Cliffs Sales Company. (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)(Fogarty, Robert) |
| Filing 36 Motion for for Leave to Exceed Page Limitation filed by Plaintiff Cliffs Sales Company. (Attachments: #1 Proposed Order)(Fogarty, Robert) |
| Filing 35 Reply to Counterclaims of Defendant, American Steamship filed by Cliffs Sales Company. Related document(s) #34 . (Fogarty, Robert) |
| Filing 34 American Steamship Company's Answer to Complaint with Jury Demand (Related Doc #1 ), Counterclaim against Cliffs Sales Company filed by American Steamship Company. (Knoth, Richard) |
| Filing 33 Minutes of proceedings. Status Conference held on 10/24/2007 before Judge Donald C. Nugent. Discovery cut-off shall be 2/15/2008, the deadline for disclosure of expert reports on affirmative claims shall also be 2/15/2008, responsive expert reports shall be disclosed on 3/14/2008, the dispositive motion deadline is 3/14/2008, opposition briefs are due by 4/14/2008 and reply briefs are due 4/23/2008, trial is set for 8:30 a.m. on 5/12/2008 and a status conference is set for 9:00 a.m. on 2/21/2008 all to take place before Judge Donald C. Nugent. (Court Reporter None.) (B,B) |
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Filing 32
Order re #5 denying Motion for more definite statement Motion to dismiss filed by American Steamship Company. Signed by Judge Donald C. Nugent on 10/22/07.(E,P)
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Filing 31
Memorandum Opinion and Order denying #14 plaintiff's Motion to disqualify Baker Hostetler. Status conference shall be held on 10/24/2007 at 10:30 AM in Courtroom 15A. Signed by Judge Donald C. Nugent on 10/4/07.(C,KA)
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| Filing 30 Minutes of proceedings of Status Conference held before Judge Donald C. Nugent. Next status to be set after Court rules on disqualification. Judge Donald C. Nugent (R,JM) |
| Filing 29 Brief American Steamship Company's Post-Hearing Brief filed by American Steamship Company. (Knoth, Richard) |
| Filing 28 Brief in Support of Motion to Disqualify Baker Hostetler filed by Cliffs Sales Company. (Attachments: #1 Exhibit A, Summary of Billing#2 Exhibit B, E-mail Correspondence#3 Exhibit C, E-mail Correspondence#4 Exhibit D, E-mail Correspondence) (Veloso, Jason) |
| Filing 27 Transcript of Hearing on Motion to Disqualify Baker & Hostetler Proceedings held on 8/29/2007 before Judge Donald C. Nugent filed manually. To obtain a bound copy of this transcript please contact Court Reporter Heidi Blueskye Geizer at 216-357-7092. Complete document on file, 62 pages. (B,B) |
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Filing 26
Stipulated Confidentiality and Protective Order. Signed by Judge Donald C. Nugent on 8/20/2007.(B,B)
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Filing 25
Marginal Entry Order granting Cliffs Sales Company's Motion for protective order (Related Doc #24 ). Signed by Judge Donald C. Nugent on 8/20/2007.(B,B)
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| Filing 24 Motion for protective order regarding confidentiality filed by Cliffs Sales Company. (Attachments: #1 Proposed Order Regarding Confidentiality)(Veloso, Jason) Modified docket text on 8/20/2007 (R, N). |
| Filing 23 Notice of Hearing on Motion to disqualify set for 8:30 a.m. on 8/29/2007 in Chambers 15A before Hon. Donald C. Nugent. (B,B) |
| Filing 22 Notice that Hearing on Plaintiff's motion to disqualify Baker Hostetler has been re-scheduled for 11:00 a.m. on 8/29/2007 before Hon. Donald C. Nugent. (B,B) |
| Filing 21 Notice of Hearing re: Plaintiff's Motion to disqualify attorney/law firm Baker Hostetler. Motion Hearing set for 8:30 a.m. on 7/25/2007 before Hon. Donald C. Nugent. Related document(s) #14 . (B,B) |
| Filing 20 Motion to File, Instanter, Sur-Reply in opposition to Cliffs Sales Company's motion to disqualify Baker Hostetler filed by American Steamship Company. Related document(s) #14 . (Attachments: #1 Pleading Sur-Reply#2 Exhibit A)(Knoth, Richard) Modified text on 7/2/2007 (B, B). |
| Filing 19 Minutes of proceedings: Status Conference held on 6/28/2007 before Judge Donald C. Nugent and another Status Conference is set for 8:30 a.m. on 9/11/2007 before Hon. Donald C. Nugent. (Court Reporter None.) (B,B) |
| Filing 18 Reply in support of #14 Motion to disqualify attorney/law firm Baker Hostetler filed by Cliffs Sales Company. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C)(Fogarty, Robert) |
| Filing 17 Opposition to #14 Motion to disqualify attorney/law firm Baker Hostetler filed by American Steamship Company. (Attachments: #1 Exhibit 1 (unpublished case)#2 Exhibit 2 (unpublished case)#3 Exhibit 3 (case docket)#4 Exhibit 4 (order)#5 Exhibit 5 (case docket)#6 Exhibit 6 (terms of engagement)#7 Exhibit 7 (unpublished case)#8 Exhibit 8 (unpublished case)#9 Exhibit 9 (unpublished case)#10 Exhibit 10 (Knoth declaration)#11 Exhibit 11 (Douthett declaration)#12 Exhibit 12 (Montgomery declaration)#13 Exhibit 13 (Mersol declaration)#14 Exhibit 14 (unpublished case))(Knoth, Richard) |
| Filing 16 Notice of Filing Motion to Reassign Matter as a Related Case filed by American Steamship Company. (Knoth, Richard) |
| Filing 15 Minutes of proceedings of Status Conference held. Next Status Conference set for 6/28/2007 08:30 AM in Chambers 15A before Hon. Donald C. Nugent. (R,JM) |
| Filing 14 Motion to disqualify attorney/law firm Baker Hostetler filed by Cliffs Sales Company. (Attachments: #1 Exhibit A, Docket Sheet#2 Exhibit B, Docket Sheet#3 Exhibit C, Docket Sheet#4 Exhibit D, Docket Sheet#5 Exhibit E, Docket Sheet#6 Exhibit F, Unreported Case)(Veloso, Jason) |
| Filing 13 Notice of Hearing. Status Conference set for 6/1/2007 08:30 AM in Chambers 15A before Hon. Donald C. Nugent. (E,P) |
| Filing 12 Notice of Filing Related Case filed by American Steamship Company. (Knoth, Richard) |
| Filing 11 Minutes of proceedings of Case Management Conference held. The case is assigned to the Standard Track. Discovery is limited and cut off date is 9/28/07. AStatus Conference is set for 7/17/2007 09:00 AM in Chambers 15A before Hon. Donald C. Nugent. (R,JM) |
| Filing 10 Report of Parties' Planning Meeting. Parties do not consent to this case being assigned to the magistrate judge. filed by all parties. (Veloso, Jason) |
| Filing 9 Reply in support of #5 Motion for more definite statement Motion to dismiss filed by American Steamship Company. (Attachments: #1 Exhibit A, Unreported Case#2 Exhibit B, Correspondence#3 Exhibit C, Unreported Case#4 Exhibit D, Unreported Case)(Knoth, Richard) |
| Filing 8 Opposition to #5 Motion for more definite statement Motion to dismiss filed by Cliffs Sales Company. (Attachments: #1 Exhibit Unpublished Cases)(Veloso, Jason) |
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Filing 7
Case Management Conference Scheduling Order with case management conference to be held on 5/16/2007 at 9:15 a.m. at Chambers 15A before Hon. Donald C. Nugent. Signed by Judge Donald C. Nugent on 4/12/2007.(B,B)
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| Filing 6 Corporate Disclosure Statement filed by American Steamship Company. (Knoth, Richard) |
| Filing 5 Motion for more definite statement, Motion to dismiss filed by American Steamship Company., Related document(s) #1 . (Attachments: #1 Brief in Support of Motion to Dismiss or for More Definite Statement#2 Exhibit A - Company Information#3 Exhibit B - Company Information#4 Exhibit C - Unpublished Case#5 Exhibit D - Unpublished Case#6 Exhibit E - Unpublished Case#7 Exhibit F - Unpublished Case)(Knoth, Richard) |
| Filing 4 Return of Service Executed upon American Steamship Company by Certified Mail on 2/26/07 filed by Cliffs Sales Company Related document(s) #3 , #1 . (Veloso, Jason) |
| Filing 3 Summons and Magistrate Consent Form issued to counsel for service upon American Steamship Company. (Attachments: #1 Magistrate Consent Form) (C,BA) |
| Filing 2 Corporate Disclosure Statement filed by Cliffs Sales Company. Related document(s) #1 .(Fogarty, Robert) |
| Filing 1 Complaint against American Steamship Company ( Filing fee 350 receipt number 2342743.). Filed by Cliffs Sales Company. (Attachments: #1 Civil Cover Sheet #2 Summons to American Steamship Company)(Fogarty, Robert) Modified text, no electronic signature on 2/27/2007 (E,P). |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Perelman. (C,BA) |
| Judge Donald C. Nugent assigned to case. (C,BA) |
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