Muhler Company Inc, The v. Ply Gem Holdings Inc et al
Plaintiff: Muhler Company Inc, The
Defendant: MW Manufacturers Inc, AWC Holding Company, MWM Holdings Inc, Ply Gem Window Group, Great Lakes Windows, Alenco Holding Company, Alenco Holding Corporation, Ply Gem Industries Inc, MW Windows & Doors, Ply Gem Holdings Inc and MWM Holding Inc
Case Number: 2:2011cv00862
Filed: April 11, 2011
Court: US District Court for the District of South Carolina
Office: Charleston Office
County: Charleston
Presiding Judge: Sol Blatt
Nature of Suit: Other Fraud
Cause of Action: 15 U.S.C. § 1121
Jury Demanded By: Both
Docket Report

This docket was last retrieved on November 18, 2016. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 18, 2016 Filing 305 SATISFACTION OF JUDGMENT re #303 Order,, by AWC Holding Company, Alenco Holding Corporation, MW Manufacturers Inc, MWM Holdings Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc. (Pharr, Steve)
May 10, 2016 Filing 304 Costs Taxed in amount of $ $7,024.99 against Plaintiff. (vdru, )
May 10, 2016 Opinion or Order Filing 303 ORDER re #301 Bill of Costs filed by Ply Gem Industries Inc, AWC Holding Company, Ply Gem Holdings Inc, Alenco Holding Corporation, MW Manufacturers Inc, MWM Holdings Inc. After review, the Court removes the $36.90 fee for expedited shipping from the Defendants bill of costs. Accordingly, the Court hereby taxes costs against the Plaintiff in the amount of $7,024.99, which represents the requested $7,061.89 minus $36.90. Signed by Honorable David C. Norton on behalf of The Honorable Sol Blatt, Jr on 5/10/2016. (vdru, ) Modified to edit text on 5/10/2016. (vdru, ).
April 11, 2016 Filing 302 OBJECTIONS by Muhler Company Inc, The to #301 Bill of Costs. (Filing corrected for counsel incorrectly spreading entry) (sshe, )
March 23, 2016 Filing 301 BILL OF COSTS by AWC Holding Company, Alenco Holding Corporation, MW Manufacturers Inc, MWM Holdings Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc, Ply Gem Industries Inc.Objections to Bill of Costs deadline 4/11/2016. (Pharr, Steve)
March 23, 2016 Filing 300 USCA MANDATE and Judgment as to #293 Notice of Appeal filed by The Muhler Company Inc. The USCA judgment affirming the decision of the district court which was entered on February 10, 2016 takes effect this date (March 23, 2016). (Attachments: #1 4CCA Judgment)(vdru, )
March 15, 2016 Opinion or Order Filing 299 ORDER of USCA as to #293 Notice of Appeal, filed by The Muhler Company Inc. The Court denies the petition for rehearing and rehearing en banc. (vdru, )
March 8, 2016 Opinion or Order Filing 298 ORDER of USCA re costs taxed and certified in the amount of $58.05 to be added to the 4CCA's mandate as to #293 Notice of Appeal filed by The Muhler Company Inc. (vdru, )
February 25, 2016 Filing 297 Appeal Remark re #293 Notice of Appeal : Mandate stayed in accordance with Rule 41(d)(1) pending further order of the 4CCA. (vdru, )
February 10, 2016 Filing 296 USCA OPINION for #293 Notice of Appeal, filed by Muhler Company Inc, The. Decision of Appeals Court affirmed the decision of the district court. (vdru, )
July 28, 2015 Filing 294 Transmittal Sheet for Notice of Appeal to USCA re #293 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. (vdru, )
July 27, 2015 Filing 293 NOTICE OF APPEAL as to 275 Order on Motion for Reconsideration, Motion Hearing,,,, 215 Order on Motion for Summary Judgment, Motion Hearing,, #227 Order, #217 Summary Judgment, #292 Judgment, #291 Order on Motion for Summary Judgment, #276 Order,, #216 Order,, by Muhler Company Inc, The. - Filing fee $ 505, receipt number 0420-6070754. The Docketing Statement form, Transcript Order form and CJA 24 form may be obtained from the Fourth Circuit website at www.ca4.uscourts.gov (Banias, Bradley)
July 14, 2015 Filing 292 JUDGMENT in favor of Defendants AWC Holding Company, Alenco Holding Corporation, MW Manufacturers Inc, MWM Holdings Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc against the Plaintiff, The Muhler Company Inc. (vdru, )
July 13, 2015 Opinion or Order Filing 291 ORDER granting #247 Motion for Summary Judgment. It is ordered that the Defendants' motion for summary judgment on the Plaintiff's state law claims is granted, and this matter is ended. Signed by Honorable Sol Blatt, Jr on 7/13/15.(hhil, )
May 6, 2015 Filing 290 TEXT ORDER granting in part #288 Motion to Amend. It is ordered that all scheduling order deadlines will be stayed until the Court decides the pending motions. Entered at the Direction of The Honorable Sol Blatt, Jr on 5/6/2015. (vdru, )
May 4, 2015 Filing 289 RULE 26(a)(3)PRETRIAL DISCLOSURES by AWC Holding Company, Alenco Holding Corporation, MW Manufacturers Inc, MWM Holdings Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc. Objections to PreTrial Disclosures due by 5/21/2015.(Pharr, Steve)
April 30, 2015 Filing 288 MOTION to Amend/Correct the Seventh Amended Scheduling Order by Muhler Company Inc, The. Response to Motion due by 5/18/2015. (Attachments: #1 Memo in Support)Proposed order is being emailed to chambers with copy to opposing counsel.(Banias, Bradley)
April 27, 2015 Opinion or Order Filing 287 ORDER granting #286 Motion for Extension of Time. It is ordered that the deadline for the parties to file and exchange 26(a)(3) disclosures is extended until 5/4/2015. Signed by Honorable Sol Blatt, Jr on 4/27/2015.(vdru, )
April 27, 2015 Filing 286 Consent MOTION for Extension of Time by Muhler Company Inc, The. Response to Motion due by 5/15/2015. Proposed order is being emailed to chambers with copy to opposing counsel.(Banias, Bradley)
April 27, 2015 Filing 285 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of motion hearing held on 4-16-15, before Judge Sol Blatt, Jr. Court Reporter/Transcriber Debra Potocki, Telephone number/E-mail 843-723-2208/potockidebra@bellsouth.net. 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 have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction.. Redaction Request due 5/18/2015. Redacted Transcript Deadline set for 5/28/2015. Release of Transcript Restriction set for 7/27/2015. Associated Cases: 2:11-cv-00862-SB, 2:13-cv-00850-RMG, 2:13-cv-01843-SB(dpotocki, )
April 16, 2015 Filing 284 Minute Entry. Proceedings held before Honorable Sol Blatt, Jr: taking under advisement #247 Motion for Summary Judgment; Motion Hearing held on 4/16/2015 re #247 MOTION for Summary Judgment as to Plaintiff's State Law Claims filed by Ply Gem Industries Inc, AWC Holding Company, Ply Gem Holdings Inc, Alenco Holding Corporation, MW Manufacturers Inc, MWM Holdings Inc. Court Reporter Debbie Potocki. (jwol, )
April 14, 2015 Filing 283 SUPPLEMENT: Supplemental Demonstrative Exhibit to #251 RESPONSE in Opposition re #247 MOTION for Summary Judgment as to Plaintiff's State Law Claims by Muhler Company Inc, The Demonstrative Exhibit. (Banias, Bradley) Modified to link event to associated event on 4/15/2015 (vdru, ).
April 2, 2015 Filing 282 NOTICE of Hearing on Motion #247 MOTION for Summary Judgment as to Plaintiff's State Law Claims : Motion Hearing set for 4/16/2015 at 11:00 AM in Charleston Courtroom 3, Hollings Judicial Center, 83 Meeting St, Charleston before Honorable Sol Blatt Jr. (vdru, )
March 19, 2015 Filing 281 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings. Hearing held on December 15, 2014, before Judge Sol Blatt, Jr.. Court Reporter/Transcriber Amy Diaz, Telephone number/E-mail jmarkdiaz@att.net. 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 have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction.. Redaction Request due 4/9/2015. Redacted Transcript Deadline set for 4/20/2015. Release of Transcript Restriction set for 6/17/2015. (adia, )
January 27, 2015 Filing 279 SEVENTH AMENDED SCHEDULING ORDER: Motion in Limine due by 5/7/2015, Motions due by 4/23/2015, Pretrial Briefs due by 6/15/2015, Jury Selection Deadline 6/22/2015, Mediation Due by 6/3/2015. Signed by Honorable Sol Blatt, Jr on 1/26/2015. (vdru, )
January 23, 2015 Filing 278 MOTION to Amend/Correct the Sixth Amended Scheduling Order by Muhler Company Inc, The. Response to Motion due by 2/9/2015. (Attachments: #1 Memo in Support)Proposed order is being emailed to chambers with copy to opposing counsel.(Banias, Bradley)
December 17, 2014 Opinion or Order Filing 276 ORDER denying #252 Plaintiff's MOTION for Reconsideration re #217 Summary Judgment and granting #266 Plaintiff's MOTION to Amend the scheduling order. The parties' motions in limine are now due by 2/6/2015 and mediation shall be completed on or before 3/5/2015. Defendants' #247 MOTION for Summary Judgment will be heard at a later date. Signed by Honorable Sol Blatt, Jr on 12/16/2014. (vdru, ) Modified to edit text on 3/12/2015 (vdru, ).
December 15, 2014 Filing 275 Minute Entry. Proceedings held before Honorable Sol Blatt, Jr: denying #252 Motion for Reconsideration ; Motion Hearing held on 12/15/2014 re #252 MOTION for Reconsideration re #217 Summary Judgment, filed by Muhler Company Inc, The, #247 MOTION for Summary Judgment as to Plaintiff's State Law Claims filed by Ply Gem Industries Inc, AWC Holding Company, Ply Gem Holdings Inc, Alenco Holding Corporation, MW Manufacturers Inc, MWM Holdings Inc. Hearing is continued and will be rescheduled at a later date. Court Reporter Amy Diaz. (cper, )
November 24, 2014 Filing 274 RESPONSE in Opposition re #266 MOTION to Amend/Correct the Sixth Amended Scheduling Order Response filed by AWC Holding Company, Alenco Holding Corporation, MW Manufacturers Inc, MWM Holdings Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc.Reply to Response to Motion due by 12/4/2014 (Pharr, Steve)
November 18, 2014 Filing 273 DECLARATION by AWC Holding Company, MW Manufacturers Inc, MWM Holdings Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc, Ply Gem Industries Inc. (Pharr, Steve)
November 18, 2014 Filing 272 MOTION in Limine to Exclude the Expert Testimony Offered by Plaintiff Through Lay Witnesses by AWC Holding Company, Alenco Holding Corporation, MW Manufacturers Inc, MWM Holdings Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc. Response to Motion due by 12/5/2014. (Attachments: #1 Memo in Support of Motion in Limine, #2 Exhibit A- Portions of Henry Hay February 28, 2012, Deposition Transcript, #3 Exhibit B- Portions of Steve Munsey April 27, 2012, Deposition Transcript, #4 Exhibit C- Portions of Henry Hay May 25, 2012, #5 Exhibit D- Portions of April 8, 2013 Transcript of Motion Hearing)Proposed order is being emailed to chambers with copy to opposing counsel.(Pharr, Steve)
November 18, 2014 Filing 271 MOTION in Limine of Defendants to Exclude Plaintiff's Evidence of Alleged Damages by AWC Holding Company, Alenco Holding Corporation, MW Manufacturers Inc, MWM Holdings Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc. Response to Motion due by 12/5/2014. (Attachments: #1 Memo in Support of Motion in Limine, #2 Exhibit A- Portion of April 8, 2013 Transcript of Motion Hearing, #3 Exhibit B- Henry Hay Calculations, #4 Exhibit C- Portions of Henry Hay May 25, 2012, Deposition Transcript, #5 Exhibit D- Portions of Henry Hay February 28, 2012, Deposition Transcript, #6 Exhibit E- Portions of Steve Munsey April 27, 2012, Deposition Transcript, #7 Exhibit F- Plaintiff's Rule 26(a)(1) Disclosures, #8 Exhibit G- Plaintiff's Amended Responses to Defendants' Second Set of Discovery Requests, #9 Exhibit H- Portions of Claire Richardson June 7, 2012, Deposition Transcript, #10 Exhibit I- Portions of Gary Margolis June 7, 2012, Deposition Transcript, #11 Exhibit J- Bates Labeled Document MUHLER 000338, #12 Supporting Documents Unpublished Caselaw)Proposed order is being emailed to chambers with copy to opposing counsel.(Pharr, Steve)
November 18, 2014 Filing 270 MOTION in Limine of Defendants to Exclude Plaintiff's Expert's Testimony by AWC Holding Company, Alenco Holding Corporation, MW Manufacturers Inc, MWM Holdings Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc. Response to Motion due by 12/5/2014. (Attachments: #1 Memo in Support of the Motion in Limine to Exclude Plaintiff's Expert's Testimony, #2 Exhibit A- Do Kim letter dated September 17, 2012, #3 Exhibit B- Portions of February 28, 2012, Henry Hay Deposition Transcript, #4 Exhibit C- Portions of January 22, 2013, Larry Wozniak Deposition Transcript, #5 Exhibit D- Portions of May 3, 2012, Do Yeon Kim Deposition Transcript, #6 Supporting Documents Unpublished Caselaw)Proposed order is being emailed to chambers with copy to opposing counsel.(Pharr, Steve)
November 18, 2014 Filing 269 Second MOTION in Limine to Exclude Certain Articles and Internet Printouts by AWC Holding Company, Alenco Holding Corporation, MW Manufacturers Inc, MWM Holdings Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc. Response to Motion due by 12/5/2014. (Attachments: #1 Exhibit A- Article: Windowwizards, #2 Exhibit B- Weber Notes from AAMA website, #3 Exhibit C- Powerpoint: Residential Windows 101, #4 Exhibit D- Article: Designing, Specifying, and Testing Windows for Water Resistance, #5 Exhibit E- Article: Quality Glossary, #6 Exhibit F- Article: American National Standard, #7 Exhibit G- Article: Back to Some Basics, #8 Exhibit H- Online Article: Building Envelope Design Guide--Windows, #9 Exhibit I- FAQ from Architectural Testing, #10 Exhibit J- Expert Report of Do Kim December 9, 2011, #11 Exhibit K- Amended Expert Report of Do Kim, January 30, 2012)Proposed order is being emailed to chambers with copy to opposing counsel.(Pharr, Steve)
November 18, 2014 Filing 268 Second MOTION in Limine to Exclude Evidence of Florida Building Code by AWC Holding Company, Alenco Holding Corporation, MW Manufacturers Inc, MWM Holdings Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc. Response to Motion due by 12/5/2014. (Attachments: #1 Exhibit A- Florida Building Code 2004, #2 Exhibit B- Expert Report of Do Kim, #3 Exhibit C- Deposition Transcript of Do Kim)Proposed order is being emailed to chambers with copy to opposing counsel.(Pharr, Steve)
November 18, 2014 Filing 267 Second MOTION in Limine to Limit Evidence to the Subject Windows by AWC Holding Company, Alenco Holding Corporation, MW Manufacturers Inc, MWM Holdings Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc. Response to Motion due by 12/5/2014. (Attachments: #1 Exhibit A- Fenestration Analysis of Ply Gem Wondow Tests and Product Labels, December 9, 2011, #2 Exhibit B- Fenestration Analysis of Ply Gem Wondow Tests and Product Labels, January 30, 2012, #3 Exhibit C- Do Y. Kim Letter to Plaintiff's Counsel, September 17, 2012, #4 Exhibit D- Portions of Henry Hay May 25, 2012, Deposition Transcript)Proposed order is being emailed to chambers with copy to opposing counsel.(Pharr, Steve)
November 17, 2014 Filing 266 MOTION to Amend/Correct the Sixth Amended Scheduling Order by Muhler Company Inc, The. Response to Motion due by 12/4/2014. (Attachments: #1 Memo in Support)Proposed order is being emailed to chambers with copy to opposing counsel.(Banias, Bradley)
November 10, 2014 Filing 265 REPLY to Response to Motion re #252 MOTION for Reconsideration re #217 Summary Judgment, Response filed by Muhler Company Inc, The. (Banias, Bradley)
November 5, 2014 Filing 264 SUR REPLY to #258 Defendant Ply Gem's REPLY in support of #247 MOTION for Summary Judgment as to Plaintiff's State Law Claims Response filed by Muhler Company Inc, The. Filed by Clerk per Judge Blatt's Order (ECF #263) (vdru, )
November 5, 2014 Opinion or Order Filing 263 ORDER granting #260 Motion for Leave to File Surreply (ECF #260). The Clerk of Court is ordered to file the surreply attached to the Plaintiff's motion. Signed by Honorable Sol Blatt, Jr on 11/4/2014.(vdru, )
November 5, 2014 Filing 262 NOTICE OF RESCHEDULED HEARING: The Motion Hearing previously set for 11/25/2014 is cancelled and rescheduled to: Please be advised that the Motion Hearing on Motion for Summary Judgment (247) and MOTION for Reconsideration (252) is rescheduled to 12/15/2014 at 03:00 PM in Charleston Courtroom 3, U. S. Court House, 81 Meeting St, Charleston before Honorable Sol Blatt Jr. (vdru, )
November 4, 2014 Filing 261 RESPONSE to Motion re #260 MOTION for Leave to File a Surreply Response filed by AWC Holding Company, Alenco Holding Corporation, MW Manufacturers Inc, MWM Holdings Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc.Reply to Response to Motion due by 11/17/2014 (Pharr, Steve)
November 3, 2014 Filing 260 MOTION for Leave to File a Surreply by Muhler Company Inc, The. Response to Motion due by 11/20/2014. (Attachments: #1 Exhibit A: Proposed Surreply)Proposed order is being emailed to chambers with copy to opposing counsel.(Banias, Bradley)
October 30, 2014 Filing 259 RESPONSE in Opposition re #252 MOTION for Reconsideration re #217 Summary Judgment, Response filed by AWC Holding Company, Alenco Holding Corporation, MW Manufacturers Inc, MWM Holdings Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc.Reply to Response to Motion due by 11/10/2014 (Attachments: #1 Exhibit A: Portions of Motion Hearing Transcript of April 8, 2013)(Pharr, Steve) (Main Document 259 replaced on 12/12/2014) (vdru, ). Modified to replace with corrected document at filer's request on 12/12/2014 (vdru, ).
October 27, 2014 Filing 258 REPLY to Response to Motion re #247 MOTION for Summary Judgment as to Plaintiff's State Law Claims Response filed by AWC Holding Company, Alenco Holding Corporation, MW Manufacturers Inc, MWM Holdings Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc. (Attachments: #1 Exhibit O- Plaintiff's Second Amended Notice of Rule 30(b)(6) of Defendants, #2 Exhibit P- Portions of O'Kane 30(b)(6) Deposition Transcript of April 27, 2012, #3 Exhibit Q- Portions of Hay 30(b)(6) Deposition Transcript of May 25, 2012, #4 Exhibit R- Portions of Hay Deposition Transcript of February 28, 2012, #5 Exhibit S- Portions of Barber Deposition Transcript of October 16, 2013, #6 Exhibit Portions of Cave Deposition Transcript of October 16, 2013, #7 Exhibit Portions of Hopkins Deposition Transcript of October 16, 2013)(Pharr, Steve)
October 22, 2014 Filing 257 NOTICE OF RESCHEDULED HEARING - The Motion Hearing previously set for 11/19/2014 is cancelled and rescheduled: Please be advised that the Motion Hearing is RESCHEDULED to Tuesday, 11/25/2014 at 11:00 AM in Charleston Courtroom 3, U. S. Court House, 81 Meeting St, Charleston before Honorable Sol Blatt Jr. (vdru, )
October 22, 2014 Filing 256 NOTICE of Hearing on Motion #247 MOTION for Summary Judgment as to Plaintiff's State Law Claims and #252 MOTION for Reconsideration re #217 Summary Judgment, : Motion Hearing set for Wednesday, 11/19/2014 at 11:00 AM in Charleston Courtroom 3, U. S. Court House, 81 Meeting St, Charleston before Honorable Sol Blatt Jr. (vdru, )
October 20, 2014 Filing 255 NOTICE of Cancellation of Hearing: Please be advised that the hearing on the MOTION for Summary Judgment (#247) and the MOTION for Reconsideration (#252) previouly set for Wednesday, 11/12/2014 at 11:00 AM is CANCELLED and will be rescheduled. (vdru, )
October 17, 2014 Filing 254 Letter from Steve M. Pharr. (Attachments: #1 Main Document Letter to the Honorable Sol Blatt, Jr. regarding hearing conflict, #2 Supporting Documents letter to the Honorable Brooks P. Goldsmith regarding hearing conflict)(Pharr, Steve)
October 16, 2014 Filing 253 NOTICE of Hearing on Motion #247 MOTION for Summary Judgment as to Plaintiff's State Law Claims, #252 MOTION for Reconsideration re #217 Summary Judgment, : Motion Hearing set for Wednesday, 11/12/2014 at 11:00 AM in Charleston Courtroom 3, U. S. Court House, 81 Meeting St, Charleston before Honorable Sol Blatt Jr. (vdru, )
October 13, 2014 Filing 252 MOTION for Reconsideration re #217 Summary Judgment, by Muhler Company Inc, The. Response to Motion due by 10/30/2014. (Attachments: #1 Memo in Support of Plaintiff's Motion to Reconsider)No proposed order.(Banias, Bradley)
October 13, 2014 Filing 251 RESPONSE in Opposition re #247 MOTION for Summary Judgment as to Plaintiff's State Law Claims Response filed by Muhler Company Inc, The.Reply to Response to Motion due by 10/23/2014 (Attachments: #1 Exhibit Exhibit List, #2 Exhibit A-Dep of Arthur; B-Dep of Hay; C-Dep of Richardson; D-Dep of Muhler 30(b)(6); E-Aff of Barber; F-Aff of Cave; G-Aff of Hopkins; H-Aff of Margolis; I-Aff of Nimchuk; J: Aff of Sykora; K-Decl of Hay; L-Kim Report; M-Kim Supp Report; N-Labels)(Banias, Bradley) Modified to reference supplemental exhibit #283 on 4/15/2015 (vdru, ).
September 24, 2014 Opinion or Order Filing 250 ORDER granting #245 Motion to Seal Document. The Court concludes that Exhibit K shall be filed under Seal. Signed by Honorable Sol Blatt, Jr on 9/23/2014.(vdru, )
September 18, 2014 Opinion or Order Filing 249 ORDER granting #248 Motion for Extension of Time to File Response/Reply re #247 MOTION for Summary Judgment as to Plaintiff's State Law Claims Plaintiff's Response to Motion due by 10/13/2014. Defendants' due by 10/27/2014. Signed by Honorable Sol Blatt, Jr on 9/17/2014.(vdru, )
September 16, 2014 Filing 248 Consent MOTION for Extension of Time to File Response/Reply by Muhler Company Inc, The. Response to Motion due by 10/3/2014. Proposed order is being emailed to chambers with copy to opposing counsel.(Banias, Bradley)
September 4, 2014 Filing 247 MOTION for Summary Judgment as to Plaintiff's State Law Claims by AWC Holding Company, Alenco Holding Corporation, MW Manufacturers Inc, MWM Holdings Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc. Response to Motion due by 9/22/2014. (Attachments: #1 Memo in Support of Motion for Summary Judgment, #2 Exhibit A Transcript of April 8, 2013 Motion Hearing, #3 Exhibit B Fourth Circuit Order of January 22, 2014, #4 Exhibit C- Portions of Liam OKane April 27, 2012, Deposition Transcript, #5 Exhibit D- Portions of Henry Muhler Hay February 28, 2012, Deposition Transcript, #6 Exhibit E- Portions of Henry Muhler Hay May 25, 2012, Deposition Transcript, #7 Exhibit F- Portions of Steve Munsey April 27, 2012, Deposition Transcript, #8 Exhibit G- Portions of Henry Hay January 24, 2012, (outside matter) Deposition Transcript, #9 Exhibit H- Exhibit 15 of Hay February 28, 2012, Deposition, #10 Exhibit I- Portions of Mike Bowie April 26, 2012, Deposition Transcript, #11 Exhibit J- Hay Daytimer Damages (handwritten), #12 Exhibit K- (previously submitted), #13 Exhibit L- Portions of Do Yeon Kim May 3, 2012, Deposition Transcript, #14 Exhibit M- Exhibit 16 and 17 of the Hay, February 28, 2012, Deposition, #15 Exhibit N- Exhibit 14 of the Hay, February 28, 2012, Deposition)Proposed order is being emailed to chambers with copy to opposing counsel.(Pharr, Steve)
September 3, 2014 Filing 246 CONSENT SIXTH AMENDED SCHEDULING ORDER: Defendant's Motions for Summary Judgment due by 10/2/2014, Other Motions due by 1/23/2015, Motion in Limine due by 11/18/2014, Rule 26(a)(3) Disclosures due by 1/26/2015, Pretrial Briefs due by 3/17/2015, Jury Selection Deadline 3/24/2015, Mediation Due by 12/12/2014. Signed by Honorable Sol Blatt, Jr on 9/2/2014. (vdru, )
September 2, 2014 Filing 245 MOTION to Seal Document of Defendants by AWC Holding Company, Alenco Holding Corporation, MW Manufacturers Inc, MWM Holdings Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc. Response to Motion due by 9/19/2014. (Attachments: #1 Exhibit 1 Portions of the 30(b)(6) Muhler Transcript (May 25, 2012), #2 Exhibit 2 Non-Confidential Index of the Documents at Issue)Proposed order is being emailed to chambers with copy to opposing counsel.(Pharr, Steve)
August 6, 2014 Filing 244 Minute Entry. Proceedings held before Honorable Sol Blatt, Jr: Status Conference held on 8/6/2014. Case continued, parties do not have to attend the Bar Meeting scheduled for 8/27. Parties to submit new proposed scheduling orders. Court Reporter Amy Diaz. (jwol, )
July 29, 2014 Filing 243 NOTICE of Hearing: Status Conference set for Wednesday, 8/6/2014 at 11:00 AM in Charleston Courtroom 3, U. S. Court House, 81 Meeting St, Charleston before Honorable Sol Blatt Jr. (vdru, )
July 25, 2014 Filing 242 NOTICE of Appearance by Bradley Bruce Banias on behalf of Muhler Company Inc, The (Banias, Bradley)
July 25, 2014 Filing 241 NOTICE of Appearance by Morris Dawes Cooke, Jr on behalf of Muhler Company Inc, The (Cooke, Morris)
July 25, 2014 Filing 240 NOTICE of Appearance by Andrew Kenneth Epting, Jr on behalf of Muhler Company Inc, The (Epting, Andrew)
July 24, 2014 Filing 239 NOTICE of Hearing: Bar Meeting set for 8/27/2014 at 10:30 AM in Charleston Courtroom 3, U. S. Court House, 81 Meeting St, Charleston before Honorable Sol Blatt Jr. Jury Selection set for 9/16/2014 at 11:00 AM in Charleston Courtroom 3, U. S. Court House, 81 Meeting St, Charleston before Honorable Sol Blatt Jr.(vdru, )
July 22, 2014 Filing 237 CONSENT ORDER for Withdrawal of Counsel for Plaintiff. It is ordered that the lawyers and their firms are relieved as counsel of record for Plaintiff Muhler, and Muhler is given 30 days from the filing of this Order to substitute counsel. Signed by Honorable Sol Blatt, Jr on 7/22/2014. (vdru, )
April 4, 2014 Opinion or Order Filing 236 ORDER re #235 Notice of Request for Protection from Court Appearance. Steve M. Pharr is protected from Court appearances from May 26, 2014 through May 30, 2014. Signed by Honorable Sol Blatt, Jr on 4/4/2014. (vdru, )
April 3, 2014 Filing 235 NOTICE of Request for Protection from Court Appearance by Steve M Pharr for May 26, 2014 through May 30, 2014 (Attachments: #1 Proposed Order)(Pharr, Steve)
March 4, 2014 Opinion or Order Filing 234 ORDER re #233 Notice of Request for Protection from Court Appearance, filed by The Muhler Company Inc. Jay Davis is granted protection from court appearances in this case from March 3, 2014 through March 8, 2014 ; March 26, 2014 through April 2, 2014 ; June 9, 2014 through June 18, 2014 and July 28, 2014 through August 6, 2014. Signed by Honorable Sol Blatt, Jr on 3/4/2014. (vdru, )
February 28, 2014 Filing 233 NOTICE of Request for Protection from Court Appearance by Donald Jay Davis, Jr for March 3, 2014 through and including March 8, 2014 to attend FDCC meeting; March 26, 2014 through and including April 2, 2014 for family vacation; June 9, 2014 through and including June 18, 2014 for family vacation and July 28, 2014 through and including August 6, 2014 to attend FDCC meeting Associated Cases: 2:11-cv-00862-SB, 2:13-cv-01843-SB(Davis, Donald)
February 6, 2014 Filing 232 USCA MANDATE and ORDER as to #219 Notice of Appeal filed by The Muhler Company Inc. The Court dismisses this appeal without prejudice pursuant to Fed. R. App. P. 42(b), in accordance with the parties' joint response. (Attachments: #1 4CCA Order)(vdru, )
December 20, 2013 Filing 228 SUPPLEMENT by Muhler Company Inc, The to (227 in 2:11-cv-00862-SB) Order, Notice of Appellate Filing Relating to Doc. 227. (Attachments: #1 Exhibit 1: Appellant's Notification to 4CCA of Action taken by District Court.)Associated Cases: 2:11-cv-00862-SB, 2:13-cv-01843-SB(Davis, Donald) Modified to edit text on 12/23/2013 (vdru, ).
December 13, 2013 Opinion or Order Filing 227 ORDER re #216 Order: The Court amends its April 9, 2013 Order (ECF #216) by reinstating the Plaintiff's state law claims in this action. However, the Court certifies an immediate appeal of the denial of the Plaintiff's Lanham Act claim thereby allowing the appeal that was underway to proceed should the Fourth Circuit Court of Appeals permit the appeal to continue at this time. Signed by Honorable Sol Blatt, Jr on 12/12/2013. (vdru, )
December 5, 2013 Opinion or Order Filing 226 ORDER of USCA as to #219 Notice of Appeal, filed by Muhler Company Inc., granting the request of the district court for a limited remand to correct its November 7, 2013 order dismissing state law claims in this case. The case is remanded to the district court pursuant to Federal Rule of Civil Procedure 60(a) for the limited purpose of correction of a mistake. (vdru, )
November 15, 2013 Filing 225 REPLY by Muhler Company Inc, The to #222 Order,, . (Attachments: #1 Exhibit Response to Court's Request for Leave from the Court of Appeals Pursuant to Rule 60(a))(Davis, Donald)
November 8, 2013 Filing 224 ASSEMBLED SUPPLEMENTAL ELECTRONIC RECORD TRANSMITTED TO FOURTH CIRCUIT COURT OF APPEALS re #219 Notice of Appeal, Electronic record successfully transmitted. Order dated 11/7/13. (jwol, )
November 7, 2013 Opinion or Order Filing 222 ORDER seeking leave from the appellate court for a grant of limited remand to allow the Court to correct its mistake and reinstate the Plaintiff's state law claims in this case. Upon remand, the Court will proceed with the state law claims but will certify an interlocutory appeal of its denial of the Plaintiff's Lanham Act claim, pursuant to 28 U.S. C. 1292(b), thereby allowing the appeal that is currently underway to proceed should the appellate court, in its discretion, permit the appeal to continue at this time. Further details set forth in Order. Signed by Honorable Sol Blatt, Jr on 11/7/13. (jwol, )
May 3, 2013 Filing 220 Transmittal Sheet for Notice of Appeal to USCA re #219 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. (vdru, )
May 2, 2013 Filing 219 NOTICE OF APPEAL as to #166 Order on Motion for Protective Order, Order on Motion to Compel,,,, 187 Order on Motion for Reconsideration,,,, 215 Order on Motion for Summary Judgment, Motion Hearing,, #217 Summary Judgment, #201 Order on Motion to Compel, #216 Order,, by Muhler Company Inc, The. - Filing fee $ 455, receipt number 0420-4699869. The Docketing Statement form, Transcript Order form and CJA 24 form may be obtained from the Fourth Circuit website at www.ca4.uscourts.gov (Davis, Donald)
April 24, 2013 Filing 218 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings. Motion Hearing held on April 8, 2013, before Judge Sol Blatt, Jr.. Court Reporter/Transcriber Amy Diaz, Telephone number/E-mail 367-4604. 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 have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction.. Redaction Request due 5/15/2013. Redacted Transcript Deadline set for 5/28/2013. Release of Transcript Restriction set for 7/23/2013. (adia, )
April 9, 2013 Filing 217 SUMMARY JUDGMENT entered in favor of Defendant Ply Gem Holdings, Inc., with prejudice. The Court declines to exercise supplemental jurisdiction over the Plaintiff's remaining state law claims and dismisses those claims without prejudice. (jwol, ) Modified to correct text on 4/10/2013 (jwol, ).
April 9, 2013 Opinion or Order Filing 216 ORDERED that the Defendants' motion for summary judgment is granted insofar as the Court finds that the Plaintiff lacks standing to sue the Defendants pursuant to section 1125(1) of the Lanham Act. The Court declines to exercise supplemental jurisdiction over the Plaintiff's remaining state law claims and dismisses those claims without prejudice. Based on the foregoing, any remaining motions are deemed moot, and this matter is ended. Signed by Honorable Sol Blatt, Jr on 4/8/13. (jwol, ) (Main Document 216 replaced on 4/10/2013) (jwol, ).
April 8, 2013 Filing 215 Minute Entry. Proceedings held before Honorable Sol Blatt, Jr: granting #167 Motion for Summary Judgment and dismissing the State law claims without prejudice; Motion Hearing held on 4/8/2013 re #167 MOTION for Summary Judgment filed by Ply Gem Industries Inc, AWC Holding Company, Ply Gem Holdings Inc, Alenco Holding Corporation, MW Manufacturers Inc, MWM Holdings Inc. Court Reporter Amy Diaz. (jwol, )
April 6, 2013 Filing 214 AFFIDAVIT re #211 Supplement,,, Respone to Plaintiff's Supplement by AWC Holding Company, Alenco Holding Corporation, MW Manufacturers Inc, MWM Holdings Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc, Ply Gem Industries Inc. (Attachments: #1 Exhibit A: Invoice for order entered 2/15/13 dated 2/26/13, #2 Exhibit B: Service Request Form, #3 Exhibit C: Invoice for order entered 3/27/13 dated 4/5/13 , #4 Exhibit D: Invoice for order entered 4/2/13 dated 4/5/13)(Pharr, Steve) Modified to add descriptions to exhibits on 4/9/2013 (vdru, ).
April 5, 2013 Filing 213 MOTION to Strike #211 Supplement,,, by AWC Holding Company, Alenco Holding Corporation, MW Manufacturers Inc, MWM Holdings Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc, Ply Gem Industries Inc. Response to Motion due by 4/22/2013. (Attachments: #1 Exhibit A- Invoice, #2 Exhibit B- Ply Gem Service Request Form, #3 Exhibit C- Affidavit of Steven Munsey)Proposed order is being emailed to chambers with copy to opposing counsel.(Pharr, Steve)
April 5, 2013 Filing 212 MOTION for Leave to File Out of Time and/or Acceptance of Filing by Muhler Company Inc, The. Response to Motion due by 4/22/2013. Proposed order is being emailed to chambers with copy to opposing counsel.(Lucey, Justin)
April 4, 2013 Filing 211 SUPPLEMENT with ADDITIONAL ATTACHMENTS by Muhler Company Inc, The to #173 Response in Opposition to Motion, . (Attachments: #1 Exhibit 1 - Affidavit of Tom Winters (dated January 4, 2013), #2 Exhibit 2 - Affidavit of Deron Hart (dated January 4, 2013), #3 Exhibit 3 - Affidavit of Steven Munsey (dated January 4, 2013), #4 Exhibit 4 - Affidavit of Melissa Hopkins (dated January 9, 2013), #5 Exhibit 5 - Affidavit of Tim Sossamon (dated January 18, 2013), #6 Exhibit 6 - Affidavit of Freeman Barber (dated April 3, 2013), #7 Exhibit 7 - Ply Gem Holding Inc.s Form 8K (March 16, 2012), #8 Exhibit 8 - Ply Gem Holding Inc.s Form 8K (March 15, 2013), #9 Exhibit 9 - Extracts from Ply Gems Website (dated April 1, 2013), #10 Exhibit 10 - Window & Door Magazine Article (Aug. 2009), #11 Exhibit 11 - HomeSphere BRI Partner Listing (2012))(Lucey, Justin) Modified to edit text on 4/5/2013 (vdru, ).
March 15, 2013 Filing 210 AFFIDAVIT of Tom Winters re #201 Order on Motion to Compel, by AWC Holding Company, Alenco Holding Corporation, MW Manufacturers Inc, MWM Holdings Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc. (Pharr, Steve)
March 15, 2013 Filing 209 AFFIDAVIT of Deron Hart re #201 Order on Motion to Compel, by AWC Holding Company, Alenco Holding Corporation, MW Manufacturers Inc, MWM Holdings Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc. (Pharr, Steve)
March 15, 2013 Filing 208 AFFIDAVIT of Steven Munsey re #201 Order on Motion to Compel, by AWC Holding Company, Alenco Holding Corporation, MW Manufacturers Inc, MWM Holdings Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc. (Pharr, Steve)
March 15, 2013 Filing 207 AFFIDAVIT of Christopher Pickering re #201 Order on Motion to Compel, by AWC Holding Company, Alenco Holding Corporation, MW Manufacturers Inc, MWM Holdings Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc, Ply Gem Industries Inc. (Pharr, Steve)
March 15, 2013 Filing 206 AFFIDAVIT in Support and Certificate of Service re #201 Order on Motion to Compel, Second Affidavit of Liam O'Kane. (Pharr, Steve) Modified to add text on 3/18/2013 (vdru, ).
March 14, 2013 Opinion or Order Filing 205 ORDER granting #203 Notice of Request for Protection from Court Appearance, filed by Muhler Company Inc. D. Jay Davis, Jr. is protected from Court Appearances from March 25, 2013 through April 3, 2013; May 30, 2013 through June 7, 2013; and July 29, 2013 through August 9, 2013. Signed by Honorable Sol Blatt, Jr on 3/13/2013. (vdru, )
March 13, 2013 Filing 204 NOTICE OF RESCHEDULED HEARING on MOTION for Summary Judgment (#167) and MOTION to Amend Complaint (#138). The Hearing previously set for 4/2/2013 at 11:00 AM is cancelled and rescheduled to: Motion Hearing set for 4/8/2013 at 03:00 PM in Charleston Courtroom 3, U. S. Court House, 81 Meeting St, Charleston before Honorable Sol Blatt Jr. (vdru, )
March 12, 2013 Filing 203 NOTICE of Request for Protection from Court Appearance by Donald Jay Davis, Jr for March 25, 2013 through and including April 3, 2013; May 30, 2013 through and including June 7, 2013; and July 29, 2013 through and including August 9, 2013 (Davis, Donald)
March 12, 2013 Filing 202 NOTICE of Hearing on Motion #167 MOTION for Summary Judgment and #138 MOTION to Amend/Correct Complaint : Motion Hearing set for Tuesday, 4/2/2013 at 11:00 AM in Charleston Courtroom 3, U. S. Court House, 81 Meeting St, Charleston before Honorable Sol Blatt Jr. (vdru, )
March 1, 2013 Opinion or Order Filing 201 ORDER granting in part and denying in part #196 Motion to Compel as set forth herein. All responsive documents ordered to be produced, including affidavits, should be produced to the Plaintiff within fifteen (15) days of the date of this Order. Signed by Magistrate Judge Bristow Marchant on 3/1/2013.(cwhi, )
February 14, 2013 Filing 200 REPLY to Response to Motion re #196 MOTION to Compel Compliance with December 20, 2012 Ruling and Order Response filed by Muhler Company Inc, The. (Lucey, Justin)
February 4, 2013 Filing 199 RESPONSE in Opposition re #196 MOTION to Compel Compliance with December 20, 2012 Ruling and Order Response filed by AWC Holding Company, Alenco Holding Corporation, MW Manufacturers Inc, MWM Holdings Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc, Ply Gem Industries Inc.Reply to Response to Motion due by 2/14/2013 (Attachments: #1 Exhibit A - Portion of Steven Munsey Deposition Transcript (September 25, 2012), #2 Exhibit B - Portion of Deron Hart Deposition Transcript (September 26, 2012), #3 Exhibit C - January 15, 2013 Correspondence to Defendant from Plaintiff, #4 Exhibit D - January 22, 2013 Correspondence to Judge Blatt, Jr. from Plaintiff, #5 Exhibit E - Portion of Larry Wozniak Deposition Transcript (January 22, 2013), #6 Exhibit F - Portion of Henry Muhler Hay, III Deposition Transcript (February 28, 2012), #7 Exhibit G - List of Suppliers, #8 Exhibit H - Portion of Henry Muhler Hay, III Deposition Transcript (May 25, 2012), #9 Exhibit I - The 600 Series Color Brochure, #10 Exhibit J - Portion of Liam O'Kane Deposition Transcript (April 27, 2012))(Pharr, Steve)
January 22, 2013 Filing 198 TEXT ORDER REFERRING MOTION: #196 MOTION to Compel Compliance with December 20, 2012 Ruling and Order filed by The Muhler Company Inc. Entered at the Direction of The Honorable Sol Blatt, Jr on 1/22/2013. Motions referred to Bristow Marchant.(vdru, )
January 22, 2013 Filing 197 NOTICE of Cancellation of Hearing: Please be advised that the hearing on #167 MOTION for Summary Judgment and #138 MOTION to Amend Complaint previously set for Monday, 1/28/2013 is CANCELLED. The Court has cancelled the hearing based on Plaintiff's request and will reschedule the hearing on Motions #138 and #167 after Plaintiff's Motion to Compel (#196) is referred to and handled by Magistrate Judge Marchant. (vdru, )
January 18, 2013 Filing 196 MOTION to Compel Compliance with December 20, 2012 Ruling and Order by Muhler Company Inc, The. Response to Motion due by 2/4/2013. (Attachments: #1 Exhibit Exhibit A - December 2012 Ruling and Order, #2 Exhibit Exhibit B- January 17, 2013 Letter from Steve Pharr, #3 Exhibit Exhibit C - Ply Gem Affidavits)Proposed order is being emailed to chambers with copy to opposing counsel.(Lucey, Justin) (Attachment 3 replaced on 1/18/2013) (vdru, ). Modified to replace incorrect document with correct document per filing user's request on 1/18/2013 (vdru, ).
January 14, 2013 Filing 195 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of motion hearing held on 12-20-12, before Judge Bristow Marchant. Court Reporter/Transcriber O'Brien/Potocki, Telephone number/E-mail 843-723-2208/potockidebra@bellsouth.net. 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 have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction.. Redaction Request due 2/4/2013. Redacted Transcript Deadline set for 2/14/2013. Release of Transcript Restriction set for 4/15/2013. (dpotocki, )
January 4, 2013 Filing 194 DELETION OF DOCKET ENTRY NUMBER 192 Reason: Attorney refiled document with corrected signature.Corrected Filing Document Number #193 . Modified filing date to that of original filing: 1/4/2013 (vdru, )
January 4, 2013 Filing 193 AFFIDAVIT in Support re #167 MOTION for Summary Judgment and Notice of Filing Response filed by Ply Gem Holdings Inc, Ply Gem Industries Inc, AWC Holding Company, MW Manufacturers Inc, MWM Holdings Inc, Alenco Holding Company, Alenco Holding Corporation. (Pharr, Steve) Modified to correct filing date on 1/8/2013 (vdru, ).
January 4, 2013 Filing 190 TEXT ORDER granting #135 Motion to Withdraw as Attorney. Kimberly A. House withdraws as counsel of record for the Defendants. Attorney Steve M. Pharr of will continue to represent the Defendants. Entered at the Direction of The Honorable Sol Blatt, Jr on 1/4/2013.(vdru, )
January 4, 2013 Filing 188 NOTICE of Hearing on Motion #167 MOTION for Summary Judgment, #138 MOTION to Amend/Correct Complaint : Motion Hearing set for Monday, 1/28/2013 at 03:00 PM in Charleston Courtroom 3, U. S. Court House, 81 Meeting St, Charleston before Honorable Sol Blatt Jr. (vdru, )
December 20, 2012 Opinion or Order Filing 187 ORDER granting in part and denying in part #169 Motion for Reconsideration. After hearing, the Court ordered the Defendant to produce to the Plaintiff copies of sales records referencing sales by the Defendant of the product(s) at issue in this lawsuit to builders or homeowners, as well as documents showing that the Defendant markets or has a marketing plan that instructs and/or encourages its sales representatives to directly contact builders and/or homeowners to solicit sales of the product(s) at issue, if any, by January 4, 2013. If Defendant has no documents responsive to this Order, Defendant shall provide an affidavit to the Plaintiff from an appropriate official of the Defendant attesting to this fact. The Plaintiff is also allowed to depose Larry Wozniak by no later than January 31, 2013. In all other respects, the motion to reconsider is denied. Signed by Magistrate Judge Bristow Marchant on 12/20/2012.(elac, ) Modified on 12/20/2012 to correct docket text (cwhi, ).
December 20, 2012 Filing 186 Minute Entry. Proceedings held before Magistrate Judge Bristow Marchant: granting in part and denying in part #169 Motion for Reconsideration; Motion Hearing held on 12/20/2012 re #169 filed by Muhler Company Inc, The. Court Reporter Gil O'Brien CS. (obri, )
December 14, 2012 Filing 184 NOTICE of Hearing on Motion #169 MOTION for Reconsideration re: #166 Order on Motion for Protective Order, Order on Motion to Compel,Objection to Magistrate Order: Motion Hearing set for Thursday 12/20/2012 01:30 PM in Charleston Courtroom #5, U. S. Court House, 85 Broad St, Charleston before Magistrate Judge Bristow Marchant. (obri, ) Modified Judge's Name on 12/14/2012 (obri, ).
December 6, 2012 Filing 182 TEXT ORDER granting #180 Motion to Withdraw #178 MOTION to Amend/Correct Scheduling Order. Entered at the Direction of The Honorable Sol Blatt, Jr on 12/6/2012.(vdru, )
December 6, 2012 Filing 181 CONSENT FIFTH AMENDED SCHEDULING ORDER: Discovery due by 4/29/2013, Motion in Limine due by 6/3/2013, Motions to compel shall be filed within 21 days after discovery responses. All other Motions due by 5/6/2013, Jury Selection Deadline 6/18/2013. Signed by Honorable Sol Blatt, Jr on 12/4/2012. (vdru, )
December 4, 2012 Filing 180 MOTION to Withdraw #178 MOTION to Amend/Correct Scheduling Order by Muhler Company Inc, The. Response to Motion due by 12/21/2012. Proposed order is being emailed to chambers with copy to opposing counsel.(Lucey, Justin)
December 4, 2012 Filing 179 Joint MOTION to Amend/Correct Modify the Trial Scheduling Order and Fourth Amended Scheduling Order by The Muhler Company Inc., AWC Holding Company, Alenco Holding Corporation, MW Manufacturers Inc, MWM Holdings Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc. Response to Motion due by 12/21/2012. (Attachments: #1 Exhibit A - Consent Fifth Amended Scheduling Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Pharr, Steve) Modified to add filer listed on document on 12/5/2012 (vdru, ).
November 28, 2012 Filing 178 MOTION to Amend/Correct Scheduling Order by Muhler Company Inc, The. Response to Motion due by 12/17/2012. (Attachments: #1 Proposed Order Fifth Amended Scheduling Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Lucey, Justin)
November 27, 2012 Filing 177 REPLY to Response to Motion re #169 MOTION for Reconsideration re #166 Order on Motion for Protective Order,, Order on Motion to Compel,,, /Objection to Magistrate Order Response filed by Muhler Company Inc, The. (Lucey, Justin)
November 19, 2012 Filing 176 REPLY to Response to Motion re #167 MOTION for Summary Judgment Response filed by AWC Holding Company, MW Manufacturers Inc, MWM Holdings Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc, Ply Gem Industries Inc. (Attachments: #1 Exhibit Kim Deposition Portions, #2 Exhibit Hay Deposition May 25, 2012 Portions, #3 Exhibit Hart Deposition Portions, #4 Exhibit Munsey Deposition Portions, #5 Exhibit Margolis Deposition Portions, #6 Exhibit Plaintiff's 16th Supplemental Response to All Parties Discovery Requests)(Pharr, Steve)
November 19, 2012 Filing 175 REPLY to Response to Motion re #168 MOTION for Protective Order of Defendants to Terminate Discovery Pending Resolution of Summary Judgment Response filed by AWC Holding Company, Alenco Holding Corporation, MW Manufacturers Inc, MWM Holdings Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc. (Attachments: #1 Exhibit A: Portions of the September 25, 2012 Deposition Transcript of Steve Munsey, #2 Exhibit B: Portions of the September 26, 2012 Deposition Transcript of Deron Hart, #3 Exhibit C: Affidavit of Ken Cobbler, #4 Exhibit D: Affidavit of Garth Harris)(Pharr, Steve)
November 15, 2012 Filing 174 RESPONSE in Opposition re #169 MOTION for Reconsideration re #166 Order on Motion for Protective Order,, Order on Motion to Compel,,, /Objection to Magistrate Order Response filed by AWC Holding Company, Alenco Holding Corporation, MW Manufacturers Inc, MWM Holdings Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc, Ply Gem Industries Inc.Reply to Response to Motion due by 11/29/2012 (Attachments: #1 Exhibit A - Portion of May 25, 2012 deposition transcript of Hay, #2 Exhibit B - Affidavit of Eric Secor, #3 Exhibit C - Website print-out, #4 Exhibit D - Portion of June 7, 2012 deposition transcript of Margolis, #5 Exhibit E - Portion of September 25, 2012 deposition transcript of Munsey, #6 Exhibit F - Portion of September 26, 2012 deposition transcript of Hart)(Pharr, Steve)
November 8, 2012 Filing 173 RESPONSE in Opposition re #167 MOTION for Summary Judgment Response filed by Muhler Company Inc, The.Reply to Response to Motion due by 11/19/2012 (Attachments: #1 Exhibit A - Affidavit of Gary Margolis, #2 Exhibit B - Affidavit of Ron Sykora, #3 Exhibit C - Affidavit of Darren Nimchuk, #4 Exhibit D - Portions of the Feb. 28, 2012 Depo. Transcr. of Hay, #5 Exhibit E - Portions of the May 25, 2012 Depo. Transcr. of Hay)(Lucey, Justin) Modified to reference additional attachments #211 on 4/5/2013 (vdru, ).
November 8, 2012 Filing 172 RESPONSE in Opposition re #168 MOTION for Protective Order of Defendants to Terminate Discovery Pending Resolution of Summary Judgment Response filed by Muhler Company Inc, The.Reply to Response to Motion due by 11/19/2012 (Attachments: #1 Exhibit A - Page 12 of Ply Gem Organizational Chart)(Lucey, Justin)
October 31, 2012 Filing 171 Additional Attachments to Main Document #167 MOTION for Summary Judgment. First attachment description: 1.Second Memorandum in Support of the Motion for Summary Judgment of Defendants . (Attachments: #1 Exhibit I: The Affidavit of Travis Arthur, #2 Exhibit J: Portions of the International Residential Code (IRC), #3 Exhibit K: Portions of the Deposition Transcript of Gary Margolis, #4 Exhibit L: Handwritten calculations of Henry Hay, #5 Exhibit M: Design Pressure Label, #6 Exhibit N: Performance Grade Label, #7 Exhibit O: AAMA 101/ I.S.2-97, #8 Exhibit P: Portions of the Deposition Transcript of Do Kim, #9 Exhibit Q: Portions of the Deposition Transcript of Carl Wagus)(Pharr, Steve)
October 31, 2012 Filing 170 Additional Attachments to Main Document #167 MOTION for Summary Judgment. First attachment description: Second Memorandum in Support of the Motion for Summary Judgment of Defendants . (Attachments: #1 Exhibit Exhibit A:AAMA Bulletin, #2 Exhibit B: Portions of the Feb. 28, 2012 Deposition Transcript of Henry Hay, #3 Exhibit C: Portions of the May 25, 2012 Deposition Transcript of Henry Hay, #4 Exhibit D: Portions of the Deposition Transcript of Liam O'Kane, #5 Exhibit E: Portions of the Deposition Transcript of Steve Munsey, #6 Exhibit F: Portions of the Deposition Transcript of Chris Pickering, #7 Exhibit G: Portions of the January, 2012 Deposition Transcript of Henry Hay, #8 Exhibit H: Affidavit of Eric Secor)(Pharr, Steve)
October 30, 2012 Filing 169 MOTION for Reconsideration re #166 Order on Motion for Protective Order,, Order on Motion to Compel,,, /Objection to Magistrate Order by Muhler Company Inc, The. Response to Motion due by 11/16/2012. (Attachments: #1 Memo in Support)Proposed order is being emailed to chambers with copy to opposing counsel.(Lucey, Justin)
October 26, 2012 Filing 168 MOTION for Protective Order of Defendants to Terminate Discovery Pending Resolution of Summary Judgment by AWC Holding Company, Alenco Holding Corporation, MW Manufacturers Inc, MWM Holdings Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc, Ply Gem Industries Inc. Response to Motion due by 11/13/2012. (Attachments: #1 Exhibit A- Correspondence, #2 Exhibit B- Portions of Munsey Transcript, #3 Exhibit C- Portions of Margolis Transcript, #4 Exhibit D- Portions of Hay Transcript, #5 Exhibit E- Deposition Notice to Garth Harris, #6 Exhibit F- Deposition Notice to Ken Cobbler, #7 Exhibit G- Deposition Notice to NAMI, #8 Exhibit Deposition Notice to Larry Wozniak)Proposed order is being emailed to chambers with copy to opposing counsel.(Pharr, Steve)
October 22, 2012 Filing 167 MOTION for Summary Judgment by AWC Holding Company, Alenco Holding Corporation, MW Manufacturers Inc, MWM Holdings Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc. Response to Motion due by 11/8/2012. (Attachments: #1 Memo in Support Motion of Summary Judgment of Defendants, #2 Exhibit Portion of Hay Deposition taken on 28 Feb 2012, #3 Exhibit Portion of 30(b)(6) Deposition Hay 25 May 2012, #4 Exhibit Portion of 30(b)(6) Deposition of O'Kane 27 April 2012, #5 Exhibit Portion of 30(b)(6) deposition of Steve Munsey 27 April 2012, #6 Exhibit Portion of 30(b)(6) Deposition of Pickering 8 May 2012, #7 Exhibit 2006 IRC Section R613, #8 Exhibit AAMA 101/ I.S.2-97, #9 Exhibit Portion of Deposition of Hay 24 January 2012, #10 Exhibit Portion of 30(b)(6)Deposition of Gary Margolis, #11 Exhibit Muhler Calculations). Restored per #166 Order.(cwhi, ) Modified to reference additional attachments #170 and #171 on 11/1/2012 (vdru, ).
October 22, 2012 Opinion or Order Filing 166 ORDER denying #131 Motion to Compel; granting #129 Motion for Protective Order and granting #139 Motion for Protective Order at this time until a ruling on Defendants Motion for Summary Judgment. Signed by Magistrate Judge Bristow Marchant on 10/22/2012.(cwhi, )
October 16, 2012 Filing 165 Additional Attachments to Main Document #131 MOTION to Compel . . (Attachments: #1 Exhibit Def's Resp to P's 1st Supp Rrogs and 6th Supp RFP, #2 Exhibit Def's Resp to P's 7th Supp RFP, #3 Exhibit Def's Resp to P's 8th Supp RFP)(Lucey, Justin)
October 16, 2012 Filing 164 DEPOSITION of Deron Hart taken on 09/26/12 by Muhler Company Inc, The.(Lucey, Justin) (Main Document 164 replaced on 10/18/2012) (alan, ). Modified on 10/18/2012 to replace document with corrected signature as provided by filing user(alan, ).
October 16, 2012 Filing 163 DEPOSITION of Steven Munsey taken on 09/25/2012 by Muhler Company Inc, The.(Lucey, Justin) (Main Document 163 replaced on 10/18/2012) (alan, ). Modified on 10/18/2012 to replace document with corrected signature as provided by filing user(alan, ).
October 9, 2012 Filing 162 MOTION to Strike #154 Response in Support of Motion,, Plaintiff's Motion to Compel by AWC Holding Company, Alenco Holding Corporation, MW Manufacturers Inc, MWM Holdings Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc, Ply Gem Industries Inc. Response to Motion due by 10/26/2012. (Attachments: #1 Exhibit A - AAMA Bulletin, #2 Exhibit B - Pg. 48 of 6/26/12 Hearing Transcript, #3 Exhibit C - portions of Plaintiff's 30(b)(6) deposition transcript of 5/25/12)Proposed order is being emailed to chambers with copy to opposing counsel.(Pharr, Steve)
October 4, 2012 Filing 161 MOTION for Hearing (Status Conference) by Muhler Company Inc, The. Response to Motion due by 10/22/2012. Proposed order is being emailed to chambers with copy to opposing counsel.(Lucey, Justin)
September 28, 2012 Opinion or Order Filing 159 ORDER granting #155 Motion to Appear Pro Hac Vice. Signed by Honorable Sol Blatt, Jr on 09/28/2012.(alan, )
September 28, 2012 Opinion or Order Filing 158 ORDER of Protection for Steve M Pharr for the dates of 12/10/12 through 12/14/12. Signed by Honorable Sol Blatt, Jr on 9/28/12. (jwol, )
September 27, 2012 Filing 157 REPLY to Response to Motion re #139 MOTION for Protective Order To Strike Plaintiff's 30(b)(6) Notice of Deposition Response filed by AWC Holding Company, Alenco Holding Corporation, MW Manufacturers Inc, MWM Holdings Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc. (Attachments: #1 Exhibit Gold NAMI label, #2 Affidavit Travis Arthur Affidavit, #3 Exhibit Do Kim Deposition, #4 Exhibit Carl Wagus Deposition, #5 Exhibit Hay May 25 Deposition, #6 Exhibit Munsey Dep, #7 Exhibit Hay Feb 28, #8 Exhibit International Residential Code, #9 Exhibit AAMA 101 Bulletin, #10 Exhibit Letter of Carl Wagus & Will Smith, #11 Exhibit CV of Carl Wagus)(Pharr, Steve)
September 27, 2012 Filing 156 NOTICE of Request for Protection from Court Appearance by Steve M Pharr for December 10, 2012 through December 14, 2012 (Attachments: #1 Proposed Order Protective Order)(Pharr, Steve)
September 27, 2012 Filing 155 First MOTION to Appear Pro Hac Vice by Leslie D. Sherrill ( Filing fee $ 250 receipt number 0420-4327993) by AWC Holding Company, Alenco Holding Corporation, MW Manufacturers Inc, MWM Holdings Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc, Ply Gem Industries Inc. Response to Motion due by 10/15/2012. (Attachments: #1 Affidavit Application/Affidavit, #2 Supporting Documents Certificate of Good Standing, #3 Proposed Order Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Pharr, Steve)
September 21, 2012 Filing 154 RESPONSE in Support re #131 MOTION to Compel Response filed by Muhler Company Inc, The. (Attachments: #1 Exhibit 1 - Richard Livingston Affidavit, #2 Exhibit A to Livingston Affidavit - Series 600 Total Sales Data, #3 Exhibit B to Livingston Affidavit - Series 1100 Total Sales Data, #4 Exhibit C to Livingston Affidavit - Random sampling of 600 Series invoices, #5 Exhibit D to Livingston Affidavit - Random sampling of 1100 Series invoices, #6 Exhibit 2 - Henry Hay Affidavit)(Lucey, Justin) (Attachment 6 replaced on 9/24/2012) (vdru, ). Modified to replace with corrected document provided by filing user on 9/24/2012 (vdru, ).
September 17, 2012 Filing 152 RESPONSE in Opposition re #139 MOTION for Protective Order To Strike Plaintiff's 30(b)(6) Notice of Deposition Response filed by Muhler Company Inc, The.Reply to Response to Motion due by 9/27/2012 (Attachments: #1 Exhibit A - Do Kim September 17, 2012 Letter, #2 Exhibit B - June 26,2012 Motion to Compel Hearing Transcript Excerpts)(Lucey, Justin)
September 14, 2012 Filing 151 Additional Attachments to Main Document #149 Response in Opposition to Motion,,, to Amend the Complaint. (Attachments: #1 Supporting Documents Unpublished Opinion (Foster v. Wintergreen))(Pharr, Steve)
September 13, 2012 Filing 150 Additional Attachments to Main Document #149 Response in Opposition to Motion,,, to Amend the Complaint. (Attachments: #1 Exhibit I: Portions of IRC-2006, #2 Exhibit J: Handwritten Damages, #3 Exhibit K: Portions of Margolis Deposition Transcript, #4 Exhibit L: AAMA 101, #5 Exhibit M: Affidavit of Eric Secor, #6 Exhibit N: NAMI Labels)(Pharr, Steve)
September 13, 2012 Filing 149 RESPONSE in Opposition re #138 MOTION to Amend/Correct Complaint Response filed by AWC Holding Company, Alenco Holding Corporation, MW Manufacturers Inc, MWM Holdings Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc.Reply to Response to Motion due by 9/24/2012 (Attachments: #1 Exhibit A: Portions of Hay Deposition Transcript of 2/28/2012, #2 Exhibit B: Portions of Hay Deposition Transcript of 5/25/2012, #3 Exhibit C: Portions of OKane Deposition Transcript, #4 Exhibit D: Portions of Munsey Deposition Transcript, #5 Exhibit E: Portions of Pickering Deposition Transcript, #6 Exhibit F: Portions of Hay Deposition Transcript (from outside case) of 1/24/2012, #7 Exhibit G: Affidavit of Travis Arthur, #8 Exhibit H: AAMA Bulletin)(Pharr, Steve) Modified to reference additional attachments #150 and #151 on 9/14/2012 (vdru, ).
September 11, 2012 Filing 148 Additional Attachments to Main Document #143 Response in Opposition to Motion, to Compel. (Attachments: #1 Exhibit V-3: Part 3 of Sales Summary, #2 Exhibit W: Correspondence of 8/29/12 Re: Ninth Request)(Pharr, Steve)
September 11, 2012 Filing 147 Additional Attachments to Main Document #143 Response in Opposition to Motion, to Compel. (Attachments: #1 Exhibit V-1: Part 1 of Sales Summary, #2 Exhibit V-2: Part 2 of Sales Summary)(Pharr, Steve)
September 11, 2012 Filing 146 Additional Attachments to Main Document #143 Response in Opposition to Motion, to Compel. (Attachments: #1 Exhibit R: Portion of Munsey Deposition Transcript, #2 Exhibit S: Supplemental Response of All Defendants, #3 Exhibit T: Portions of Pickering Deposition Transcript, #4 Exhibit U: Hearing Transcript of 6/26/2012 Hearing)(Pharr, Steve)
September 11, 2012 Filing 145 Additional Attachments to Main Document #131 MOTION to Compel . (Attachments: #1 Exhibit L: Portion of Margolis Deposition Transcript, #2 Exhibit M: 800 NAMI Labels, #3 Exhibit N: Affidavit of Eric Secor, #4 Exhibit O: August 31, 2012 Correspondence with Alenco008031, #5 Exhibit P: Handwritten Damages, #6 Exhibit Q: Portions of Arthur Deposition Transcript)(Pharr, Steve)
September 11, 2012 Filing 144 Additional Attachments to Main Document #131 MOTION to Compel . (Attachments: #1 Exhibit C: Portions of IRC-2006, #2 Exhibit D: Portion of Hay Deposition Transcript of 5/25/2012, #3 Exhibit E: Portion of Hay Deposition Transcript of 2/28/2012, #4 Exhibit F: Portion of Hay Deposition Transcript of 1/24/2012, #5 Exhibit G: Certificate of Service for Defendants Response to Plaintiffs Fourth Supp. Document Request, #6 Exhibit H: Certificate of Service for Ds Response to Ps Fifth Supp. Document Request, #7 Exhibit : Certificate of Service for Ds Response to Ps Sixth Supp. Document Request, #8 Exhibit J: Certificate of Service for Ds Response to Ps Seventh Supp. Document Request, #9 Exhibit K: Certificate of Service for Ds Response to Ps Eighth Supp. Document Request)(Pharr, Steve)
September 11, 2012 Filing 143 RESPONSE in Opposition re #131 MOTION to Compel Response filed by AWC Holding Company, Alenco Holding Corporation, MW Manufacturers Inc, MWM Holdings Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc.Reply to Response to Motion due by 9/21/2012 (Attachments: #1 Exhibit A: Affidavit of Travis Arthur, #2 Exhibit B: AAMA Bulletin)(Pharr, Steve) Modified on 9/12/2012 to reference additional attachment #146 , #147 , #148 (jwol, ).
September 7, 2012 Filing 142 REPLY to Response to Motion re #129 MOTION for Protective Order Response filed by AWC Holding Company, MW Manufacturers Inc, MWM Holdings Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc. (Attachments: #1 Affidavit Affidavit of Travis Arthur, #2 Exhibit AAMA Bulletin, #3 Exhibit Portions of 2006 IRC, #4 Exhibit Portions of Munsey Deposition Transcript, #5 Exhibit Portions of Hay Deposition Transcript (5/25/12), #6 Exhibit Portions of Margolis Deposition Transcript, #7 Exhibit Portions of June 26, 2012, Hearing Transcript, #8 Exhibit Affidavit of Eric Secor, #9 Affidavit Third Affidavit of Travis Arthur)(Pharr, Steve)
September 5, 2012 Filing 141 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings. Motion Hearing held on August 16, 2012, before Judge Sol Blatt, Jr.. Court Reporter/Transcriber Amy Diaz, Telephone number/E-mail 367-4604. 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 have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction.. Redaction Request due 9/26/2012. Redacted Transcript Deadline set for 10/9/2012. Release of Transcript Restriction set for 12/4/2012. (adia, )
September 4, 2012 Filing 140 TEXT ORDER REFERRING MOTION: #139 MOTION for Protective Order To Strike Plaintiff's 30(b)(6) Notice of Deposition filed by Ply Gem Industries Inc, AWC Holding Company, Ply Gem Holdings Inc, MW Manufacturers Inc, MWM Holdings Inc Entered at the Direction of The Honorable Sol Blatt, Jr on 9/4/2012. Motions referred to Bristow Marchant.(vdru, )
August 31, 2012 Filing 139 MOTION for Protective Order To Strike Plaintiff's 30(b)(6) Notice of Deposition by AWC Holding Company, MW Manufacturers Inc, MWM Holdings Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc, Ply Gem Industries Inc. Response to Motion due by 9/17/2012. (Attachments: #1 Memo in Support, #2 Exhibit 1 -Arthur Aff, #3 Exhibit 2- July 27 Notice of Dep, #4 Exhibit 3-July 30 Resp Ltr, #5 Exhibit 4-30(b)(6) Not. of Dep, #6 Exhibit 5- Hay Dep 5/25, #7 Exhibit 6- Hay Dep 2/28, #8 Exhibit 7-Hay Dep Ballard, #9 Exhibit 8-AAMA 101, #10 Exhibit 9-AAMA Bulletin, #11 Exhibit 10- NAMI labels, #12 Exhibit 11-Handwritten Damages, #13 Exhibit 12- Third Party Certification, #14 Exhibit 13- Hearing Tr. 6/26, #15 Exhibit 14- Margolis Dep.)Proposed order is being emailed to chambers with copy to opposing counsel.(Pharr, Steve)
August 27, 2012 Filing 138 MOTION to Amend/Correct Complaint by Muhler Company Inc, The. Response to Motion due by 9/13/2012. (Attachments: #1 Exhibit A - PL's Third Amended Complaint)Proposed order is being emailed to chambers with copy to opposing counsel.(Lucey, Justin)
August 27, 2012 Filing 137 RESPONSE in Opposition re #129 MOTION for Protective Order Response filed by Muhler Company Inc, The.Reply to Response to Motion due by 9/7/2012 (Attachments: #1 Exhibit A - SC Products Short List, #2 Exhibit B - DFs' SC Products List (July 13, 2012), #3 Exhibit C - Series 600 Test Report, #4 Exhibit D - 2012 Certification)(Lucey, Justin)
August 27, 2012 Opinion or Order Filing 136 ORDER re #132 Notice of Request for Protection from Court Appearance filed by The Muhler Company Inc. Attorney Donald Jay Davis, Jr is granted protection from Court Appearances from December 26, 2012 through and including January 4, 2013. Signed by Honorable Sol Blatt, Jr on 8/27/2012. (vdru, )
August 27, 2012 Filing 135 MOTION to Withdraw as Attorney of Kimberly A. House by AWC Holding Company, Alenco Holding Corporation, MW Manufacturers Inc, MWM Holdings Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc, Ply Gem Industries Inc. Response to Motion due by 9/13/2012. No proposed order.(House, Kimberly)
August 27, 2012 Filing 134 AMENDED TEXT ORDER REFERRING MOTION: #131 MOTION to Compel filed by Muhler Company Inc and #129 MOTION for Protective Order filed by Ply Gem Industries Inc, AWC Holding Company, Ply Gem Holdings Inc, Alenco Holding Corporation, MW Manufacturers Inc, MWM Holdings Inc Entered at the Direction of The Honorable Sol Blatt, Jr on 8/27/2012. Motions referred to Bristow Marchant.(vdru, )
August 27, 2012 Filing 133 TEXT ORDER REFERRING MOTION: #131 MOTION to Compel filed by The Muhler Company Inc. Entered at the Direction of The Honorable Sol Blatt, Jr on 8/27/2012. Motion referred to Bristow Marchant.(vdru, )
August 24, 2012 Filing 132 NOTICE of Request for Protection from Court Appearance by Donald Jay Davis, Jr for December 26, 2012 through and including January 4, 2013 (Attachments: #1 Proposed Order)(Davis, Donald)
August 23, 2012 Filing 131 MOTION to Compel by Muhler Company Inc, The. Response to Motion due by 9/10/2012. (Attachments: #1 Exhibit A - PL's Third Supp RFP, #2 Exhibit B - DFs' Obj to PL's Third Supp RFP, #3 Exhibit C - PL's Fourth Supp RFP, #4 Exhibit D - DF' Obj to PL's Fourth Supp RFP, #5 Exhibit E - PL's Fifth Supp RFP, #6 Exhibit F - DFs' Obj to PL's Fifth Supp RFP, #7 Exhibit G.1 - PL's First Supp ROGGS & Sixth Supp RFP, #8 Exhibit G.2 - PL's First Set of ROGGS to DF Ply Gem Holdings, #9 Exhibit G.3 - PL's RFP to DF Ply Gem Holdings, #10 Exhibit H - Motion Hearing #124 Excerpt, #11 Exhibit I - PL's Seventh Supp RFP, #12 Exhibit J - PL's Eighth Supp RFP, #13 Exhibit K - PL's Ninth Supp RFP, #14 Exhibit L - PL's NOD - August 2012, #15 Exhibit M - DFs' Ltr dated 7/30/12, #16 Exhibit N - PL's Ltr dated 8/8/12, #17 Exhibit O - DFs' Email dated 8/9/12)Proposed order is being emailed to chambers with copy to opposing counsel.(Lucey, Justin) Modified on 9/12/2012 to reference additional attachments #144 and #145 (jwol, ). Modified to reference additional attachments #165 on 10/17/2012 (vdru, ).
August 16, 2012 Filing 130 Minute Entry. Proceedings held before Honorable Sol Blatt, Jr: denying without prejudice #100 Motion for Preliminary Injunction; Motion Hearing held on 8/16/2012 re #100 MOTION for Preliminary Injunction and Memorandum in Support filed by Muhler Company Inc, The. Court Reporter Amy Diaz. (jwol, )
August 10, 2012 Filing 129 MOTION for Protective Order by AWC Holding Company, Alenco Holding Corporation, MW Manufacturers Inc, MWM Holdings Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc. Response to Motion due by 8/27/2012. (Attachments: #1 Memorandum in Support, #2 Exhibit B- Pl.'s 4th Supp. RPD, #3 Exhibit C- Pl.'s 5th Supp. RPD, #4 Exhibit D- Pl.'s 6th Supp. RPD and 1st Supp. Interrogs., #5 Exhibit E. Supp. Resp. of Defendants, #6 Exhibit F- Pl.'s 7th Supp. RPD, #7 Exhibit G- Pl. 8th Supp. RPD, #8 Exhibit H- Dep. Hay May 25, #9 Exhibit I- Dep. Hay Feb. 28, #10 Exhibit K- Damage Calculations, #11 Exhibit L- Dep. Arthur, #12 Exhibit M- Dep. Munsey, #13 Exhibit N- Dep. Pickering, #14 Exhibit O- Hearing Transcript June 26, 2012, #15 Exhibit P- Supp. Resp. of All Defendants)Proposed order is being emailed to chambers with copy to opposing counsel.(Pharr, Steve) (Additional attachment(s) added on 8/10/2012: #16 Exhibit J: Deposition of Henry Hay) (vdru, ). Modified to add attachment (Exhibit J) per filing user's request on 8/10/2012 (vdru, ). Modified on 8/13/2012 (vdru, ). (Additional attachment(s) added on 8/13/2012: #17 Exhibit A: Affidavit of Travis Arthur) (vdru, ). Modified to edit text and add an attachment per filing user's request on 8/13/2012 (vdru, ).
August 1, 2012 Filing 128 NOTICE of Hearing on Motion #100 MOTION for Preliminary Injunction and Memorandum in Support : Motion Hearing set for Thursday, 8/16/2012 at 03:00 PM in Charleston Courtroom 3, U. S. Court House, 81 Meeting St, Charleston before Honorable Sol Blatt Jr. (vdru, )
July 24, 2012 Opinion or Order Filing 127 SCHEDULING ORDER: Rule 26(a)(3) Pretrial Disclosures due by 12/21/2012, Pretrial Briefs due by 1/16/2013, Jury Selection Deadline 1/21/2013. Signed by Honorable Sol Blatt, Jr on 7/20/2012. (vdru, )
July 19, 2012 Filing 126 REPLY to Response to Motion re #98 MOTION in Limine Plaintiff's Daubert Motion as to the Testimony of William Smith and Memorandum in Support Plaintiff's Reply to Defendants' Response in Opposition to Plaintiff's Daubert Motion as to the Testimony of William Smith Response filed by Muhler Company Inc, The. (Attachments: #1 Exhibit William Smith Deposition Transcript Excerpts)(Lucey, Justin)
July 19, 2012 Filing 125 REPLY to Response to Motion re #97 MOTION in Limine Plaintiff's Daubert Motion as to the Testimony of Carl Wagus and Memorandum In Support Plaintiff's Reply to Defendants' Response in Opposition to Plaintiff's Daubert Motion as to the Testimony of Carl Wagus Response filed by Muhler Company Inc, The. (Lucey, Justin)
July 18, 2012 Filing 124 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of motions hearing held on 6-26-12, before Judge Bristow Marchant. Court Reporter/Transcriber O'Brien/Potocki, Telephone number/E-mail 843-723-2208/potockidebra@bellsouth.net. 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 have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction.. Redaction Request due 8/8/2012. Redacted Transcript Deadline set for 8/20/2012. Release of Transcript Restriction set for 10/16/2012. (dpotocki, ) (Main Document 124 replaced on 8/7/2012) (obri, ).
July 12, 2012 Opinion or Order Filing 123 FOURTH AMENDED SCHEDULING ORDER. Discovery due by 11/30/2012, Motion in Limine due by 1/7/2013, Motions due by 12/7/2012. Signed by Magistrate Judge Bristow Marchant on 7/12/2012. (cwhi, )
July 12, 2012 Opinion or Order Filing 122 ORDER granting #118 Motion for Extension of Time to File Reply to #112 Response in Opposition to Motion, Defendants' Memorandum in Opposition to Plaintiff's Motion for Preliminary Injunction Replies due by 7/19/2012. Signed by Honorable Sol Blatt, Jr on 7/12/2012.(vdru, )
July 12, 2012 Opinion or Order Filing 121 ORDER granting #117 Motion for Extension of Time to File Reply to #110 Response in Opposition to Motion, Response of Defendants in Opposition to Plaintiff's Daubert Motion as to the Testimoy of Carl Wagus Replies due by 7/19/2012. Signed by Honorable Sol Blatt, Jr on 7/12/2012.(vdru, )
July 12, 2012 Opinion or Order Filing 120 ORDER granting #116 Motion for Extension of Time to File Reply to Defendants' response in Opposition to Plaintiff's Daubert Motion as to the Testimony of William Smith. The deadline is extended to July 19, 2012. Signed by Honorable Sol Blatt, Jr on 7/12/2012.(vdru, )
July 10, 2012 Filing 118 MOTION for Extension of Time to File Response/Reply as to #112 Response in Opposition to Motion,,,, Defendants' Memorandum in Opposition to Plaintiff's Motion for Preliminary Injunction by Muhler Company Inc, The. Response to Motion due by 7/27/2012 Proposed order is being emailed to chambers with copy to opposing counsel(Lucey, Justin)
July 10, 2012 Filing 117 MOTION for Extension of Time to File Response/Reply as to #110 Response in Opposition to Motion,,, Response of Defendants in Opposition to Plaintiff's Daubert Motion as to the Testimoy of Carl Wagus by Muhler Company Inc, The. Response to Motion due by 7/27/2012 Proposed order is being emailed to chambers with copy to opposing counsel(Lucey, Justin)
July 10, 2012 Filing 116 MOTION for Extension of Time to File Response/Reply as to #111 Response in Opposition to Motion,,, Defendants' Response in Opposition to Plaintiff's Daubert Motion as to the Testimony of William Smith by Muhler Company Inc, The. Response to Motion due by 7/27/2012 Proposed order is being emailed to chambers with copy to opposing counsel(Lucey, Justin)
July 10, 2012 Filing 115 Withdrawal of Motions: #113 MOTION for Extension of Time to Respond to Fourth Supplemental Requests for Production of Documents filed by Ply Gem Industries Inc, AWC Holding Company, Ply Gem Holdings Inc, Alenco Holding Corporation, MW Manufacturers Inc, MWM Holdings Inc, #114 MOTION for Extension of Time to Respond to Fifth Supplemental Requests for Production of Documents filed by Ply Gem Industries Inc, AWC Holding Company, Ply Gem Holdings Inc, Alenco Holding Corporation, MW Manufacturers Inc, MWM Holdings Inc.. (Pharr, Steve)
July 10, 2012 Filing 114 MOTION for Extension of Time to Respond to Fifth Supplemental Requests for Production of Documents by AWC Holding Company, Alenco Holding Corporation, MW Manufacturers Inc, MWM Holdings Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc. Response to Motion due by 7/27/2012 Proposed order is being emailed to chambers with copy to opposing counsel(Pharr, Steve)
July 9, 2012 Filing 113 MOTION for Extension of Time to Respond to Fourth Supplemental Requests for Production of Documents by AWC Holding Company, Alenco Holding Corporation, MW Manufacturers Inc, MWM Holdings Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc. Response to Motion due by 7/26/2012 Proposed order is being emailed to chambers with copy to opposing counsel(Pharr, Steve)
July 2, 2012 Filing 112 RESPONSE in Opposition re #100 MOTION for Preliminary Injunction and Memorandum in Support Response filed by AWC Holding Company, Alenco Holding Corporation, MW Manufacturers Inc, MWM Holdings Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc.Reply to Response to Motion due by 7/12/2012 (Attachments: #1 Exhibit Deposition Travis Arthur, #2 Affidavit Travis Arthur, #3 Exhibit Deposition Hay May 25, 2012, #4 Exhibit Deposition Hay Feb. 28, 2012, #5 Exhibit Labels, #6 Exhibit ASTM, #7 Affidavit Michael Bowie, #8 Exhibit Deposition Munsey, #9 Exhibit Deposition Hay Jan. 24, 2012, #10 Affidavit Chris Pickering)(Pharr, Steve) (Additional attachment(s) added on 7/3/2012: #11 Exhibit: Second Affidavit of Travis Arthur) (vdru, ). Modified to add an attachment per filing user's request on 7/3/2012 (vdru, ). (Attachment 11 replaced on 7/3/2012) (vdru, ). Modified to replace with correct document per filing user's request on 7/3/2012 (vdru, ).
July 2, 2012 Filing 111 RESPONSE in Opposition re #98 MOTION in Limine Plaintiff's Daubert Motion as to the Testimony of William Smith and Memorandum in Support Response filed by AWC Holding Company, Alenco Holding Corporation, MW Manufacturers Inc, MWM Holdings Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc, Ply Gem Industries Inc.Reply to Response to Motion due by 7/12/2012 (Attachments: #1 Exhibit Deposition Testimony of Henry Hay Feb. 28, 2012, #2 Exhibit Deposition Testimony of Henry Hay May 25, 2012, #3 Exhibit Deposition Testimony of Liam O'Kane, #4 Exhibit Deposition Testimony of Steve Munsey, #5 Exhibit Deposition Testimony of Chris Pickering, #6 Exhibit Curriculum Vitae of William D. Smith, #7 Exhibit Deposition Testimony of William Smith)(House, Kimberly)
July 2, 2012 Filing 110 RESPONSE in Opposition re #97 MOTION in Limine Plaintiff's Daubert Motion as to the Testimony of Carl Wagus and Memorandum In Support Response filed by AWC Holding Company, Alenco Holding Corporation, MW Manufacturers Inc, MWM Holdings Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc, Ply Gem Industries Inc.Reply to Response to Motion due by 7/12/2012 (Attachments: #1 Exhibit Deposition Testimony of Henry Hay Feb. 28, 2012, #2 Exhibit Deposition Testimony of Henry Hay May 25, 2012, #3 Exhibit Deposition Testimony of Liam O'Kane, #4 Exhibit Deposition Testimony of Steve Munsey, #5 Exhibit Deposition Testimony of Chris Pickering, #6 Exhibit Curriculum Vitae of C.R. Wagus, #7 Exhibit Deposition Testimony of Carl Wagus)(House, Kimberly)
June 26, 2012 Opinion or Order Filing 108 ORDER finding as moot #99 Motion for Summary Judgment; finding as moot #101 Motion for Partial Summary Judgment. For the reasons set forth at the hearing, the Court finds that the pending motions for summary judgment are moot, and the Clerk is directed to remove these motions from the docket of this case, without prejudice. At the conclusion of discovery, the parties may move to have these motions reinstated, if they desire to do so. If these motions are reinstated, the Court will provide a time period for the parties to supplement and/or amend their briefs to address any additional evidentiary matters obtained or discovered through discovery. Signed by Magistrate Judge Bristow Marchant on 06/26/2012.(elac, )
June 26, 2012 Filing 106 Minute Entry. Proceedings held before Magistrate Judge Bristow Marchant: granting in part and denying in part #77 Motion to Compel; denying without prejudice #96 Motion for Leave to File Surreply to Plaintiff's Reply; Motion Hearing held on 6/26/2012. Court Reporter Gil O'Brien, CS. (obri, )
June 25, 2012 Filing 105 RESPONSE in Opposition re #77 MOTION to Compel Discovery, #96 MOTION for Leave to File Surreply to Plaintiff's Reply Response filed by Muhler Company Inc, The.Reply to Response to Motion due by 7/5/2012 (Attachments: #1 Exhibit Proposed Surrebuttal of Plaintiff in Response to Defendants' Surreply)(Lucey, Justin) (Main Document 105 replaced on 6/28/2012) (vdru, ). (Attachment 1 replaced on 6/28/2012) (vdru, ). Modified to correct case number on documents as verified by filing user on 6/28/2012 (vdru, ).
June 21, 2012 Filing 104 PLAINTIFF'S ID OF EXPERT WITNESSES by Muhler Company Inc, The. (Attachments: #1 Exhibit Ltr to Pharr dated 6.11.12 serving expert Do Kim's addendum to amended report)(Lucey, Justin)
June 21, 2012 Filing 103 NOTICE of Hearing on Motion #77 MOTION to Compel Discovery : Motion Hearing set for Tuesday 6/26/2012 01:30 PM in Charleston Courtroom #5, U. S. Court House, 85 Broad St, Charleston before Magistrate Judge Bristow Marchant. (obri, )
June 18, 2012 Filing 102 RESPONSE in Opposition re #86 MOTION in Limine to Exclude Evidence of Florida Building Code, #87 MOTION in Limine to Exclude Evidence of Damages incurred by anyone but Plaintiff, #84 MOTION in Limine to Exclude Certain Articles and Internet Printouts, #85 MOTION in Limine to Limit Evidence to the Subject Windows as Defined by the Court Plaintiff's Response filed by Muhler Company Inc, The.Reply to Response to Motion due by 6/28/2012 (Attachments: #1 Exhibit Claire Richardson Depo Transcript Excerpts, #2 Exhibit Ex. 2-Product Checklist, #3 Exhibit Ex. 3-Recent Product Checklist, #4 Exhibit Ex. 84-Do Kim Addendum to Amended Expoert Report, #5 Exhibit Ex. 85-Alenco 1100 Label ref FL Building Code)(Lucey, Justin)
June 15, 2012 Filing 101 MOTION for Partial Summary Judgment As to Window Series 600, 800, and 1000 by Muhler Company Inc, The. Response to Motion due by 7/2/2012 (Attachments: #1 Exhibit Lee Cave Affidavit, #2 Exhibit Henry Hay Feb. 2012 Dep. Transcript Excerpts, #3 Exhibit Chris Pickering Dep. Transcript Excerpts, #4 Exhibit Steve Munsey Dep. Transcript Excerpts, #5 Exhibit Carl Wagus Dep. Transcript Excerpts, #6 Exhibit Ex. 7-Pharr Ltr dated 4/4/12; 10k Excerpts, #7 Exhibit Ex. 12-DP50 Spec Sheets, #8 Exhibit Ex. 22-Email to Munsey with 600 & 800 Performance Packs, #9 Exhibit Ex. 27-2000 IRC Excerpts, #10 Exhibit Ex. 28-AAMA 101.97, #11 Exhibit Ex. 29-ANSI.AAMA.NWWDA 101, #12 Exhibit Ex. 30-2006 IRC Excerpts, #13 Exhibit Ex. 41-DP Label Series 600, #14 Exhibit Ex. 48-1700/1900 Performance Pack, #15 Exhibit Ex. 53-800 Casement Brochure, #16 Exhibit Ex. 78-Ply Gem Window Quote, #17 Exhibit Ex. 79-2006 IRC 110.1, #18 Exhibit Ex. 80-DP50 Label 600 DH, #19 Exhibit Ex. 81-DP50 Label MW 800, #20 Exhibit Ex. 82-Ply Gem Webpage Ad DP50, #21 Exhibit Ex. 83-84 Lumber Invoice DP50)Proposed order is being emailed to chambers with copy to opposing counsel(Lucey, Justin)
June 15, 2012 Filing 100 MOTION for Preliminary Injunction and Memorandum in Support by Muhler Company Inc, The. Response to Motion due by 7/2/2012 (Attachments: #1 Exhibit Defendant's Exhibit 18, #2 Exhibit Extract from Deposition of Carl Wagus 5.1.12, #3 Exhibit IRC 2000 Extracts (Plaintiff's Exhibit 27), #4 Exhibit Notice of Certification Data Summary (Plaintiff's Exhibit 36), #5 Exhibit IRC 2006 Extracts (Plaintiff's Exhibit 30), #6 Exhibit Affidavit of Lee Cave)Proposed order is being emailed to chambers with copy to opposing counsel(Lucey, Justin) (Main Document 100 replaced on 6/21/2012) (vdru, ). Modified to replace incorrect document with corrected document as provided by filing user on 6/21/2012 (vdru, ).
June 15, 2012 Filing 99 MOTION for Summary Judgment by AWC Holding Company, Alenco Holding Corporation, MW Manufacturers Inc, MWM Holdings Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc. Response to Motion due by 7/2/2012 (Attachments: #1 Memo in Support Motion of Summary Judgment of Defendants, #2 Exhibit Portion of Hay Deposition taken on 28 Feb 2012, #3 Exhibit Portion of 30(b)(6) Deposition Hay 25 May 2012, #4 Exhibit Portion of 30(b)(6) Deposition of O'Kane 27 April 2012, #5 Exhibit Portion of 30(b)(6) deposition of Steve Munsey 27 April 2012, #6 Exhibit Portion of 30(b)(6) Deposition of Pickering 8 May 2012, #7 Exhibit 2006 IRC Section R613, #8 Exhibit AAMA 101/ I.S.2-97, #9 Exhibit Portion of Deposition of Hay 24 January 2012, #10 Exhibit Portion of 30(b)(6)Deposition of Gary Margolis, #11 Exhibit Muhler Calculations)Proposed order is being emailed to chambers with copy to opposing counsel(Pharr, Steve)
June 14, 2012 Filing 98 MOTION in Limine Plaintiff's Daubert Motion as to the Testimony of William Smith and Memorandum in Support by Muhler Company Inc, The. Response to Motion due by 7/2/2012 (Attachments: #1 Exhibit Lee Cave Affidavit, #2 Exhibit William Smith Depo Transcript 5.2.12, #3 Exhibit Ex. 27-2000 IRC Excerpt, #4 Exhibit Ex. 28-AAMA 101.97 Part 1 of 3, #5 Exhibit Ex. 28-AAMA 101.97 Part 2 of 3, #6 Exhibit Ex. 28 AAMA 101.97 Part 3 of 3, #7 Exhibit Ex. 29-ANSI.AAMA.NWWDA, #8 Exhibit Ex. 30-2006 IRC Excerpt, #9 Exhibit Ex. 41-DP Label Series 600, #10 Exhibit Ex. 79-2006 IRC 110.1)Proposed order is being emailed to chambers with copy to opposing counsel(Lucey, Justin) (Main Document 98 replaced on 6/19/2012) (vdru, ). Modified to replace with corrected document provided by filing user on 6/19/2012 (vdru, ).
June 14, 2012 Filing 97 MOTION in Limine Plaintiff's Daubert Motion as to the Testimony of Carl Wagus and Memorandum In Support by Muhler Company Inc, The. Response to Motion due by 7/2/2012 (Attachments: #1 Exhibit Lee Cave Affidavit, #2 Exhibit Carl Wagus Depo Transcript 5.1.05, #3 Exhibit 2000 IRC Excerpt, #4 Exhibit Ex. 28- AAMA 101.97 Part 1 of 3, #5 Exhibit Ex. 28-AAMA 101.97 Part 2 of 3, #6 Exhibit Ex. 28-AAMA 101.97 Part 3 of 3, #7 Exhibit Ex. 29-ANSI.AAMA.NWWDA 101, #8 Exhibit Ex. 30- 2006 IRC Excerpts, #9 Exhibit Ex. 41 - DP Label Series 600, #10 Exhibit Ex. 79-2006 IRC R110.1)Proposed order is being emailed to chambers with copy to opposing counsel(Lucey, Justin) (Main Document 97 replaced on 6/19/2012) (vdru, ). Modified to replace with corrected document provided by filing user on 6/19/2012 (vdru, ).
June 14, 2012 Filing 96 MOTION for Leave to File Surreply to Plaintiff's Reply by AWC Holding Company, Alenco Holding Corporation, MW Manufacturers Inc, MWM Holdings Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc. Response to Motion due by 7/2/2012 (Attachments: #1 Exhibit Proposed Surreply of Defendants in Response to Plaintiff's Reply)Proposed order is being emailed to chambers with copy to opposing counsel(Pharr, Steve)
June 13, 2012 Filing 95 SUPPLEMENT by Muhler Company Inc, The Notice of Filing In Support of Plaintiff's Motion to Compel Dated May 11, 2012. (Attachments: #1 Exhibit Travis Deposition Transcript Part 1 of 3, #2 Exhibit Travis Deposition Transcript Part 2 of 3, #3 Exhibit Travis Deposition Transcrip Part 3 of 3, #4 Exhibit Ex. 2-Product Checklist, #5 Exhibit Ex. 3-Recent Product Checklist, #6 Exhibit Ex. 12-DP 50 Spec Sheets, #7 Exhibit Ex. 22-Email to Munsey with 600 & 800 Performance Pack Part 1 of 2, #8 Exhibit Ex. 22-Email to Munsey with 600 & 800 Performance Pack Part 2 of 2, #9 Exhibit Ex. 27-2000 IRC Excerpts, #10 Exhibit Ex. 30-2006 IRC Excerpts, #11 Exhibit Ex. 41-DP Label Series 600, #12 Exhibit Ex. 57 - Lee Cave Email)(Lucey, Justin)
June 8, 2012 Opinion or Order Filing 93 ORDER granting #89 Motion to Clarify the Scheduling Order. It is ordered that pretrial disclosures are due on August 17, 2012. Signed by Honorable Sol Blatt, Jr on 6/8/2012.(vdru, )
June 8, 2012 Filing 92 REPLY to Response to Motion re #77 MOTION to Compel Discovery Reply to Defendant's Response in Opposition to Motion to Compel Response filed by Muhler Company Inc, The. (Attachments: #1 Exhibit Ex. 1 - May 23rd Ltr to Steve Pharr, #2 Exhibit Ex. 2 - May 24th Ltr to Steve Pharr, #3 Exhibit Ex. 3 - May 31st Ltr to Steve Pharr, #4 Exhibit Ex. 4 - Arthur, Munsey & Swaffar Depo Excerpts)(Lucey, Justin)
June 6, 2012 Filing 91 RESPONSE in Opposition re #89 Proposed MOTION to Amend/Correct /Clarify Scheduling Order Response filed by AWC Holding Company, Alenco Holding Corporation, MW Manufacturers Inc, MWM Holdings Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc, Ply Gem Industries Inc.Reply to Response to Motion due by 6/18/2012 (House, Kimberly)
June 4, 2012 Opinion or Order Filing 90 ORDER re #88 Notice of Request for Protection from Court Appearance filed by The Muhler Company Inc. Attorney Donald Jay Davis, Jr is protected from Court appearances in this case for July 10-18, 2012 and September 20-25, 2012. Signed by Honorable Sol Blatt, Jr on 6/4/2012. (vdru, )
June 4, 2012 Filing 89 Proposed MOTION to Amend/Correct /Clarify Scheduling Order by Muhler Company Inc, The. Response to Motion due by 6/21/2012 Proposed order is being emailed to chambers with copy to opposing counsel(Lucey, Justin)
June 4, 2012 Filing 88 NOTICE of Request for Protection from Court Appearance by Donald Jay Davis, Jr for July 10-18, 2012 and September 20-25, 2012 (Attachments: #1 Proposed Order)(Davis, Donald)
June 1, 2012 Filing 87 MOTION in Limine to Exclude Evidence of Damages incurred by anyone but Plaintiff by AWC Holding Company, Alenco Holding Corporation, MW Manufacturers Inc, MWM Holdings Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc, Ply Gem Industries Inc. Response to Motion due by 6/18/2012 Proposed order is being emailed to chambers with copy to opposing counsel(House, Kimberly)
June 1, 2012 Filing 86 MOTION in Limine to Exclude Evidence of Florida Building Code by AWC Holding Company, Alenco Holding Corporation, MW Manufacturers Inc, MWM Holdings Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc, Ply Gem Industries Inc. Response to Motion due by 6/18/2012 (Attachments: #1 Exhibit Building Codes in Effect for South Carolina, #2 Exhibit Florida Buildling Code 2004, #3 Exhibit Expert Report of Do Kim, #4 Exhibit Deposition Transcript of Do Kim)Proposed order is being emailed to chambers with copy to opposing counsel(House, Kimberly)
June 1, 2012 Filing 85 MOTION in Limine to Limit Evidence to the Subject Windows as Defined by the Court by AWC Holding Company, Alenco Holding Corporation, MW Manufacturers Inc, MWM Holdings Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc, Ply Gem Industries Inc. Response to Motion due by 6/18/2012 Proposed order is being emailed to chambers with copy to opposing counsel(House, Kimberly)
June 1, 2012 Filing 84 MOTION in Limine to Exclude Certain Articles and Internet Printouts by AWC Holding Company, Alenco Holding Corporation, MW Manufacturers Inc, MWM Holdings Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc, Ply Gem Industries Inc. Response to Motion due by 6/18/2012 (Attachments: #1 Exhibit Article: Windowwizards, #2 Exhibit Weber Notes from AAMA website, #3 Exhibit Powerpoint: Residential Windows 101, #4 Exhibit Article: Designing, Specifying, and Testing Windows for Water Resistance, #5 Exhibit Article: Quality Glossary, #6 Exhibit Article: American National Standard, #7 Exhibit Article: Back to Some Basics, #8 Exhibit Online Article: Building Envelope Design Guide--Windows, #9 Exhibit FAQ from Architectural Testing, #10 Exhibit Expert Report of Do Kim, #11 Exhibit Amended Expert Report of Do Kim)Proposed order is being emailed to chambers with copy to opposing counsel(House, Kimberly)
May 29, 2012 Filing 83 RESPONSE in Opposition re #77 MOTION to Compel Discovery Response filed by AWC Holding Company, Alenco Holding Company, Alenco Holding Corporation, Great Lakes Windows, MW Manufacturers Inc, MW Windows & Doors, MWM Holding Inc, MWM Holdings Inc, Muhler Company Inc, The, Ply Gem Holdings Inc, Ply Gem Industries Inc, Ply Gem Industries Inc, Ply Gem Industries Inc.Reply to Response to Motion due by 6/8/2012 (Attachments: #1 Exhibit A: Order of March 15 2012 , #2 Exhibit B: correspondence to Drawdy 4-11-12 , #3 Exhibit C: list of documents to Plaintiff, #4 Exhibit D: correspondence to Drawdy 3-29-12, #5 Exhibit E: response to 3-23-12 letter from Drawdy , #6 Exhibit F: correspondence to Lucey 3-29-12, #7 Exhibit G: correspondence to Drawdy (1) 4-4-12, #8 Exhibit H: correspondence to Drawdy (2) 4-4-12, #9 Exhibit I: correspondence to Drawdy 4-5-12, #10 Exhibit J: correspondence to Drawdy 5-10-12, #11 Exhibit K: correspondence to Drawdy (2) 4-11-12, #12 Exhibit L: correspondence to Drawdy (3) 4-11-12, #13 Exhibit M: correspondence to Drawdy 4-13-12, #14 Exhibit N: correspondence to Drawdy 4-13-12, #15 Exhibit O: correspondence to Drawdy 4-19-12, #16 Exhibit P: correspondence to Drawdy 4-20-12, #17 Exhibit Q: correspondence to Drawdy 4-24-12, #18 Exhibit R: correspondence to Drawdy 4-26-12, #19 Exhibit S: correspondence to Drawdy 4-27-12, #20 Exhibit T: email to Drawdy 4-30-12, #21 Exhibit U: correspondence to Lucey 5-7-12, #22 Exhibit V: correspondence to Ps counsel 5-9-12, #23 Exhibit W: correspondence to Lucey 5-11-12 , #24 Exhibit X: correspondence to Drawdy 5-21-12 )(Pharr, Steve) Modified to add descriptions to exhibits on 5/31/2012 (vdru, ). (Main Document 83 replaced on 5/31/2012) (vdru, ). Modified to correct case number on document as verified by filing user on 5/31/2012 (vdru, ).
May 18, 2012 Filing 82 RULE 26(a)(3)PRETRIAL DISCLOSURES by AWC Holding Company, Alenco Holding Corporation, MW Manufacturers Inc, MWM Holding Inc, MWM Holdings Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc, Ply Gem Industries Inc, Ply Gem Industries Inc, Ply Gem Window Group. Objections to PreTrial Disclosures due by 6/4/2012.(House, Kimberly) Modified on 5/22/2012 to remove filers as listed on document (as requested by filing user this date)(alan, ).
May 15, 2012 Filing 80 THIRD AMENDED SCHEDULING ORDER: All motions, other than those to complete discovery or relating to admissibility of evidence at trial, shall be filed on or before June 15, 2012. Deadline for Motions reset to 6/15/2012. Signed by Honorable Sol Blatt, Jr on 5/15/2012. (vdru, )
May 14, 2012 Filing 79 TEXT ORDER REFERRING MOTION: #77 MOTION to Compel Discovery filed by The Muhler Company Inc. Entered at the Direction of The Honorable Sol Blatt, Jr on 5/14/2012. Motions referred to Bristow Marchant.(vdru, ) Modified to edit text on 5/14/2012 (vdru, ).
May 13, 2012 Filing 78 Consent MOTION to Amend/Correct Scheduling Order by AWC Holding Company, Alenco Holding Corporation, MW Manufacturers Inc, MWM Holdings Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc. Response to Motion due by 6/1/2012 (Attachments: #1 Exhibit Amended Conference and Scheduling Order, #2 Exhibit Second Amended Scheduling Order, #3 Exhibit Third Amended Scheduling Order)Proposed order is being emailed to chambers with copy to opposing counsel(House, Kimberly)
May 11, 2012 Filing 77 MOTION to Compel Discovery by Muhler Company Inc, The. Response to Motion due by 5/29/2012 (Attachments: #1 Exhibit A - Def Alenco's Resp to RROGS & RFP, #2 Exhibit B - AWC Holding Resp to P's RROGS & RFP, #3 Exhibit C - MW Manuf Resp to P's RROGS & RFP, #4 Exhibit D - MWM Holding Resp to P's RROGS & RFP, #5 Exhibit E - Ply Gem Holdings Resp to P's RROGS & RFP, #6 Exhibit F - Ply Gem Industries Resp to P's RROGS & RFP, #7 Exhibit G- ORDER granting in part and denying in part #54 Motion to Compel; granting in part and denying in part #62 Motion for Protective Order, #8 Exhibit H- Lucey Law Letter to Pharr Law 03.27.12, #9 Exhibit I- Lucey Law Letter to Pharr Law 03.30.12, #10 Exhibit J- Lucey Law Letter to Pharr Law 04.04.12, #11 Exhibit K - Pharr Law Letter to Lucey Law 04.05.12, #12 Exhibit L- Lucey Law Letter to Pharr Law 04.10.12, #13 Exhibit M- MW Supp Responses to P's Discovery Reqs, #14 Exhibit N- Lucey Law Letter to Pharr Law 04.13.12, #15 Exhibit O- Lucey Law Letter to Pharr Law 04.17.12, #16 Exhibit P- Lucey Law Letter to Pharr Law 04.19.12, #17 Exhibit Q- Lucey Law Letter to Pharr Law 05.10.12, #18 Exhibit R- Pharr Law Letter to Lucey Law 05.11.12)Proposed order is being emailed to chambers with copy to opposing counsel(Lucey, Justin)
April 20, 2012 Filing 75 NOTICE of Request for Protection from Court Appearance by Justin O'Toole Lucey for June 21, 2012 through July 11, 2012 and July 24, 2012 through August 6, 2012 (Lucey, Justin)
March 21, 2012 Filing 73 CONFIDENTIALITY ORDER granting #70 Motion for Confidentiality Order. The parties have stipulated that certain discovery material is and should be treated as confidential. Details regarding the designation and treatment of confidential materials are set forth in Order. Signed by Honorable Sol Blatt, Jr on 3/20/2012.(vdru, )
March 20, 2012 Opinion or Order Filing 71 SCHEDULING ORDER: Discovery due by 6/15/2012, Trial Deadline 7/16/2012. Signed by Honorable Sol Blatt, Jr on 3/19/2012. (vdru, )
March 20, 2012 Filing 70 Consent MOTION for Confidentiality Order by AWC Holding Company, Alenco Holding Corporation, MW Manufacturers Inc, MWM Holdings Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc. Response to Motion due by 4/6/2012 (Attachments: #1 Proposed Order Confidentiality Order)Proposed order is being emailed to chambers with copy to opposing counsel(House, Kimberly)
March 16, 2012 Filing 69 MOTION to Amend/Correct Scheduling Order by AWC Holding Company, Alenco Holding Corporation, MW Manufacturers Inc, MWM Holdings Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc, Ply Gem Industries Inc. Response to Motion due by 4/2/2012 (Attachments: #1 Exhibit Amended Conference and Scheduling Order, #2 Exhibit Second Amended Scheduling Order)Proposed order is being emailed to chambers with copy to opposing counsel(House, Kimberly)
March 15, 2012 Opinion or Order Filing 68 ORDER granting in part and denying in part #54 Motion to Compel; granting in part and denying in part #62 Motion for Protective Order. Further details set forth on Order. Signed by Magistrate Judge Bristow Marchant on 3/15/2012.(cwhi, )
March 6, 2012 Opinion or Order Filing 67 ORDER re #66 Notice of Request for Protection from Court Appearance, filed by The Muhler Company Inc as to counsel D. Jay Davis, Jr. Protection to include March 19, 2012 through and including March 29, 2012; April 19, 2012 through and including April 24, 2012; July 30, 2012 through and including August 3, 2012; and November 8, 2012 through and including November 12, 2012. Signed by Honorable Sol Blatt, Jr on 3/5/12. (hhil, ) Modified on 3/7/2012 to correct docket text (cwhi, ).
February 29, 2012 Filing 66 NOTICE of Request for Protection from Court Appearance by Donald Jay Davis, Jr for the following dates: March 19 through March 29, 2012 ; April 19 through April 24, 2012; July 30 through August 3, 2012 and November 8 through November 12, 2012. (vdru, ) Modified to correct event type on 3/1/2012 (vdru, ).
February 27, 2012 Filing 65 RESPONSE in Opposition re #62 MOTION for Protective Order Response filed by Muhler Company Inc, The.Reply to Response to Motion due by 3/8/2012 (Attachments: #1 Exhibit A- Plaintiff's Amended Notice of Rule 30b6 of Defendants, #2 Exhibit B - Plaintiff's Amended Supp RFP to Defendants, #3 Exhibit C- YCR Letter to Ply Gem Corporate dated 10.22.10, #4 Exhibit D - Page 513 from RSMeans Illustrated Construction Dictionary)(Lucey, Justin)
February 10, 2012 Filing 64 REPLY to Response to Motion re #54 Amended MOTION to Compel Discovery by Defendants Response filed by Muhler Company Inc, The. (Attachments: #1 Exhibit A - Alenco 000249-252, #2 Exhibit B - Do Kim's Amended Report, #3 Exhibit C - Plaintiffs December 21, 2011 e-mail, #4 Exhibit D - Freedom 600 Test Report, #5 Exhibit E - P's Amended Supp RFP to Defs, #6 Exhibit F - P's Amended Notice of Rule 30b6 of Defs, #7 Exhibit G - Pharr 01.23.12 Letter, #8 Exhibit H - Pharr 01.30.12 Letter)(Lucey, Justin)
February 10, 2012 Filing 63 TEXT ORDER REFERRING MOTION: #62 MOTION for Protective Order filed by Ply Gem Industries Inc, AWC Holding Company, Ply Gem Holdings Inc, Alenco Holding Corporation, MW Manufacturers Inc and MWM Holdings Inc is referred to Magistrate Judge Bristow Marchant. #54 Amended MOTION to Compel Discovery by Defendants filed by Muhler Company Inc has already been referred per Text Order (entry #58). Signed by Honorable Sol Blatt, Jr on 2/10/2012. Motions referred to Bristow Marchant.(vdru, )
February 9, 2012 Filing 62 MOTION for Protective Order by AWC Holding Company, Alenco Holding Corporation, MW Manufacturers Inc, MWM Holdings Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc, Ply Gem Industries Inc. Response to Motion due by 2/27/2012 (Attachments: #1 Exhibit Plaintiff's Notice of Rule 30(b)(6) of Ply Gem Window Group, #2 Exhibit Plaintiff's Supplemental Requests for Production of Documents to Defendant Ply Gem Window Group, #3 Exhibit Plaintiff's Amended Notice of Rule 30(b)(6) of Defendants, #4 Exhibit Plaintiff's Amended Supplemental Requests for Production of Documents to Defendants, #5 Exhibit 1/30/12 Correspondence from Pharr to Drawdy, #6 Exhibit 1/11/12 Correspondence from Pharr to Lucey)Proposed order is being emailed to chambers with copy to opposing counsel(House, Kimberly)
February 6, 2012 Opinion or Order Filing 60 TEXT ORDER finding as moot #50 Motion to Compel due to #54 Amended Motion to Compel. Signed by Magistrate Judge Bristow Marchant on 2/6/2012.(cwhi, )
February 3, 2012 Filing 59 REPLY to Response to Motion re #50 MOTION to Compel Discovery by Defendants Response filed by Muhler Company Inc, The. (Attachments: #1 Exhibit A - 12.21.11 Knight Email re Freedom 600 Test, #2 Exhibit B - Freedom 600 Test Report, #3 Exhibit C - P's Amended Notice of Rule 30b6 of Defs, #4 Exhibit D - P's Amended Supp RFP to Defs, #5 Exhibit E- Pharr Letter 01.30.12)(Lucey, Justin)
February 3, 2012 Filing 58 TEXT ORDER REFERRING MOTION: #54 Amended MOTION to Compel Discovery by Defendants filed by The Muhler Company Inc. #50 MOTION to Compel Discovery by Defendants filed by Muhler Company was previously referred to Judge Marchant per Text Order (#51). Entered at the Direction of The Honorable Sol Blatt, Jr on 2/2/2012. Motions referred to Bristow Marchant.(vdru, )
February 3, 2012 Filing 57 PLAINTIFF'S ID OF EXPERT WITNESSES (Amended) by Muhler Company Inc, The. (Attachments: #1 Exhibit A - Pharr Letter (ID of Expert Witnesses) 01.05.12, #2 Exhibit B - Pharr Letter & Email (Amended Kim Report) 02.03.12, #3 Exhibit C - Chellis CV, #4 Exhibit D - Plaintiffs ID of Expert Witnesses (Entry 49) filed 01.05.12)(Lucey, Justin)
February 3, 2012 Filing 56 DEFENDANT'S ID OF EXPERT WITNESSES by AWC Holding Company, Alenco Holding Corporation, MW Manufacturers Inc, MWM Holdings Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc, Ply Gem Industries Inc.(House, Kimberly)
February 2, 2012 Filing 55 RESPONSE in Opposition re #54 Amended MOTION to Compel Discovery by Defendants Response filed by AWC Holding Company, Alenco Holding Corporation, MW Manufacturers Inc, MWM Holdings Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc, Ply Gem Industries Inc.Reply to Response to Motion due by 2/13/2012 (House, Kimberly)
February 1, 2012 Filing 54 Amended MOTION to Compel Discovery by Muhler Company Inc, The. Response to Motion due by 2/21/2012 (Attachments: #1 Exhibit A - Def Alenco's Resp to RROGS & RFP, #2 Exhibit B - AWC Holding Resp to P's RROGS & RFP, #3 Exhibit C - MW Manuf Resp to P's RROGS & RFP, #4 Exhibit D - MWM Holding Resp to P's RROGS & RFP, #5 Exhibit E - Ply Gem Holdings Resp to P's RROGS & RFP, #6 Exhibit F - Ply Gem Industries Resp to P's RROGS & RFP, #7 Exhibit G - Plaintiffs Notice of Rule 30(b)(6) of Ply Gem Window Group, #8 Exhibit H - Plaintiffs First Supplemental Request for Production to Ply Gem Window Group, #9 Exhibit I - Pharr letter dated January 9, 2012, #10 Exhibit J - Defendants Rule 26(a)(1) Responses, #11 Exhibit K - Lucey Letter January 10, 2012)Proposed order is being emailed to chambers with copy to opposing counsel(Lucey, Justin) Modified on 2/6/2012 to correct docket text (cwhi, ).
January 30, 2012 Filing 53 NOTICE OF CHANGE OF CASE NUMBER: 2:11-cv-862-MBS has been changed to 2:11-cv-862-SB per reassignment of case to Judge Blatt. Please use new case number on all future filings. (vdru, )
January 27, 2012 Filing 52 RESPONSE in Opposition re #50 MOTION to Compel Discovery by Defendants Response filed by AWC Holding Company, Alenco Holding Corporation, MW Manufacturers Inc, MWM Holdings Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc, Ply Gem Industries Inc.Reply to Response to Motion due by 2/6/2012 (Attachments: #1 Exhibit A:Response of Defendant, Alenco Holding Corporation, to Plaintiff's First Set of Interrogatories; , #2 Exhibit B: Response of Defendant, Alenco Holding Corporation, to Plaintiff's Request for Production of Documents , #3 Exhibit C: Response of Defendant, A WC Holding Company, to Plaintiff's First Set of IntelTogatories, #4 Exhibit D:Response of Defendant, AWC Holding Company, to Plaintiff's Request for Production of Documents , #5 Exhibit E: Response of Defendant, MW Manufacturers, Inc., to Plaintiff's First Set of Interrogatories , #6 Exhibit F:Response of Defendant, MW Manufacturers, Inc., to Plaintiff's Request for Production of Documents, #7 Exhibit G:Response of Defendant, MWM Holdings, Inc., to Plaintiffs First Set of Interrogatories , #8 Exhibit H: Response of Defendant, MWM Holdings, Inc., to Plaintiff's Request for Production, #9 Exhibit I: Response of Defendant, Ply Gem Holdings, Inc., to Plaintiff's First Set of Interrogatories , #10 Exhibit J:Response of Defendant, Ply Gem Holdings, Inc., to Plaintiff's Request for Production of Documents , #11 Exhibit K:Response of Defendant, Ply Gem Industries, Inc., to Plaintiff's First Set of Interrogatories , #12 Exhibit L:Response of Defendant, Ply Gem Industries, Inc., to Plaintiffs Request for Production , #13 Exhibit M: Pharr December 15,2011 correspondence to Lucey, #14 Exhibit N: Plaintiff's Notice of Rule 30(b)(6) of Ply Gem Window Group , #15 Exhibit O: Plaintiffs Supplemental Requests for Production of Documents to Defendant Ply Gem Window Group, #16 Exhibit P:Pharr January 9, 2012 correspondence to Plaintiff's counsel , #17 Exhibit Q: Lucey January 10, 20 12 correspondence to Pharr , #18 Exhibit R: Pharr January II , 2012 correspondence to Pharr , #19 Exhibit S: Plaintiffs Amended Notice of Rule 30(b)(6) of Defendants , #20 Exhibit: Plaintiffs Amended Supplemental Requests for Production of Documents to Defendants )(House, Kimberly) . Modified to add descriptions to exhibits on 1/31/2012 (vdru, ).
January 17, 2012 Filing 51 TEXT ORDER REFERRING MOTION: #50 MOTION to Compel Discovery by Defendants filed by The Muhler Company Inc. Entered at the direction of The Honorable Sol Blatt, Jr on 1/17/2012. Motions referred to Bristow Marchant.(vdru, ) Modified to edit text on 1/18/2012 (vdru, ).
January 12, 2012 Filing 50 MOTION to Compel Discovery by Defendants by Muhler Company Inc, The. Response to Motion due by 1/30/2012 (Attachments: #1 Exhibit A: Defs Letter Serving Discovery Responses 11.16.11, #2 Exhibit B: Plaintiff's Rule 30b6 Notice, #3 Exhibit C: Plaintiff's Supplemental Discovery Requests to Defendants, #4 Exhibit D: Pharr Letter 01.09.12, #5 Exhibit E: Defs Rule 26(a)(1) Disclosures, #6 Exhibit F: Lucey Letter 01.10.12)Proposed order is being emailed to chambers with copy to opposing counsel(Lucey, Justin)
January 5, 2012 Filing 49 PLAINTIFF'S ID OF EXPERT WITNESSES by Muhler Company Inc, The. (Attachments: #1 Exhibit Exhibit A - 1/5/12 Letter to Counsel, #2 Exhibit Exhibit B - Converse Chellis CV)(Lucey, Justin)
December 12, 2011 Opinion or Order Filing 48 REFERENCE #47 ORDER granting in part and denying in part #44 Motion for Extension of Time. Details in Order filed this date. Signed by Magistrate Judge Bristow Marchant on 12/12/2001.(cwhi, )
December 12, 2011 Opinion or Order Filing 47 AMENDED SCHEDULING ORDER. Plaintiffs ID of Expert Witness due by 1/5/2012, Defendants ID of Expert Witnesses Due by 2/3/2012, Records Custodian Affidavit due by 2/3/2012, Discovery due by 4/27/2012, Motions due by 5/18/2012, Mediation Due by 5/1/2012. Signed by Magistrate Judge Bristow Marchant on 12/12/2011. (cwhi, )
December 8, 2011 Filing 46 TEXT ORDER REFERRING MOTION: #44 MOTION for Extension of Time in Scheduling Order filed by The Muhler Company Inc. Entered at the Direction of The Honorable Sol Blatt, Jr on 12/8/2011. Motion referred to Bristow Marchant.(vdru, )
December 1, 2011 Filing 45 RESPONSE in Opposition re #44 MOTION for Extension of Time in Scheduling Order Response filed by AWC Holding Company, Alenco Holding Corporation, MW Manufacturers Inc, MWM Holdings Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc, Ply Gem Industries Inc.Reply to Response to Motion due by 12/12/2011 (House, Kimberly)
November 29, 2011 Filing 44 MOTION for Extension of Time in Scheduling Order by Muhler Company Inc, The. Response to Motion due by 12/16/2011 (Attachments: #1 Proposed Order Proposed Amended Conference and Scheduling Order)Proposed order is being emailed to chambers with copy to opposing counsel(Toporek, Christine)
October 25, 2011 Filing 43 Case Reassigned to Judge Honorable Sol Blatt, Jr. Judge Honorable Margaret B Seymour no longer assigned to the case. (glev, )
August 26, 2011 Filing 42 NOTICE of Request for Protection from Court Appearance by Donald Jay Davis, Jr for 9/25/11-10/5/11; 1/20/12-1/24/12; 2/3/12-2/7/12 For vacations (Davis, Donald)
August 17, 2011 Filing 41 SUMMONS Returned Executed by Muhler Company Inc, The. Ply Gem Industries, Inc. served on 8/9/2011, answer due 8/30/2011. (Attachments: #1 Exhibit certified mail receipt)(Toporek, Christine)
August 17, 2011 Filing 40 SUMMONS Returned Executed by Muhler Company Inc, The. Alenco Holding Corporation served on 8/9/2011, answer due 8/30/2011. (Attachments: #1 Exhibit certified mail receipt)(Toporek, Christine)
August 12, 2011 Filing 39 DELETION OF DOCKET ENTRY NUMBER 37 Reason: document not signed correctly Corrected Filing Document Number #38 Modified filing date to that of original filing: 8/11/2011 (asni, )
August 11, 2011 Filing 38 ANSWER to #34 Second Amended Complaint by AWC Holding Company, Alenco Holding Corporation, MW Manufacturers Inc, MWM Holdings Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc.(Pharr, Steve)
August 1, 2011 Filing 36 Second Amended Summons Issued as to AWC Holding Company, Alenco Holding Corporation, MW Manufacturers Inc, MWM Holdings Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc. (asni, )
July 29, 2011 Filing 35 Second Amended Local Rule 26.01 Answers to Interrogatories by Muhler Company Inc, The. (asni, )
July 29, 2011 Filing 34 SECOND AMENDED COMPLAINT against AWC Holding Company, Alenco Holding Corporation, MW Manufacturers Inc, MWM Holding Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc, filed by Muhler Company Inc, The. Modified to remove attachment and file separately as documents 35 & 36 on 8/1/2011 (asni, ).
July 28, 2011 Filing 33 AMENDED SCHEDULING ORDER Amended Pleadings due by 10/21/2011, Plaintiffs ID of Expert Witness due by 11/21/2011, Defendants ID of Expert Witnesses Due by 12/20/2011, Records Custodian Affidavit due by 12/20/2011, Discovery due by 4/27/2012, Motion in Limine due by 6/1/2012, Motions due by 5/1/2012, Rule 26(a)(3) Disclosures due by 5/18/2012, Pretrial Briefs due by 6/15/2012, Jury Selection Deadline 6/22/2012, ADR Statement due by 4/4/2012, Mediation Due by 5/4/2012. Signed by Honorable Margaret B Seymour on 7/28/2011. (mdea )
July 28, 2011 Opinion or Order Filing 31 ORDER granting #29 Motion to Amend Complaint Signed by Honorable Margaret B Seymour on 7/28/2011.(mdea )
July 27, 2011 Filing 30 DELETION OF DOCKET ENTRY NUMBER 26 Reason: wrong document filed Corrected Filing Document Number #29 Modified filing date to that of original filing: 7/25/2011 (asni, )
July 26, 2011 Filing 28 Rule 26(f) Report by Muhler Company Inc, The, Ply Gem Holdings, Inc.; Ply Gem Industries,; AWC Holding Company; Alenco Holding Corporation; MWM Holdings, Inc. and MW Manufacturers, Inc. (Attachments: #1 Proposed Order Amended Conference and Scheduling Order)(Toporek, Christine)
July 26, 2011 Filing 27 Joint Rule 26(f) Report including 26.03 interrogatories by Muhler Company Inc, The, Ply Gem Holdings, Inc.; Ply Gem Industries,; AWC Holding Company; Alenco Holding Corporation;MWM Holdings, Inc. and MW Manufacturers, Inc.(Toporek, Christine)
July 25, 2011 Filing 29 Consent MOTION to Amend/Correct #1 Complaint by Muhler Company Inc The, Ply Gem Holdings, Inc., Ply Gem Industries, AWC Holding Company, Alenco Holding Corporation, MWM Holdings, Inc. and MW Manufacturers, Inc., The. Response to Motion due by 8/15/2011 (Attachments: #1 Exhibit A - Proposed Second Amended Complaint, #2 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel(Toporek, Christine) Modified to correct filing date on 7/27/2011 (asni, ).
June 28, 2011 Filing 25 NOTICE of Appearance by Kimberly Ann House on behalf of AWC Holding Company, Alenco Holding Corporation, MW Manufacturers Inc, MWM Holdings Inc, Ply Gem Holdings Inc, Ply Gem Industries (House, Kimberly)
June 22, 2011 Filing 24 Local Rule 26.01 Answers to Interrogatories by Ply Gem Holdings Inc.(Pharr, Steve)
June 22, 2011 Filing 23 Local Rule 26.01 Answers to Interrogatories by Ply Gem Industries.(Pharr, Steve)
June 22, 2011 Filing 22 Local Rule 26.01 Answers to Interrogatories by AWC Holding Company.(Pharr, Steve)
June 22, 2011 Filing 21 Local Rule 26.01 Answers to Interrogatories by MWM Holdings Inc.(Pharr, Steve)
June 22, 2011 Filing 20 Local Rule 26.01 Answers to Interrogatories by MW Manufacturers Inc.(Pharr, Steve)
June 22, 2011 Filing 19 CONFERENCE AND SCHEDULING ORDER Rule 26(f) Conference Deadline 7/12/2011, 26(a) Initial Disclosures due by 7/26/2011, Rule 26 Report due by 7/26/2011, Amended Pleadings due by 8/22/2011, Plaintiffs ID of Expert Witness due by 9/20/2011, Defendants ID of Expert Witnesses Due by 10/20/2011, Records Custodian Affidavit due by 10/20/2011, Discovery due by 12/19/2011, Motion in Limine due by 4/2/2012, Motions due by 1/3/2012, Rule 26(a)(3) Disclosures due by 3/19/2012, Pretrial Briefs due by 4/18/2012, Jury Selection Deadline 4/23/2012, ADR Statement due by 2/5/2012, Mediation Due by 3/5/2012,. Signed by Honorable Margaret B Seymour on 6/22/2011. (asni, )
June 22, 2011 Filing 18 Local Rule 26.01 Answers to Interrogatories by Alenco Holding Corporation.(Pharr, Steve)
June 22, 2011 Filing 17 ANSWER to #5 Amended Complaint, by AWC Holding Company, Alenco Holding Corporation, MW Manufacturers Inc, MWM Holdings Inc, Ply Gem Holdings Inc, Ply Gem Industries.(Pharr, Steve)
June 8, 2011 Filing 16 SUMMONS Returned Executed by Muhler Company Inc, The. (Attachments: #1 Exhibit certified mail receipt)(Toporek, Christine)
June 8, 2011 Filing 15 SUMMONS Returned Executed by Muhler Company Inc, The. (Attachments: #1 Exhibit certified mail receipt)(Toporek, Christine)
June 7, 2011 Filing 14 DELETION OF DOCKET ENTRY NUMBER 9 Reason: at the request of the attorney Corrected Filing Document Number #10 Modified filing date to that of original filing: 6/7/2011 (asni, )
June 7, 2011 Filing 13 SUMMONS Returned Executed by Muhler Company Inc, The. Ply Gem Industries served on 6/1/2011, answer due 6/22/2011. (Attachments: #1 Exhibit certified mail receipt)(Toporek, Christine)
June 7, 2011 Filing 12 SUMMONS Returned Executed by Muhler Company Inc, The. Ply Gem Holdings Inc served on 6/1/2011, answer due 6/22/2011. (Attachments: #1 Exhibit certified mail receipt)(Toporek, Christine)
June 7, 2011 Filing 11 SUMMONS Returned Executed by Muhler Company Inc, The. MW Manufacturers Inc served on 6/1/2011, answer due 6/22/2011. (Attachments: #1 Exhibit certified mail receipt)(Toporek, Christine)
June 7, 2011 Filing 10 SUMMONS Returned Executed by Muhler Company Inc, The. The MWM Holdings Inc served on 6/1/2011, answer due 6/22/2011. (Attachments: #1 Exhibit certified mail receipt)(Toporek, Christine)
May 27, 2011 Filing 8 Amended Local Rule 26.01 Answers to Interrogatories by Muhler Company Inc, The.(Davis, Donald)
May 26, 2011 Filing 7 AMENDED Summons Issued as to AWC Holding Company, Alenco Holding Corporation, MW Manufacturers Inc, MWM Holdings Inc, Ply Gem Holdings Inc, Ply Gem Industries. (asni, )
May 26, 2011 Filing 5 AMENDED COMPLAINT against AWC Holding Company, MW Manufacturers Inc, MWM Holding Inc, Ply Gem Holdings Inc, Ply Gem Industries Inc, ALENCO HOLDING CORPORATION D/BA/ ALENCO WINDOWS OR ALENCO, filed by Muhler Company Inc, The. (Attachments: #1 Summons Amended, #2 Exhibit A, #3 Exhibit B) (Davis, Donald)
April 11, 2011 Filing 3 Local Rule 26.01 Answers to Interrogatories by Muhler Company Inc, The.(asni, )
April 11, 2011 Filing 2 Summons Issued as to All Defendants. (asni, )
April 11, 2011 Filing 1 COMPLAINT against All Defendants ( Filing fee $ 350 receipt number 0420-3315639.), filed by Muhler Company Inc, The. (Attachments: #1 Exhibit A, #2 Exhibit B)(asni, )

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Search for this case: Muhler Company Inc, The v. Ply Gem Holdings Inc et al
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Defendant: MW Manufacturers Inc
Represented By: Leslie D Sherrill
Represented By: Kimberly Ann House
Represented By: Steve M Pharr
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Defendant: AWC Holding Company
Represented By: Leslie D Sherrill
Represented By: Kimberly Ann House
Represented By: Steve M Pharr
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Defendant: MWM Holdings Inc
Represented By: Leslie D Sherrill
Represented By: Kimberly Ann House
Represented By: Steve M Pharr
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Defendant: Ply Gem Window Group
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Defendant: Great Lakes Windows
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Defendant: Alenco Holding Company
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Defendant: Alenco Holding Corporation
Represented By: Leslie D Sherrill
Represented By: Kimberly Ann House
Represented By: Steve M Pharr
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Defendant: Ply Gem Industries Inc
Represented By: Leslie D Sherrill
Represented By: Kimberly Ann House
Represented By: Steve M Pharr
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Defendant: MW Windows & Doors
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Defendant: Ply Gem Holdings Inc
Represented By: Leslie D Sherrill
Represented By: Kimberly Ann House
Represented By: Steve M Pharr
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Defendant: MWM Holding Inc
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Plaintiff: Muhler Company Inc, The
Represented By: Christine Kent Toporek
Represented By: Dabny Lynn
Represented By: Justin O'Toole Lucey
Represented By: Morris Dawes Cooke, Jr
Represented By: Andrew Kenneth Epting, Jr
Represented By: Edward D Buckley, Jr
Represented By: Stephanie D Drawdy
Represented By: Bradley Bruce Banias
Represented By: Donald Jay Davis, Jr
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