Samica Enterprises LLC et al v. Mail Boxes Etc Inc et al
Samica Enterprises LLC, Extex Inc, ST Gabriel LLC, Jamar Enterprises Inc, Coto Inc, 5XW Inc, Kingman Enterprises LLC, John E Moran, Livingston Holdings Inc, Komb Holdings LLC, Eagle Shipping LLC, Habel Inc, MBMP Inc, Formon Associates Inc, Phoenix Business Systems Inc, 3 Eagles Enterprises LLC, Breakpoint Inc, Bowdoin Up LLC, Tristar Property Development Inc, McClintock Enterprises Inc, Tap Enterprises LLC, S and L Management Inc, Wayne County Holdings Inc, Ladich LLC, BMSA Inc, By LLC, Derry Postal and Packaging Inc, William Allem doing business as Allem Business Services, Rhonda Norfleet, John P Thomas, Terri L Thomas, Heritage Holdings Co, LLC, Mark A Goggins, Jamar Enterprises, Inc., John P Ruhrup, Micah 68, Inc., James L Kolmer, Doris J Kolmer, JaDor, LLC, Keith Davidson, KEA, LLC, Lucy J Orbes Benson, Bernie Benson, KOMB Holdings, LLC, Patrick Smith, Smith Postal and Business Services, LLC, Charles R Hinzey, WAJC Services, Inc., Charles Wilson, C. K. Unlimited, Inc., James W Moulton, JM4, Inc., Mark L Bilodeau, S & L Management, Inc., Gilder Varn, Gayle Varn, Tristar Property Development, Inc, Manu G Mahtani, Sundri M Mahtani, Mac Distributions, Inc., Audrey Ritt, Auxano, Inc., Bob Strickland, Rachel Strickland, AVS, Inc., Robert L Walker, Frances T Walker, 5XW, Inc., Glenn J Burns, Newport Shipping, Inc., Sterling Shipping, Inc., David J Bean, Sue A Bean, Beanotion, LLC, Jay Friedman, Laura Friedman, LJ & Company, LLC, Kenneth L Huang, Pro Business Solutions, Inc., Robert H Mack, Nancy J Mack, Mack Packaging, Inc, Don Bingham, Debra Bingham, Alan M Cohen, ARC Business Services, Inc., William C Allem, Karen E Allem Business Services, Bonnie Dixon, Kettle Moraine Distributor, LLC,, J Michael Paulettia, Steven W Johnson, Belinda C Johnson, White Cliffs of Dover, Inc., Extex, Inc., Arthur Brestlin, Town and Country Partners Corp, Town & Country Partners Corp. II, Bradford W Moxley, Moxley Enterprises, LLC, Shawn W Cochran, Larry Ann Torrente, COTO, Inc., James M Skiersch, John A Raposo, JR Management, Inc., Kevin Burke, Burke Corporation, Alex Williams, Charlotte Williams, Derry Postal & Packaging, Inc., McGuinness Enterprises, LLC, Margo Dixon, Jerome Salerno, Joseph Salerno, SClass Management, Inc., Frederick W Formon, Joseph P McGuinness, Janet V Formon, Formon Associates, Inc., Ellis Abide, ASHEN, LLC, Thomas J Diercks, Donald C Adams, Acme, LLC, Michael L Seiler, Cynthia J Seiler, Kingman Enterprises, LLC, William A Connor, Linda J Connor, JEM Connor Corporation, Marguerite Marchio, Markio, LLC, Susan R Newsom, Hickory Flat Mail, Inc., Milos Todorovic, Elizabeth M Todorovic, Boca, Incorporated, Connie J Jones, Michael J Jones, Broadwater Shipping Centre, LLC, Jeffrey D Hughes, Robin Susan Hughes, Jeffrey Hughes, LLC, Benny Newton, Cheryl B Newton, Bencher Investments LLC, Robert B Leach, Regina M Leach, R & G Enterprises Company Inc, Nancy L Dryburgh, John R Dryburgh, Executive Business Group, Inc., Andrew R Roquet, Carrie L Roquet, CAL Partners, Inc., Timothy B Coffee, Coffee Times Eight, Inc., Herbert W Howard, Valerie L Howard, HV Howard Enterprises, Inc., Kathleen A Ladich, Ladich, LLC, Blair Payne, Denise Payne, PDB, Inc, Paul Yanakakis, Lindsey Yanakakis, Yanaco, Inc., Jayne Stephens, J.D. Stephens, Inc., Keith L Dean, Solid Strategies, Inc., Donald Grout, Grout Holdings, LLC, Gretchen L Woods, Robert Woods, Lucille's Legacy, LLC, Michael Gorlano, Randy Gorlano, M. Gorlano Enterprises, Denise C Taylor, James T Taylor, October 15th Corp., David J Benson, Linda A Benson, Benson Mail Service, Inc., William A Weir, Jennifer R Weir, Breakpoint, Inc., Christopher L Burrell, Jack Fiamingo, Jax Maximus Inc., Jeffrey Rozwadowski, Stacy Rozwadowski, Roz Enterprises, Inc., Kenneth Hugh Davis, Kenneth L Beets, Gail M Beets, KLB Enterprises Inc, Village Post LLC, Thomas McMahon, Laura McMahon, Craig Bohn, Linda Bohn, Import Center Warehouse Division, Inc., Scott Vradelis, Catherine Montgomery, Montellis Communications, Inc., Barbara P Feldman, Walter M Feldman, Woodbine Enterprises, Inc., Stephen W Grabowski, Arca Investment Company, Thomas Cuce, Rosemary A Merrigan, Bux-Mont Parcel Services, LLC, Roger D Tapp, Crystal L Tapp, Tapp Enterprises LLC, W Reid Richardson, Jr, Randall M Richardson, Marshall D Kohen, Joseph T Maher, Jerald Reingold, TamRoe Inc, Bruce E Olson, Olson Northstar, Inc., Charles R Matthews, Michele A Matthews, Matthews Mailing Enterprises, Inc, Paul McClintock, McClintock Enterprises, Inc, Joseph A Rosenberg, Stephanie M Rosenberg, 14 Bond Corp.,, Terrance Hayes, Evanthe Hayes, E. T. Hayes, LLC, Joyce Wagner, J & J Services, Inc., Douglas B Gard, Don I Gard, Gard Properties, LLC, Gard Enterprises, LLC, Richard M Rosenbaum, RMR & Associates, Inc., David T Baran, Jennie Baran, David T. Baran, Inc., Ian Coren and Ellen Coren |
BSG Holding Inc and BSG Holdings Subsidiary Inc |
2:2006cv02800 |
May 9, 2006 |
US District Court for the Central District of California |
Carolyn Turchin |
Otis D Wright |
Contract: Franchise |
28 U.S.C. § 1441 Notice of Removal -- Other Contract |
Plaintiff |
Docket Report
This docket was last retrieved on February 13, 2013. A more recent docket listing may be available from PACER.
Document Text |
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Filing 480 APPEAL RECORD RETURNED from 9th CCA Received: Volume(s): 1 through 4; Sealed Documents(s): 3 docs. No. 67, 68, 100; RE: Appeal Record Sent to USCA (A-26) #470 (car) |
Filing 479 ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals #454 filed by Prenoley, Inc., CCA # 10-55433. Appellees have notified the court that the parties have settled the attorneys' fees dispute, and move to withdraw their motion for attorneys' fees. The motion is granted. The court shall take no further action on the attorneys' fees motion. Order received in this district on 1/8/13. (car) |
Filing 478 ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals #454 filed by Prenoley, Inc. CCA # 10-55433. The court granted the appellees' motion for attorneys' fees and awarded fees as stated in its August 24, 2012 order. The court also referred to the Appellate Commissioner the determination of the amount of fees.The question of the fee amount is referred to the Circuit Mediator, who will contact the parties. The Circuit Mediator is requested to inform the Appellate Commissioner of the conclusion of the mediation.Order received in this district on 9/4/2012. (dmap) |
Filing 477 ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals #454 filed by Prenoley, Inc. CCA # 10-55433. Defendant-Appellee Mail Boxes Etc., Inc. ("MBE) is awarded attorneys' fees on appeal See the order for the rest of the details. Order received in this district on 8/24/2012. (dmap) |
Filing 476 ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals #454 filed by Prenoley, Inc., CCA # 10-55433. Appellees' motion for an extension of time to file a reply in support of the application for attorneys' fees is GRANTED. Appellees' response is due on or before 3/9/12. Order received in this district on 2/29/12. (car) |
Filing 475 MANDATE of 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals #454 , CCA # 10-55433. The Judgment of the district court is Affirmed. Mandate received in this district on 2/14/12. (car) |
Filing 474 ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals #454 filed by Prenoley, Inc. CCA # 10-55433. Appellants' second petition for panel rehearing and rehearing en bane is construed as a motion to file an untimely and second petition, and is DENIED. No further petitions for panel or en bane rehearing will be entertained. Order received in this district on 2/6/2012. (dmap) |
Filing 473 ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals #454 filed by Prenoley, Inc. CCA # 10-55433. Appellants motion for an extension of time to file a response to appellees application for attorneys fees is GRANTED. Appellants response is due on or before February 24, 2012. Order received in this district on 2/6/2012. (dmap) |
Filing 472 ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals #454 filed by Prenoley, Inc., CCA # 10-55433. Order received in this district on 1/17/12. The petition for rehearing and rehearing en banc are DENIED. (cbr) |
Filing 471 APPEAL RECORD sealed documents sent to Circuit Court re: Appeal number, 10-55433. 3 documents were sent with this transmittal. Document numbers: S0067, S0068, S0100. Re: Notice of Appeal to 9th Circuit Court of Appeals, #454 (lr) |
Filing 470 RECORD ON APPEAL sent to Circuit Court re: Appeal number, 10-55433 Record consists of 4 volumes re Notice of Appeal to 9th Circuit Court of Appeals, #454 (lr) |
Filing 469 ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals #454 filed by Prenoley, Inc. CCA # 10-55433. Appellants' motion for leave to file an oversized opening brief of 21, 781 words is granted in part. Within 14 days after the date of this order, appellants shall file an opening brief that does not exceed 19,000 words. Appellants informed that the copy of the opening brief submitted by appellants does not contain a statement of related cases. Appellants shall include the statement of related cases in the opening brief. The answering brief is due within 30 days after service of the opening brief. The optional reply brief is due within 14 days after service of the answering brief. (dmap) |
Filing 468 ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals #454 filed by Prenoley, Inc., CCA # 10-55433. The court has determined that this appeal will not be selected for inclusion in the Mediation Program. All further inquiries regarding this appeal, including requests for an extension of time, should be directed to the Clerk's office. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant further settlement discussions while the appeal is pending. Order received in this district on 10/29/2010. (lr) |
Filing 467 ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals #454 filed by Prenoley, Inc., CCA # 10-55433. Appellants' motion to unseal is denied. Pursuant to the stipulation filed by MTR Bailey, Inc. and Maureen Richards, this appeal is dismissed as to these two appellants. Appellants' motion for an extension of time to file the opening brief is granted. The briefing schedule has been set. Order received in this district on 8/25/10. (car) |
Filing 466 CERTIFICATE OF RECORD Transmitted to USCA re Notice of Appeal to 9th Circuit Court of Appeals #454 filed by Prenoley, Inc. ; Court of Appeals Case Number: 10-55433 (car) |
Filing 465 NOTICE OF FILING TRANSCRIPT filed for proceedings 03/03/08, 12/18/08, 01/30/09 (Kielwasser, Anne) |
Filing 464 TRANSCRIPT for proceedings held on 01/30/09 2:00 p.m.. Court Reporter/Electronic Court Recorder: Anne Kielwasser, phone number 213-894-2969. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 8/4/2010. Redacted Transcript Deadline set for 8/14/2010. Release of Transcript Restriction set for 10/12/2010. (Kielwasser, Anne) |
Filing 463 TRANSCRIPT for proceedings held on 12/18/08 1:30 p.m.. Court Reporter/Electronic Court Recorder: Anne Kielwasser, phone number 213-894-2969. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 8/4/2010. Redacted Transcript Deadline set for 8/14/2010. Release of Transcript Restriction set for 10/12/2010. (Kielwasser, Anne) |
Filing 462 TRANSCRIPT for proceedings held on 03/03/08 2:15 p.m.. Court Reporter/Electronic Court Recorder: Anne Kielwasser, phone number 213-894-2969. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 8/4/2010. Redacted Transcript Deadline set for 8/14/2010. Release of Transcript Restriction set for 10/12/2010. (Kielwasser, Anne) |
Filing 461 TRANSCRIPT DESIGNATION AND ORDERING FORM For Dates: 03/03/08, 12/18/08, 01/30/09, 08/17/09; Court Reporter: 03/03/08, 12/18/08, 01/30/09 - Anne Kielwasser; 08/17/09 - Katie Thibodeaux; Court of Appeals Case Number: 10-55433; Re: #454 (Boulter, Robert) |
Filing 460 NOTICE OF FILING TRANSCRIPT filed for proceedings 4/19/10 2:30 pm (Thibodeaux, Katie) |
Filing 459 TRANSCRIPT for proceedings held on 8/17/09 2:30 p.m.. Court Reporter/Electronic Court Recorder: Katie Thibodeaux, CSR, RPR, CRR, phone number www.katiethibodeaux.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 5/10/2010. Redacted Transcript Deadline set for 5/20/2010. Release of Transcript Restriction set for 7/18/2010. (Thibodeaux, Katie) |
Filing 458 NOTICE of Change of Attorney Information for attorney Gregory B Koltun counsel for Defendant Mail Boxes Etc USA Inc.Gregory B Koltun is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by Defendant Mail Boxes Etc. USA, Inc., et al. (Koltun, Gregory) |
Filing 457 NOTICE Initial Notice and Statement of Issues filed by Plaintiffs/Appellants Samica Enterprises LLC. (Boulter, Robert) |
Filing 456 NOTIFICATION by Circuit Court of Appellate Docket Number 10-55433, 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals #454 as to Plaintiff Prenoley, Inc.. (dmap) |
Filing 455 Civil Appeals Docketing Statement received from Plaintiffs Prenoley, Inc. forwarded to 9th CCA. RE: Notice of Appeal to 9th Circuit Court of Appeals #454 (Boulter, Robert) |
Filing 454 NOTICE OF APPEAL to the 9th CCA filed by Plaintiff Prenoley, Inc.. (Filing fee $455, receipt number 0973-6701496.) (Boulter, Robert) |
Filing 453 JUDGMENT:In accordance with this Courts December 22, 2008 Order GrantingDefendants Motions for Summary Judgment #179 , which by thisreference is incorporated as part of this Judgment as though set forth in full herein,Defendants are entitled to judgment against the Phase I and Phase II Plaintiffs.In accordance with this Courts February 26, 2010 Order Granting Defendants Motions for Summary Judgment #448 , which by this reference is incorporated as part of this Judgment as though set forth in full herein, Defendants are entitled to judgment against the Converting and Non-Converting Plaintiffs. 3. The Courts December 22, 2008 and February 26, 2010 Orders resolve the claims asserted by all Plaintiffs in this action. NOW THEREFORE IT IS ORDERED, ADJUDGED, AND DECREED that Plaintiffs take nothing, that the action be dismissed on the merits, that final judgment is ENTERED for Defendants against all Plaintiffs, and that Defendants recover their costs by Judge Otis D Wright, II (lc) |
Filing 452 NOTICE OF LODGING filed Proposed Final Judgment re Order on Motion for Summary Judgment,, Order on Request for Ruling,,, #448 (Attachments: #1 Proposed Order Proposed Final Judgment, #2 Exhibit A, #3 Exhibit B)(Borenstein, Ruth) |
Filing 451 NOTICE of Change of Attorney Information for attorney Ruth N Borenstein counsel for Defendants United Parcel Service, United Parcel Service Inc, United Parcel Service Inc, United Parcel Service of America, Inc.. Adding Ruth N. Borenstein as attorney as counsel of record for MAIL BOXES, ETC. and UNITED PARCEL SERVICE, INC. for the reason indicated in the G-06 Notice. Filed by Defendants MAIL BOXES, ETC. (Borenstein, Ruth) |
Filing 450 NOTICE of Change of Attorney Information for attorney Saro H Balian counsel for Defendants Mail Boxes ETC, Mail Boxes Etc Inc, Mail Boxes Etc USA Inc, United Parcel Service, United Parcel Service Inc, United Parcel Service Inc.Saro Balian is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by Defendants Mail Boxes Etc. USA, Inc., et al. (Balian, Saro) |
Filing 449 NOTICE of Change of Attorney Information for attorney Jane H Barrett counsel for Defendant Mail Boxes Etc USA Inc.Lawrence R. Katzin is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by Defendant Mail Boxes Etc. USA (Barrett, Jane) |
Filing 448 ORDER that for the reasons discussed and in the Courts December 22, 2008 Order,Defendants Motions for Summary Judgment are GRANTED in their entirety #210 , #214 . The December 22, 2008 Order is amended to include the discussion contained herein. Defendants shall lodge a proposed judgment reflecting the Courts Orders by Judge Otis D Wright, II (lc) |
Filing 447 First REQUEST for Ruling Master Summary Judgment Motions filed by plaintiff Richard L Rayment. (Hankes, L) |
Filing 446 MAIL BOXES ETC. INC.'S AND UPS'S REPLY BRIEF REGARDING CHOICE-OF-LAW re MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 , MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Defendant Mail Boxes Etc Inc. (McDonald, Mark) |
Filing 445 SUPPLEMENT to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 , MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 SUPPLEMENTAL REPLY IN SUPPORT OF OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT filed by Plaintiff Samica Enterprises LLC. (Attachments: #1 Exhibit A)(Hankes, L) |
Filing 444 MINUTES OF IN CHAMBERS ORDER held before Judge Otis D Wright, II: Order Allowing Parties to File Responsive Briefs Re Supplemental Briefing on Defendants Motion for Summary Judgment as to Non-Converting Plaintiffs #210 and Motion for Summary Judgment as to Converting Plaintiffs #214 .The parties timely filed their supplemental briefs regarding Defendants Motions for Summary Judgment. The parties may file responsive briefs of no more than twenty 20 pages to the supplemental briefs. The deadline to file such briefs is October 1, 2009. The responsive briefs should focus on responding to the other partys brief, not raising new arguments that should have been raised in the initial Motions and Oppositions. (lc) |
Filing 443 MINUTES (IN CHAMBERS) by Judge Otis D Wright, II: granting #440 Motion for Leave to File Excess Pages; Plaintiffs Supplemental Opposition toDefendants Motion for Summary Judgment or, in the Alternative, SummaryAdjudication (the Supplemental Opposition) may be filed notwithstanding thatthe Supplemental Opposition exceeds the page limitations set forth in this Courts September 2, 2009 order. (lc) |
Filing 442 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Wrong event: motion related document, PDF is a motion seeking to exceed page limit as to the filng of a supplemental brief. Correct event and relief event: Application: Exceed page limitation, to which the Missing formal proposed order should have been submitted as a separate attachment thereto. As to # 441: it is the supplemental brief which has been e-filed, before an order has been issued. RE: Motion Related Document, #440 , Supplement(Motion related), Supplement(Motion related) #441 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (lc) |
Filing 441 SUPPLEMENT to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 , MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 Mail Boxes Etc. Inc.'s and UPS's Supplemental Brief Regarding Choice of Law filed by Defendant Mail Boxes Etc Inc. (McDonald, Mark) |
Filing 440 PLAINTIFFS' MOTION FOR EXCEPTION TO PAGE LIMIT REQUIREMENTS re MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 , MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff Samica Enterprises LLC. (Hankes, L) Modified on 9/17/2009 (lc). |
Filing 439 DECLARATION of L. Michael Hankes in Support of Plaintiffs' Supplemental Opposition to Defendants' Motion for Summary Judgment or, in the Alternative, Summary Adjudication MOTION for Summary Judgment as to Memorandum of Points and Authorities In Support of Defendants' Motion for Summary Judgment or, In the Alternative, Partial Summary Judgment Against the Non-Converting Plaintiffs #211 , MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff Samica Enterprises LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Hankes, L) |
Filing 438 SUPPLEMENT to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 , MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 Plaintiffs' Supplemental Opposition to Defendants' Motion for Summary Judgment or, in the Alternative, Summary Adjudication filed by Plaintiff Samica Enterprises LLC. (Hankes, L) |
Filing 437 MINUTES OF IN CHAMBERS ORDER held before Judge Otis D Wright, II:Order for Supplemental Briefing Re Defendants Motion for Summary Judgment as to Non-Converting Defendants #210 and Motion for Summary Judgment as to Converting Defendants #214 : The Court hereby orders the parties to submit supplemental briefs of no more than twenty (20) pages by September 16, 2009 regarding Plaintiffs Eleventh Claim for Violations of Other State Statutes. The parties briefs should address whether the Court should enforce the parties choice of law clause in light of anti-waiver provisions in relevant state statutes. For each Plaintiff whose relevant home state statute has an antiwaiverprovision, the parties must (1) identify the specific text of each statute thatpurportedly conflicts with specific text in the relevant California statute, (2) address whether application of California law will diminish Plaintiffs protection under their home state statute, and (3) address whether Plaintiffs claims under other state statutes fail for the same reasons that their claims under California law fail. (lc) |
Filing 436 MINUTES OF Hearing on Defendants' Motion for Summary Judgment Or, in theAlternative, Partial Summary Judgment Against the Non-converting Plaintiffs #210 and Defendants' Motion for Summary Judgment Or, in the Alternative, Partial Summary Judgment Against the Converting Plaintiffs #214 held before Judge Otis D Wright, II: The Court confers with counsel and hear oral argument. The matters stand submitted. An order will issue.Court Reporter: Katie Thibodeaux. (lc) |
Filing 435 MINUTES OF IN CHAMBERS ORDER held before Judge Otis D Wright, II: Hearing on Defendants' Motion for Summary Judgment Or, in the Alternative, PartialSummary Judgment Against the Non-converting Plaintiffs #210 (Filed 4/27/09) and Defendants' Motion for Summary Judgment Or, in the Alternative, Partial Summary Judgment Against the Converting Plaintiffs #214 (Filed 4/27/09)The above-referenced hearings presently scheduled for July 27, 2009 at 1:30 p.m., are hereby CONTINUED to Monday, August 17, 2009 at 1:30 p.m. (lc) |
Filing 434 ORDER by Judge Otis D Wright, II, Upon Stipulation of dismissal as to Certain Plaintiffs as listed are dismisses with prejudice and shall bear own costs and attorney fees #425 :PLAINTIFFS WHOSE CLAIMS ARE BEING DISMISSED: Store 4852: Darren Miles Cynthia Miles LaForge Miles Corporation; Store 5439: Mark L. Bilodeau, S & L Management, Inc.; Store 2399: Brian Parks, Cynthia Beshada., OST Mark, Inc.;4. Store 4840: Scott Richardson Jennifer Richardson, Scott & Jennifer Richardson, LL; Stores 2480: Richard O. Retrum; Store 3032: ROR Enterprises, Inc.; Store 4440: Lloyd Brewer, Sharon Brewer, K & A Restaurants, Inc.; Store 4655: David T. Baran,Jennifer Baran, David T. Baran, Inc.; Store 1926: Jayne Stephens, J.D. Stephens, Inc. Store 5211: Jerry Arty, TYG Ventures, LLC; Store 3628: Bradford W. Moxley, Moxley Enterprises, LLC;. Store 2551: Howard Clark, Modern Technology Corporation;. Store 1239: Ryan Olsen,Margaret K. Wallmann,Ryan Olsen Enterprises, Inc.; Store 4849: Gerald Benson, BY LLC; Store 3833: James W. Moulton, JM4, Inc. (lc) |
Filing 433 MANDATE of 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals #196 , CCA # 09-55062. The Notice of Appeal is DISMISSED. Mandate received in this district on 7/22/09. (lr) |
Filing 432 NOTICE OF LODGING filed Regarding Defendants' Objections to Plaintiffs Evidence Submitted in Support of Opposition to Defendants' Motions for Summary Judgment or, in the Alternative, Partial Summary Judgment Against the Non-Converting and Converting Plaintiffs re Reply (Motion related), Reply (Motion related) #431 (Attachments: #1 Proposed Order)(Barrett, Jane) |
Filing 431 REPLY Defendants' Objections to Plaintiffs' Evidence Submitted in Support of Opposition to Defendants' Motions for Summary Judgment or, in the Alternative, Partial Summary Judgment Against the Non-Converting and Converting Plaintiffs filed by Defendants Mail Boxes Etc Inc, Mail Boxes Etc USA Inc, Mail Boxes ETC. (Barrett, Jane) |
Filing 430 REPLY Defendants' Reply to the Non-Converting Plaintiffs' Statement of Genuine Issues and Response to the Non-Converting Plaintiffs' Additional Material Facts filed by Defendants Mail Boxes Etc Inc, United Parcel Service Inc, Mail Boxes Etc USA Inc, Mail Boxes ETC. (Barrett, Jane) |
Filing 429 REPLY Defendants' Reply to the Converting Plaintiffs' Statement of Genuine Issues and Response to the Converting Plaintiffs' Additional Material Facts filed by Defendants Mail Boxes Etc Inc, United Parcel Service Inc, Mail Boxes Etc USA Inc, Mail Boxes ETC. (Barrett, Jane) |
Filing 428 REPLY in support Defendants' Reply Memorandum of Points and Authorities in Support of Motion for Summary Judgment or, in the Alternative, Partial Summary Judgment Against the Converting Plaintiffs filed by Defendants Mail Boxes Etc Inc, United Parcel Service Inc, Mail Boxes Etc USA Inc, Mail Boxes ETC. (Barrett, Jane) |
Filing 427 REPLY in support Defendants' Reply Memorandum of Points and Authorities in Support of Motion for Summary Judgment or, in the Alternative, Partial Summary Judgment Against the Non-Converting Plaintiffs filed by Defendants Mail Boxes Etc Inc, United Parcel Service Inc, Mail Boxes Etc USA Inc, Mail Boxes ETC. (Barrett, Jane) |
Filing 426 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Missing formal proposed order which should have been submitted as separate attachment to main document. RE: Stipulation to Amend/Correct #425 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (lc) |
Filing 425 Joint STIPULATION to Correct Miscellaneous Document,,,, #209 filed by Defendant Mail Boxes ETC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Barrett, Jane) |
Filing 424 DECLARATION of Joseph Maher, 1AWESOMEZ, Inc., store no. 5444 in Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff Joseph T Maher. (Hankes, L) |
Filing 423 DECLARATION of Raul Flores, Flores Postal Service, LLC, store nos. 4490 and 5382 in Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff Raul Flores. (Hankes, L) |
Filing 422 STIPULATION to Dismiss plaintiff By LLC(an Ohio limited liability company), James W Moulton, JM4, Inc., Mark L Bilodeau, S & L Management, Inc., Bradford W Moxley, Moxley Enterprises, LLC, Jayne Stephens, J.D. Stephens, Inc., David T Baran, Jennie Baran, David T. Baran, Inc., Gerald Benson, Jerry Arty, TYG Ventures, LLC, Richard O Retrum, ROR Enterprises, Inc., Sharon Brewer, Lloyd Brewer, K & A Restaurants, Inc., Scott Richardson, Jennifer Richardson, Scott & Jennifer Richardson, LLC, Howard Clark, Modern Technology Corporation, Ryan Olsen, Margaret K Wallmann, Ryan Olsen Enterprises, Inc., Darren Miles, Cynthia Miles, LaForge Miles Corporation, Brian Parks, Cynthia Beshada, Ost Mark Inc. filed by plaintiff Samica Enterprises LLC. (Attachments: #1 Proposed Order)(Hankes, L) |
Filing 420 ORDER granting #387 plaintiffs motion to Exceed Page Limitation re Briefs. The motion hearing scheduled for July 27, 2009 at 1:30 p.m. is hereby VACATEDby Judge Otis D Wright, II (lc) |
Filing 419 ORDER DENYING PLAINTIFFS MOTION TO LIFT SEAL #228 ; RENDERING DEFENDANTS EXPARTE APPLICATION FOR ORDER MAINTAINING SEAL #414 MOOT by Judge Otis D Wright, II (lc) |
Filing 417 DECLARATION of Peter C. Lagarias in Opposition to EX PARTE APPLICATION for Order for Maintaining Documents Under Seal #414 filed by Plaintiff Samica Enterprises LLC. (Attachments: #1 Exhibit A)(Lagarias, Peter) |
Filing 416 MEMORANDUM in Opposition to EX PARTE APPLICATION for Order for Maintaining Documents Under Seal #414 filed by Plaintiff Samica Enterprises LLC. (Lagarias, Peter) |
Filing 415 DECLARATION of Mark McDonald in Support of Defendants' Ex Parte Application for Order Maintaining Documents Under Seal EX PARTE APPLICATION for Order for Maintaining Documents Under Seal #414 filed by Defendants Mail Boxes Etc Inc, United Parcel Service Inc, Mail Boxes Etc USA Inc, Mail Boxes ETC. (Attachments: #1 Exhibit A, #2 Exhibit B)(McDonald, Mark) |
Filing 414 EX PARTE APPLICATION for Order for Maintaining Documents Under Seal filed by Defendants Mail Boxes Etc Inc, United Parcel Service Inc(a Ohio franchise corporation), Mail Boxes Etc USA Inc, Mail Boxes ETC. (Attachments: #1 Proposed Order)(McDonald, Mark) |
Filing 421 DUPLICATE ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals #196 filed by Richard L Rayment, CCA # 09-55062. Upon review of the record and the parties' responses to this court's order to show cause, we dismiss this appeal for lack of jurisdiction. See Fed. R. Civ. P. 54(b); Chacon v. Babcock, 640 F.2d 221(9th Cir. 1981). DISMISSED. Order received in this district on 6/30/09. (lr) Modified on 7/9/2009 (lr). |
Filing 418 ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals #196 filed by Richard L Rayment, CCA # 09-55062. Upon review of the record and the parties' responses to this court's order to show cause, we dismiss this appeal for lack of jurisdiction. See Fed. R. Civ. P. 54(b); Chacon v. Babcock, 640 F.2d 221 (9th Cir. 1981). DISMISSED. Order received in this district on 6/30/09. (lr) |
Filing 413 SEALED DOCUMENT- Declaration of L. Michael Hankes in Opposition to Defendants' Motions for Summary Judgment or, in the Alternative, Partial Summary Judgment. (Attachments: Part 2 of Declaration, Part 3 of Declaration, Part 4, Part 5, Part 6, Part 7)(mat) |
Filing 412 SEALED DOCUMENT- Plaintiffs' Statement of Genuine Issues and Conclusions of Law in Opposition to Defendants' Motion for Summary Judgment or, in the Alternative Partial Summary Judgment as to the Converting Plaintiffs. (Attachments: Part 2 of Statement)(mat) |
Filing 411 SEALED DOCUMENT- Converting Plaintiffs' Memorandum of Points and Authorities in Opposition to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment. (mat) |
Filing 410 SEALED DOCUMENT- Plaintiffs' Statement of Genuine Issues and Conclusions of Law in Opposition to Defendants' Motion for Summary Judgment as to the Non-Converting Plaintiffs. (Attachments: Part 2 of Statement)(mat) |
Filing 409 SEALED DOCUMENT- Non-Converting Plaintiffs' Memorandum of Points and Authorities in Opposition to Defendants' Motion for Summary Judgment or, in the Alternative, Partial Summary Judgment. (Attachments: Part 2 of the Memorandum)(mat) |
Filing 408 ORDER Permitting Filing Under Seal of Plaintiffs' Opposition to Defendants' Motion for Summary Judgment by Judge Otis D Wright II re Application for Leave to File Under Seal #407 . (sch) Modified on 6/30/2009 (sch). |
Filing 406 DECLARATION of Kenneth L. Huang, Pro Business Solutions, Inc., store no. 2646 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff Kenneth L Huang. (Hankes, L) |
Filing 405 DECLARATION of Shekhar Gosai, Shiv Shakti Corp. Inc., store no. 3826 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff Shekhar Gosai. (Hankes, L) |
Filing 407 APPLICATION for Leave to File under seal plaintiffs opposition to defendatns motion for summary judgment filed by plaintiffs Lodged order. (lc) |
Filing 404 DECLARATION of W. Michael Kirk, store no. 4823 in Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff William Michael Kirk. (Hankes, L) |
Filing 403 DECLARATION of Angela Hinzey, WAJC Services, Inc., store no. 3485 in Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff Charles R Hinzey. (Hankes, L) |
Filing 402 DECLARATION of William Dudley, Wayne County Holdings, Inc., store no. 4707 in Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff William Dudley. (Hankes, L) |
Filing 401 DECLARATION of Bonnie Dixon, Kettle Moraine Distributors, LLC, store no. 5181 in Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff Bonnie Dixon. (Hankes, L) |
Filing 400 DECLARATION of Gary Davis, GMD Enterprises, LLC, store no. 4783 in Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff Garry M Davis. (Hankes, L) |
Filing 399 DECLARATION of Larry Bowdoin, Bowdoin UP, LLC, store no. 4881 in Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff Larry Bowdoin. (Hankes, L) |
Filing 398 DECLARATION of Jayesh M. Patel, Nitasha Enterprises, Inc., Makan Enterprises, Inc., stores no. 773, 2010 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff Jayesh M Patel. (Hankes, L) |
Filing 397 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Motion to exceed page limit, does not require a hearing, therefore the clerk has terminated only the erroneous hearing of 7/27/09 1:30 PM, however, the motion is missing the formal proposed order which should have been submitted as a separate attachment to main document. RE: MOTION to Exceed Page Limitation Briefs #387 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (lc) |
Filing 396 DECLARATION of Jay Patel, store no. 2409 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff Jayanti Patel. (Hankes, L) |
Filing 395 DECLARATION of Herbert Howard, HV Howard Enterprises, Inc., stores no. 2919, 4422 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff Herbert W Howard. (Hankes, L) |
Filing 394 DECLARATION of Janice Gulsvig, C & C Associates, store no. 4393 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff Janice Gulsvig. (Hankes, L) |
Filing 393 DECLARATION of Stephen W. Grabowski, Arca Investment Company, store no. 4482 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff Stephen W Grabowski. (Hankes, L) |
Filing 392 DECLARATION of Keith L. Dean, Solid Strategies, Inc., store no. 965 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff Keith L Dean. (Hankes, L) |
Filing 391 DECLARATION of Don Bingham, stores no. 3154, 3066 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff Don Bingham. (Hankes, L) |
Filing 390 DECLARATION of Gary Powell, Pow-Pack, Inc., store no. 4523 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff Gary C Powell. (Hankes, L) |
Filing 389 DECLARATION of Robert S. Boulter in Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 , MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff Samica Enterprises LLC. (Boulter, Robert) |
Filing 388 DECLARATION of John Ruhrup,, Micah 68, LLC, Micah 68, Inc., store no. 2003 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff John P Ruhrup. (Hankes, L) |
Filing 387 NOTICE OF MOTION AND MOTION to Exceed Page Limitation Briefs filed by Plaintiffs Samica Enterprises LLC. Motion set for hearing on 7/27/2009 at 01:30 PM before Judge Otis D Wright II. (Attachments: #1 Exhibit Court Order)(Hankes, L) |
Filing 386 DECLARATION of Glenn J. Burns, Newport Shipping, Inc., Sterling Shipping, Inc., stores no. 2808, 1119 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff Glenn J Burns. (Hankes, L) |
Filing 385 NOTICE of Manual Filing filed by Plaintiff Samica Enterprises LLC of Under Seal. (Hankes, L) |
Filing 384 DECLARATION of Clark Weisman, store no. 1253 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff Samica Enterprises LLC. (Hankes, L) |
Filing 383 PROOF OF SERVICE In Opposition To re: MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 , MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff Samica Enterprises LLC. (Hankes, L) |
Filing 382 DECLARATION of Timothy B. Coffee, Coffee Times Eight, Inc., store no. 3882 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff Timothy B Coffee. (Hankes, L) |
Filing 381 DECLARATION of Jeffrey Rubinstein, Samica Enterprises, LLC, stores no. 1661, 1319 in Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff Jeffrey T Rubenstein. (Hankes, L) |
Filing 380 DECLARATION of Joseph Spagnola, S & W Boston Stores, LLC, store no. 681 in Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff Joseph Spagnola. (Hankes, L) |
Filing 379 DECLARATION of Roger D. Tapp, Tapp Enterprises, LLC, store no. 1460 in Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff Roger D Tapp. (Hankes, L) |
Filing 378 DECLARATION of Audrey Ritt, Auxano, Inc., store no. 2640 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff Audrey Ritt. (Hankes, L) |
Filing 377 DECLARATION of Vincent Natelli, Eagle Shipping, LLC, store no. 4454 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff Vincent L Natelli. (Hankes, L) |
Filing 376 DECLARATION of Joyce Wagner, J & J Services, Inc., store no. 3303 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff Joyce Wagner. (Hankes, L) |
Filing 375 DECLARATION of Charles D. Stoflet, CDS Business Group, Inc., store no. 3045 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff Charles D Stoflet. (Hankes, L) |
Filing 374 DECLARATION of John Rousseau, Boardwalk Communications, Inc., store no. 112 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff John Rousseau. (Hankes, L) |
Filing 373 DECLARATION of Natvarlal Prajapati, Arjun Corporation, store no. 2730 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff Natvarlal C Prajapati. (Hankes, L) |
Filing 372 DECLARATION of Sandra Philhower, MBMP, Inc., store no. 3464 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff Sandra Philhower. (Hankes, L) |
Filing 371 DECLARATION of Kay W. Oak, KayWon Incorporated, store no. 2985 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff Kay W Oak. (Hankes, L) |
Filing 370 DECLARATION of Robert P. Minock, store no. 4283 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff Robert P Minock. (Hankes, L) |
Filing 369 DECLARATION of James Highley, H & H Enterprises, store no. 2376 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff James Highley. (Hankes, L) |
Filing 368 DECLARATION of Carlos Garcia, Donlos, Inc., store no. 4302 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff Carlos Garcia. (Hankes, L) |
Filing 367 DECLARATION of Don Freeman, Freemax, Inc., store no. 970 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff Don Freeman. (Hankes, L) |
Filing 366 DECLARATION of Frederick W. Formon, Formon Associates, Inc., stores no. 2026, 2604 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff Frederick W Formon. (Hankes, L) |
Filing 365 DECLARATION of Roger Egan, Atwell Enterprises, Inc., store no. 2631 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff Roger Egan. (Hankes, L) |
Filing 364 DECLARATION of Brian C. Coyle, WPBC, Inc., store no. 1946 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff Brian Coyle. (Hankes, L) |
Filing 363 DECLARATION of William A. Connor, JEM Connor Corporation, stores no. 811, 1362 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff William A Connor. (Hankes, L) |
Filing 362 DECLARATION of Lucy Benson, KOMB Holdings, LLC, store no. 4310 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff Bernie Benson. (Hankes, L) |
Filing 361 DECLARATION of Lucy Benson, KOMB Holdings, LLC, store no. 4310 in Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff Bernie Benson. (Hankes, L) |
Filing 360 DECLARATION of Cornell Dyce, Corosonell, LLC, store no. 5422 in Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff Cornell Dyce. (Hankes, L) |
Filing 359 DECLARATION of Raul Flores, Flores Postal Service, LLC, store no. 4490 in Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff Raul Flores. (Hankes, L) |
Filing 358 DECLARATION of Jesse McDaniels, MML, LLC, store no. 5443 in Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff Jesse McDaniels. (Hankes, L) |
Filing 357 DECLARATION of Charles R. Matthews, Matthews Mailing Enterprises, Inc., store no. 4177 in Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff Charles R Matthews. (Hankes, L) |
Filing 356 DECLARATION of Richard Marx, Marx of Excellence, Inc., store no. 5104 in Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff Richard W Marx. (Hankes, L) |
Filing 355 DECLARATION of Phil Maniscalco, AM-PM Business Services, Inc., store no. 5154 in Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff Philip R Maniscalco. (Hankes, L) |
Filing 354 DECLARATION of Joseph Knight, NBI, LLC, store no. 4185 in Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff Joe Knight. (Hankes, L) |
Filing 353 DECLARATION of Luigi Giunta, Pozzallo Partners, Store Number 5267 in Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff Luigi Giunta. (Hankes, L) |
Filing 352 DECLARATION of Dean Giasi, Pozzallo Partners, Store Number 4921 In Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff Dean Giasi. (Hankes, L) |
Filing 351 DECLARATION of Douglas B. Gard, Gard Properties LLC, Gard Enterprises LLC, Store Numbers 5100, 5025 In Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff Douglas B Gard. (Hankes, L) |
Filing 350 DECLARATION of Michael Carpinello, Lenmik Express Corp., Store Number 4962 In support of opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff Michael Carpinello. (Hankes, L) |
Filing 349 DECLARATION of Tom King, M.W.K., Inc., store no. 5372 in Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff Tom King. (Hankes, L) |
Filing 348 DECLARATION of Thomas W. Eblen, EBCO, Inc., store no. 4771 in Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff Thomas H Eblen. (Hankes, L) |
Filing 347 DECLARATION of Thomas J. Diercks, CCMB, LLC, store no. 4194 in Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff Thomas J Diercks. (Hankes, L) |
Filing 346 DECLARATION of Thomas Cuce, Bux-Mont Parcel Services, LLC, store no. 5007 in Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff Thomas Cuce. (Hankes, L) |
Filing 345 DECLARATION of Tessa Dee Myers, Quicksilver Enterprises, Inc., store no. 4820 in Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff Tessa Dee Meyers. (Hankes, L) |
Filing 344 DECLARATION of Terrance Hayes, The UPS Store, store no. 3242 in Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff Terrance Hayes. (Hankes, L) |
Filing 343 DECLARATION of Shawn Cochran, COTO, Inc., store nos. 3216, 0206 in Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff Shawn W Cochran. (Hankes, L) |
Filing 342 DECLARATION of Scott Vradelis, Montelis Communications, Inc., store no. 3633 in Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff Scott Vradelis. (Hankes, L) |
Filing 341 DECLARATION of Robert Moorey, BMSA, Inc., store no. 4572 in Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff Robert J Moorey. (Hankes, L) |
Filing 340 DECLARATION of Robert Mack, Mack Packaging, store no. 5035 in Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff Robert H Mack. (Hankes, L) |
Filing 339 DECLARATION of Robert Leach, R&G Enterprises, store no. 5423 in Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff Robert B Leach. (Hankes, L) |
Filing 338 DECLARATION of Robert Carpinello, Bull Express, Inc., Kingship, LLC, store nos. 4962, 4821, 5400 in Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff Robert Carpinello. (Hankes, L) |
Filing 337 DECLARATION of Paul McClintock, McClintock Enterprises, Inc., store no. 4621 in Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff Paul McClintock. (Hankes, L) |
Filing 336 DECLARATION of Patrick Smith, Smith Postal and Business Services, LLC, store no. 4854 in Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff Patrick Smith. (Hankes, L) |
Filing 335 DECLARATION of Patrick J. Miller, Diver Down Delivery, store no. 1673 in Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff Patrick J Miller. (Hankes, L) |
Filing 334 DECLARATION of Michael Gorlano, M. Gorlano Enterprises, store no., 3884 in Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff Michael Gorlano. (Hankes, L) |
Filing 333 DECLARATION of Marguerite Marchio, Marchio, LLC, store no. 4616 in Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff Marguerite Marchio. (Hankes, L) |
Filing 332 DECLARATION of Larry Hupka, 3 Eagles Enterprises, LLC, store nos. 1920, 3738, 4782, 5147 in Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff Larry Hupka. (Hankes, L) |
Filing 331 DECLARATION of Kyle Gregerson, KGJH Shipping, LLC, store no. 5073 in Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff Kyle Gregerson. (Hankes, L) |
Filing 330 DECLARATION of Kenneth H. Davis, Moonlight Operations, LLC, store no. 4868 in Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff Kenneth Hugh Davis. (Hankes, L) |
Filing 329 DECLARATION of Ken Patel, Parchino, Inc., store no. 4897 in Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff Ken M Patel. (Hankes, L) |
Filing 328 DECLARATION of Keith Ogren, HCH, LLC, store no. 4869 in Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff Keith Ogren. (Hankes, L) |
Filing 327 DECLARATION of Keith Davidson, KEA, LLC, store no. 4548 in Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff Keith Davidson. (Hankes, L) |
Filing 326 DECLARATION of Kathleen Nevin, The UPS Store, store no. 4637 in Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff Kathleen M Nevin. (Hankes, L) |
Filing 325 DECLARATION of Kathleen Ladich, Ladich, LLC, store no. 5233 in Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff Kathleen A Ladich. (Hankes, L) |
Filing 324 DECLARATION of Joseph Marlbrough, Parkland Place Associates, store no. 0328 in Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff Joseph Malbrough. (Hankes, L) |
Filing 323 DECLARATION of John T. Gallo, Rista Packaging, store no. 5082 in Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff John T Gallo. (Hankes, L) |
Filing 322 DECLARATION of Joaquin Roasl, WB Pomona, LLP, store no. 3930 in Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff Joaquin Rosal. (Hankes, L) |
Filing 321 DECLARATION of Jerome Salerno, The UPS Store, store no. 5395 in Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff Jerome Salerno. (Hankes, L) |
Filing 320 DECLARATION of James Taylor, store no. 4807 in Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff James T Taylor. (Hankes, L) |
Filing 319 DECLARATION of James E. O'Connor, JEO Enterprises, LLC, store no. 5336 in Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff James E O'Connor. (Hankes, L) |
Filing 318 DECLARATION of James L. Kolmer, JaDor, LLC, store nos. 4595, 5585 in Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff James L Kolmer. (Hankes, L) |
Filing 317 DECLARATION of James J. Connelly, Ton-Up, LLC, store no. 5325 in Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff James J Connelly. (Hankes, L) |
Filing 316 DECLARATION of Jack Fiamingo, Jax Maximus, Inc., store no. 2969 in Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff Jack Fiamingo. (Hankes, L) |
Filing 315 DECLARATION of Ian Coren, Coren Enterprises, LLC, store no. 285 in Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff Ian Coren. (Hankes, L) |
Filing 314 DECLARATION of Gilder P. Varn, TriStar Property Development, Inc., store no. 5237 in Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff Gilder Varn. (Hankes, L) |
Filing 313 DECLARATION of Gerard Difruscia, The UPS Store, store no. 4715 in Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff Gerard Difruscia. (Hankes, L) |
Filing 312 DECLARATION of Frederick Chris Farrar, Farrar Enterprises, Inc., store no. 5137 in Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff Frederick Chris Farrar. (Hankes, L) |
Filing 311 DECLARATION of Eric Eshelman, Eshelman Enterprises, Inc., store no. 4845 in Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff Eric D Eshelman. (Hankes, L) |
Filing 310 DECLARATION of Donald R. Snapp, Donald R. Snapp, Jr., Inc., store no. 5542 in Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff Donald R Snapp, Jr. (Hankes, L) |
Filing 309 DECLARATION of David Child, William-Dalton Consulting, Inc., store no. 4933 in Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff David Child. (Hankes, L) |
Filing 308 DECLARATION of Dan Sweeney, DJTS, Inc., store no. 5001 in Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff Daniel J Sweeney. (Hankes, L) |
Filing 307 DECLARATION of Connie J. Jones, Broadwater Shipping Centre, LLC, store no. 107 in Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff Connie J Jones. (Hankes, L) |
Filing 306 DECLARATION of Charles Wilson, C.K. Unlimited, Inc., store no. 3265 in Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff Charles Wilson. (Hankes, L) |
Filing 305 DECLARATION of Brandon Phillips, Beemar, Inc., store no. 5341 in Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff Brandon Phillips. (Hankes, L) |
Filing 304 DECLARATION of Anna Schauperl, Anjor Enterprises, store no. 5475 in Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff Ann Schauperl. (Hankes, L) |
Filing 303 DECLARATION of Andrew R. Roquet, CAL Partners, Inc., store no. 1963 in Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff Andrew R Roquet. (Hankes, L) |
Filing 302 DECLARATION of Alvin F. Snyder, Upscale Management, Inc., store no. 5335 in Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff Alvin F Snyder. (Hankes, L) |
Filing 301 DECLARATION of Alex Williams, Derry Postal and Packaging, Inc., store no. 4686 in Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff Alex Williams. (Hankes, L) |
Filing 300 DECLARATION of William Allem, Allem Business Services, Inc., store no. 4315 in Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff William Allem. (Hankes, L) |
Filing 299 DECLARATION of William A. Weir, Breakpoint, Inc., store no. 383 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff William A Weir. (Hankes, L) |
Filing 298 DECLARATION of Walter M. Feldman, Woodbine Enterprises, Inc., store nos. 0796, 0472 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff Walter M Feldman. (Hankes, L) |
Filing 297 DECLARATION of Tom McMahon, Village Post, LLC, store no. 4195 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff Thomas McMahon. (Hankes, L) |
Filing 296 DECLARATION of Tom Bagley, OFQ Corporation, store no. 5175 in Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff Thomas Bagley. (Hankes, L) |
Filing 295 DECLARATION of Thomas Ruth, Platt Business Services, Inc., store no. 3751 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff Thomas S Ruth. (Hankes, L) |
Filing 294 DECLARATION of Susan R. Newsom, Hickory Flat Mail, Inc., store no. 3877 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff Susan R Newsom. (Hankes, L) |
Filing 293 DECLARATION of Stuart Ehlers. Mail Call, Inc., store nos. 1159, 2098 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff Stuart Ehlers. (Hankes, L) |
Filing 292 DECLARATION of Steve Richards, Noah & Folks, LLC, store no. 1644 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff Steven Richards. (Hankes, L) |
Filing 291 DECLARATION of Shantilal Jani, Jani & Son, Inc., store no. 1158 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff Shantilal L Jani. (Hankes, L) |
Filing 290 DECLARATION of Robert Walker, 5XW, Inc., store no. 2048 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff Robert L Walker. (Hankes, L) |
Filing 289 DECLARATION of Richard M. Rosenbaum, RMR&Associates, Inc., store no. 0463 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff Richard M Rosenbaum. (Hankes, L) |
Filing 288 DECLARATION of Reid Richardson, RKR Works, LLC, store no. 2989 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff W Reid Richardson, Jr. (Hankes, L) |
Filing 287 DECLARATION of Phil MacGowen, Aljohn Enterprises, store no. 3405 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff Philip J MacGowan. (Hankes, L) |
Filing 286 DECLARATION of Pez Afrin, Persepolis Enterprises, store no. 2742 in Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff Afrin Pezhman. (Hankes, L) |
Filing 285 DECLARATION of Paul J. Yanakakis, Yanaco, Inc., store no. 4423 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff Paul Yanakakis. (Hankes, L) |
Filing 284 DECLARATION of Nancy Kasza-Scott, The Scott Business Group, LTD, store no. 3915 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff Nancy Kasza-Scott. (Hankes, L) |
Filing 283 DECLARATION of Milos Todorovic, Boca, Inc., store no. 3496 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff Milos Todorovic. (Hankes, L) |
Filing 282 DECLARATION of Michael Seiler, Kingman Enterprises, LLC, store no. 2352 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff Michael L Seiler. (Hankes, L) |
Filing 281 DECLARATION of Michael Carpinello, Lenmik Express Corporation, store no. 4962 in Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff Michael Carpinello. (Hankes, L) |
Filing 280 DECLARATION of Maureen Richards, MTR Bailey, Inc., store no. 0677 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff Maureen Richards. (Hankes, L) |
Filing 279 DECLARATION of Mark Merkatoris, Larboard Enterprises, LLC, store no. 2393 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff Larboard Enterprises, LLC. (Hankes, L) |
Filing 278 DECLARATION of Mark A. Zimmerman, Zimmerman & Pare, LLC, store no. 3391 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff Mark A Zimmerman. (Hankes, L) |
Filing 277 DECLARATION of Mark A. Goggins, Jamar Enterprises, Inc., store no. 2188 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff Mark A Goggins. (Hankes, L) |
Filing 276 DECLARATION of Margo Dixon, store no. 1695 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff Margo Dixon. (Hankes, L) |
Filing 275 DECLARATION of Manu Mahtani, MAC distribution, Inc., store no. 904 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff Manu G Mahtani. (Hankes, L) |
Filing 274 DECLARATION of Linda Ollerman, SAREMMA, Inc., store no. 1250 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff Linda V Ollerman. (Hankes, L) |
Filing 273 DECLARATION of Linda Bohn, Import Center Warehouse Division, Inc., store no. 4725 in Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff Linda Bohn. (Hankes, L) |
Filing 272 DECLARATION of Kory Waisner, Waisner, Inc., store nos. 1602, 2366 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff Kory Waisner. (Hankes, L) |
Filing 271 DECLARATION of Kevin Burke, Burke Corporation, store no. 1431 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff Kevin Burke. (Hankes, L) |
Filing 270 DECLARATION of Kenneth L. Beets, KLB Enterprises, Inc., store no. 1783 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff Kenneth L Beets. (Hankes, L) |
Filing 269 DECLARATION of Joseph P. McGuinness, Joseph P. McGuinness Enterprises, LLC, store no. 4115 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff Joseph P McGuinness. (Hankes, L) |
Filing 268 DECLARATION of Joseph A. Rosenberg, 14 Bond Corp., store no. 1043 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff Joseph A Rosenberg. (Hankes, L) |
Filing 267 DECLARATION of John Raposo, JR Management, Inc., store no. 349 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff John A Raposo. (Hankes, L) |
Filing 266 DECLARATION of John K. Comerford, Comerford Service Resources, Inc., store no. 2423 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff John K Comerford. (Hankes, L) |
Filing 265 DECLARATION of John Habel, Habel, Inc., store no. 4121 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff John Habel. (Hankes, L) |
Filing 264 DECLARATION of John E. Moran, store no. 2897 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff John E Moran. (Hankes, L) |
Filing 263 DECLARATION of John Dryburgh, Executive Business Group, Inc., store no. 704 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff John R Dryburgh. (Hankes, L) |
Filing 262 DECLARATION of Jerald Reingold, TamRoe, Inc., store no. 4399 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff Jerald Reingold. (Hankes, L) |
Filing 261 DECLARATION of Jeffrey Hughes, Jeffrey Hughes, LLC, store no. 4269 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff Jeffrey D Hughes. (Hankes, L) |
Filing 260 DECLARATION of Jeff Rozwadowski, Roz Enterprises, Inc., store nos. 0642, 1462 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff Jeffrey Rozwadowski. (Hankes, L) |
Filing 259 DECLARATION of Davis Smith, Parcel Express Shipping and Storage, Inc. store no. 4499 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff David K Smith. (Attachments: #1 Exhibit Exhibit A to Declaration of Davis Smith)(Hankes, L) |
Filing 258 DECLARATION of Janice Burke, Part II, Inc., store no. 4842 in Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff Janice Margaret Burke. (Hankes, L) |
Filing 257 DECLARATION of Jack E. Gillary, J&L Gillary, Inc., store no. 0093 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff Jack E Gillary. (Hankes, L) |
Filing 256 DECLARATION of Gretchen L. Woods, Lucille's Legacy, LLC, store no. 1668 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff Gretchen L Woods. (Hankes, L) |
Filing 255 DECLARATION of Ellis R. Abide, Ashen, LLC, store no. 4561 in Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff Ellis Abide. (Hankes, L) |
Filing 254 DECLARATION of Edward Meyerhoefer, Reali Meyerhoefer, LLC, store no. 4219 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff Edward Meyerhoefer. (Hankes, L) |
Filing 253 DECLARATION of Donald Grout, Grout Holdings, LLC, store no. 448 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff Donald Grout. (Hankes, L) |
Filing 252 DECLARATION of Donald C. Adams, ACME, LLC, store no. 2478 in Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff Donald C Adams. (Hankes, L) |
Filing 251 DECLARATION of Dean Koch, Koch Enterprises, Inc. store no. 2436 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff Dean Koch. (Hankes, L) |
Filing 250 DECLARATION of David Leite, DR Leite, Inc., store no. 4205 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff David Leite. (Hankes, L) |
Filing 249 DECLARATION of David Cobb, Rudy Corp. store no. 4254 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff Laurie Ann Cobb. (Hankes, L) |
Filing 248 DECLARATION of David Benson, Benson Mail Service, Inc, store no. 4908 in Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff David J Benson. (Hankes, L) |
Filing 247 DECLARATION of David Bean, Beanotion, LLC, store nos. 3384, 4225 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff David J Bean. (Hankes, L) |
Filing 246 DECLARATION of Christopher Burrell, The UPS Store, store no. 3005 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff Christopher L Burrell. (Hankes, L) |
Filing 245 DECLARATION of Caroline Schroeder, Fox Cities Business Services, LLC, store no. 1812 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff Caroline Schroeder. (Hankes, L) |
Filing 244 DECLARATION of Bruce Olson, Olson Northstar, store no. 1220 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff Bruce E Olson. (Hankes, L) |
Filing 243 DECLARATION of Britt J. Roberts, Roberts-Dance, LLC, store no. 3064 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff Britt J Roberts. (Hankes, L) |
Filing 242 DECLARATION of Brian Rogga, The Rogga Corporation, store no. 1971 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff Brian Rogga. (Hankes, L) |
Filing 241 DECLARATION of Bob Strickland, AVS, Inc., store nos. 3440, 3353 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff Bob Strickland. (Hankes, L) |
Filing 240 DECLARATION of Blair M. Payne, PDB, Inc., store no. 3805 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff Blair Payne. (Hankes, L) |
Filing 239 DECLARATION of Benny Newton, Bencher Investments, store no. 3466 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff Benny Newton. (Hankes, L) |
Filing 238 DECLARATION of Arthur Brestlin, Town and Country Partners, Inc., Town and Country Partners, II, Inc., store nos. 4986, 5120 in Support of Opposition to MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 filed by Plaintiff Arthur Brestlin. (Hankes, L) |
Filing 237 DECLARATION of Amrish R. Desai, R&B Corporation, store no. 3558 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff Amrish R Desai. (Hankes, L) |
Filing 236 DECLARATION of Albert L. Schomp, Backoffice, Inc., store no. 3666 In Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff Albert Schomp, IV. (Hankes, L) |
Filing 235 DECLARATION of Alan M. Cohen, ARC Business Services, Inc., Store no. 878 in Support of Opposition to MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Plaintiff Alan M Cohen. (Hankes, L) |
Filing 234 MINUTES (IN CHAMBERS) by Judge Otis D Wright, II: Hearing on Plaintiffs' Motion to Lift Seal on Previously Filed Summary Judgment Opposition #228 scheduled for June 15, 2009 at 1:30 p.m., is hereby VACATED. The matter stands submitted. An order will issue. (lc) |
Filing 233 REPLY in Support of Motion to Lift Seal on Previously Filed Summary Judgment Opposition filed by Plaintiff Rayment MST, LLC. (Lagarias, Peter) |
Filing 232 DECLARATION of Mark R. McDonald in Support of Defendants' Opposition to Plaintiffs' Motion to Lift Seal on Previously Filed Summary Judgment Opposition filed by Defendants Mail Boxes Etc Inc, United Parcel Service Inc, Mail Boxes Etc USA Inc, Mail Boxes ETC. (McDonald, Mark) |
Filing 231 Opposition to Plaintiffs' Motion to Lift Seal on Previously Filed Summary Judgment Opposition filed by Defendants Mail Boxes Etc Inc, United Parcel Service Inc, Mail Boxes Etc USA Inc, Mail Boxes ETC. (McDonald, Mark) |
Filing 230 CERTIFICATE OF SERVICE filed by Plaintiffs Rayment MST, LLC, re Motion to Unseal Documents, Declaration of Peter C. Lagarias in Support of Motion and Proposed Order served on May 13, 2009. (Lagarias, Peter) |
Filing 229 DECLARATION of Peter C. Lagarias in Support of Motion to Unseal Documents filed by Plaintiff Rayment MST, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Lagarias, Peter) |
Filing 228 NOTICE OF MOTION AND MOTION to Unseal Document Sealed Document #191 , Statement (Motion related) #182 , Sealed Document, #193 , MEMORANDUM in Opposition to Motion #184 , Sealed Document #188 , Sealed Document, #189 , Sealed Document, #192 , Sealed Document, #187 , Statement (Motion related), Statement (Motion related) #183 , Declaration (Motion related) #186 , Sealed Document #194 , MEMORANDUM in Opposition to Motion #185 , Sealed Document #190 filed by Plaintiffs Rayment MST, LLC. Motion set for hearing on 6/15/2009 at 01:30 PM before Judge Otis D Wright II. (Lagarias, Peter) |
Filing 227 ORDER upon Stipulation #226 Regarding Revised Hearing date and FilingDeadlines for Defendants Master Summary Judgment Motion(s): Last Day to filesummary judgment motions: April 27, 2009; Last Day to file summary judgmentoppositions: June 29, 2009; Last Day to file summary judgment reply briefs: July 20, 2009; Summary judgment hearing:July 27, 2009 at 1:30 p.m. by Judge Otis D Wright, II, (lc) |
Filing 226 First STIPULATION for Extension of Time to File Oppositions and Replies filed by plaintiff Samica Enterprises LLC. (Attachments: #1 Exhibit Exhibit A to Stipulation, #2 Proposed Order Proposed Order)(Hankes, L) |
Filing 225 NOTICE OF LODGING filed re MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 (Attachments: #1 Proposed Statement of Uncontroverted Facts and Conclusions of Law re Defendants' Motion for Summary Judgment Against The Non-Converting Plaintiffs)(McDonald, Mark) |
Filing 224 NOTICE OF LODGING filed re MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 (Attachments: #1 Proposed Statement of Uncontroverted Facts and Conclusions of Law re Defendants' Motion for Summary Judgment Against Converting Plaintiffs)(McDonald, Mark) |
Filing 223 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES INELECTRONICALLY FILED DOCUMENTS AND ORDER by Judge Otis D Wright, II striking statement of uncontroverted facts. Defendants are to lodge their proposed Statement of Uncontroverted Facts & Conclusions of Law as an attachment to a Notice of Lodging. RE: Statement (Motion related) #216 (lc) |
Filing 222 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: proposed statement of uncontroverted facts are to be approved by the Judge, and are not e-filed in themselves, but to be submitted as a separate attachment to main document. RE: Statement (Motion related), #216 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (lc) |
Filing 221 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: wrong event: motion for summary judgment which created 2 erroneous hearing, of which the clerk has terminated: Correct event: memorandum in support as to # 211; Pdf to # 212 is statement of uncontroverted facts, which is to be approved by the Judge and is not e-filed in itself, but to be submitted as a separate attachment to main document. RE: MOTION for Summary Judgment as to Statement of Uncontroverted Facts and Conclusions of Law In Support of Motion for Summary Judgment or, in the Alternative, Partial Summary Judgment Against Non-Converting Plaintiffs #212 , MOTION for Summary Judgment as to Memorandum of Points and Authorities In Support of Defendants' Motion for Summary Judgment or, In the Alternative, Partial Summary Judgment Against the Non-Converting Plaintiffs #211 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (lc) |
Filing 220 DECLARATION of Mark Siris In Support of Defendants' Motion for Summary Judgment Against Converting Plaintiffs MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Defendant Mail Boxes Etc Inc. (Attachments: #1 Exhibit Exhibit 1)(Barrett, Jane) |
Filing 219 NOTICE OF LODGING filed re MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 (Attachments: #1 Proposed Order Judgment, #2 Proposed Order Statement of Decision)(Barrett, Jane) |
Filing 218 DECLARATION of Stuart Mathis In Support of Defendants' Motion for Summary Judgment Against Converting Plaintiffs MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Defendant Mail Boxes Etc Inc. (Attachments: #1 Exhibit Exhibit A)(Barrett, Jane) |
Filing 217 DECLARATION of Richard Kolman In Support of Motion for Summary Judgment Against Converting Plaintiffs MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Defendant Mail Boxes Etc Inc. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Barrett, Jane) |
Filing 216 STATEMENT of Uncontroverted Facts and Conclusions of Law In Support of Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Defendant Mail Boxes Etc Inc. (Barrett, Jane) |
Filing 215 MEMORANDUM in Support of MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs #214 filed by Defendant Mail Boxes Etc Inc. (Barrett, Jane) |
Filing 214 NOTICE OF MOTION AND MOTION for Summary Judgment as to Defendants' Motion for Summary Judgment or in the Alternative Partial Summary Judgment Against Converting Plaintiffs filed by Defendants Mail Boxes Etc Inc. Motion set for hearing on 7/13/2009 at 01:30 PM before Judge Otis D Wright II. (Attachments: #1 Exhibit Exhibit A)(Barrett, Jane) |
Filing 213 NOTICE OF LODGING filed re MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs #210 (Attachments: #1 Proposed Order Proposed Judgment, #2 Proposed Order Proposed Statement of Decision)(Barrett, Jane) |
Filing 212 NOTICE OF MOTION AND MOTION for Summary Judgment as to Statement of Uncontroverted Facts and Conclusions of Law In Support of Motion for Summary Judgment or, in the Alternative, Partial Summary Judgment Against Non-Converting Plaintiffs filed by Defendant Mail Boxes Etc Inc, Mail Boxes Etc USA Inc, Mail Boxes ETC. Motion set for hearing on 7/13/2009 at 01:30 PM before Judge Otis D Wright II. (Barrett, Jane) |
Filing 211 NOTICE OF MOTION AND MOTION for Summary Judgment as to Memorandum of Points and Authorities In Support of Defendants' Motion for Summary Judgment or, In the Alternative, Partial Summary Judgment Against the Non-Converting Plaintiffs filed by Defendant Mail Boxes Etc Inc, Mail Boxes Etc USA Inc, Mail Boxes ETC. Motion set for hearing on 7/13/2009 at 01:30 PM before Judge Otis D Wright II. (Barrett, Jane) |
Filing 210 NOTICE OF MOTION AND MOTION for Summary Judgment as to Motion for Summary Judgment Or, In the Alternative Partial Summary Judgment Against the Non-Converting Plaintiffs filed by Defendant Mail Boxes Etc Inc, Mail Boxes Etc USA Inc, Mail Boxes ETC. Motion set for hearing on 7/13/2009 at 01:00 PM before Judge Otis D Wright II. (Attachments: #1 Exhibit A)(Barrett, Jane) |
Filing 209 Joint Stipulation Re Authenticity of Evidence and Certain Undisputed Facts for Purpose of Motions for Summary Judgment filed by Defendant Mail Boxes Etc Inc (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D1, #5 Exhibit Exhibit D2, #6 Exhibit Exhibit D3, #7 Exhibit Exhibit D4, #8 Exhibit Exhibit E, #9 Exhibit Exhibit F, #10 Exhibit Exhibit G, #11 Exhibit Exhibit H, #12 Exhibit Exhibit I, #13 Exhibit Exhibit J, #14 Exhibit Exhibit K, #15 Exhibit Exhibit L, #16 Exhibit Exhibit M, #17 Exhibit Exhibit N, #18 Exhibit Exhibit O, #19 Exhibit Exhibit P, #20 Exhibit Exhibit Q, #21 Exhibit Exhibit R, #22 Exhibit Exhibit S, #23 Exhibit Exhibit T, #24 Exhibit Exhibit U, #25 Exhibit Exhibit V, #26 Exhibit Exhibit W, #27 Exhibit Exhibit X, #28 Exhibit Exhibit Y, #29 Exhibit Exhibit Z, #30 Exhibit Ehibit AA, #31 Exhibit Exhibit BB, #32 Exhibit Exhibit CC, #33 Exhibit Exhibit DD, #34 Exhibit Exhibit EE, #35 Exhibit Exhibit FF, #36 Exhibit Exhibit GG)(Barrett, Jane) |
Filing 208 ORDER Regarding Hearing Date, Brief Length, and Filing Deadlines for Defendants' Master Summary Judgment Motions Against All Remaining Plaintiffs by Judge Otis D Wright II re Stipulation for Hearing #207 . The following shall apply: The Court approves the following briefing extensions for the summary judgment papers: Defendants' memorandum in support of each of the two Master Motion(s) for Summary Judgment - 30 pages each; Plaintiffs' two Opposition Memorandum to each of two defendants' Master Motion(s) for Summary Judgment - 40 pages each; Defendant's Two Reply Briefs - 30 pages each. The following hearing date and briefing schedule shall apply: Last Day to file summary judgment motion(s): April 27, 2009; Last Day to file summary judgment oppositions: June 15, 2009; Last Day to file summary judgment reply briefs: July 6, 2009; Summary judgment hearing: July 13, 2009 at 1:30 p.m. (Note: Changes Made by the Court). (sch) |
Filing 207 STIPULATION for Hearing re Hearing Date, Brief Length and Filing Deadlines for Defendants' Master Summary Judgment Motions Against All Remaining Plaintiffs filed by Defendant Mail Boxes ETC. (Attachments: #1 Proposed Order)(Barrett, Jane) |
Filing 206 MINUTES OF (IN CHAMBERS) ORDER DENYING 54(b) CERTIFICATION #202 (Filed 2/5/09) by Judge Otis D Wright II. Plaintiffs Rule 54(b) motion to certify the courts December 22, 2008 order is DENIED. Defendants are directed to prepare and file the master summary judgment motion previously discussed. (sch) |
Filing 205 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: PDF document is not a memorandum in opposition, but a letter to the Judge. Local Rule 83.2.11, No communicating with the Judge by Letter. All documents are to prepared formally in pleading format. RE: MEMORANDUM in Opposition to Motion #204 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (lc) |
Filing 204 MEMORANDUM in Opposition to MOTION for Entry of Judgment pursuant to Rule 54(b) #202 Letter Brief filed by Defendant Mail Boxes Etc Inc. (McDonald, Mark) |
Filing 203 ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals #196 filed by Richard L Rayment, CCA # 09-55062. The court sua sponte suspends appellate proceedings in this case. Or or before April 17, 2009, appellants shall file a status report on their Rule 54(b) motion filed in the district court or a motion for appropriate relief. (cbr) |
Filing 202 NOTICE OF MOTION AND MOTION for Entry of Judgment pursuant to Rule 54(b) filed by Plaintiff Richard L Rayment. (Boulter, Robert) |
Filing 201 MINUTES OF Status Conference held before Judge Otis D Wright, II. Case called, appearances made. The Court confers with counsel. Plaintiffs make an oral Rule 54(b) motion. The Court hears oral argument. The parties are to submit letter briefs to the Court. Upon receipt of the letter briefs, the matter will stand submitted. Court Reporter: Anne Kielwasser. (sch) |
Filing 200 NOTIFICATION by Circuit Court of Appellate Docket Number 09-55062, 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals #196 as to Plaintiff Richard L Rayment. (cbr) |
Filing 199 TRANSCRIPT DESIGNATION AND ORDERING FORM For Dates: 12/18/08; Court Reporter: Anne Kielwasser; Court of Appeals Case Number: 09-55062; Re: #196 (Lagarias, Peter) |
Filing 198 APPEAL FEE PAID: re Notice of Appeal to 9th Circuit Court of Appeals #196 as to Plaintiffs By LLC, Derry Postal and Packaging Inc, Jamar Enterprises Inc, Coto Inc, Jeffrey T Rubenstein, Daniel Bendoff, Larry Bowdoin, Eric D Eshelman, Peggy Eshelman, Eshelman Enterprises, Inc, John Habel, Shipping Services, LLC, Jensen E Bull, Osdila G Bull, Bulgar Properties, Inc, Afrin Pezhman, Persepolis Enterprises, William N Dudley, OFQ Corporation, Stephen Roat, Sarovette, Inc, Robert J Moorey, Sandra A Moorey, Britt J Roberts, Roberts-Dance, LLC, John P Thomas, Kingman Enterprises LLC, Terri L Thomas, Heritage Holdings Co, LLC, Mark A Goggins, Jamar Enterprises, Inc., John P Ruhrup, Micah 68, Inc., James L Kolmer, Doris J Kolmer, JaDor, LLC, Keith Davidson, KEA, LLC, Lucy J Orbes Benson, Bernie Benson, KOMB Holdings, LLC, Patrick Smith, Smith Postal and Business Services, LLC, Charles R Hinzey, WAJC Services, Inc., Charles Wilson, C. K. Unlimited, Inc., James W Moulton, JM4, Inc., Mark L Bilodeau, S & L Management, Inc., Gilder Varn, Gayle Varn, Tristar Property Development, Inc, John E Moran, Manu G Mahtani, Sundri M Mahtani, Mac Distributions, Inc., Audrey Ritt, Bob Strickland, Rachel Strickland, Robert L Walker, Frances T Walker, Glenn J Burns, Newport Shipping, Inc., Sterling Shipping, Inc., Sue A Bean, Beanotion, LLC, Jay Friedman, Laura Friedman, LJ & Company, LLC, Kenneth L Huang, Pro Business Solutions, Inc., Robert H Mack, Nancy J Mack, Mack Packaging, Inc, Don Bingham, Debra Bingham, Alan M Cohen, Karen E Allem Business Services, Bonnie Dixon, Kettle Moraine Distributor, LLC,, J Michael Paulettia, Steven W Johnson, Belinda C Johnson, Livingston Holdings Inc, White Cliffs of Dover, Inc., Extex, Inc., Arthur Brestlin, Town and Country Partners Corp, Town & Country Partners Corp. II, Bradford W Moxley, Moxley Enterprises, LLC, Shawn W Cochran, Larry Ann Torrente, COTO, Inc., James M Skiersch, John A Raposo, JR Management, Inc., Kevin Burke, Burke Corporation, Alex Williams, Charlotte Williams, Derry Postal & Packaging, Inc., McGuinness Enterprises, LLC, Margo Dixon, Jerome Salerno, Joseph Salerno, SClass Management, Inc., Frederick W Formon, Joseph P McGuinness, Janet V Formon, Formon Associates, Inc., Thomas J Diercks, Michael L Seiler, Cynthia J Seiler, Komb Holdings LLC, Samica Enterprises LLC, Kingman Enterprises, LLC, William A Connor, Linda J Connor, JEM Connor Corporation, Marguerite Marchio, Markio, LLC, Susan R Newsom, Hickory Flat Mail, Inc., Milos Todorovic, Elizabeth M Todorovic, Boca, Incorporated, Connie J Jones, Michael J Jones, Broadwater Shipping Centre, LLC, Jeffrey D Hughes, Robin Susan Hughes, Jeffrey Hughes, LLC, Benny Newton, Cheryl B Newton, Bencher Investments LLC, Robert B Leach, Regina M Leach, R & G Enterprises Company Inc, Nancy L Dryburgh, John R Dryburgh, Executive Business Group, Inc., Andrew R Roquet, Carrie L Roquet, CAL Partners, Inc., Timothy B Coffee, Coffee Times Eight, Inc., Herbert W Howard, Valerie L Howard, HV Howard Enterprises, Inc., Kathleen A Ladich, Ladich, LLC, Eagle Shipping LLC, Blair Payne, Denise Payne, PDB, Inc, Paul Yanakakis, Lindsey Yanakakis, Yanaco, Inc., Jayne Stephens, J.D. Stephens, Inc., Keith L Dean, Solid Strategies, Inc., Donald Grout, Grout Holdings, LLC, Gretchen L Woods, Robert Woods, Lucille's Legacy, LLC, Michael Gorlano, Randy Gorlano, M. Gorlano Enterprises, Denise C Taylor, James T Taylor, October 15th Corp., David J Benson, Linda A Benson, Benson Mail Service, Inc., William A Weir, Jennifer R Weir, Christopher L Burrell, Jack Fiamingo, Jax Maximus Inc., Jeffrey Rozwadowski, Stacy Rozwadowski, Roz Enterprises, Inc., Kenneth Hugh Davis, Habel Inc, Kenneth L Beets, Gail M Beets, KLB Enterprises Inc, Village Post LLC, Thomas McMahon, Laura McMahon, Craig Bohn, Linda Bohn, Import Center Warehouse Division, Inc., Scott Vradelis, Catherine Montgomery, Montellis Communications, Inc., Barbara P Feldman, Walter M Feldman, Woodbine Enterprises, Inc., Stephen W Grabowski, Thomas Cuce, Rosemary A Merrigan, Bux-Mont Parcel Services, LLC, Roger D Tapp, Crystal L Tapp, Tapp Enterprises LLC, W Reid Richardson, Jr, Randall M Richardson, Marshall D Kohen, Joseph T Maher, Jerald Reingold, TamRoe Inc, Bruce E Olson, Olson Northstar, Inc., Charles R Matthews, MBMP Inc, Michele A Matthews, Matthews Mailing Enterprises, Inc, Paul McClintock, McClintock Enterprises, Inc, Joseph A Rosenberg, Stephanie M Rosenberg, Terrance Hayes, Evanthe Hayes, E. T. Hayes, LLC, Joyce Wagner, J & J Services, Inc., Douglas B Gard, Don I Gard, Gard Properties, LLC, Gard Enterprises, LLC, Richard M Rosenbaum, RMR & Associates, Inc., David T. Baran, Inc., Ian Coren, Ellen Coren, Coren Enterprises, LLC, Kory Waisner, Annette L Waisner, Waisner Inc., Amrish R Desai, Arti A Desai, R & B Corporation, Joseph Malbrough, Cara Malbrough, Parland Place Associates, LLC, Robert P Minock, Formon Associates Inc, Madeline J Minock, Kay W Oak, Chang Y Oak, Steve Hupka, Larry Hupka, Cathy Hupka, Brian Rogga, The Rogga Corporation, Jack E Gillary, Lisa A Gillary, J & L Gillary, Inc.,, Erran Bennett, Dean Koch, Koch Enterprises, Inc., Gary C Powell, Pow-Pack, Inc., Kathleen M Nevin, Kyle Gregerson, KGJH Shipping, LLC, Patrick J Miller, Diver Down Delivery, Inc., Jayesh M Patel, Nitasha Enterprises, Inc., Makan Enterprises, Inc., Jennifer Midkiff, Gary C Noble, William Dudley, Prenoley, Inc., Shantilal L Jani, Jani & Son Inc.,, Shekhar Gosai, Naggin Gosai, Shiv Shakti Corporation, Inc., Nancy Kasza-Scott, John David Scott, Scott Business Group, Ltd.,, Jayanti Patel, Anitaben Patel, Gerald Benson, By LLC, Sandra Philhower, MBMP, Inc., Laurie Ann Cobb, Rudy Corp, Daniel J Sweeney, DJTS Inc., TYG Ventures, LLC, Raul Flores, Cynthia Flores, Flores Postal Services, LLC, Philip J MacGowan, Donna M MacGowan, Linda Knight, Joe Knight, NBI, LLC, Neil Gulsvig, Janice Gulsvig, David Child, Victoria L Child, William-Dalton Consulting, Inc., Roger Egan, Joaquin Rosal, Jennifer Diaz, Albert Diaz, WB Pomona, LLP, Joseph Spagnola, James Walsh, S & W Boston Stores, LLC, James J Connelly, Ton-Up, LLC, Robert Carpinello, Michael Carpinello, Thomas Constantino, Lenmik Express Corp., Bull Express Inc., Kingship, LLC, Thomas S Ruth, Platt Business Services, Inc.,, Cornell Dyce, Rosemarie Roopchand, Corosenell, LLC, Carlos Garcia, Donlos, Inc., Jesse McDaniels, Leroy Langston, Michael Majors, MML, LLC, John K Comerford, Comerford Service Resources, Inc., Richard L Rayment, Mary E Rayment, Rayment MST, LLC, Ann Schauperl, Joerg Schauperl, Tom King, MWK, Inc., Brandon Phillips, Marcia Phillips, Beemar, Inc., Richard O Retrum, Dan Torres, ROR Enterprises, Inc., Philip R Maniscalco, Nancy L Maniscalco, Stuart Ehlers, Robin Ehlers, Frank Flammer, Judy Flammer, Mail Call, Inc., Gerard Difruscia, Edward Meyerhoefer, Patricia Reali, Reali Meyerhoefer, LLC, Garry M Davis, GMD Enterprises, LLC, Tessa Dee Meyers, Terry Meyers, Quicksilver Enterprises, Inc., Brian Coyle, Patricia A Coyle, WPBC, Inc., Thomas H Eblen, Thomas W Eblen, Ebco, Inc., Linda V Ollerman, Robert J Ollerman, Saremma, Inc., Sharon Brewer, Lloyd Brewer, K & A Restaurants, Inc., David K Smith, Parcel Express Shipping & Storage, Inc., Keith Ogren, Candace Hill, HCH, LLC, John T Gallo, Rista Packaging, Inc., Ken M Patel, Bowdoin Up LLC, Chintan K Patel, Parchino, Inc., Frank Scarso, Luigi Giunta, Dean Giasi, Pozzallo Partners, Inc., D.F.M. Corporation, James E O'Connor, JEO Enterprises, LLC, Susan Merkatoris, Larboard Enterprises, LLC, Donald R. Snapp Jr., Inc., Donald R Snapp, Jr, William Michael Kirk, Charles D Stoflet, Nannette Stoflet, CDS Business Group, Inc., Scott Richardson, Jennifer Richardson, Scott & Jennifer Richardson, LLC, Howard Clark, Modern Technology Corporation, Natvarlal C Prajapati, Varsha N Prajapati, Steven Richards, Esther Richards, Noah & Folks, LLC, Mark A Zimmerman, Michelle Pare, Zimmerman & Pare, LLC, Alvin F Snyder, Upscale Management, Inc., Ryan Olsen, Tristar Property Development Inc, Margaret K Wallmann, Ryan Olsen Enterprises, Inc., Darren Miles, Cynthia Miles, LaForge Miles Corporation, Brian Parks, Cynthia Beshada, Ost Mark Inc., James Highley, Ernest Highley, H & H Enterprises, Janice Margaret Burke, William Hunter Burke, Ginger Louise Prohaska, Timothy Arnold Prohaska, Part II, Inc, Caroline Schroeder, Fox Cities Business Services, LLC, Vincent L Natelli, Angela Natelli, Eagle Shipping LLC, Maureen Richards, MTR Bailey, Inc., John Rousseau, Boardwalk Communications, Inc., Albert Schomp, IV, David Leite, Rebecca Leite, DR Leite, Inc., Frederick Chris Farrar, Farrar Enterprises, Inc., Richard W Marx, Marx of Excellence, Inc., Don Freeman, Diane Freeman, McClintock Enterprises Inc, Extex Inc, Freemax, Inc., Tap Enterprises LLC, S and L Management Inc, Wayne County Holdings Inc, Ladich LLC; Receipt Number: 115060 in the amount of $455. (dmap) |
Filing 197 Civil Appeals Docketing Statement received from Plaintiffs Richard L Rayment forwarded to 9th CCA. RE: Notice of Appeal to 9th Circuit Court of Appeals #196 (Boulter, Robert) |
Filing 196 NOTICE OF APPEAL to the 9th CCA filed by Plaintiffs Richard L Rayment. (Filing Fee not paid.) (Boulter, Robert) |
Filing 195 MINUTES OF IN CHAMBERS ORDER held before Judge Otis D Wright, II: The Status Conference scheduled for January 22, 2009 at 3:00 p.m. is hereby CONTINUED to Friday, January 30, 2009 at 2:00 p.m. (lc) |
Filing 180 MINUTES OF IN CHAMBERS ORDER held before Judge Otis D Wright, II: Status Conference set for 1/22/2009 01:30 PM. (lc) |
Filing 179 ORDER that Defendants motions for summary judgment is GRANTED in its entirety #126 , #131 by Judge Otis D Wright, II, (Made JS-6. Case Terminated.) (lc) |
Filing 178 MINUTES OF Motion Hearing held before Judge Otis D Wright, II: RE: Defendants' Motion for Summary Judgment, or in the Alternative, Partial Summary Judgment Against the Phase I Plaintiffs #126 and Defendants' Motion for Summary Judgment, or in the Alternative Partial Summary Judgment Against the Phase II Plaintiffs #131 .The matters stand submitted. An order will issue.The Court indicates that it will grant plaintiffs application #162 for an order sealing plaintiffs opposition to defendants motion for summary judgment. A separate order will issue. Court Reporter: Anne Kielwasser. (lc) |
Filing 177 MINUTES OF IN CHAMBERS ORDER held before Judge Otis D Wright, II:On December 19, 2008 the Court issued a minute order taking Defendants Motions for SummaryJudgment #126 , #131 under submission and vacating the motion hearing. Upon further review, the Court has determined that a hearing is warranted. Accordingly, the Court sets a hearing on Defendants motions for summary judgment for Thursday, December 18, 2008 at 1:30 p.m. (see document for specifics) (lc) |
Filing 176 MINUTES OF IN CHAMBERS ORDER held before Judge Otis D Wright, II: re: MOTION for Summary Judgment as to OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT AGAINST THE PHASE II PLAINTIFFS #131 , MOTION for Summary Judgment as to OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT AGAINST THE PHASE I PLAINTIFFS #126 . Motions set for hearing on 12/18/2008 at 01:30 PM before Judge Otis D Wright II.) (rne) |
Filing 174 ORDER UPON STIPULATION #173 REGARDING TRIAL DATES AND CORRESPONDING DEADLINES: Last day to lodge Pre-Trial Conference Order, Pretrial Exhibit Stipulation, file Contentions of Fact and Law, Exhibit and Witness Lists, Settlement Status Report: 2/2/09. Agreed Upon Instruction and Verdict Forms, Joint Statements re Disputed Instructions Etc:2/2/09.Final Pre-Trial Conference, Motions in Limine Filed, Proposed Voir Dire, and Agreed Statement of Case: 2/9/09 3:30 PM. Hearings on Motions in Limine and Disputed Jury Instructions: 3/2/09 4:00 PM. Trial Brief (if Bench Trial): 3/3/09. File Final Trial Exhibit stipulation: 3/5/09. Trial of Phase I nonconverting plaintiffs: 3/10/09 9:00 AM. Trial of Phase II converting plaintiffs: 4/28/09 9:00 AM by Judge Otis D Wright II (lc) |
Filing 175 ORDER from 9th CCA filed, CCA # 08-80161. The petition for permission to appeal pursuant to 28 U.S.C. 1292(b) is denied. Order received in this district on 12/2/08. (car) |
Filing 173 Joint STIPULATION to Continue Trial Dates from January 20, 2009 to March 10, 2009 filed by Defendant Mail Boxes Etc Inc. (Attachments: #1 Declaration Hankes Declaration in Support of Stipulation for Continuance, #2 Declaration McDonald Declaration in Support of Stipulation re Trial Dates, #3 Proposed Order Proposed Order)(McDonald, Mark) |
Filing 172 MINUTES OF IN CHAMBERS ORDER held before Judge Otis D Wright, II:The hearing on Defendants' Motion for Summary Judgment, or in the Alternative, PartialSummary Judgment Against the Phase I Plaintiffs #126 and Defendants' Motion for Summary Judgment, or in the Alternative Partial Summary Judgment Against the Phase II Plaintiffs #131 , presently scheduled for November 24, 2008 at 1:30 p.m., is hereby VACATED. No appearances are necessary. The matters stand submitted. (lc) |
Filing 171 NOTICE OF LODGING filed of [Proposed] Order Denying Defendants' Motion for Summary Judgment as to the Phase II Plaintiffs re APPLICATION for Leave to File filing under seal of plaintiffs opposition to defendnats motion for summary judgment #162 (Attachments: #1 Proposed Order Denying Defendants' Motion for Summary Judgment as to the Phase II Plaintiffs)(Lagarias, Peter) |
Filing 170 NOTICE OF LODGING filed of [Proposed] Order Denying Defendants' Motion for Summary Judgment as to the Phase I Plaintiffs re APPLICATION for Leave to File filing under seal of plaintiffs opposition to defendnats motion for summary judgment #162 (Attachments: #1 Proposed Order Denying Defendants' Motion for Summary Judgment As To The Phase I Plaintiffs)(Lagarias, Peter) |
Filing 169 DECLARATION of MARK R. McDONALD IN SUPPORT OF DEFENDANTS' REPLY IN SUPPORT OF MOTION for Summary Judgment as to OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT AGAINST THE PHASE II PLAINTIFFS #131 , MOTION for Summary Judgment as to OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT AGAINST THE PHASE I PLAINTIFFS #126 filed by Defendants Mail Boxes Etc Inc, United Parcel Service Inc, Mail Boxes Etc USA Inc, Mail Boxes ETC. (Attachments: #1 Exhibit A)(McDonald, Mark) |
Filing 168 REPLY DEFENDANTS' OBJECTIONS TO PLAINTIFFS' EVIDENCE IN SUPPORT OF OPPOSITION TO DEFENDANTS' PHASE I AND PHASE II MOTIONS FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT filed by Defendants Mail Boxes Etc Inc, United Parcel Service Inc, Mail Boxes Etc USA Inc, Mail Boxes ETC. (McDonald, Mark) |
Filing 167 REPLY TO THE PHASE II PLAINTIFFS' STATEMENT OF GENUINE ISSUES AND RESPONSE TO THE PHASE II PLAINTIFFS' ADDITIONAL MATERIAL FACTS filed by Defendants Mail Boxes Etc Inc, United Parcel Service Inc. (McDonald, Mark) |
Filing 166 REPLY IN SUPPORT OF MOTION for Summary Judgment as to OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT AGAINST THE PHASE II PLAINTIFFS #131 filed by Defendants Mail Boxes Etc Inc, United Parcel Service Inc. (McDonald, Mark) |
Filing 165 REPLY TO THE PHASE I PLAINTIFFS' STATEMENT OF GENUINE ISSUES AND RESPONSE TO THE PHASE I PLAINTIFFS' ADDITIONAL MATERIAL FACTS filed by Defendants Mail Boxes Etc Inc, United Parcel Service Inc. (McDonald, Mark) |
Filing 164 REPLY IN SUPPORT OF MOTION for Summary Judgment as to OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT AGAINST THE PHASE I PLAINTIFFS #126 filed by Defendants Mail Boxes Etc Inc, Mail Boxes Etc USA Inc. (McDonald, Mark) |
Filing 163 MINUTES OF IN CHAMBERS ORDER held before Judge Otis D Wright, II: Court continues the hearings on Defendants Motion for Summary Judgment, or in the Alternative, Partial Summary Judgment Against the Phase I Plaintiffs #126 and defendants Motion for Summary Judgment, or in the Alternative Partial Summary Judgment Against the Phase Ii Plaintiffs #131 presently scheduled for November 17, 2008 at 1:30 p.m., are hereby CONTINUED to Monday, November 24, 2008 at 1:30 p.m. (lc) |
Filing 194 SEALED DOCUMENT- Plaintiffs' Evidence in Opposition to Defendants' Motion for Summary Judgment or, In the Alternative, Partial Summary Judgment. Vol 8 of 8 (Attachments: Part 2, Part 3, Part 4, Part 5, Part 6, Part 7, Part 8, Part 9)(mat) |
Filing 193 SEALED DOCUMENT- Plaintiffs' Evidence in Opposition to Defendants' Motion for Summary Judgment or, In the Alternative, Partial Summary Judgment. Vol 7 of 8 (Attachments: Part 2, Part 3, Part 4, Part 5, Part 6, Part 7, Part 8, Part 9, Part 10)(mat) |
Filing 192 SEALED DOCUMENT- Plaintiffs' Evidence in Opposition to Defendants' Motion for Summary Judgment or, In the Alternative, Partial Summary Judgment. Vol 6 of 8 (Attachments: Part 2, Part 3, Part 4,Part 5,Part 6, Part 7, Part 8, Part 9, Part 10)(mat) |
Filing 191 SEALED DOCUMENT- Plaintiffs' Evidence in Opposition to Defendants' Motion for Summary Judgment or, In the Alternative, Partial Summary Judgment. Vol 5 of 8 (Attachments: Part 2, Part 3, Part 4, Part 5, Part 6, Part 7, Part 8, Part 9)(mat) |
Filing 190 SEALED DOCUMENT- Plaintiffs' Evidence in Opposition to Defendants' Motion for Summary Judgment or, In the Alternative, Partial Summary Judgment. Vol 4 of 8 (Attachments: Part 2, Part 3, Part 4, Part 5, Part 6, Part 7, Part 8, Part 9)(mat) |
Filing 189 SEALED DOCUMENT- Plaintiffs' Evidence in Opposition to Defendants' Motion for Summary Judgment or, In the Alternative, Partial Summary Judgment. Vol 3 of 8 (Attachments: Part 2, Part 3, Part 4, Part 5, Part 6, Part 7, Part 8, Part 9, Part 10)(mat) |
Filing 188 SEALED DOCUMENT- Plaintiffs' Evidence in Opposition to Defendants' Motion for Summary Judgment or, In the Alternative, Partial Summary Judgment. Vol 2 of 8 (Attachments: Part 2, Part 3, Part 4, Part 5, Part 6, Part 7)(mat) |
Filing 187 SEALED DOCUMENT- Plaintiffs' Evidence in Opposition to Defendants' Motion for Summary Judgment or, In the Alternative, Partial Summary Judgment. Vol. 1 of 8. (Attachments: Part 2, Part 3, Part 4, Part 5,Part 6, Part 7, Part 8, Part 9, Part 10, Part 11, Part 12)(mat) |
Filing 186 SEALED DOCUMENT- Declaration of Peter C. Lagarias in Opposition to Defendants' Motions for Summary Judgment or, In the Alternative, Partial Summary Judgment. (mat) |
Filing 185 SEALED DOCUMENT- Plaintiffs' Memorandum of Points and Authorities in Opposition to Defendants' Motion for Summary Judgment or, In the Alternative, Summary Adjudication Regarding Phase Two MBE Converting Plaintiffs. (mat) |
Filing 184 SEALED DOCUMENT- Plaintiffs' Memorandum of Points and Authorities in Opposition to Defendants' Motion for Summary Judgment or, In the Alternative, Summary Adjudication Regarding Phase One UPS Store Plaintiffs. (mat) |
Filing 183 SEALED DOCUMENT- Plaintiffs' Statement of Genuine Issues and Conclusions of Law in Opposition to Motion for Summary Judgment or, In the Alternative, Partial Summary Judgment Against the Phase II MBE Converting Plaintiffs. (mat) (Additional attachment(s) added on 1/13/2009: Part 2) (mat). |
Filing 182 SEALED DOCUMENT- Plaintiffs Statement of Genuine Issues and Conclusions of Law in Opposition to Motion for Summary Judgment or, In the Alternative, Partial Summary Judgment Against the Phase I UPS Store Plaintiffs. (mat) |
Filing 181 ORDER granting APPLICATION for Leave to File filing under seal of plaintiffs opposition to defendant motion for summary judgment #162 (see document for specifics) by Judge Otis D Wright, II (lc) |
Filing 162 APPLICATION for order permitting filing under seal of plaintiffs opposition to defendants motion for summary judgment filed by plaintiffs, Lodged order. (lc) |
Filing 161 PROOF OF SERVICE filed by Plaintiff Richard L Rayment, Mary E Rayment, Rayment MST, LLC, re Declaration (Motion related), Declaration (Motion related) #158 , Declaration (Motion related), Declaration (Motion related) #155 , Declaration (Motion related), Declaration (Motion related) #159 , Declaration (Motion related), Declaration (Motion related) #154 , Declaration (Motion related), Declaration (Motion related) #156 , Notice of Manual Filing (G-92), Notice of Manual Filing (G-92) #160 , Declaration (Motion related), Declaration (Motion related) #157 , Declaration (Motion related), Declaration (Motion related) #152 , Declaration (Motion related), Declaration (Motion related) #153 served on 10-27-08. (Lagarias, Peter) |
Filing 160 NOTICE of Manual Filing filed by Plaintiffs Richard L Rayment, Mary E Rayment, Rayment MST, LLC of Plaintiffs' Memoranda of Points and Authorities in Opposition to Defendants' MSJ (Phase I and Phase II); Plaintiffs' Statements of Genuine Issues (Phase I and II); Declaration of Peter C. Lagarias in Opposition to Defendants' MSJ; Plaintiffs' Appilcation for an Order Permitting Filing Under Seal; and [Proposed] Order Permitting Filing Under Seal. (Lagarias, Peter) |
Filing 159 DECLARATION of John Thomas in Opposition to MOTION for Summary Judgment as to OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT AGAINST THE PHASE II PLAINTIFFS #131 , MOTION for Summary Judgment as to OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT AGAINST THE PHASE I PLAINTIFFS #126 filed by Plaintiff John P Thomas. (Lagarias, Peter) |
Filing 158 DECLARATION of James M. Skiersch in Opposition to MOTION for Summary Judgment as to OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT AGAINST THE PHASE II PLAINTIFFS #131 , MOTION for Summary Judgment as to OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT AGAINST THE PHASE I PLAINTIFFS #126 filed by Plaintiff James M Skiersch. (Lagarias, Peter) |
Filing 157 DECLARATION of Stephen Roat in Opposition to MOTION for Summary Judgment as to OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT AGAINST THE PHASE II PLAINTIFFS #131 , MOTION for Summary Judgment as to OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT AGAINST THE PHASE I PLAINTIFFS #126 filed by Plaintiff Stephen Roat. (Lagarias, Peter) |
Filing 156 DECLARATION of Richard L. Rayment in Opposition to MOTION for Summary Judgment as to OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT AGAINST THE PHASE II PLAINTIFFS #131 , MOTION for Summary Judgment as to OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT AGAINST THE PHASE I PLAINTIFFS #126 filed by Plaintiff Richard L Rayment. (Lagarias, Peter) |
Filing 155 DECLARATION of Steve Johnson in Opposition to MOTION for Summary Judgment as to OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT AGAINST THE PHASE II PLAINTIFFS #131 , MOTION for Summary Judgment as to OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT AGAINST THE PHASE I PLAINTIFFS #126 filed by Plaintiff Steven W Johnson. (Lagarias, Peter) |
Filing 154 DECLARATION of William Dudley in Opposition to MOTION for Summary Judgment as to OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT AGAINST THE PHASE II PLAINTIFFS #131 , MOTION for Summary Judgment as to OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT AGAINST THE PHASE I PLAINTIFFS #126 filed by Plaintiff William Dudley. (Lagarias, Peter) |
Filing 153 DECLARATION of Jensen Bull in Opposition to MOTION for Summary Judgment as to OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT AGAINST THE PHASE II PLAINTIFFS #131 , MOTION for Summary Judgment as to OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT AGAINST THE PHASE I PLAINTIFFS #126 filed by Plaintiff Jensen E Bull. (Lagarias, Peter) |
Filing 152 DECLARATION of Gary Archambault in Opposition to MOTION for Summary Judgment as to OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT AGAINST THE PHASE II PLAINTIFFS #131 , MOTION for Summary Judgment as to OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT AGAINST THE PHASE I PLAINTIFFS #126 filed by Plaintiff Gary Archambault. (Lagarias, Peter) |
Filing 151 ORDER upon Stipulation #149 for the purposes of Mr. Mounts deposition and the designated expert depositions only, the discovery cut-off is extended to November 14, 2008. Other than depositions previously agreed, Mr. Mounts deposition, and the designated expert depositions, there will be no further depositions by Plaintiffs until after the January and March trials in this action by Judge Otis D Wright, II (lc) |
Filing 150 MINUTES OF IN CHAMBERS ORDER held before Judge Otis D Wright, II: Court Denies plaintiffs EX PARTE APPLICATION to Strike Defendants' Motions For Summary Judgment #145 . (lc) |
Filing 149 STIPULATION to Extend Discovery Cut-Off Date to 11/14/08 filed by Defendant Mail Boxes Etc Inc, United Parcel Service, United Parcel Service Inc(a Ohio franchise corporation), United Parcel Service Inc(a New York corporation), Mail Boxes Etc USA Inc, Mail Boxes ETC, United Parcel Service of America, Inc.. (Attachments: #1 Proposed Order Extending Discovery Deadline for David Mount's Deposition Only)(Barrett, Jane) |
Filing 148 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Judge Otis D Wright, II The document is accepted as filed RE: Response in Opposition to Motion, #146 (tad) |
Filing 147 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: exhibits attached to main document, are missing the "divider" page that identifies the exhibits and corresponds to docket entry attachments RE: Response in Opposition to Motion,, #146 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (lc) |
Filing 146 OPPOSITION to EX PARTE APPLICATION to Strike Defendants' Motions For Summary Judgment #145 filed by Defendants Mail Boxes Etc Inc, Mail Boxes Etc USA Inc, Mail Boxes ETC. (Attachments: #1 Declaration of Mark R. McDonald, #2 Exhibit A to McDonald Declaration, #3 Exhibit B to McDonald Declaration, #4 Exhibit C to McDonald Declaration, #5 Exhibit D to McDonald Declaration, #6 Exhibit E - to McDonald Declaration, #7 Exhibit F to McDonald Declaration, #8 Exhibit G to McDonald Declaration)(McDonald, Mark) |
Filing 145 EX PARTE APPLICATION to Strike Defendants' Motions For Summary Judgment filed by Plaintiff Richard L Rayment. (Attachments: #1 Declaration of Michael Hankes Supporting Application, #2 Declaration of Robert Boulter Supporting Application, #3 Declaration Peter Lagarias Supporting Application, #4 Appendix of Authorities Supporting Application, #5 Proposed Motion to Strike, #6 Proposed Order Granting Ex Parte Application To Strike)(Boulter, Robert) |
Filing 144 MINUTES OF IN CHAMBERS ORDER DENYING PLAINTIFFS' MOTION TO COMPEL DOCUMENT RESPONSES RE: FOURTH DOCUMENT REQUEST; DENYING PLAINTIFFS' MOTION TO COMPEL ANSWERS TO DEPOSITION QUESTIONS; AND TAKING THE 10/27/08 HEARING OFF-CALENDAR held before Magistrate Judge Carolyn Turchin: re: Joint Stipulation re Discovery Motion, #143 , MOTION to Compel Production of Documents in Response to Fourth Document Request #140 , MOTION to Compel Answers to Deposition Questions #142 , Joint Stipulation re Discovery Motion, #141 . (dam) |
Filing 143 JOINT STIPULATION to MOTION to Compel Answers to Deposition Questions #142 filed by Plaintiffs Richard L Rayment, Mary E Rayment, Rayment MST, LLC. (Attachments: #1 Declaration Robert S. Boulter, #2 Declaration Mark R. McDonald)(Boulter, Robert) |
Filing 142 NOTICE OF MOTION AND MOTION to Compel Answers to Deposition Questions filed by Plaintiffs Richard L Rayment, Mary E Rayment, Rayment MST, LLC. Motion set for hearing on 10/27/2008 at 02:00 PM before Magistrate Judge Carolyn Turchin. (Boulter, Robert) |
Filing 141 JOINT STIPULATION to MOTION to Compel Production of Documents in Response to Fourth Document Request #140 filed by Plaintiffs Richard L Rayment, Mary E Rayment, Rayment MST, LLC. (Attachments: #1 Declaration Michael L. Hankes, #2 Declaration Mark R. McDonald, #3 Declaration Don Van Buren)(Hankes, L) |
Filing 140 NOTICE OF MOTION AND MOTION to Compel Production of Documents in Response to Fourth Document Request filed by Plaintiffs Richard L Rayment, Mary E Rayment, Rayment MST, LLC. Motion set for hearing on 10/27/2008 at 02:00 PM before Magistrate Judge Carolyn Turchin. (Hankes, L) |
Filing 139 APPENDIX filed by Defendants Mail Boxes Etc Inc, United Parcel Service, United Parcel Service Inc, United Parcel Service Inc, Does, Mail Boxes Etc USA Inc, Mail Boxes ETC, United Parcel Service of America, Inc.. Re: MOTION for Summary Judgment as to OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT AGAINST THE PHASE II PLAINTIFFS #131 , MOTION for Summary Judgment as to OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT AGAINST THE PHASE I PLAINTIFFS #126 JOINT STIPULATION REGARDING AUTHENTICITY OF EVIDENCE (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H - PART 1 OF 2, #9 Exhibit H - PART 2 OF 2, #10 Exhibit I - PART 1 OF 2, #11 Exhibit I - PART 2 OF 2)(McDonald, Mark) |
Filing 138 DECLARATION of ROBERT J. FONZO IN SUPPORT OF DEFENDANTS' MOTION for Summary Judgment as to OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT AGAINST THE PHASE II PLAINTIFFS #131 , MOTION for Summary Judgment as to OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT AGAINST THE PHASE I PLAINTIFFS #126 filed by Defendants Mail Boxes Etc Inc, United Parcel Service, United Parcel Service Inc, United Parcel Service Inc, Does, Mail Boxes Etc USA Inc, Mail Boxes ETC, United Parcel Service of America, Inc.. (McDonald, Mark) |
Filing 137 DECLARATION of MARC SIRIS IN SUPPORT OF DEFENDANTS' MOTION for Summary Judgment as to OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT AGAINST THE PHASE II PLAINTIFFS #131 , MOTION for Summary Judgment as to OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT AGAINST THE PHASE I PLAINTIFFS #126 filed by Defendants Mail Boxes Etc Inc, United Parcel Service, United Parcel Service Inc, United Parcel Service Inc, Does, Mail Boxes Etc USA Inc, Mail Boxes ETC, United Parcel Service of America, Inc.. (Attachments: #1 Exhibit 1)(McDonald, Mark) |
Filing 136 DECLARATION of MARK R. MCDONALD IN SUPPORT OF MOTION for Summary Judgment as to OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT AGAINST THE PHASE II PLAINTIFFS #131 , MOTION for Summary Judgment as to OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT AGAINST THE PHASE I PLAINTIFFS #126 filed by Defendants Mail Boxes Etc Inc, United Parcel Service, United Parcel Service Inc, United Parcel Service Inc, Does, Mail Boxes Etc USA Inc, Mail Boxes ETC, United Parcel Service of America, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26)(McDonald, Mark) |
Filing 135 NOTICE OF LODGING filed [PROPOSED] JUDGMENT IN SUPPORT OF re MOTION for Summary Judgment as to OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT AGAINST THE PHASE II PLAINTIFFS #131 (Attachments: #1 Proposed Order [PROPOSED] JUDGMENT IN FAVOR OF DEFENDANTS AGAINST THE PHASE II PLAINTIFFS)(McDonald, Mark) |
Filing 134 STATEMENT of [PROPOSED] STATEMENT OF DECISION GRANTING DEFENDANTS' MOTION for Summary Judgment as to OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT AGAINST THE PHASE II PLAINTIFFS #131 filed by Defendants Mail Boxes Etc Inc, United Parcel Service, United Parcel Service Inc, United Parcel Service Inc, Does, Mail Boxes Etc USA Inc, Mail Boxes ETC, United Parcel Service of America, Inc.. (McDonald, Mark) |
Filing 133 STATEMENT of UNCONTROVERTED FACTS AND CONCLUSIONS OF LAW IN SUPPORT OF MOTION for Summary Judgment as to OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT AGAINST THE PHASE II PLAINTIFFS #131 filed by Defendants Mail Boxes Etc Inc, United Parcel Service, United Parcel Service Inc, United Parcel Service Inc, Does, Mail Boxes Etc USA Inc, Mail Boxes ETC, United Parcel Service of America, Inc.. (McDonald, Mark) |
Filing 132 MEMORANDUM in Support of MOTION for Summary Judgment as to OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT AGAINST THE PHASE II PLAINTIFFS #131 DEFENDANTS' MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT AGAINST THE PHASE II PLAINTIFFS filed by Defendants Mail Boxes Etc Inc, United Parcel Service, United Parcel Service Inc, United Parcel Service Inc, Does, Mail Boxes Etc USA Inc, Mail Boxes ETC, United Parcel Service of America, Inc.. (McDonald, Mark) |
Filing 131 NOTICE OF MOTION AND MOTION for Summary Judgment as to OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT AGAINST THE PHASE II PLAINTIFFS filed by DEFENDANTS Mail Boxes Etc Inc, United Parcel Service, United Parcel Service Inc(a Ohio franchise corporation), United Parcel Service Inc(a New York corporation), Does, Mail Boxes Etc USA Inc, Mail Boxes ETC, United Parcel Service of America, Inc.. (McDonald, Mark) |
Filing 130 NOTICE OF LODGING filed [PROPOSED] JUDGMENTS IN SUPPORT OF re MOTION for Summary Judgment as to OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT AGAINST THE PHASE I PLAINTIFFS #126 (Attachments: #1 Proposed Order [PROPOSED] JUDGMENT GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT AGAINST THE PHASE I PLAINTIFFS)(McDonald, Mark) |
Filing 129 STATEMENT of [PROPOSED] STATEMENT OF DECISION GRANTING DEFENDANTS' MOTION for Summary Judgment as to OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT AGAINST THE PHASE I PLAINTIFFS #126 filed by Defendants Mail Boxes Etc Inc, United Parcel Service, United Parcel Service Inc, United Parcel Service Inc, Does, Mail Boxes Etc USA Inc, Mail Boxes ETC, United Parcel Service of America, Inc.. (McDonald, Mark) |
Filing 128 STATEMENT of UNCONTROVERTED FACTS AND CONCLUSIONS OF LAW IN SUPPORT OF MOTION for Summary Judgment as to OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT AGAINST THE PHASE I PLAINTIFFS #126 filed by Defendants Mail Boxes Etc Inc, United Parcel Service, United Parcel Service Inc, United Parcel Service Inc, Does, Mail Boxes Etc USA Inc, Mail Boxes ETC, United Parcel Service of America, Inc.. (McDonald, Mark) |
Filing 127 MEMORANDUM in Support of MOTION for Summary Judgment as to OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT AGAINST THE PHASE I PLAINTIFFS #126 DEFENDANTS' MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT AGAINST THE PHASE I PLAINTIFFS filed by Defendants Mail Boxes Etc Inc, United Parcel Service, United Parcel Service Inc, United Parcel Service Inc, Does, Mail Boxes Etc USA Inc, Mail Boxes ETC, United Parcel Service of America, Inc.. (McDonald, Mark) |
Filing 126 NOTICE OF MOTION AND MOTION for Summary Judgment as to OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT AGAINST THE PHASE I PLAINTIFFS filed by Defendants Mail Boxes Etc Inc, United Parcel Service, United Parcel Service Inc(a Ohio franchise corporation), United Parcel Service Inc(a New York corporation), Does, Mail Boxes Etc USA Inc, Mail Boxes ETC, United Parcel Service of America, Inc.. (McDonald, Mark) |
Filing 125 ORDER GRANTING ORDER GRANTING MOTION FOR CERTIFICATION OF THE COURTS JULY 15, 2008 ORDER FOR APPEAL PURSUANT TO 28 U.S.C. 1292(b) #111 by Judge Otis D Wright, II (lc) |
Filing 124 MINUTES OF IN CHAMBERS ORDER DENYING PLAINTIFFS' MOTION FOR LEAVE TO TAKE ADDITIONAL DEPOSITIONS WITHOUT PREJUDICE,; TAKING THE OCTOBER 14, 2008 HEARING OFF CALENDAR; ORDERING COUNSEL TO MEET AND CONFER; DENYING WITHOUT PREJUDICE APPLICATION TO FILE DECLARATION UNDER SEAL, AND ORDERING LODGED DOCUMENTS RETURNED TO COUNSEL held before Magistrate Judge Carolyn Turchin: re: APPLICATION for Leave to File Under Seal, The Declaration of Robert S. Boulter Supporting Motion For Leave to Take Additional Depositions #118 , Notice of Manual Filing (G-92) #117 , Amendment (Motion related), Amendment (Motion related) #119 , MOTION to Compel Deposition of UPS, Kurt Kuehn, David Mounts, Bob Mundt, Allen Gershen #122 , Declaration (Motion related) #123 . (dam) |
Filing 123 DECLARATION of Robert S. Boulter In Support of MOTION to Compel Deposition of UPS, Kurt Kuehn, David Mounts, Bob Mundt, Allen Gershen #122 filed by Plaintiff Richard L Rayment. (Boulter, Robert) |
Filing 122 NOTICE OF MOTION AND MOTION to Compel Deposition of UPS, Kurt Kuehn, David Mounts, Bob Mundt, Allen Gershen filed by Plaintiff Richard L Rayment. Motion set for hearing on 10/14/2008 at 02:00 PM before Magistrate Judge Carolyn Turchin. (Boulter, Robert) |
Filing 121 RESPONSE IN SUPPORT of MOTION to Certify July 15, 2008 Order for Appeal #111 Reply In Support of Motion to Certify July 15, 2008 Order for Appeal filed by Defendant Mail Boxes Etc Inc. (McDonald, Mark) |
Filing 120 MINUTES OF IN CHAMBERS ORDER held before Judge Otis D Wright, II: The hearing on Defendants' Motion for Certification of the July 15, 2008 Order for AppealPursuant to 28 USC 1292(b) #111 presently scheduled for September 29, 2008 at 1:30 p.m., is hereby VACATED. The matter stands submitted. An order will issue. (lc) |
Filing 119 Amendment to APPLICATION for Leave to File Under Seal, The Declaration of Robert S. Boulter Supporting Motion For Leave to Take Additional Depositions #118 To Include Proposed Order As Attachment filed by Plaintiff Mary E Rayment. (Boulter, Robert) |
Filing 118 APPLICATION for Leave to File Under Seal, The Declaration of Robert S. Boulter Supporting Motion For Leave to Take Additional Depositions filed by Plaintiff Richard L Rayment. Application set for hearing on 10/14/2008 at 02:00 PM before Magistrate Judge Carolyn Turchin. (Boulter, Robert) |
Filing 117 NOTICE of Manual Filing filed by Plaintiff Richard L Rayment of Sealed Declaration of Robert S. Boulter In Support of Motion for Leave to Take Additional Depositions. (Boulter, Robert) |
DOCUMENT number 120, Minutes of In chambers order deleted for the following reason: document wasn't attached; NEF wasn't generated.(stsh) |
Filing 116 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: wrong event: motion related document; correct event: Notice of lodging RE: Motion Related Document #115 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (lc) |
Filing 115 NOTICE OF LODGING OF [PROPOSED] ORDER re MOTION to Certify July 15, 2008 Order for Appeal #111 filed by Defendant Mail Boxes Etc Inc. (Attachments: #1 Proposed Order proposed order)(McDonald, Mark) |
Filing 114 MINUTES OF IN CHAMBERS ORDER held before Judge Otis D Wright, II: re: MOTION to Certify July 15, 2008 Order for Appeal #111 .( Motion continued to 9/29/2008 at 01:30 PM before Judge Otis D Wright II.) (sce) |
Filing 113 MEMORANDUM in Opposition Defendants' Motion For Certification of Order Denying Motion To Strike Jury Trial Demand filed by Plaintiff Richard L Rayment. (Boulter, Robert) |
Filing 112 OF SERVICE filed by Defendant Mail Boxes Etc Inc, United Parcel Service, United Parcel Service Inc(a Ohio franchise corporation), United Parcel Service Inc(a New York corporation), Mail Boxes Etc USA Inc, Mail Boxes ETC, United Parcel Service of America, Inc., re MOTION to Certify July 15, 2008 Order for Appeal #111 served on August 29, 2008. (Barrett, Jane) |
Filing 111 NOTICE OF MOTION AND MOTION to Certify July 15, 2008 Order for Appeal filed by Defendant Mail Boxes Etc Inc, United Parcel Service, United Parcel Service Inc(a Ohio franchise corporation), United Parcel Service Inc(a New York corporation), Mail Boxes Etc USA Inc, Mail Boxes ETC, United Parcel Service of America, Inc.. Motion set for hearing on 9/25/2008 at 01:30 PM before Judge Otis D Wright II. (Barrett, Jane) |
Filing 110 NOTICE OF CLERICAL ERROR: Due to clerical error Re: Erroneous additional pages were included in the PDF image of the Court's Order denying defendants motion to strike plaintiffs demand for jury trial #109 , incorrect image was replaced with the correct image of the court's order, which is also attached to this notice as a reference. (Attachments: #1 order denying motion to strike jury demand) (lc) |
Filing 109 ORDER denying defendants MOTION to Strike Jury Demand #102 by Judge Otis D Wright, II (lc) (Additional attachment(s) added on 7/17/2008: #1 order denying motion to strike jury demand) (lc). |
Filing 108 MINUTES OF IN CHAMBERS ORDER held before Judge Otis D Wright, II: The hearing on Defendants Motion to Strike Plaintiffs Demand for a Jury Trial #102 , presently scheduled for 7/14/08 at 1:30 p.m., is hereby VACATED. The matter stands submitted. (lc) |
Filing 107 REPLY In Support of a motion MOTION to Strike Jury Demand #102 Defendants' Reply in Support of Motion to Strike Plaintiffs' Jury Demand filed by Defendant Mail Boxes Etc Inc. (McDonald, Mark) |
Filing 106 DECLARATION of Michael L. Hankes in Opposition to Defendants' Motion to Strike Jury Trial Demand MOTION to Strike Jury Demand #102 filed by Plaintiff Gary Archambault. (Attachments: #1 Exhibit Pages 36-70 to Hankes Declaration, #2 Exhibit Pages 71-109 to Hankes Declaration)(Lagarias, Peter) |
Filing 105 MEMORANDUM in Opposition to Defendants' Motion to Strike Jury Trial Demand filed by Plaintiff Gary Archambault. (Lagarias, Peter) |
Filing 104 DECLARATION of Mark R. McDonald in Support of MOTION to Strike Jury Demand #102 filed by Defendants Mail Boxes Etc Inc, United Parcel Service, United Parcel Service Inc, United Parcel Service Inc, Mail Boxes Etc USA Inc, Mail Boxes ETC. (Attachments: #1 Exhibit A-1, #2 Exhibit A-2, #3 Exhibit B-1, #4 Exhibit B-2, #5 Exhibit C-1, #6 Exhibit C-2, #7 Exhibit D-1, #8 Exhibit D-2, #9 Exhibit E-1, #10 Exhibit E-2, #11 Exhibit F-1, #12 Exhibit F-2, #13 Exhibit G-1, #14 Exhibit G-2, #15 Exhibit H-1, #16 Exhibit H-2, #17 Exhibit I-1, #18 Exhibit I-2, #19 Exhibit J-1, #20 Exhibit J-2, #21 Exhibit K-1, #22 Exhibit K-2, #23 Exhibit L, #24 Exhibit M, #25 Exhibit N, #26 Exhibit O, #27 Exhibit P, #28 Exhibit Q)(Balian, Saro) |
Filing 103 MEMORANDUM in Support of MOTION to Strike Jury Demand #102 filed by Defendants Mail Boxes Etc Inc, United Parcel Service, United Parcel Service Inc, United Parcel Service Inc, Mail Boxes Etc USA Inc, Mail Boxes ETC. (Balian, Saro) |
Filing 102 NOTICE OF MOTION AND MOTION to Strike Jury Demand filed by Defendants Mail Boxes Etc Inc, United Parcel Service, United Parcel Service Inc(a Ohio franchise corporation), United Parcel Service Inc(a New York corporation), Mail Boxes Etc USA Inc, Mail Boxes ETC. Motion set for hearing on 7/14/2008 at 01:30 PM before Judge Otis D Wright II. (Attachments: #1 Proposed Order)(Balian, Saro) |
Filing 101 ORDER by Magistrate Judge Carolyn Turchin, DENYING Stipulation for Protective Order, #95 and Taking the June 23, 2008 Hearing Off-Calendar. **SEE ORDER FOR FURTHER DETAILS** (dt) |
Filing 100 SEALED DOCUMENT - SEALED DECLARATION of plaintiffs counsel Robert S. Boulter in support of plaintiffs MOTION for Preliminary Injunction. (ca) |
Filing 99 ORDER by Magistrate Judge Carolyn Turchin, GRANTING APPLICATION permitting the filing of the declaration of Robert S. Boulter seal #98 . ORDERED the Declaration of Robert S. Boulter shall be filed under seal in this matter. Neither the Application nor this Order must be maintain under seal. (ca) |
Filing 98 APPLICATION for an Order permitting filing of the declaration of Robert S. Boulter in opposition to defendants motion for protective order under seal filed by plaintiffs. (ca) |
Filing 97 MEMORANDUM of Points and Authorities in Support filed by defendant Mail Boxes Etc USA Inc. Defendants' Supplemental Memo of Law Re: Stipulation for Protective Order, #95 (Barrett, Jane) |
Filing 96 EXHIBIT Filed filed by Defendants Mail Boxes Etc Inc, United Parcel Service, United Parcel Service Inc, United Parcel Service Inc, Mail Boxes Etc USA Inc, Mail Boxes ETC, United Parcel Service of America, Inc.. Exh. A to Kolman Declaration as to Stipulation for Protective Order, #95 . (Attachments: #1 Exhibit A-1, #2 Exhibit A-2, #3 Exhibit A-3)(Barrett, Jane) |
Filing 95 Joint STIPULATION for Protective Order filed by Defendant Mail Boxes Etc Inc. (Attachments: #1 Declaration McDonald Declaration, #2 Declaration Boulter Declaration, #3 Exhibit Exhibit A to Boulter Declaration, #4 Exhibit Exhibit B to Boulter Declaration, #5 Exhibit Exhibit C to Boulter Declaration, #6 Declaration Kolman Declaration, #7 Proposed Order Proposed Order)(Barrett, Jane) |
Filing 94 NOTICE of Manual Filing filed by Plaintiff John P Thomas of Sealed Declaration of Robert S. Boulter. (Boulter, Robert) |
Filing 93 ORDER by Judge Otis D Wright II upon Stipulation #91 :Initial disclosure of experts: 9/17/08; Last Day to file summary judgment:10/30/08;Disclosure of rebuttal experts: 10/14/08; Last Day For Settlement Conference: 10/20/08; Discovery Cut-Off: 10/08/.08; Last Day to file summary judgment oppositions: 10/28/08; Last Day to file summary judgment reply briefs: 11/10/08;;Last day to hear motions: 11/17/08, 1:30 PM; Summary judgment hearing: 11/17/08 1:30 PM; Last day to conduct meeting of counsel: 11/12/08; Last day to lodge Pre-Trial Conference Order & Pretrial Exhibit Stipulation, file Contentions of Fact and Law, Exhibit and Witness Lists, Settlement Status Report, Agreed UponInstruction and Verdict Forms, Joint Statements re Disputed InstructionsEtc: 12/8/08; Final Pre-Trial Conference, Motions in Limine Filed, ProposedVoir Dire, and Agreed Statement of Case: 12/22/08 3:30 PM; Hearings on Motions in Limine and Disputed Jury Instructions: 1/12/09, 4:00 PM; Trial of Phase I: 1/20/9 9:00l; Trial Phase II: 3/10/09 9:00 AM. (lc) |
Filing 92 MINUTES OF Status Conference held before Judge Otis D Wright II: The Court signs the parties Proposed Order Regarding Trial Dates and Corresponding Deadlines. The order continuing case dates will issue separately.Court Reporter: Anne Kielwasser. (tad) |
Filing 91 STIPULATION to Continue Trial Dates and Corresponding Deadlines filed by Defendant Mail Boxes Etc USA Inc. (Attachments: #1 Declaration Declaration of Mark McDonald#2 Declaration Declaration of Robert Boulter#3 Proposed Order Porposed Order)(McDonald, Mark) |
Filing 90 MINUTES OF IN CHAMBERS ORDER held before Judge Otis D Wright II: Court hereby sets a Status Conference set for 5/12/2008 01:30 PM. (lc) |
Filing 89 ORDER by Judge Otis D Wright II, DENYING Plaintiff's Motion for Preliminary Injunction. (sce) |
Filing 88 ORDER upon stipulation #87 that the parties shall serve expert disclosures and reports on or before June 20, 2008, and serve rebuttal expert disclosures and reports on or before July 18, 2008 by Judge Otis D Wright II (lc) |
Filing 87 STIPULATION for Order To Modify Deadlines Re Expert Disclosures filed by defendant Mail Boxes Etc USA Inc. (Attachments: #1 Proposed Order)(McDonald, Mark) |
Filing 86 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following deficiency was found: combined format of stipulation and order, with "it is so ordered" at end of document, order was not formally submitted as an attachment to main document; the stipulation and order was attached to itself: RE Stipulation for Order #85 (lc) |
Filing 85 STIPULATION for Order To Extend Deadline for Expert Disclosures filed by Defendant Mail Boxes Etc USA Inc. (Attachments: #1 Proposed Order)(McDonald, Mark) |
Filing 84 PROTECTIVE ORDER upon stipulation by Judge Otis D Wright II (lc) |
Filing 83 STIPULATION for Protective Order filed by defendant Mail Boxes Etc Inc. (Attachments: #1 Proposed Order)(Barrett, Jane) |
Filing 82 ORDER by Judge Otis D Wright II: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Stipulation for Protective Order, #80 , for the following reasons: proposed orders not attached to e-filed document;(see for other instructions) (lc) |
Filing 81 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following deficiency was found: missing formal proposed order to be submitted as an attachment to main document, action was or will be taken by filer: RE Stipulation for Protective Order, #80 (lc) |
Filing 80 STIPULATION for Protective Order filed by Defendant Mail Boxes Etc Inc, United Parcel Service, United Parcel Service Inc(a Ohio franchise corporation), United Parcel Service Inc(a New York corporation), Mail Boxes Etc USA Inc, Mail Boxes ETC, United Parcel Service of America, Inc.. (Attachments: #1 Exhibit A)(Barrett, Jane) Modified on 3/17/2008 (lc, ).(STRICKEN PER 3/17/08 ORDER) |
Filing 79 MINUTES OF Motion Hearing held before Judge Otis D Wright II: The matter stands submitted. An order will issue.Court Reporter: Anne Kielwasser. (tad) |
Filing 78 DECLARATION of Michael Hankes in support of MOTION for Preliminary Injunction re: Termination of Franchise Agreements #59 and in opposition to Defendants' evidentiary objections and request to strike filed by Plaintiffs Bob Strickland, Milos Todorovic, Elizabeth M Todorovic, W Reid Richardson, Jr. (Boulter, Robert) |
Filing 77 RESPONSE IN SUPPORT of MOTION for Preliminary Injunction re: Termination of Franchise Agreements #59 and In Opposition To Defendants' Evidentiary Objections And Request To Strike filed by Plaintiffs Bob Strickland, Milos Todorovic, Elizabeth M Todorovic, W Reid Richardson, Jr. (Boulter, Robert) |
Filing 76 REPLY In Opposition To Defendants' Opposition To Motion For Preliminary Injunction filed by Plaintiffs Bob Strickland, Milos Todorovic, Elizabeth M Todorovic, W Reid Richardson, Jr. (Boulter, Robert) |
Filing 75 DEFENDANTS' OBJECTIONS TO, AND REQUEST TO STRIKE REFERENCES TO, EVIDENCE SUBMITTED BY PLAINTIFFS IN SUPPORT OF THEIR REQUEST FOR PRELIMINARY INJUNCTION re MOTION for Preliminary Injunction re: Termination of Franchise Agreements #59 filed by Defendants Mail Boxes Etc Inc, United Parcel Service, United Parcel Service Inc, United Parcel Service Inc, Mail Boxes Etc USA Inc, Mail Boxes ETC, United Parcel Service of America, Inc.. (Barrett, Jane) |
Filing 74 REQUEST FOR JUDICIAL NOTICE re MOTION for Preliminary Injunction re: Termination of Franchise Agreements #59 In Support of Their Opposition to Plaintiffs' Motion for Preliminary Injunction filed by Defendants Mail Boxes Etc Inc, United Parcel Service, United Parcel Service Inc(a Ohio franchise corporation), United Parcel Service Inc(a New York corporation), Mail Boxes Etc USA Inc, Mail Boxes ETC, United Parcel Service of America, Inc.. (Attachments: #1 Exhibit Exhibit A#2 Exhibit Exhibit B)(Barrett, Jane) |
Filing 73 OPPOSITION to MOTION for Preliminary Injunction re: Termination of Franchise Agreements #59 filed by Defendants Mail Boxes Etc Inc, United Parcel Service, United Parcel Service Inc, United Parcel Service Inc, Mail Boxes Etc USA Inc, Mail Boxes ETC, United Parcel Service of America, Inc.. (Attachments: #1 Declaration Lawrence R. Katzin#2 Exhibit Exhibit A#3 Declaration Monica Yonker#4 Exhibit Exhibit A#5 Declaration Laura Vass#6 Exhibit Exhibit A Part 1#7 Exhibit Exhibit A Part 2#8 Exhibit Exhibit B Part 1#9 Exhibit Exhibit B Part 2#10 Exhibit Exhibit B Part 3#11 Exhibit Exhibit C Part 1#12 Exhibit Exhibit C Part 2#13 Exhibit Exhibit D#14 Exhibit Exhibit E Part 1#15 Exhibit Exhibit E Part 2#16 Exhibit Exhibit F#17 Exhibit Exhibit G Part 1#18 Exhibit Exhibit G Part 2#19 Exhibit Exhibit H#20 Exhibit Exhibit I#21 Exhibit Exhibit J#22 Exhibit Exhibit K Part 1#23 Exhibit Exhibit K Part 2#24 Exhibit Exhibit L#25 Exhibit Exhibit M#26 Exhibit Exhibit N#27 Exhibit Exhibit O Part 1#28 Exhibit Exhibit O Part 2#29 Exhibit Exhibit O Part 3#30 Exhibit Exhibit P#31 Exhibit Exhibit Q)(Barrett, Jane) |
Filing 72 STIPULATION AND ORDER by Judge Otis D Wright II:Motion for Preliminary Injunction continued to 3/3/2008 at 01:30 PM before Judge Otis D Wright II. (sce) |
Filing 69 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following deficiency was found: combined stipulation and order(it is so ordered) format; formal proposed orders are to be submitted as an attachment to the main document, action was or will be taken by filer: RE Stipulation for Hearing #66 (lc) |
Filing 66 Joint STIPULATION for Hearing re MOTION for Preliminary Injunction re: Termination of Franchise Agreements #59 filed by defendant Mail Boxes ETC. (Attachments: #1 proof of service)(Barrett, Jane) |
Filing 71 ORDER by Judge Otis D Wright II Permitting the Filing of the Declaration of Robert S Boulter and Memorandum of Points and Authorities in support of Plaintiffs' Motion for Preliminary Injunction Under Seal. (ad) |
Filing 70 APPLICATION for an Order Permitting Filing of the Declaration of Robert S Boulter and Memorandum of Points and Authorities in support of Motion for Preliminary Injunction Under Seal filed by plaintiffs. (ad) |
Filing 68 SEALED DOCUMENT - DECLARATION of Plaintiffs' Counsel Robert S Boulter in support of MOTION for Preliminary Injunction #59 filed. (ad) |
Filing 67 SEALED DOCUMENT - Plaintiffs' MEMORANDUM of Points and Authorities supporting MOTION for Preliminary Injunction #59 filed. (ad) |
Filing 65 DECLARATION of Bob Strickland part 3 in support of MOTION for Preliminary Injunction re: Termination of Franchise Agreements #59 filed by Plaintiff Bob Strickland. (Boulter, Robert) |
Filing 64 DECLARATION of Bob Strickland part 2 in support of MOTION for Preliminary Injunction re: Termination of Franchise Agreements #59 filed by Plaintiff Bob Strickland. (Boulter, Robert) |
Filing 63 DECLARATION of Bob Strickland part 1 in support of MOTION for Preliminary Injunction re: Termination of Franchise Agreements #59 filed by Plaintiff Bob Strickland. (Boulter, Robert) |
Filing 62 DECLARATION of Milos Todorovic in support of MOTION for Preliminary Injunction re: Termination of Franchise Agreements #59 filed by Plaintiff Milos Todorovic. (Boulter, Robert) |
Filing 61 DECLARATION of Reid Richardson Part 2 In Support of MOTION for Preliminary Injunction re: Termination of Franchise Agreements #59 filed by Plaintiff W Reid Richardson, Jr. (Boulter, Robert) |
Filing 60 DECLARATION of Reid Richardson In Support Of MOTION for Preliminary Injunction re: Termination of Franchise Agreements #59 filed by Plaintiff W Reid Richardson, Jr. (Boulter, Robert) |
Filing 59 NOTICE OF MOTION AND MOTION for Preliminary Injunction re: Termination of Franchise Agreements filed by Plaintiffs Bob Strickland, Milos Todorovic, W Reid Richardson, Jr.Motion set for hearing on 2/11/2008 at 01:30 PM before Judge Otis D Wright II. (Boulter, Robert) |
Filing 57 NOTICE of Change of Attorney Information for attorney Jane H Barrett counsel for Defendants Mail Boxes Etc Inc, United Parcel Service, United Parcel Service Inc, United Parcel Service Inc, Mail Boxes Etc USA Inc, Mail Boxes ETC, United Parcel Service of America, Inc.. Changing email to jbarrett@mofo.com. Filed by Defendant Jane H. Barrett (Barrett, Jane) |
Filing 56 NOTICE of Change of Attorney Information for attorney L Michael Hankes counsel for Plaintiffs By LLC, Derry Postal and Packaging Inc, Rhonda Norfleet, ST Gabriel LLC, Jamar Enterprises Inc, Coto Inc, Jeffrey T Rubenstein, Daniel Bendoff, Larry Bowdoin, Eric D Eshelman, Peggy Eshelman, Eshelman Enterprises, Inc, John Habel, Shipping Services, LLC, Jensen E Bull, Osdila G Bull, Bulgar Properties, Inc, Afrin Pezhman, Persepolis Enterprises, William N Dudley, Thomas Bagley, OFQ Corporation, Stephen Roat, Sarovette, Inc, Robert J Moorey, Sandra A Moorey, Britt J Roberts, Roberts-Dance, LLC, John P Thomas, Kingman Enterprises LLC, Terri L Thomas, Heritage Holdings Co, LLC, Mark A Goggins, Jamar Enterprises, Inc., John P Ruhrup, Micah 68, Inc., James L Kolmer, Doris J Kolmer, JaDor, LLC, Keith Davidson, KEA, LLC, Lucy J Orbes Benson, Bernie Benson, KOMB Holdings, LLC, Patrick Smith, Smith Postal and Business Services, LLC, Charles R Hinzey, WAJC Services, Inc., Charles Wilson, C. K. Unlimited, Inc., James W Moulton, JM4, Inc., Mark L Bilodeau, S & L Management, Inc., Gilder Varn, Gayle Varn, Tristar Property Development, Inc, John E Moran, Manu G Mahtani, Sundri M Mahtani, Mac Distributions, Inc., Audrey Ritt, Auxano, Inc., Bob Strickland, Rachel Strickland, Robert L Walker, Frances T Walker, Glenn J Burns, Newport Shipping, Inc., Sterling Shipping, Inc., David J Bean, Sue A Bean, Beanotion, LLC, Jay Friedman, Laura Friedman, LJ & Company, LLC, Kenneth L Huang, Pro Business Solutions, Inc., Robert H Mack, Nancy J Mack, Mack Packaging, Inc, Don Bingham, Debra Bingham, Alan M Cohen, Karen E Allem Business Services, Bonnie Dixon, Kettle Moraine Distributor, LLC,, J Michael Paulettia, Steven W Johnson, Belinda C Johnson, Livingston Holdings Inc, White Cliffs of Dover, Inc., Extex, Inc., Arthur Brestlin, Town and Country Partners Corp, Town & Country Partners Corp. II, Bradford W Moxley, Moxley Enterprises, LLC, Shawn W Cochran, Larry Ann Torrente, COTO, Inc., James M Skiersch, John A Raposo, JR Management, Inc., Kevin Burke, Burke Corporation, Alex Williams, Charlotte Williams, Derry Postal & Packaging, Inc., McGuinness Enterprises, LLC, Margo Dixon, Jerome Salerno, Joseph Salerno, SClass Management, Inc., Frederick W Formon, Joseph P McGuinness, Janet V Formon, Formon Associates, Inc., Thomas J Diercks, Michael L Seiler, Cynthia J Seiler, Komb Holdings LLC, Samica Enterprises LLC, Kingman Enterprises, LLC, William A Connor, Linda J Connor, JEM Connor Corporation, Marguerite Marchio, Markio, LLC, Susan R Newsom, Hickory Flat Mail, Inc., Milos Todorovic, Elizabeth M Todorovic, Boca, Incorporated, Connie J Jones, Michael J Jones, Broadwater Shipping Centre, LLC, Jeffrey D Hughes, Robin Susan Hughes, Jeffrey Hughes, LLC, Benny Newton, Cheryl B Newton, Bencher Investments LLC, Robert B Leach, Regina M Leach, R & G Enterprises Company Inc, Nancy L Dryburgh, John R Dryburgh, Executive Business Group, Inc., Andrew R Roquet, Carrie L Roquet, CAL Partners, Inc., Timothy B Coffee, Coffee Times Eight, Inc., Herbert W Howard, Valerie L Howard, HV Howard Enterprises, Inc., Kathleen A Ladich, Ladich, LLC, Eagle Shipping LLC, Blair Payne, Denise Payne, PDB, Inc, Paul Yanakakis, Lindsey Yanakakis, Yanaco, Inc., Jayne Stephens, J.D. Stephens, Inc., Keith L Dean, Solid Strategies, Inc., Donald Grout, Grout Holdings, LLC, Gretchen L Woods, Robert Woods, Lucille's Legacy, LLC, Michael Gorlano, Randy Gorlano, M. Gorlano Enterprises, Denise C Taylor, James T Taylor, October 15th Corp., David J Benson, Linda A Benson, Benson Mail Service, Inc., William A Weir, Jennifer R Weir, Breakpoint, Inc., Christopher L Burrell, Jack Fiamingo, Jax Maximus Inc., Jeffrey Rozwadowski, Stacy Rozwadowski, Roz Enterprises, Inc., Kenneth Hugh Davis, Habel Inc, Kenneth L Beets, Gail M Beets, KLB Enterprises Inc, Village Post LLC, Thomas McMahon, Laura McMahon, Craig Bohn, Linda Bohn, Import Center Warehouse Division, Inc., Scott Vradelis, Catherine Montgomery, Montellis Communications, Inc., Barbara P Feldman, Walter M Feldman, Woodbine Enterprises, Inc., Stephen W Grabowski, Thomas Cuce, Rosemary A Merrigan, Bux-Mont Parcel Services, LLC, Roger D Tapp, Crystal L Tapp, Tapp Enterprises LLC, W Reid Richardson, Jr, Randall M Richardson, Marshall D Kohen, Joseph T Maher, Jerald Reingold, TamRoe Inc, Bruce E Olson, Olson Northstar, Inc., Charles R Matthews, MBMP Inc, Michele A Matthews, Matthews Mailing Enterprises, Inc, Paul McClintock, McClintock Enterprises, Inc, Joseph A Rosenberg, Stephanie M Rosenberg, Terrance Hayes, Evanthe Hayes, E. T. Hayes, LLC, Joyce Wagner, J & J Services, Inc., Douglas B Gard, Don I Gard, Gard Properties, LLC, Gard Enterprises, LLC, Richard M Rosenbaum, RMR & Associates, Inc., David T Baran, Jennie Baran, David T. Baran, Inc., Ian Coren, Ellen Coren, Coren Enterprises, LLC, Kory Waisner, Annette L Waisner, Waisner Inc., Amrish R Desai, Arti A Desai, R & B Corporation, Joseph Malbrough, Cara Malbrough, Parland Place Associates, LLC, Robert P Minock, Formon Associates Inc, Madeline J Minock, Kay W Oak, Chang Y Oak, Steve Hupka, Larry Hupka, Cathy Hupka, Brian Rogga, The Rogga Corporation, Jack E Gillary, Lisa A Gillary, J & L Gillary, Inc.,, Erran Bennett, Dean Koch, Koch Enterprises, Inc., Gary C Powell, Pow-Pack, Inc., Kathleen M Nevin, Kyle Gregerson, KGJH Shipping, LLC, Patrick J Miller, Diver Down Delivery, Inc., Jayesh M Patel, Nitasha Enterprises, Inc., Makan Enterprises, Inc., Jennifer Midkiff, Gary C Noble, William Dudley, Prenoley, Inc., Shantilal L Jani, Jani & Son Inc.,, Shekhar Gosai, Naggin Gosai, Shiv Shakti Corporation, Inc., Nancy Kasza-Scott, John David Scott, Phoenix Business Systems Inc, Scott Business Group, Ltd.,, Jayanti Patel, Anitaben Patel, Gerald Benson, By LLC, Sandra Philhower, MBMP, Inc., Laurie Ann Cobb, Rudy Corp, Daniel J Sweeney, DJTS Inc., Jerry Arty, TYG Ventures, LLC, Raul Flores, Cynthia Flores, Flores Postal Services, LLC, Philip J MacGowan, Donna M MacGowan, Linda Knight, Joe Knight, NBI, LLC, Neil Gulsvig, Janice Gulsvig, David Child, Victoria L Child, William-Dalton Consulting, Inc., Roger Egan, Atwell Enterprises, Inc., Joaquin Rosal, Jennifer Diaz, Albert Diaz, WB Pomona, LLP, Joseph Spagnola, James Walsh, S & W Boston Stores, LLC, James J Connelly, Ton-Up, LLC, Robert Carpinello, Michael Carpinello, Thomas Constantino, Lenmik Express Corp., Bull Express Inc., Kingship, LLC, Thomas S Ruth, Platt Business Services, Inc.,, Cornell Dyce, Rosemarie Roopchand, Corosenell, LLC, Carlos Garcia, Donlos, Inc., Jesse McDaniels, Leroy Langston, Michael Majors, MML, LLC, John K Comerford, Comerford Service Resources, Inc., Richard L Rayment, Mary E Rayment, Rayment MST, LLC, Ann Schauperl, Joerg Schauperl, Tom King, MWK, Inc., Brandon Phillips, Marcia Phillips, Beemar, Inc., Richard O Retrum, Dan Torres, ROR Enterprises, Inc., Philip R Maniscalco, Breakpoint Inc, Nancy L Maniscalco, Stuart Ehlers, Robin Ehlers, Frank Flammer, Judy Flammer, Mail Call, Inc., Gerard Difruscia, Edward Meyerhoefer, Patricia Reali, Reali Meyerhoefer, LLC, Garry M Davis, GMD Enterprises, LLC, Tessa Dee Meyers, Terry Meyers, Quicksilver Enterprises, Inc., Brian Coyle, Patricia A Coyle, WPBC, Inc., Thomas H Eblen, Thomas W Eblen, Ebco, Inc., Linda V Ollerman, Robert J Ollerman, Saremma, Inc., Sharon Brewer, Lloyd Brewer, K & A Restaurants, Inc., David K Smith, Parcel Express Shipping & Storage, Inc., Keith Ogren, Candace Hill, HCH, LLC, John T Gallo, Rista Packaging, Inc., Ken M Patel, Bowdoin Up LLC, Chintan K Patel, Parchino, Inc., Frank Scarso, Luigi Giunta, Dean Giasi, Pozzallo Partners, Inc., D.F.M. Corporation, James E O'Connor, JEO Enterprises, LLC, Susan Merkatoris, Larboard Enterprises, LLC, Donald R. Snapp Jr., Inc., Donald R Snapp, Jr, William Michael Kirk, Charles D Stoflet, Nannette Stoflet, CDS Business Group, Inc., Scott Richardson, Jennifer Richardson, Scott & Jennifer Richardson, LLC, Howard Clark, Modern Technology Corporation, Natvarlal C Prajapati, Varsha N Prajapati, Arjun Corporation, Steven Richards, Esther Richards, Noah & Folks, LLC, Mark A Zimmerman, Michelle Pare, Zimmerman & Pare, LLC, Alvin F Snyder, Upscale Management, Inc., Ryan Olsen, Tristar Property Development Inc, Margaret K Wallmann, Ryan Olsen Enterprises, Inc., Darren Miles, Cynthia Miles, LaForge Miles Corporation, Brian Parks, Cynthia Beshada, Ost Mark Inc., James Highley, Ernest Highley, H & H Enterprises, Janice Margaret Burke, William Hunter Burke, Ginger Louise Prohaska, Timothy Arnold Prohaska, Part II, Inc, Caroline Schroeder, Fox Cities Business Services, LLC, Vincent L Natelli, Angela Natelli, Eagle Shipping LLC, Maureen Richards, MTR Bailey, Inc., John Rousseau, Boardwalk Communications, Inc., Albert Schomp, IV, Backoffice, Inc., David Leite, Rebecca Leite, DR Leite, Inc., Frederick Chris Farrar, Farrar Enterprises, Inc., Richard W Marx, Marx of Excellence, Inc., Don Freeman, Diane Freeman, McClintock Enterprises Inc, Extex Inc, Freemax, Inc., Tap Enterprises LLC, S and L Management Inc, Wayne County Holdings Inc, Ladich LLC, BMSA Inc. Changing e-mail to mh@hankeslaw.com. Filed by plaintiff Samica Enterprises, LLC et al (Hankes, L) |
Filing 58 NOTICE of Change of Attorney Information: adding Steven M. Kaufmann as attorney as counsel of record for Mail Boxes for the reason indicated in the G-06 Notice. Filed by defendant Mail Boxes Etc Inc (cbr) |
Filing 55 SCHEDULING AND CASE MANAGEMENT ORDER by Judge Otis D Wright II: Jury trial: 9/16/08 9:00 AM; File final trial exhibit stipulation: 9/11/08; hearing on motions in limine and Hearing on disputed jury instructions: 9/8/08 4:00 PM; Final Pretrial Conference: 8/18/08 3:30 PM; motions in limine, proposed voir dire questions and proposed voir dire questions and agreed to statement of case: 8/18/08; lodged Pretrial conference order and retrial exhibit stipulation, file contentions of fact and law, exhibit and witness lists, status report regarding settlement, agreed upon set of instructions and verdict forms, joint statement regarding disputed instructions verdicts etc: 8/4/08; last date to conduct settlement conference 6/23/08; last day for hearing motions: 7/21/08; discovery cutoff: 6/30/08; last date to amend pleadings or add parties: 11/5/07. (lc) |
Filing 54 ORDER FOR CIVIL TRIAL: applicable rules and requirements; Final Pretrial Conference set for 8/18/2008 03:30 PM;Trial (Phase I) set for 9/16/2008 9:00 AM and Trial (Phase II) set for 11/4/2008 9:00 AM by Judge Otis D Wright. (lc) |
Filing 53 MINUTES OF Status Conference held before Judge Otis D Wright II:The Court adopts the proposed trial dates as set forth in the parties Joint StatusConference Statement filed on November 30, 2007. A Civil Trial Order and aScheduling Order setting forth additional pretrial hearing dates and deadlines willissue forthwith.Court Reporter: Anne Kielwasser. (lc) |
Filing 52 JOINT status conference statement ; estimated length of trial 12 days, filed by Defendant Mail Boxes ETC, Plaintiff Samica Enterprises LLC. (lc) |
Filing 51 MINUTES OF Scheduling Conference held before Judge Otis D Wright II: Court confers with counsel regarding Joint Rule 26(f) report; The Court rejects the parties' proposed trial of10-15 plaintiffs. Instead, the Court orders that each side will select two plaintiffs per category. To assist the parties indeveloping a revised pretrial schedule, the Curt sets a trial date of 7/31/08 9:00 AM for Phase I. Phase II will commence 30 days after verdict is reached in Phase I.Court rules on discovery issues as follows: So as to permit Phase I1 to begin, if necessary, as quickly as possible, discoverywill include both Phase I and Phase II issues and parties. Therefore, the parties areordered to select both the Phase I and Phase I1 plaintiffs as soon as possible.Discovery will be limited to only these eight plaintiffs. In addition, with respect to depositions, because so much discovery has already been conducted in this case, as well as related cases not pending in this Court, the parties are ordered to avail themselves of that other discovery. If it is necessary to re-depose witnesses, the taking counsel must acquaint himself or herself with the transcript of those prior depositions and are not to repeat areas of inquiry already adequately covered in the prior depositions. As for written discovery, the plaintiffs may propound discovery and defendant may seek discovery only from the eight plaintiffs which make up the Phase I and Phase I1 aspects of the case. The limitations of the Federal Rules of Civil Procedure control.The Court sets a Status Conference for Monday, December 3,2007 at 3:30 p.m. (lc) |
Filing 50 ANSWER to 4th Amended Complaint 48 filed by defendants Mail Boxes Etc Inc, BSG Holding Inc, BSG Holdings Subsidiary Inc, United Parcel Service Inc(a Ohio franchise corporation), United Parcel Service Inc(a New York corporation), Mail Boxes Etc USA Inc, Mail Boxes ETC, United Parcel Service of America, Inc.(lc) |
FAX number for Attorney Lawrence R Katzin is 213-892-5454. (lc) |
Filing 49 EXHIBITS 3-5 of the Fourth Amended Complaint 48 filed by Plaintiffs Samica Enterprises LLC et al (lc) |
Filing 48 FOURTH AMENDED COMPLAINT against defendants Gary Archambault, Daniel Bendoff, Larry Bowdoin, Jensen E Bull, Osdila G Bull, Eshelman Enterprises, Inc, Eric D Eshelman, Peggy Eshelman, John Habel, Jeffrey T Rubenstein, Shipping Services, LLC, Mail Boxes Etc Inc, United Parcel Service, United Parcel Service Inc(a Ohio franchise corporation), United Parcel Service Inc(a New York corporation), Does, Mail Boxes Etc USA Inc, Mail Boxes ETC, United Parcel Service of America, Inc.; Party Rhonda Norfleet; Phoenix Business Systems Inc; ST Gabriel LLC; Breakpoint Inc and Breakpoint, Inc. terminated amending Third Amended Complaint 39 ,filed by plaintiffs Jeffrey T Rubenstein, Daniel Bendoff, Larry Bowdoin, Eric D Eshelman, Peggy Eshelman, Eshelman Enterprises, Inc, John Habel, Gary Archambault, Shipping Services, LLC, Jensen E Bull, Osdila G Bull, Bulgar Properties, Inc, Afrin Pezhman, Persepolis Enterprises, William N Dudley, Thomas Bagley, OFQ Corporation, Stephen Roat, Sarovette, Inc, Robert J Moorey, Sandra A Moorey, Britt J Roberts, Roberts-Dance, LLC, By LLC(an Ohio limited liability company), Derry Postal and Packaging Inc, William Allem, Jamar Enterprises Inc, Coto Inc, 5XW Inc, John P Thomas, Kingman Enterprises LLC, Terri L Thomas, Heritage Holdings Co, LLC, Mark A Goggins, Jamar Enterprises, Inc., John P Ruhrup, Micah 68, Inc., James L Kolmer, Doris J Kolmer, JaDor, LLC, Keith Davidson, KEA, LLC, Lucy J Orbes Benson, Bernie Benson, KOMB Holdings, LLC, Patrick Smith, Smith Postal and Business Services, LLC, Charles R Hinzey, WAJC Services, Inc., Charles Wilson, C. K. Unlimited, Inc., James W Moulton, JM4, Inc., Mark L Bilodeau, S & L Management, Inc., Gilder Varn, Gayle Varn, Tristar Property Development, Inc, John E Moran, Manu G Mahtani, Sundri M Mahtani, Mac Distributions, Inc., Audrey Ritt, Auxano, Inc., Bob Strickland, Rachel Strickland, AVS, Inc., Robert L Walker, Frances T Walker, 5XW, Inc., Glenn J Burns, Newport Shipping, Inc., Sterling Shipping, Inc., David J Bean, Sue A Bean, Beanotion, LLC, Jay Friedman, Laura Friedman, LJ & Company, LLC, Kenneth L Huang, Pro Business Solutions, Inc., Robert H Mack, Nancy J Mack, Mack Packaging, Inc, Don Bingham, Debra Bingham, Alan M Cohen, ARC Business Services, Inc., William C Allem, Karen E Allem Business Services, Bonnie Dixon, Kettle Moraine Distributor, LLC,, J Michael Paulettia, Steven W Johnson, Belinda C Johnson, Livingston Holdings Inc, White Cliffs of Dover, Inc., Extex, Inc., Arthur Brestlin, Town and Country Partners Corp, Town & Country Partners Corp. II, Bradford W Moxley, Moxley Enterprises, LLC, Shawn W Cochran, Larry Ann Torrente, COTO, Inc., James M Skiersch, John A Raposo, JR Management, Inc., Kevin Burke, Burke Corporation, Alex Williams, Charlotte Williams, Derry Postal & Packaging, Inc., McGuinness Enterprises, LLC, Margo Dixon, Jerome Salerno, Joseph Salerno, SClass Management, Inc., Frederick W Formon, Joseph P McGuinness, Janet V Formon, Formon Associates, Inc., Ellis Abide, ASHEN, LLC, Thomas J Diercks, Donald C Adams, Acme, LLC, Michael L Seiler, Cynthia J Seiler, Komb Holdings LLC, Samica Enterprises LLC, Kingman Enterprises, LLC, William A Connor, Linda J Connor, JEM Connor Corporation, Marguerite Marchio, Markio, LLC, Susan R Newsom, Hickory Flat Mail, Inc., Milos Todorovic, Elizabeth M Todorovic, Boca, Incorporated, Connie J Jones, Michael J Jones, Broadwater Shipping Centre, LLC, Jeffrey D Hughes, Robin Susan Hughes, Jeffrey Hughes, LLC, Benny Newton, Cheryl B Newton, Bencher Investments LLC, Robert B Leach, Regina M Leach, R & G Enterprises Company Inc, John R Dryburgh, Executive Business Group, Inc., Andrew R Roquet, Carrie L Roquet, CAL Partners, Inc., Timothy B Coffee, Coffee Times Eight, Inc., Herbert W Howard, Valerie L Howard, HV Howard Enterprises, Inc., Kathleen A Ladich, Ladich, LLC, Blair Payne, Denise Payne, PDB, Inc, Paul Yanakakis, Lindsey Yanakakis, Yanaco, Inc., Jayne Stephens, J.D. Stephens, Inc., Keith L Dean, Solid Strategies, Inc., Donald Grout, Grout Holdings, LLC, Gretchen L Woods, Robert Woods, Lucille's Legacy, LLC, Michael Gorlano, Randy Gorlano, M. Gorlano Enterprises, Denise C Taylor, James T Taylor, October 15th Corp., David J Benson, Linda A Benson, Benson Mail Service, Inc., William A Weir, Jennifer R Weir, Christopher L Burrell, Jack Fiamingo, Jax Maximus Inc., Jeffrey Rozwadowski, Stacy Rozwadowski, Roz Enterprises, Inc., Kenneth Hugh Davis, Habel Inc, Kenneth L Beets, Gail M Beets, KLB Enterprises Inc, Village Post LLC, Thomas McMahon, Laura McMahon, Craig Bohn, Linda Bohn, Import Center Warehouse Division, Inc., Scott Vradelis, Catherine Montgomery, Montellis Communications, Inc., Barbara P Feldman, Walter M Feldman, Woodbine Enterprises, Inc., Stephen W Grabowski, Arca Investment Company, Thomas Cuce, Rosemary A Merrigan, Bux-Mont Parcel Services, LLC, Roger D Tapp, Crystal L Tapp, Tapp Enterprises LLC, W Reid Richardson, Jr, Randall M Richardson, Marshall D Kohen, Joseph T Maher, Jerald Reingold, TamRoe Inc, Bruce E Olson, Olson Northstar, Inc., Charles R Matthews, MBMP Inc, Michele A Matthews, Matthews Mailing Enterprises, Inc, Paul McClintock, McClintock Enterprises, Inc, Joseph A Rosenberg, Stephanie M Rosenberg, 14 Bond Corp.,, Terrance Hayes, Evanthe Hayes, E. T. Hayes, LLC, Joyce Wagner, J & J Services, Inc., Douglas B Gard, Don I Gard, Gard Properties, LLC, Gard Enterprises, LLC, Richard M Rosenbaum, RMR & Associates, Inc., David T Baran, Jennie Baran, David T. Baran, Inc., Ian Coren, Ellen Coren, Coren Enterprises, LLC, Kory Waisner, Annette L Waisner, Waisner Inc., Amrish R Desai, Arti A Desai, R & B Corporation, Joseph Malbrough, Cara Malbrough, Parland Place Associates, LLC, Robert P Minock, Formon Associates Inc, Madeline J Minock, Kay W Oak, Chang Y Oak, Steve Hupka, Larry Hupka, Cathy Hupka, 3 Eagles Enterprises, LLC, Brian Rogga, The Rogga Corporation, Jack E Gillary, Lisa A Gillary, J & L Gillary, Inc.,, Erran Bennett, Dean Koch, Koch Enterprises, Inc., Gary C Powell, Pow-Pack, Inc., Kathleen M Nevin, Kyle Gregerson, KGJH Shipping, LLC, Patrick J Miller, Diver Down Delivery, Inc., Jayesh M Patel, Nitasha Enterprises, Inc., Makan Enterprises, Inc., Jennifer Midkiff, Gary C Noble, William Dudley, Prenoley, Inc., Shantilal L Jani, Jani & Son Inc.,, Shekhar Gosai, Naggin Gosai, Shiv Shakti Corporation, Inc., Nancy Kasza-Scott, John David Scott, Scott Business Group, Ltd.,, Jayanti Patel, Anitaben Patel, Gerald Benson, Sandra Philhower, MBMP, Inc., Laurie Ann Cobb, Rudy Corp, Daniel J Sweeney, DJTS Inc., Jerry Arty, TYG Ventures, LLC, Raul Flores, Cynthia Flores, Flores Postal Services, LLC, Philip J MacGowan, Donna M MacGowan, Aljohn Enterprises, Inc., Linda Knight, Joe Knight, NBI, LLC, Neil Gulsvig, Janice Gulsvig, David Child, Victoria L Child, William-Dalton Consulting, Inc., Roger Egan, Atwell Enterprises, Inc., Joaquin Rosal, Jennifer Diaz, Albert Diaz, WB Pomona, LLP, Joseph Spagnola, James Walsh, S & W Boston Stores, LLC, 3 Eagles Enterprises LLC, James J Connelly, Ton-Up, LLC, Robert Carpinello, Michael Carpinello, Thomas Constantino, Lenmik Express Corp., Bull Express Inc., Kingship, LLC, Thomas S Ruth, Platt Business Services, Inc.,, Cornell Dyce, Rosemarie Roopchand, Corosenell, LLC, Carlos Garcia, Donlos, Inc., Jesse McDaniels, Leroy Langston, Michael Majors, MML, LLC, John K Comerford, Comerford Service Resources, Inc., Richard L Rayment, Mary E Rayment, Rayment MST, LLC, Ann Schauperl, Joerg Schauperl, Anjor Enterprises, LLC, Tom King, MWK, Inc., Brandon Phillips, Marcia Phillips, Beemar, Inc., Richard O Retrum, Dan Torres, ROR Enterprises, Inc., Philip R Maniscalco, Nancy L Maniscalco, AM-PM Business Services, Inc.,, Stuart Ehlers, Robin Ehlers, Frank Flammer, Judy Flammer, Mail Call, Inc., Gerard Difruscia, Edward Meyerhoefer, Patricia Reali, Reali Meyerhoefer, LLC, Garry M Davis, GMD Enterprises, LLC, Tessa Dee Meyers, Terry Meyers, Quicksilver Enterprises, Inc., Brian Coyle, Patricia A Coyle, WPBC, Inc., Thomas H Eblen, Thomas W Eblen, Ebco, Inc., Linda V Ollerman, Robert J Ollerman, Saremma, Inc., Sharon Brewer, Lloyd Brewer, K & A Restaurants, Inc., David K Smith, Parcel Express Shipping & Storage, Inc., Keith Ogren, Candace Hill, HCH, LLC, John T Gallo, Rista Packaging, Inc., Ken M Patel, Bowdoin Up LLC, Chintan K Patel, Parchino, Inc., Frank Scarso, Luigi Giunta, Dean Giasi, Pozzallo Partners, Inc., D.F.M. Corporation, James E O'Connor, JEO Enterprises, LLC, Susan Merkatoris, Larboard Enterprises, LLC, Donald R. Snapp Jr., Inc., Donald R Snapp, Jr, William Michael Kirk, Charles D Stoflet, Nannette Stoflet, CDS Business Group, Inc., Scott Richardson, Jennifer Richardson, Scott & Jennifer Richardson, LLC, Howard Clark, Modern Technology Corporation, Natvarlal C Prajapati, Varsha N Prajapati, Arjun Corporation, Steven Richards, Esther Richards, Noah & Folks, LLC, Mark A Zimmerman, Michelle Pare, Zimmerman & Pare, LLC, Alvin F Snyder, Upscale Management, Inc., Ryan Olsen, Tristar Property Development Inc, Margaret K Wallmann, Ryan Olsen Enterprises, Inc., Darren Miles, Cynthia Miles, LaForge Miles Corporation, Brian Parks, Cynthia Beshada, Ost Mark Inc., James Highley, Ernest Highley, H & H Enterprises, Janice Margaret Burke, William Hunter Burke, Ginger Louise Prohaska, Timothy Arnold Prohaska, Part II, Inc, Caroline Schroeder, Fox Cities Business Services, LLC, Vincent L Natelli, Angela Natelli, Maureen Richards, MTR Bailey, Inc., John Rousseau, Boardwalk Communications, Inc., Albert Schomp, IV, Backoffice, Inc., David Leite, Rebecca Leite, DR Leite, Inc., Frederick Chris Farrar, Farrar Enterprises, Inc., Richard W Marx, Marx of Excellence, Inc., Don Freeman, Diane Freeman, McClintock Enterprises Inc, Extex Inc, Freemax, Inc., Tap Enterprises LLC, S and L Management Inc, Wayne County Holdings Inc, Ladich LLC, BMSA Inc (lc) |
Filing 47 STIPULATION AND ORDER that plaintiff's fourth amended complaint ( andexhibits 2 and 5 thereto) filed hereith is deemed failed as of the date of the approval of this stipulaiton; defendants will have until 10/22/07 to file and serve there answer to the fourth amended complaint by Judge Otis D Wright II(lc) |
Filing 46 AMENDED JOINT REPORT Pursuant to FRCP 26(f) ; estimated length of trial defendants estimate 100 hours and plaintiffs estimate three weeks, filed by Plaintiffs By LLC, Derry Postal and Packaging Inc, William Allem, Rhonda Norfleet, ST Gabriel LLC, Jamar Enterprises Inc, Coto Inc, 5XW Inc, John P Thomas, Kingman Enterprises LLC, Terri L Thomas, Heritage Holdings Co, LLC, Mark A Goggins, Jamar Enterprises, Inc., John P Ruhrup, Micah 68, Inc., James L Kolmer, Doris J Kolmer, JaDor, LLC, Keith Davidson, KEA, LLC, Lucy J Orbes Benson, Bernie Benson, KOMB Holdings, LLC, Patrick Smith, Smith Postal and Business Services, LLC, Charles R Hinzey, WAJC Services, Inc., Charles Wilson, C. K. Unlimited, Inc., James W Moulton, JM4, Inc., Mark L Bilodeau, S & L Management, Inc., Gilder Varn, Gayle Varn, Tristar Property Development, Inc, John E Moran, Manu G Mahtani, Sundri M Mahtani, Mac Distributions, Inc., Audrey Ritt, Auxano, Inc., Bob Strickland, Rachel Strickland, AVS, Inc., Robert L Walker, Frances T Walker, 5XW, Inc., Glenn J Burns, Newport Shipping, Inc., Sterling Shipping, Inc., David J Bean, Sue A Bean, Beanotion, LLC, Jay Friedman, Laura Friedman, LJ & Company, LLC, Kenneth L Huang, Pro Business Solutions, Inc., Robert H Mack, Nancy J Mack, Mack Packaging, Inc, Don Bingham, Debra Bingham, Alan M Cohen, ARC Business Services, Inc., William C Allem, Karen E Allem Business Services, Bonnie Dixon, Kettle Moraine Distributor, LLC,, J Michael Paulettia, Steven W Johnson, Belinda C Johnson, Livingston Holdings Inc, White Cliffs of Dover, Inc., Extex, Inc., Arthur Brestlin, Town and Country Partners Corp, Town & Country Partners Corp. II, Bradford W Moxley, Moxley Enterprises, LLC, Shawn W Cochran, Larry Ann Torrente, COTO, Inc., James M Skiersch, John A Raposo, JR Management, Inc., Kevin Burke, Burke Corporation, Alex Williams, Charlotte Williams, Derry Postal & Packaging, Inc., McGuinness Enterprises, LLC, Margo Dixon, Jerome Salerno, Joseph Salerno, SClass Management, Inc., Frederick W Formon, Joseph P McGuinness, Janet V Formon, Formon Associates, Inc., Ellis Abide, ASHEN, LLC, Thomas J Diercks, Donald C Adams, Acme, LLC, Michael L Seiler, Cynthia J Seiler, Komb Holdings LLC, Samica Enterprises LLC, Kingman Enterprises, LLC, William A Connor, Linda J Connor, JEM Connor Corporation, Marguerite Marchio, Markio, LLC, Susan R Newsom, Hickory Flat Mail, Inc., Milos Todorovic, Elizabeth M Todorovic, Boca, Incorporated, Connie J Jones, Michael J Jones, Broadwater Shipping Centre, LLC, Jeffrey D Hughes, Robin Susan Hughes, Jeffrey Hughes, LLC, Benny Newton, Cheryl B Newton, Bencher Investments LLC, Robert B Leach, Regina M Leach, R & G Enterprises Company Inc, Nancy L Dryburgh, John R Dryburgh, Executive Business Group, Inc., Andrew R Roquet, Carrie L Roquet, CAL Partners, Inc., Timothy B Coffee, Coffee Times Eight, Inc., Herbert W Howard, Valerie L Howard, HV Howard Enterprises, Inc., Kathleen A Ladich, Ladich, LLC, Eagle Shipping LLC, Blair Payne, Denise Payne, PDB, Inc, Paul Yanakakis, Lindsey Yanakakis, Yanaco, Inc., Jayne Stephens, J.D. Stephens, Inc., Keith L Dean, Solid Strategies, Inc., Donald Grout, Grout Holdings, LLC, Gretchen L Woods, Robert Woods, Lucille's Legacy, LLC, Michael Gorlano, Randy Gorlano, M. Gorlano Enterprises, Denise C Taylor, James T Taylor, October 15th Corp., David J Benson, Linda A Benson, Benson Mail Service, Inc., William A Weir, Jennifer R Weir, Breakpoint, Inc., Christopher L Burrell, Jack Fiamingo, Jax Maximus Inc., Jeffrey Rozwadowski, Stacy Rozwadowski, Roz Enterprises, Inc., Kenneth Hugh Davis, Habel Inc, Kenneth L Beets, Gail M Beets, KLB Enterprises Inc, Village Post LLC, Thomas McMahon, Laura McMahon, Craig Bohn, Linda Bohn, Import Center Warehouse Division, Inc., Scott Vradelis, Catherine Montgomery, Montellis Communications, Inc., Barbara P Feldman, Walter M Feldman, Woodbine Enterprises, Inc., Stephen W Grabowski, Arca Investment Company, Thomas Cuce, Rosemary A Merrigan, Bux-Mont Parcel Services, LLC, Roger D Tapp, Crystal L Tapp, Tapp Enterprises LLC, W Reid Richardson, Jr, Randall M Richardson, Marshall D Kohen, Joseph T Maher, Jerald Reingold, TamRoe Inc, Bruce E Olson, Olson Northstar, Inc., Charles R Matthews, MBMP Inc, Michele A Matthews, Matthews Mailing Enterprises, Inc, Paul McClintock, McClintock Enterprises, Inc, Joseph A Rosenberg, Stephanie M Rosenberg, 14 Bond Corp.,, Terrance Hayes, Evanthe Hayes, E. T. Hayes, LLC, Joyce Wagner, J & J Services, Inc., Douglas B Gard, Don I Gard, Gard Properties, LLC, Gard Enterprises, LLC, Richard M Rosenbaum, RMR & Associates, Inc., David T Baran, Jennie Baran, David T. Baran, Inc., Ian Coren, Ellen Coren, Coren Enterprises, LLC, Kory Waisner, Annette L Waisner, Waisner Inc., Amrish R Desai, Arti A Desai, R & B Corporation, Joseph Malbrough, Cara Malbrough, Parland Place Associates, LLC, Robert P Minock, Formon Associates Inc, Madeline J Minock, Kay W Oak, Chang Y Oak, Steve Hupka, Larry Hupka, Cathy Hupka, 3 Eagles Enterprises, LLC, Brian Rogga, The Rogga Corporation, Jack E Gillary, Lisa A Gillary, J & L Gillary, Inc.,, Erran Bennett, Dean Koch, Koch Enterprises, Inc., Gary C Powell, Pow-Pack, Inc., Kathleen M Nevin, Kyle Gregerson, KGJH Shipping, LLC, Patrick J Miller, Diver Down Delivery, Inc., Jayesh M Patel, Nitasha Enterprises, Inc., Makan Enterprises, Inc., Jennifer Midkiff, Gary C Noble, William Dudley, Prenoley, Inc., Shantilal L Jani, Jani & Son Inc.,, Shekhar Gosai, Naggin Gosai, Shiv Shakti Corporation, Inc., Nancy Kasza-Scott, John David Scott, Phoenix Business Systems Inc, Scott Business Group, Ltd.,, Jayanti Patel, Anitaben Patel, Gerald Benson, By LLC, Sandra Philhower, MBMP, Inc., Laurie Ann Cobb, Rudy Corp, Daniel J Sweeney, DJTS Inc., Jerry Arty, TYG Ventures, LLC, Raul Flores, Cynthia Flores, Flores Postal Services, LLC, Philip J MacGowan, Donna M MacGowan, Aljohn Enterprises, Inc., Linda Knight, Joe Knight, NBI, LLC, Neil Gulsvig, Janice Gulsvig, David Child, Victoria L Child, William-Dalton Consulting, Inc., Roger Egan, Atwell Enterprises, Inc., Joaquin Rosal, Jennifer Diaz, Albert Diaz, WB Pomona, LLP, Joseph Spagnola, James Walsh, S & W Boston Stores, LLC, 3 Eagles Enterprises LLC, James J Connelly, Ton-Up, LLC, Robert Carpinello, Michael Carpinello, Thomas Constantino, Lenmik Express Corp., Bull Express Inc., Kingship, LLC, Thomas S Ruth, Platt Business Services, Inc.,, Cornell Dyce, Rosemarie Roopchand, Corosenell, LLC, Carlos Garcia, Donlos, Inc., Jesse McDaniels, Leroy Langston, Michael Majors, MML, LLC, John K Comerford, Comerford Service Resources, Inc., Richard L Rayment, Mary E Rayment, Rayment MST, LLC, Ann Schauperl, Joerg Schauperl, Anjor Enterprises, LLC, Tom King, MWK, Inc., Brandon Phillips, Marcia Phillips, Beemar, Inc., Richard O Retrum, Dan Torres, ROR Enterprises, Inc., Philip R Maniscalco, Breakpoint Inc, Nancy L Maniscalco, AM-PM Business Services, Inc.,, Stuart Ehlers, Robin Ehlers, Frank Flammer, Judy Flammer, Mail Call, Inc., Gerard Difruscia, Edward Meyerhoefer, Patricia Reali, Reali Meyerhoefer, LLC, Garry M Davis, GMD Enterprises, LLC, Tessa Dee Meyers, Terry Meyers, Quicksilver Enterprises, Inc., Brian Coyle, Patricia A Coyle, WPBC, Inc., Thomas H Eblen, Thomas W Eblen, Ebco, Inc., Linda V Ollerman, Robert J Ollerman, Saremma, Inc., Sharon Brewer, Lloyd Brewer, K & A Restaurants, Inc., David K Smith, Parcel Express Shipping & Storage, Inc., Keith Ogren, Candace Hill, HCH, LLC, John T Gallo, Rista Packaging, Inc., Ken M Patel, Bowdoin Up LLC, Chintan K Patel, Parchino, Inc., Frank Scarso, Luigi Giunta, Dean Giasi, Pozzallo Partners, Inc., D.F.M. Corporation, James E O'Connor, JEO Enterprises, LLC, Susan Merkatoris, Larboard Enterprises, LLC, Donald R. Snapp Jr., Inc., Donald R Snapp, Jr, William Michael Kirk, Charles D Stoflet, Nannette Stoflet, CDS Business Group, Inc., Scott Richardson, Jennifer Richardson, Scott & Jennifer Richardson, LLC, Howard Clark, Modern Technology Corporation, Natvarlal C Prajapati, Varsha N Prajapati, Arjun Corporation, Steven Richards, Esther Richards, Noah & Folks, LLC, Mark A Zimmerman, Michelle Pare, Zimmerman & Pare, LLC, Alvin F Snyder, Upscale Management, Inc., Ryan Olsen, Tristar Property Development Inc, Margaret K Wallmann, Ryan Olsen Enterprises, Inc., Darren Miles, Cynthia Miles, LaForge Miles Corporation, Brian Parks, Cynthia Beshada, Ost Mark Inc., James Highley, Ernest Highley, H & H Enterprises, Janice Margaret Burke, William Hunter Burke, Ginger Louise Prohaska, Timothy Arnold Prohaska, Part II, Inc, Caroline Schroeder, Fox Cities Business Services, LLC, Vincent L Natelli, Angela Natelli, Eagle Shipping LLC, Maureen Richards, MTR Bailey, Inc., John Rousseau, Boardwalk Communications, Inc., Albert Schomp, IV, Backoffice, Inc., David Leite, Rebecca Leite, DR Leite, Inc., Frederick Chris Farrar, Farrar Enterprises, Inc., Richard W Marx, Marx of Excellence, Inc., Don Freeman, Diane Freeman, McClintock Enterprises Inc, Extex Inc, Freemax, Inc., Tap Enterprises LLC, S and L Management Inc, Wayne County Holdings Inc, Ladich LLC, BMSA Inc; Defendants Mail Boxes Etc Inc, BSG Holding Inc, BSG Holdings Subsidiary Inc, United Parcel Service Inc, United Parcel Service Inc, Rocky Romanella, United Parcel Service of America, Inc. (ad) |
Filing 45 MINUTES OF IN CHAMBERS ORDER held before Judge Otis D Wright II: Scheduling Conference is reset from 9/24/07 to 10/29/2007 02:30 PM.(lc) |
Filing 44 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 100 hours per side, filed by plaintiffs and defendants Mail Boxes Etc, Inc., et al. (tami) |
Filing 43 ANSWER to Third Amended Complaint, 39 filed by defendants' Mail Boxes Etc Inc, Mail Boxes Etc USA Inc, Mail Boxes ETC.(bp) |
Filing 42 STIPULATION AND ORDER that: The seventh and eighth claims for relief in plaintiffs' third amended complaint, to the extent these claims for relief in plaintiffs' third amended complaint, to the extent these claims allege violations of sections 31110 through 31125 of the California Franchise Investment Law, are asserted only by and on behald of plaintiffs who operated their franchise in or resided in California by Judge Otis D Wright II:(bp) |
Filing 41 SCHEDULING MEETING OF COUNSEL: Judge Otis D Wright II,,:Scheduling Conference set for 9/24/2007 02:30 PM before Judge Otis D Wright II.(bp) |
Filing 40 EXHIBIT 3-5 Filed filed by Plaintiffs' Saremma, Inc., et al, OF THIRD AMENDED COMPLAINT., 39 . (bp) |
Filing 39 THIRD AMENDED COMPLAINT against defendants' United Parcel Service, United Parcel Service Inc(a Ohio franchise corporation), United Parcel Service Inc(a New York corporation), Does, United Parcel Service of America, Inc. amending Amended Complaint,,, 28 ,filed by plaintiffs' By LLC(an Ohio limited liability company), Derry Postal and Packaging Inc, William Allem, Rhonda Norfleet, ST Gabriel LLC, Jamar Enterprises Inc, Coto Inc, 5XW Inc, John P Thomas, Kingman Enterprises LLC, Terri L Thomas, Heritage Holdings Co, LLC, Mark A Goggins, Jamar Enterprises, Inc., John P Ruhrup, Micah 68, Inc., James L Kolmer, Doris J Kolmer, JaDor, LLC, Keith Davidson, KEA, LLC, Lucy J Orbes Benson, Bernie Benson, KOMB Holdings, LLC, Patrick Smith, Smith Postal and Business Services, LLC, Charles R Hinzey, WAJC Services, Inc., Charles Wilson, C. K. Unlimited, Inc., James W Moulton, JM4, Inc., Mark L Bilodeau, S & L Management, Inc., Gilder Varn, Gayle Varn, Tristar Property Development, Inc, John E Moran, Manu G Mahtani, Sundri M Mahtani, Mac Distributions, Inc., Audrey Ritt, Auxano, Inc., Bob Strickland, Rachel Strickland, AVS, Inc., Robert L Walker, Frances T Walker, 5XW, Inc., Glenn J Burns, Newport Shipping, Inc., Sterling Shipping, Inc., David J Bean, Sue A Bean, Beanotion, LLC, Jay Friedman, Laura Friedman, LJ & Company, LLC, Kenneth L Huang, Pro Business Solutions, Inc., Robert H Mack, Nancy J Mack, Mack Packaging, Inc, Don Bingham, Debra Bingham, Alan M Cohen, ARC Business Services, Inc., William C Allem, Karen E Allem Business Services, Bonnie Dixon, Kettle Moraine Distributor, LLC,, J Michael Paulettia, Steven W Johnson, Belinda C Johnson, Livingston Holdings Inc, White Cliffs of Dover, Inc., Extex, Inc., Arthur Brestlin, Town and Country Partners Corp, Town & Country Partners Corp. II, Bradford W Moxley, Moxley Enterprises, LLC, Shawn W Cochran, Larry Ann Torrente, COTO, Inc., James M Skiersch, John A Raposo, JR Management, Inc., Kevin Burke, Burke Corporation, Alex Williams, Charlotte Williams, Derry Postal & Packaging, Inc., McGuinness Enterprises, LLC, Margo Dixon, Jerome Salerno, Joseph Salerno, SClass Management, Inc., Frederick W Formon, Joseph P McGuinness, Janet V Formon, Formon Associates, Inc., Ellis Abide, ASHEN, LLC, Thomas J Diercks, Donald C Adams, Acme, LLC, Michael L Seiler, Cynthia J Seiler, Komb Holdings LLC, Samica Enterprises LLC, Kingman Enterprises, LLC, William A Connor, Linda J Connor, JEM Connor Corporation, Marguerite Marchio, Markio, LLC, Susan R Newsom, Hickory Flat Mail, Inc., Milos Todorovic, Elizabeth M Todorovic, Boca, Incorporated, Connie J Jones, Michael J Jones, Broadwater Shipping Centre, LLC, Jeffrey D Hughes, Robin Susan Hughes, Jeffrey Hughes, LLC, Benny Newton, Cheryl B Newton, Bencher Investments LLC, Robert B Leach, Regina M Leach, R & G Enterprises Company Inc, Nancy L Dryburgh, John R Dryburgh, Executive Business Group, Inc., Andrew R Roquet, Carrie L Roquet, CAL Partners, Inc., Timothy B Coffee, Coffee Times Eight, Inc., Herbert W Howard, Valerie L Howard, HV Howard Enterprises, Inc., Kathleen A Ladich, Ladich, LLC, Eagle Shipping LLC(a New York Limited liability company), Blair Payne, Denise Payne, PDB, Inc, Paul Yanakakis, Lindsey Yanakakis, Yanaco, Inc., Jayne Stephens, J.D. Stephens, Inc., Keith L Dean, Solid Strategies, Inc., Donald Grout, Grout Holdings, LLC, Gretchen L Woods, Robert Woods, Lucille's Legacy, LLC, Michael Gorlano, Randy Gorlano, M. Gorlano Enterprises, Denise C Taylor, James T Taylor, October 15th Corp., David J Benson, Linda A Benson, Benson Mail Service, Inc., William A Weir, Jennifer R Weir, Breakpoint, Inc., Christopher L Burrell, Jack Fiamingo, Jax Maximus Inc., Jeffrey Rozwadowski, Stacy Rozwadowski, Roz Enterprises, Inc., Kenneth Hugh Davis, Habel Inc, Kenneth L Beets, Gail M Beets, KLB Enterprises Inc, Village Post LLC, Thomas McMahon, Laura McMahon, Craig Bohn, Linda Bohn, Import Center Warehouse Division, Inc., Scott Vradelis, Catherine Montgomery, Montellis Communications, Inc., Barbara P Feldman, Walter M Feldman, Woodbine Enterprises, Inc., Stephen W Grabowski, Arca Investment Company, Thomas Cuce, Rosemary A Merrigan, Bux-Mont Parcel Services, LLC, Roger D Tapp, Crystal L Tapp, Tapp Enterprises LLC, W Reid Richardson, Jr, Randall M Richardson, Marshall D Kohen, Joseph T Maher, Jerald Reingold, TamRoe Inc, Bruce E Olson, Olson Northstar, Inc., Charles R Matthews, MBMP Inc, Michele A Matthews, Matthews Mailing Enterprises, Inc, Paul McClintock, McClintock Enterprises, Inc, Joseph A Rosenberg, Stephanie M Rosenberg, 14 Bond Corp.,, Terrance Hayes, Evanthe Hayes, E. T. Hayes, LLC, Joyce Wagner, J & J Services, Inc., Douglas B Gard, Don I Gard, Gard Properties, LLC, Gard Enterprises, LLC, Richard M Rosenbaum, RMR & Associates, Inc., David T Baran, Jennie Baran, David T. Baran, Inc., Ian Coren, Ellen Coren, Coren Enterprises, LLC, Kory Waisner, Annette L Waisner, Waisner Inc., Amrish R Desai, Arti A Desai, R & B Corporation, Joseph Malbrough, Cara Malbrough, Parland Place Associates, LLC, Robert P Minock, Formon Associates Inc, Madeline J Minock, Kay W Oak, Chang Y Oak, Steve Hupka, Larry Hupka, Cathy Hupka, 3 Eagles Enterprises, LLC, Brian Rogga, The Rogga Corporation, Jack E Gillary, Lisa A Gillary, J & L Gillary, Inc.,, Erran Bennett, Dean Koch, Koch Enterprises, Inc., Gary C Powell, Pow-Pack, Inc., Kathleen M Nevin, Kyle Gregerson, KGJH Shipping, LLC, Patrick J Miller, Diver Down Delivery, Inc., Jayesh M Patel, Nitasha Enterprises, Inc., Makan Enterprises, Inc., Jennifer Midkiff, Gary C Noble, William Dudley, Prenoley, Inc., Shantilal L Jani, Jani & Son Inc.,, Shekhar Gosai, Naggin Gosai, Shiv Shakti Corporation, Inc., Nancy Kasza-Scott, John David Scott, Phoenix Business Systems Inc, Scott Business Group, Ltd.,, Jayanti Patel, Anitaben Patel, Gerald Benson, Sandra Philhower, MBMP, Inc., Laurie Ann Cobb, Rudy Corp, Daniel J Sweeney, DJTS Inc., Jerry Arty, TYG Ventures, LLC, Raul Flores, Cynthia Flores, Flores Postal Services, LLC, Philip J MacGowan, Donna M MacGowan, Aljohn Enterprises, Inc., Linda Knight, Joe Knight, NBI, LLC, Neil Gulsvig, Janice Gulsvig, David Child, Victoria L Child, William-Dalton Consulting, Inc., Roger Egan, Atwell Enterprises, Inc., Joaquin Rosal, Jennifer Diaz, Albert Diaz, WB Pomona, LLP, Joseph Spagnola, James Walsh, S & W Boston Stores, LLC, 3 Eagles Enterprises LLC, James J Connelly, Ton-Up, LLC, Robert Carpinello, Michael Carpinello, Thomas Constantino, Lenmik Express Corp., Bull Express Inc., Kingship, LLC, Thomas S Ruth, Platt Business Services, Inc.,, Cornell Dyce, Rosemarie Roopchand, Corosenell, LLC, Carlos Garcia, Donlos, Inc., Jesse McDaniels, Leroy Langston, Michael Majors, MML, LLC, John K Comerford, Comerford Service Resources, Inc., Richard L Rayment, Mary E Rayment, Rayment MST, LLC, Ann Schauperl, Joerg Schauperl, Anjor Enterprises, LLC, Tom King, MWK, Inc., Brandon Phillips, Marcia Phillips, Beemar, Inc., Richard O Retrum, Dan Torres, ROR Enterprises, Inc., Philip R Maniscalco, Breakpoint Inc, Nancy L Maniscalco, AM-PM Business Services, Inc.,, Stuart Ehlers, Robin Ehlers, Frank Flammer, Judy Flammer, Mail Call, Inc., Gerard Difruscia, Edward Meyerhoefer, Patricia Reali, Reali Meyerhoefer, LLC, Garry M Davis, GMD Enterprises, LLC, Tessa Dee Meyers, Terry Meyers, Quicksilver Enterprises, Inc., Brian Coyle, Patricia A Coyle, WPBC, Inc., Thomas H Eblen, Thomas W Eblen, Ebco, Inc., Linda V Ollerman, Robert J Ollerman, Saremma, Inc., Sharon Brewer, Lloyd Brewer, K & A Restaurants, Inc., David K Smith, Parcel Express Shipping & Storage, Inc., Keith Ogren, Candace Hill, HCH, LLC, John T Gallo, Rista Packaging, Inc., Ken M Patel, Bowdoin Up LLC, Chintan K Patel, Parchino, Inc., Frank Scarso, Luigi Giunta, Dean Giasi, Pozzallo Partners, Inc., D.F.M. Corporation, James E O'Connor, JEO Enterprises, LLC, Susan Merkatoris, Larboard Enterprises, LLC, Donald R. Snapp Jr., Inc., Donald R Snapp, Jr, William Michael Kirk, Charles D Stoflet, Nannette Stoflet, CDS Business Group, Inc., Scott Richardson, Jennifer Richardson, Scott & Jennifer Richardson, LLC, Howard Clark, Modern Technology Corporation, Natvarlal C Prajapati, Varsha N Prajapati, Arjun Corporation, Steven Richards, Esther Richards, Noah & Folks, LLC, Mark A Zimmerman, Michelle Pare, Zimmerman & Pare, LLC, Alvin F Snyder, Upscale Management, Inc., Ryan Olsen, Tristar Property Development Inc, Margaret K Wallmann, Ryan Olsen Enterprises, Inc., Darren Miles, Cynthia Miles, LaForge Miles Corporation, Brian Parks, Cynthia Beshada, Ost Mark Inc., James Highley, Ernest Highley, H & H Enterprises, Janice Margaret Burke, William Hunter Burke, Ginger Louise Prohaska, Timothy Arnold Prohaska, Part II, Inc, Caroline Schroeder, Fox Cities Business Services, LLC, Vincent L Natelli, Angela Natelli, Eagle Shipping LLC(a New York limited liability company), Maureen Richards, MTR Bailey, Inc., John Rousseau, Boardwalk Communications, Inc., Albert Schomp, IV, Backoffice, Inc., David Leite, Rebecca Leite, DR Leite, Inc., Frederick Chris Farrar, Farrar Enterprises, Inc., Richard W Marx, Marx of Excellence, Inc., Don Freeman, Diane Freeman, McClintock Enterprises Inc, Extex Inc, Freemax, Inc., Tap Enterprises LLC, S and L Management Inc, Wayne County Holdings Inc, Ladich LLC, BMSA Inc (bp) |
Filing 38 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Otis D Wright II ORDERING third amended complaint submitted by Plaintiff Samica Enterprises LLC received on 7/20/07 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(bp) |
Filing 37 MINUTES OF IN CHAMBERS ORDER held before Judge Otis D Wright II: The court hereby grants plaintiffs leave to file a third amended complaint.(bp) |
Filing 35 MINUTES OF Motion Hearing held before Judge Otis D Wright II: Motion to Dismiss filed by Mail Boxes Etc., Inc., Mail Boxes Etc. USA, Inc. and Mail Boxes Etc. As Guarantor Plaintiff's claims for breach of guarantee agreements for failure to state facts sufficient to state a claim, GRANTED; As Guarantor plaintiff's claims for breach of franchise agreements for lack of standing, DENIED; As to all claims against Mail Boxes, Etc. USA, Inc. And Mail Boxes, Etc., DENIED without prejudice; As to tortous interference with economic advantage, DENIED without prejudice; As to B&P Code 17200 claims, GRANTED to the extent plaintiffs seek disgorgement of revenue received from third parties, but DENIED to the extent plaintiffs' seek disgorement of revenue paid by plaintiffs.Court Reporter: Anne Kielwasser.(bp) |
Filing 34 MINUTES OF IN CHAMBERS ORDER held before Judge Otis D Wright II: Motion to dismiss filed by Mail Boxes, etc., The hearing on the above-referenced motion, currently scheduled for 6/18/07 at 1:30 p.m.is hereby continued to Wednesday 6/20/2007 at 10:00 AM before Judge Otis D Wright II.(bp) |
Filing 36 REPLY MEMORANDUM in support of Defendants MOTION to Dismiss 29 filed by Defendants Mail Boxes Etc Inc, Mail Boxes Etc USA Inc, Mail Boxes ETC. (jp) |
Filing 33 DECLARATION of Peter C. Lagarias, esq., in opposition to defendants' MOTION to Dismiss Case 29 filed by Plaintiff Samica Enterprises LLC. (bp) |
Filing 32 OPPOSITION TO MOTION to Dismiss Case 29 filed by Plaintiff Samica Enterprises LLC. (bp) |
Filing 31 DECLARATION of David B. Babbe in support of MOTION to Dismiss Case 29 filed by defendants' Mail Boxes Etc Inc, Mail Boxes Etc USA Inc, Mail Boxes ETC. (bp, ) |
Filing 30 MEMORANDUM of Points and authorities in Support of MOTION to Dismiss Case 29 filed by defendants' Mail Boxes Etc Inc, Mail Boxes Etc USA Inc, Mail Boxes ETC. (bp, ) |
Filing 29 NOTICE OF MOTION AND MOTION to Dismiss filed by defendants' Mail Boxes Etc Inc, Mail Boxes Etc USA Inc, Mail Boxes ETC. Motion set for hearing on 6/18/2007 at 01:30 PM before Judge Otis D Wright II. Lodged proposed order. (bp, ) |
Filing 27 MINUTES OF IN CHAMBERS ORDER held before Judge Otis D Wright II: This action has been reassigned to the Honorable Otis D. Wright II, United States District Judge. The magistrate judge's assignment remains the same.Court Reporter: Not reported. (bp, ) |
Filing 28 SECOND AMENDED COMPLAINT against defendants' Mail Boxes Etc USA Inc, Mail Boxes ETC, United Parcel Service of America, Inc., Mail Boxes Etc Inc, United Parcel Service, United Parcel Service Inc(a Ohio franchise corporation), United Parcel Service Inc(a New York corporation), Does; Party Rocky Romanella; BSG Holding Inc and BSG Holdings Subsidiary Inc terminated amending Amended Complaint,,, 24 ,filed by plaintiffs' By LLC, Derry Postal and Packaging Inc, William Allem, Rhonda Norfleet, ST Gabriel LLC, Jamar Enterprises Inc, Coto Inc, 5XW Inc, Kingman Enterprises LLC, John E Moran, Livingston Holdings Inc, Komb Holdings LLC, Samica Enterprises LLC, Eagle Shipping LLC, Habel Inc, MBMP Inc, Formon Associates Inc, Phoenix Business Systems Inc, 3 Eagles Enterprises LLC, Breakpoint Inc, Bowdoin Up LLC, Tristar Property Development Inc, McClintock Enterprises Inc, Tap Enterprises LLC, S and L Management Inc, Ladich LLC, BMSA Inc (bp, ) |
Filing 26 ORDER OF THE CHIEF JUDGE (#07-096) approved by Chief District Judge Alicemarie H. Stotler. Pursuant to the recommended procedure adopted by the Court for the Creation of Calendar of Judge Otis D. Wright, II, this case is transfered from Judge George H. King to the calendar of Judge Otis D Wright, II for all further proceedings. The case number will now reflect the initials of the transferee Judge CV 06-2800 ODW (CTx).(rn, ) |
Filing 25 STIPULATION AND ORDER that plaintiffs will file a second amended complaint no later than 4/20/07 by Judge George H. King :(bp, ) |
Filing 22 MINUTES OF IN CHAMBERS ORDER held before Judge George H. King : Plaintiff's motion for leave to amend complaint. The motion is GRANTED. The FAC is DEEMED filed as of hte date it was lodged. Defendants SHALL respond to the FAC within twenty-five days hereof.Court Reporter: N/A. (bp, ) |
Filing 23 REPLY MEMORANDUM IN SUPPORT OF MOTION for Leave to to amend complaint 16 filed by plaintiffs' Samica Enterprises LLC. (bp, ) |
Filing 21 MEMORANDUM of Points and Authorities in Opposition to MOTION for Leave to to amend complaint 16 filed by defendant Mail Boxes Etc Inc, BSG Holding Inc, BSG Holdings Subsidiary Inc, United Parcel Service, United Parcel Service Inc(a Ohio franchise corporation), Rocky Romanella. (bp, ) |
Filing 24 FIRST AMENDED COMPLAINT against defendants' Mail Boxes Etc Inc, BSG Holding Inc, BSG Holdings Subsidiary Inc, United Parcel Service, United Parcel Service Inc(a Ohio franchise corporation), United Parcel Service Inc(a New York corporation), Rocky Romanella, Does amending Notice of Removal, 1 ; JURY DEMAND,filed by plaintiffs' By LLC, Derry Postal and Packaging Inc, William Allem, Rhonda Norfleet, ST Gabriel LLC, Jamar Enterprises Inc, Coto Inc, 5XW Inc, Kingman Enterprises LLC, John E Moran, Livingston Holdings Inc, Komb Holdings LLC, Samica Enterprises LLC, Eagle Shipping LLC, Habel Inc, MBMP Inc, Formon Associates Inc, Phoenix Business Systems Inc, 3 Eagles Enterprises LLC, Breakpoint Inc, Bowdoin Up LLC, Tristar Property Development Inc, McClintock Enterprises Inc, Extex Inc, Tap Enterprises LLC, S and L Management Inc, Wayne County Holdings Inc, Ladich LLC, BMSA Inc (bp, ) |
Filing 20 PROOF OF SERVICE filed by plaintiffs' Samica Enterprises LLC, re Memorandum in Support of Motion 17 , Declaration (Motion related) 18 , MOTION for Leave to to amend complaint 16 , Declaration (Motion related) 19 , was served on 2/15/07. (bp, ) |
Filing 19 DECLARATION of Peter C. Lagarias, esq in support of MOTION for Leave to to amend complaint 16 filed by plaintiffs' Samica Enterprises LLC. (bp, ) |
Filing 18 DECLARATION of Robert S. Boulter in support of MOTION for Leave to to amend complaint 16 filed by plaintiffs' Samica Enterprises LLC. (bp, ) |
Filing 17 MEMORANDUM in Support of MOTION for Leave to to amend complaint 16 filed by plaintiffs' Samica Enterprises LLC. (bp, ) |
Filing 16 NOTICE OF MOTION AND MOTION for Leave to amend complaint filed by plaintiff Samica Enterprises LLC. Motion set for hearing on 3/12/2007 at 09:30 AM before Judge George H. King. Lodged 1st amended complaint. (bp, ) |
Filing 15 NOTICE OF DISCREPANCY AND ORDER: by Judge George H. King, ORDERING motion for leave to amend complaint submitted by Plaintiff Samica Enterprises LLC received on 2/8/07 is not to be filed but instead rejected. Denial based on: first amended complaint not signed.(bp, ) |
Filing 14 ORDER: The court, having reviewed the accompanying application of Steven M. Kaufman of Morrison & Foerester, LLP for permission to appear and participate in the above-entitled action on behalf of defendant Mail Boxes, etc., and United Parcel Service, Inc., and the designation of Jane H. Barrett of Morrison & Foerester LLP by Judge George H. King, re APPLICATION for attorney Steven M. Kaufman to Appear Pro Hac Vice. FEE paid. 13 (bp, ) |
Filing 13 APPLICATION for attorney Steven M. Kaufman to Appear Pro Hac Vice. FEE paid. filed by defendants' Mail Boxes Etc Inc, United Parcel Service, United Parcel Service Inc(a Ohio franchise corporation), United Parcel Service Inc(a New York corporation). Lodged proposed order. (bp, ) |
Filing 12 APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case by L. Michael Hankes as counsel for Plaintiff Samica Enterprises LLC, Approved by Judge George H. King.(bp, ) |
Filing 11 APPLICATION for attorney L. Michael Hankes to Appear Pro Hac Vice. FEE paid. filed by plaintiff Samica Enterprises LLC. Lodged proposed order. (bp, ) |
Filing 10 NOTICE of Association of Counsel associating attorney Peter C Lagarias on behalf of Plaintiff Samica Enterprises LLC. Attorney firm name has changed to Lagarias and Boulter, LLP. Filed by plaintiff Samica Enterprises, LLC, etal (bb, ) |
Filing 8 MINUTES: Plaintiff's counsel's motion to be relieved as counsel. We GRANT the motionby Christensen, Glaser, Fink, Jacobs, Weil & Shapiro, LLP to be relieved as plaintiffs' counsel. Judge George H. King :Court Reporter: None. (bp, ) |
Filing 9 Substitution of Attorney filed. The court hereby orders that the request of plaintiffs' to substitute Peter C. Lagarias in place and stead of attorney of record in place and stead of Christensen Miller, et al, by Judge George H. King.(bp, ) |
Filing 7 APPLICATION to Substitute attorney Peter C. Lagarias in place of attorney Christensen Miller filed by plaintiffs' By LLC, Derry Postal and Packaging Inc, William Allem, Jamar Enterprises Inc, Coto Inc, 5XW Inc, Kingman Enterprises LLC, John E Moran, Livingston Holdings Inc, Komb Holdings LLC, Samica Enterprises LLC, Eagle Shipping LLC, Habel Inc, MBMP Inc, Formon Associates Inc, 3 Eagles Enterprises LLC, Breakpoint Inc, Bowdoin Up LLC, Tristar Property Development Inc, McClintock Enterprises Inc, Extex Inc, Tap Enterprises LLC, S and L Management Inc, Wayne County Holdings Inc, Ladich LLC, BMSA Inc. Lodged proposed order. (bp, ) |
Filing 6 NOTICE OF MOTION AND MOTION to be relieved as counsel filed by plaintiffs' By LLC, Derry Postal and Packaging Inc, William Allem, Rhonda Norfleet, ST Gabriel LLC, Jamar Enterprises Inc, Coto Inc, 5XW Inc, Kingman Enterprises LLC, John E Moran, Livingston Holdings Inc, Komb Holdings LLC, Samica Enterprises LLC, Eagle Shipping LLC, Habel Inc, MBMP Inc, Formon Associates Inc, Phoenix Business Systems Inc, 3 Eagles Enterprises LLC, Breakpoint Inc, Bowdoin Up LLC, Tristar Property Development Inc, McClintock Enterprises Inc, Extex Inc, Tap Enterprises LLC, S and L Management Inc, Wayne County Holdings Inc, Ladich LLC, BMSA Inc. Motion set for hearing on 8/28/2006 at 09:30 AM before Judge George H. King. (bp, ) |
Filing 5 NOTICE of case management order filed by defendants' Mail Boxes Etc Inc. (bp, ) |
Filing 4 ORDER RE: Case Management by Judge George H. King,(bp, ) |
Filing 3 DECLARATION of GREGORY B. KOLTUN in support of Notice of Removal 1 filed by Defendants Mail Boxes Etc Inc, BSG Holding Inc, BSG Holdings Subsidiary Inc, United Parcel Service Inc, Rocky Romanella. (jp) |
Filing 2 CERTIFICATION AND NOTICE of Interested Parties filed by Defendants Mail Boxes Etc Inc, BSG Holding Inc, BSG Holdings Subsidiary Inc, United Parcel Service, United Parcel Service Inc, United Parcel Service Inc, Rocky Romanella. (jp) |
Filing 1 NOTICE OF REMOVAL from Los Angeles County Superior Court, Central District of California, case number BC349372 with copy of summons and complaint. Case assigned to Judge George H. King and referred to Discovery Carolyn Turchin. (Filing fee $ 350 PAID), filed by defendants Mail Boxes Etc Inc, BSG Holding Inc, BSG Holdings Subsidiary Inc, United Parcel Service, United Parcel Service Inc (an Ohio franchise corporation), United Parcel Service Inc (a New York corporation), Rocky Romanella. (jp) |
CONFORMED COPY OF ANSWER to Complaint 1 (the original document was filed in State Court on 5/8/2006) filed by defendants Mail Boxes Etc Inc, BSG Holding Inc, BSG Holdings Subsidiary Inc, United Parcel Service, United Parcel Service Inc (a Ohio franchise corporation), United Parcel Service Inc (a New York corporation), Rocky Romanella. (jp) |
FAX number for Attorneys Jane H Barrett, Gregory B Koltun is 213-892-5454. (jp) |
FAX number for Attorney Paul T Friedman is 415-268-7522. (jp) |
FAX number for Attorneys Nabil L Abu-Assal, Robert L Shapiro, Kerry Garvis Wright is 310-556-2920. (jp, ) |
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