Durkin Contracting v. City of Newark, et al
Plaintiff: Donald M. Durkin Contracting, Inc.
Defendant: City of Newark, Mayor Harold F. Godwin, Council Member John H. Farrell, IV, Council Member Jerry Clifton, Council Member Karl G. Kalbacher, Council Member David J. Athey, Council Member Frank J. Osborne, Jr., Council Member Christina Rewa and URS Corporation
Intervenor Plaintiff: St. Paul Fire & Marine Insurance Company
3Rd Party Plaintiff: Federal Insurance Company
Case Number: 1:2004cv00163
Filed: March 16, 2004
Court: US District Court for the District of Delaware
Office: Wilmington Office
Presiding Judge: Gregory M Sleet
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Contract Dispute
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on January 4, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 4, 2019 Remark - Trial exhibits have been destroyed (re #379 Letter). (mdb)
November 29, 2018 Filing 379 Letter to Counsel from Courtroom Deputy regarding return of trial exhibits. (Response due by 1/2/2019). (mdb)
July 28, 2008 Filing 378 USCA Order Terminating Appeal as to #375 Notice of Appeal (Third Circuit) filed by Donald M. Durkin Contracting, Inc., #314 Notice of Appeal (Third Circuit), Notice of Appeal (Third Circuit) filed by City of Newark, #322 Notice of Appeal (Third Circuit), Notice of Appeal (Third Circuit) filed by Donald M. Durkin Contracting, Inc., #313 Notice of Appeal (Third Circuit) filed by City of Newark. USCA Decision: Dismissed pursuant to Fed. R. App. P. 42(b). (lc, )
May 30, 2008 Filing 377 NOTICE of Docketing Record on Appeal from USCA for the Third Circuit re #375 Notice of Appeal (Third Circuit) filed by Donald M. Durkin Contracting, Inc. USCA Case Number 08-2382. USCA Case Manager: Dana Moore (DOCUMENT IS RESTRICTED AND CAN ONLY BE VIEWED BY COURT STAFF) (dm, )
May 8, 2008 Filing 376 TRANSCRIPT of Telephone Conference held on 4/10/2008 before Judge Sleet. Court Reporter: Kevin Maurer. (Transcript on file in Clerk's Office) (asw)
May 2, 2008 Copy of #375 Notice of Appeal (Third Circuit) mailed to: Sheela P. Dattani (els)
May 1, 2008 Filing 375 NOTICE OF APPEAL of #372 Memorandum and Order, #373 Judgment, and Certificate of Service. Appeal filed by Donald M. Durkin Contracting, Inc.. (Logan, Paul)
April 23, 2008 Filing 374 Amended NOTICE OF APPEAL of #298 Judgment, #372 Memorandum and Order, #373 Judgment, #357 Memorandum and Order. Appeal filed by Jerry Clifton, Karl G. Kalbacher, David J. Athey, Frank J. Osborne, Jr, Christina Rewa, City of Newark, Harold F. Godwin, John H. Farrell, IV. (Attachments: #1 Exhibit Judgment Dated 10-11-06, #2 Exhibit Memorandum Opinion Date 9-17-07, #3 Exhibit Memorandum Opinion Dated 4-9-08, #4 Exhibit Amended Judgment Dated 4-9-08)(Seitz, Collins)
April 10, 2008 CASE CLOSED (mmm)
April 10, 2008 Minute Entry for proceedings held before Judge Gregory M. Sleet - Telephone Conference held on 4/10/2008. (Court Reporter Kevin Maurer.) (asw)
April 9, 2008 Filing 373 AMENDED JUDGMENT in favor of Donald M. Durkin Contracting, Inc. against City of Newark, for compensatory damages and post-termination incurred expenses on the breach of contract claim in the amount of SIX HUNDRED THIRTY THOUSAND EIGHT HUNDRED NINETEEN DOLLARS AND FORTY CENTS ($630,819.40). Signed by Chief Judge Gregory M. Sleet on 4/9/2008. (asw)
April 9, 2008 Opinion or Order Filing 372 MEMORANDUM OPINION AND ORDER GRANTING the City of Newark's motion for judgment as a matter of law on the breach of contract damages award. Signed by Chief Judge Gregory M. Sleet on 4/9/2008. (asw)
December 6, 2007 Opinion or Order Filing 371 ORDER granting #366 St. Paul Fire & Marine Insurance Company's Motion to Withdraw as Intervenor. Signed by Judge Gregory M. Sleet on 12/6/2007. (asw)
December 3, 2007 Filing 370 REPLY BRIEF IN SUPPORT OF MOTION IN SUPPORT OF ATTORNEYS' FEES, COSTS AND POST-JUDGMENT INTEREST (D.I. 307) PURSUANT TO 42 U.S.C. 1988 AND FEDERAL RULE OF CIVIL PROCEDURE 54 filed by Donald M. Durkin Contracting, Inc.. (Attachments: #1 Appendix Part 1#2 Appendix Part 2#3 Certificate of Service)(Logan, Paul)
November 14, 2007 Filing 369 APPENDIX re #368 Answering Brief in Opposition, to Plaintiff's Motion in Support of Attorneys' Fees, Costs and Post-Judgment Interest by Jerry Clifton, Karl G. Kalbacher, David J. Athey, Frank J. Osborne, Jr, Christina Rewa, City of Newark, Harold F. Godwin, John H. Farrell, IV. (Attachments: #1 Certificate of Service)(Seitz, Collins)
November 14, 2007 Filing 368 ANSWERING BRIEF in Opposition to Plaintiff's Motion in Support of Attorneys' Fees, Costs and Post-Judgment Interest filed by Jerry Clifton, Karl G. Kalbacher, David J. Athey, Frank J. Osborne, Jr, Christina Rewa, City of Newark, Harold F. Godwin, John H. Farrell, IV.Reply Brief due date per Local Rules is 11/26/2007. (Attachments: #1 Certificate of Service)(Seitz, Collins)
November 13, 2007 Filing 367 Letter to Honorable Gregory M. Sleet from Collins J. Seitz, Jr. regarding Defendants do not oppose - re #366 MOTION to Withdraw Motion of St. Paul Fire & Marine Insurance Company to Withdraw as Intervenor. (Seitz, Collins)
October 24, 2007 Filing 366 MOTION to Withdraw Motion of St. Paul Fire & Marine Insurance Company to Withdraw as Intervenor - filed by St. Paul Fire & Marine Insurance Company. (Attachments: #1 Motion of St. Paul Fire & Marine Insurance Company to Withdraw as Intervenor#2 Proposed Order#3 Certificate of Service)(Cattie, William)
October 24, 2007 Filing 365 MOTION to Withdraw Motion of St. Paul Fire & Marine Insurance Company to Withdraw as Intervenor - filed by St. Paul Fire & Marine Insurance Company. (Attachments: #1 Proposed Order#2 Certificate of Service)(Cattie, William)
October 23, 2007 Opinion or Order SO ORDERED, re #361 Stipulation filed by City of Newark, Set Briefing Schedule Re: Post-Trial Motions: Opening Brief due 10/12/2007., Answering Brief due 11/14/2007., Reply Brief due 12/3/2007. Ordered by Judge Gregory M. Sleet on 10/23/2007. (asw)
October 12, 2007 Filing 364 Supplemental OPENING BRIEF in Support Motion for Award of Attorneys' Fees, Costs and Post-Judgment Interest (D.I. 307) Pursuant to 42 U.S.C. Section 1988 and Federal Rule of Civil Prcoedure 54 filed by Donald M. Durkin Contracting, Inc..Answering Brief/Response due date per Local Rules is 10/29/2007. (Attachments: #1 Appendix #2 Certificate of Service)(Logan, Paul)
October 8, 2007 Filing 363 RESPONSE to Order re #357 Memorandum and Order : City of Newark Defendants' Answering Brief Regarding The Delaware Common Law Measure Of Damages filed by City of Newark. (Seitz, Collins)
October 5, 2007 Filing 362 REPLY BRIEF filed by Donald M. Durkin Contracting, Inc.. (Attachments: #1 Appendix #2 Certificate of Service)(Logan, Paul)
October 3, 2007 Filing 361 Proposed STIPULATION Regarding Briefing Schedule on Donald M. Durkin Contracting, Inc.'s Post-Trial Motions by City of Newark. (Seitz, Collins)
October 1, 2007 Filing 360 APPENDIX re #359 Opening Brief in Support of City of Newark Defendants' Brief Regarding The Delaware Common Law Measure of Damages by City of Newark. (Attachments: #1 Appendix Part II of Appendix of Documents In Support of City of Newark Defendants' Brief Regarding The Delaware Common Law Measure of Damages)(Seitz, Collins)
October 1, 2007 Filing 359 OPENING BRIEF in Support City of Newark Defendants' Brief Regarding The Delaware Common Law Measure of Damages filed by City of Newark.Answering Brief/Response due date per Local Rules is 10/19/2007. (Seitz, Collins)
October 1, 2007 Filing 358 OPENING BRIEF in Support Breach of Contract Damage Award filed by Donald M. Durkin Contracting, Inc..Answering Brief/Response due date per Local Rules is 10/19/2007. (Attachments: #1 Appendix Appendix#2 Certificate of Service)(Logan, Paul)
September 17, 2007 Opinion or Order Filing 357 MEMORANDUM OPINION AND ORDER regarding post-trial motions. Signed by Judge Gregory M. Sleet on 9/17/2007. (asw)
May 29, 2007 Filing 356 Letter to Honorable Gregory M. Sleet from Collins J. Seitz, Jr. regarding the City of Newark defendants' and URS's settlement agreement resolving URS's claim relating to unpaid invoices for URS's engineering work on the City of Newark reservoir and advising the Court that the legal issue regarding URS's claim to attorneys' fees has not been resolved by the parties. - re #351 Answering Brief in Opposition, #354 Reply Brief,,,,,,,, #346 Opening Brief in Support,,,,,,,,,,,,,,,,,, #353 Answering Brief in Opposition, #345 Opening Brief in Support, #343 Opening Brief in Support. (Seitz, Collins)
March 23, 2007 Filing 355 Letter to Honorable Gregory M. Sleet from Collins J. Seitz, Jr. regarding Respectfully Request Oral Argument On Their Motions - re #354 Reply Brief,,,,,,,,. (Seitz, Collins)
March 23, 2007 Filing 354 REPLY BRIEF Of The City Of Newark Defendants' In Support Of Their Motion For Judgment As A Matter Of Law And For A New Trial Or Remittitur filed by Jerry Clifton, Karl G. Kalbacher, David J. Athey, Frank J. Osborne, Jr, Christina Rewa, City of Newark, Harold F. Godwin, John H. Farrell, IV. (Attachments: #1 Appendix Volume 1 of Appendix Of Documents In Support Of City Of Newark Defendants' Post-Trial Reply Brief In Support Of Their Motion For Judgment As A Matter Of Law And For A New Trial Or Remittitur#2 Appendix Volume 2 of Appendix Of Documents In Support Of City Of Newark Defendants' Post-Trial Reply Brief In Support Of Their Motion For Judgment As A Matter Of Law And For A New Trial Or Remittitur#3 Appendix Volume 3 of Appendix Of Documents In Support Of City Of Newark Defendants' Post-Trial Reply Brief In Support Of Their Motion For Judgment As A Matter Of Law And For A New Trial Or Remittitur#4 Appendix Volume 4 of Appendix Of Documents In Support Of City Of Newark Defendants' Post-Trial Reply Brief In Support Of Their Motion For Judgment As A Matter Of Law And For A New Trial Or Remittitur#5 Exhibit Volume 1 of Compendium Of Cases Supporting City Of Newark Defendants' Post-Trial Reply Brief In Support Of Their Motion For Judgment As A Matter Of Law And For A New Trial Or Remittitur#6 Exhibit Volume 2 of Compendium Of Cases Supporting City Of Newark Defendants' Post-Trial Reply Brief In Support Of Their Motion For Judgment As A Matter Of Law And For A New Trial Or Remittitur#7 Exhibit Volume 3 of Compendium Of Cases Supporting City Of Newark Defendants' Post-Trial Reply Brief In Support Of Their Motion For Judgment As A Matter Of Law And For A New Trial Or Remittitur#8 Exhibit Volume 4 of Compendium Of Cases Supporting City Of Newark Defendants' Post-Trial Reply Brief In Support Of Their Motion For Judgment As A Matter Of Law And For A New Trial Or Remittitur#9 Exhibit Volume 5 of Compendium Of Cases Supporting City Of Newark Defendants' Post-Trial Reply Brief In Support Of Their Motion For Judgment As A Matter Of Law And For A New Trial Or Remittitur)(Seitz, Collins)
March 2, 2007 Filing 353 ANSWERING BRIEF in Opposition to the City of Newark Defendants Motion for New Trial [Related D.I. No. 346] filed by URS Corporation.Reply Brief due date per Local Rules is 3/12/2007. (Attachments: #1 Exhibit A Unreported Decisions#2 Exhibit B Trial Exhibit 29#3 Certificate of Service)(Hill, Robert)
March 2, 2007 Filing 352 APPENDIX re #351 Answering Brief in Opposition, by Donald M. Durkin Contracting, Inc.. (Attachments: #1 Appendix Part 2#2 Appendix Part 3#3 Appendix Part 4#4 Appendix Part 5#5 Appendix Part 6#6 Appendix Part 7#7 Appendix Part 8#8 Appendix Part 9#9 Appendix Part 10#10 Appendix Part 11#11 Appendix Part 12#12 Appendix Part 13#13 Appendix Part 14#14 Appendix Part 15#15 Appendix Part 16#16 Appendix Part 17#17 Appendix Part 18#18 Appendix Part 19#19 Certificate of Service)(Logan, Paul)
March 2, 2007 Filing 351 ANSWERING BRIEF in Opposition to #346 City of Newark Defendants' Motion for Judgment as a Matter of Law and for New Trial or Remittitur filed by Donald M. Durkin Contracting, Inc..Reply Brief due date per Local Rules is 3/12/2007. (Attachments: #1 Answering Brief - Part 2#2 Text of Proposed Order)(Logan, Paul)
February 13, 2007 Opinion or Order SO ORDERED, re #350 Stipulation filed by David J. Athey, City of Newark, Jerry Clifton, Christina Rewa, Karl G. Kalbacher, John H. Farrell, IV, Frank J. Osborne, Jr., Harold F. Godwin. Ordered by Judge Gregory M. Sleet on 2/13/2007. (asw)
February 13, 2007 Opinion or Order ORAL ORDER finding as moot #348 Stipulation filed by David J. Athey, City of Newark, Jerry Clifton, URS Corporation, Christina Rewa, Karl G. Kalbacher, John H. Farrell, IV, Frank J. Osborne, Jr., Harold F. Godwin. See D.I. 350, Revised Stipulation. Ordered by Judge Gregory M. Sleet on 2/13/2007. (asw)
February 12, 2007 Filing 350 Proposed STIPULATION Partial Stay of Briefing re #349 Letter by Jerry Clifton, Karl G. Kalbacher, David J. Athey, Frank J. Osborne, Jr, Christina Rewa, City of Newark, Harold F. Godwin, John H. Farrell, IV. (Seitz, Collins)
February 12, 2007 Filing 349 Letter to Honorable Gregory M. Sleet from Collins J. Seitz, Jr. regarding Revised Proposed Stipulation for Partial Stay of Briefing. (Seitz, Collins)
February 8, 2007 Filing 348 Proposed STIPULATION for Partial Stay of Briefing re #347 Letter by Jerry Clifton, Karl G. Kalbacher, David J. Athey, Frank J. Osborne, Jr, Christina Rewa, URS Corporation, City of Newark, Harold F. Godwin, John H. Farrell, IV. (Seitz, Collins)
February 8, 2007 Filing 347 Letter to Honorable Gregory M. Sleet from Collins J. Seitz, Jr. regarding Proposed Stipulation for Partial Stay of Briefing. (Seitz, Collins)
January 26, 2007 Filing 346 OPENING BRIEF in Support of City of Newark Defendants' Post-Trial Brief In Support of Their Motion for Judgment as a Matter of Law and for a New Trial or Remittitur filed by Jerry Clifton, Karl G. Kalbacher, David J. Athey, Frank J. Osborne, Jr, Christina Rewa, City of Newark, Harold F. Godwin, John H. Farrell, IV.Answering Brief/Response due date per Local Rules is 2/12/2007. (Attachments: #1 Part 2 to City of Newark Defendants' Post-Trial Brief in Support of Their Motion for Judgment as a Matter of Law and for a New Trial or Remittitur#2 Appendix Part 1 of Appendix of Documents in Support of City of Newark Defendants' Post-Trial Brief in Support of Their Motion for Judgment as a Matter of Law and for a New Trial or Remittitur#3 Appendix Part 2 of Appendix of Documents in Support of City of Newark Defendants' Post-Trial Brief in Support of Their Motion for Judgment as a Matter of Law and for a New Trial or Remittitur#4 Appendix Part 3 of Appendix of Documents in Support of City of Newark Defendants' Post-Trial Brief in Support of Their Motion for Judgment as a Matter of Law and for a New Trial or Remittitur#5 Appendix Part 4 of Appendix of Documents in Support of City of Newark Defendants' Post-Trial Brief in Support of Their Motion for Judgment as a Matter of Law and for a New Trial or Remittitur#6 Appendix Part 5 of Appendix of Documents in Support of City of Newark Defendants' Post-Trial Brief in Support of Their Motion for Judgment as a Matter of Law and for a New Trial or Remittitur#7 Appendix Part 6 of Appendix of Documents in Support of City of Newark Defendants' Post-Trial Brief in Support of Their Motion for Judgment as a Matter of Law and for a New Trial or Remittitur#8 Appendix Part 7 of Appendix of Documents in Support of City of Newark Defendants' Post-Trial Brief in Support of Their Motion for Judgment as a Matter of Law and for a New Trial or Remittitur#9 Appendix Part 8 of Appendix of Documents in Support of City of Newark Defendants' Post-Trial Brief in Support of Their Motion for Judgment as a Matter of Law and for a New Trial or Remittitur#10 Exhibit Part 1 of Compendium of Unreported Cases in Support of City of Newark Defendants' Post-Trial Brief in Support of Their Motion for Judgment as a Matter of Law and for a New Trial or Remittitur#11 Exhibit Part 2 of Compendium of Unreported Cases in Support of City of Newark Defendants' Post-Trial Brief in Support of Their Motion for Judgment as a Matter of Law and for a New Trial or Remittitur#12 Exhibit Part 3 of Compendium of Unreported Cases in Support of City of Newark Defendants' Post-Trial Brief in Support of Their Motion for Judgment as a Matter of Law and for a New Trial or Remittitur#13 Exhibit Part 4 of Compendium of Unreported Cases in Support of City of Newark Defendants' Post-Trial Brief in Support of Their Motion for Judgment as a Matter of Law and for a New Trial or Remittitur#14 Exhibit Part 5 of Compendium of Unreported Cases in Support of City of Newark Defendants' Post-Trial Brief in Support of Their Motion for Judgment as a Matter of Law and for a New Trial or Remittitur#15 Exhibit Part 6 of Compendium of Unreported Cases in Support of City of Newark Defendants' Post-Trial Brief in Support of Their Motion for Judgment as a Matter of Law and for a New Trial or Remittitur#16 Exhibit Part 7 of Compendium of Unreported Cases in Support of City of Newark Defendants' Post-Trial Brief in Support of Their Motion for Judgment as a Matter of Law and for a New Trial or Remittitur#17 Exhibit Part 8 of Compendium of Unreported Cases in Support of City of Newark Defendants' Post-Trial Brief in Support of Their Motion for Judgment as a Matter of Law and for a New Trial or Remittitur#18 Exhibit Part 9 of Compendium of Unreported Cases in Support of City of Newark Defendants' Post-Trial Brief in Support of Their Motion for Judgment as a Matter of Law and for a New Trial or Remittitur#19 Exhibit Part 1 of Compendium of Unreported Cases in Support of City of Newark Defendants' Post-Trial Brief in Support of Their Motion for Judgment as a Matter of Law and for a New Trial or Remittitur#20 Exhibit Part 11 of Compendium of Unreported Cases in Support of City of Newark Defendants' Post-Trial Brief in Support of Their Motion for Judgment as a Matter of Law and for a New Trial or Remittitur#21 Exhibit Part 12 of Compendium of Unreported Cases in Support of City of Newark Defendants' Post-Trial Brief in Support of Their Motion for Judgment as a Matter of Law and for a New Trial or Remittitur)(Seitz, Collins)
January 26, 2007 Filing 345 Supplemental OPENING BRIEF in Support o fMotion to Amend/Correct Judgment to add Interest (docketed at D.I. 305) filed by Donald M. Durkin Contracting, Inc..Answering Brief/Response due date per Local Rules is 2/12/2007. (Attachments: #1 Text of Proposed Order)(Culley, David)
January 26, 2007 Filing 344 APPENDIX in Support of Motion for Attorneys' fees by Donald M. Durkin Contracting, Inc.. (Attachments: #1 Appendix - Part 2#2 Appendix - Part 3#3 #4 Appendix - Part 5#5 Appendix - Part 6#6 Appendix - Part 7)(Culley, David)
January 26, 2007 Filing 343 Supplemental OPENING BRIEF in Support of Motion pursuant to Section 1988 filed by Donald M. Durkin Contracting, Inc..Answering Brief/Response due date per Local Rules is 2/12/2007. (Attachments: #1 Text of Proposed Order)(Culley, David)
January 24, 2007 Filing 342 NOTICE of Appearance by David G. Culley on behalf of Donald M. Durkin Contracting, Inc. (Culley, David)
January 23, 2007 Filing 341 MOTION for Thomas D. Walsh to Withdraw as Attorney - filed by Donald M. Durkin Contracting, Inc.. (Walsh, Thomas)
December 20, 2006 Filing 340 STIPULATION First Proposed Amended Stipulated Briefing Schedule re #339 Letter by Jerry Clifton, Karl G. Kalbacher, David J. Athey, Frank J. Osborne, Jr, Christina Rewa, City of Newark, Harold F. Godwin, John H. Farrell, IV. (Seitz, Collins)
December 20, 2006 Filing 339 Letter to Honorable Gregory M. Sleet from Collins J. Seitz, Jr. regarding First Proposed Amended Stipulated Briefing Schedule. (Seitz, Collins)
December 20, 2006 Opinion or Order SO ORDERED, re #340 Stipulation filed by David J. Athey, City of Newark, Jerry Clifton, Christina Rewa, Karl G. Kalbacher, John H. Farrell, IV, Frank J. Osborne, Jr., Harold F. Godwin. Reset Briefing Schedule: Opening Brief due 1/26/2007.,Answering Brief due 3/2/2007.,Reply Brief due 3/23/2007. Ordered by Judge Gregory M. Sleet on 12/20/2006. (asw)
December 19, 2006 Filing 338 NOTICE OF SUBSTITUTION OF COUNSEL re Jerry Clifton, Karl G. Kalbacher, David J. Athey, Frank J. Osborne, Jr, Christina Rewa, City of Newark, Harold F. Godwin, John H. Farrell, IV: Entry of appearance of attorney Collins J. Seitz, Jr. Attorney Victoria Kathryn Petrone; Paul Cottrell terminated. (Seitz, Collins)
December 12, 2006 Filing 337 NOTICE OF SUBSTITUTION OF COUNSEL re Donald M. Durkin Contracting, Inc.: Entry of appearance of attorney Thomas D. Walsh. Attorney Katharine L. Mayer, Esquire terminated. (Attachments: #1 Certificate of Service of Notice of Substitution of Counsel)(Walsh, Thomas)
December 5, 2006 Opinion or Order ORAL ORDER setting briefing schedule regarding post-trial motions:Opening Brief due 1/5/2007. Answering Brief due 2/2/2007. Reply Brief due 2/16/2007. Ordered by Judge Gregory M. Sleet on 12/5/2006. (asw)
December 1, 2006 Opinion or Order Filing 336 ORDER granting #316 MOTION to Stay Execution of the Judgment filed by City of Newark and execution upon the judgment shall be stayed during the pendency of the appeal. Signed by Judge Gregory M. Sleet on 12/1/2006. (asw)
November 30, 2006 Filing 335 NOTICE of filing the following document(s) in paper format: Certificate of Service of 11/30/06 Ltr to Hon. Gregory M. Sleet. Original document(s) on file in Clerk's Office. Notice filed by Paul A. Logan on behalf of Donald M. Durkin Contracting, Inc. (Logan, Paul)
November 30, 2006 Filing 334 Letter to The Honorable Gregory M. Sleet from Paul A. Logan regarding Proposed Briefing Schedule. (Logan, Paul)
November 29, 2006 Filing 333 NOTICE of Docketing Record on Appeal from USCA for the Third Circuit re USCA Appeal Fees, #322 Notice of Appeal (Third Circuit), Notice of Appeal (Third Circuit) filed by Donald M. Durkin Contracting, Inc.. USCA Case Number 06-4850. USCA Case Manager: Charlene Crisden (DOCUMENT IS RESTRICTED AND CAN ONLY BE VIEWED BY COURT STAFF) (cc, )
November 27, 2006 Filing 332 TRANSCRIPT of Jury Trial (Day Eight and Last Day of Trial) held on 10/5/2006 before Judge Sleet. Court Reporter: Kevin Maurer. (Transcript on file in Clerk's Office) (asw)
November 27, 2006 Filing 331 TRANSCRIPT of Jury Trial (Day Seven) held on 10/4/2006 before Judge Sleet. Court Reporter: Kevin Maurer. (Transcript on file in Clerk's Office) (asw)
November 27, 2006 Filing 330 TRANSCRIPT of Jury Trial (Day Six) held on 10/3/2006 before Judge Sleet. Court Reporter: Kevin Maurer. (Transcript on file in Clerk's Office) (asw)
November 27, 2006 Filing 329 TRANSCRIPT of Jury Trial (Day Five) held on 10/2/2006 before Judge Sleet. Court Reporter: Kevin Mauer. (Transcript on file in Clerk's Office) (asw)
November 27, 2006 Filing 328 TRANSCRIPT of Jury Trial (Day Four) held on 9/29/2006 before Judge Sleet. Court Reporter: Kevin Maurer. (Transcript on file in Clerk's Office) (asw)
November 27, 2006 Filing 327 TRANSCRIPT of Jury Trial (Day Three) held on 9/28/2006 before Judge Sleet. Court Reporter: Kevin Maurer. (Transcript on file in Clerk's Office) (asw)
November 27, 2006 Filing 326 TRANSCRIPT of Jury Trial (Day Two) held on 9/27/2006 before Judge Sleet. Court Reporter: Kevin Maurer. (Transcript on file in Clerk's Office)
November 27, 2006 Filing 325 TRANSCRIPT of Jury Trial (Day One) held on 9/26/2006 before Judge Sleet. Court Reporter: Kevin Maurer. (Transcript on file in Clerk's Office) (asw)
November 27, 2006 Opinion or Order Filing 324 MEMORANDUM AND AMENDED ORDER clarifying the Court's Orders of October 31, 2006 and November 3, 2006. Signed by Judge Gregory M. Sleet on 11/27/06. (asw)
November 22, 2006 Filing 323 Letter to Clerk of Court from Thomas D. Walsh, Esquire on behalf of Durkin Contracting regarding Clarification of November 22, 2006 letter to U.S. Court of Appeals for the Third Circuit regarding McCarter & English not withdrawing its appearance on behalf of Durkin Contracting. (Attachments: #1 Affidavit Certificate of Service of Thomas D. Walsh, Esquire)(Walsh, Thomas)
November 21, 2006 USCA Appeal Fees received: $ 455, receipt number 145468 re #322 Notice of Appeal (Third Circuit), filed by Donald M. Durkin Contracting, Inc. TPO Mailed with receipt. (rpg)
November 20, 2006 Filing 322 NOTICE OF APPEAL of #310 Order on Motion to Stay,,, Order on Motion for Judgment NOV,,, Order on Motion for New Trial,,, Order on Motion to Amend/Correct,,, Order on Motion for Attorney Fees,,. Appeal filed by Donald M. Durkin Contracting, Inc.. (Attachments: #1 Certificate of Service)(Logan, Paul)
November 15, 2006 Opinion or Order Filing 321 ORDER of USCA staying the appeal pursuant to F.R.A.P. 4(a)(4). Decision of USCA: STAYED. (cc, )
November 15, 2006 Filing 320 NOTICE of Docketing Record on Appeal from USCA for the Third Circuit re USCA Appeal Fees, #313 Notice of Appeal (Third Circuit) filed by City of Newark. USCA Case Number 06-4761. USCA Case Manager: Charlene Crisden (DOCUMENT IS RESTRICTED AND CAN ONLY BE VIEWED BY COURT STAFF) (cc, )
November 13, 2006 Filing 319 TRANSCRIPT of Jury Trial (Excerpt from last day of trial) held on 10/5/2006 before Judge Sleet. Court Reporter: Kevin Maurer. (Transcript on file in Clerk's Office) (asw)
November 9, 2006 Filing 318 OPENING BRIEF in Support re #316 MOTION to Stay Execution of the Judgment filed by City of Newark.Answering Brief/Response due date per Local Rules is 11/30/2006. (Petrone, Victoria)
November 9, 2006 Filing 317 OPENING BRIEF in Support re #315 MOTION Relief from Supersedeas Bond filed by City of Newark.Answering Brief/Response due date per Local Rules is 11/30/2006. (Petrone, Victoria)
November 9, 2006 Filing 316 MOTION to Stay Execution of the Judgment - filed by City of Newark. (Attachments: #1 Certificate of Service)(Petrone, Victoria)
November 9, 2006 Filing 315 MOTION Relief from Supersedeas Bond - filed by City of Newark. (Attachments: #1 Exhibit A#2 Exhibit B#3 Certificate of Service)(Petrone, Victoria)
November 9, 2006 Filing 314 NOTICE OF APPEAL of #310 Order on Motion to Stay,,, Order on Motion for Judgment NOV,,, Order on Motion for New Trial,,, Order on Motion to Amend/Correct,,, Order on Motion for Attorney Fees,,. Appeal filed by City of Newark. (Attachments: #1 Certificate of Service)(Petrone, Victoria)
November 9, 2006 Filing 313 NOTICE OF APPEAL of #298 Judgment,. Appeal filed by City of Newark. (Attachments: #1 Certificate of Service)(Petrone, Victoria)
November 9, 2006 Filing 312 Letter to Clerk of the Court from Victoria K. Petrone regarding Change of Contact Information. (Petrone, Victoria)
November 9, 2006 USCA Appeal Fees received: $ 455, receipt number 145369 re #314 Notice of Appeal (Third Circuit), Notice of Appeal (Third Circuit) filed by City of Newark. TPO Issued. (ead)
November 9, 2006 USCA Appeal Fees received: $ 455, receipt number 145368 re #313 Notice of Appeal (Third Circuit) filed by City of Newark. TPO Issued. (ead)
November 3, 2006 Opinion or Order Filing 311 ORDER that the City of Newark is precluded from initiating any communication by telephone, fax, or email to chambers. The City of Newark's request for the court to vacate its October 31, 2006 order is DENIED . Signed by Judge Gregory M. Sleet on 11/3/2006. (asw )
October 31, 2006 Opinion or Order Filing 310 ORDER striking #302 Motion to Stay, striking #303 Motion for Judgment NOV, striking #304 Motion for New Trial, striking #305 Motion to Amend/Correct and #306 opening brief in support thereof, and striking #307 Motion for Attorney Fees, #308 opening brief in support thereof, and #309 Appendix. The parties shall submit a proposed post-verdict briefing schedule for the court's approval in compliance with the court's oral order of October 19, 2006. Signed by Judge Gregory M. Sleet on 10/30/06. (mmm)
October 25, 2006 Filing 309 APPENDIX re #308 Opening Brief in Support by Donald M. Durkin Contracting, Inc.. (Attachments: #1 Appendix A1 - A25#2 Appendix A26 - A50#3 Appendix A51 - A99#4 Appendix A100 - A125#5 Appendix A126 - A150#6 Appendix A151 - A175#7 Appendix A176 - A200#8 Appendix A201 - A225#9 Appendix A226 - A250#10 Appendix A251 - A275#11 Appendix A276 - A300#12 Appendix A301 - A325#13 Appendix A326 - A350#14 Appendix A351 - 375#15 Appendix A376 - A400#16 Appendix A401 - A425#17 Appendix A426 - A450#18 Appendix A451 - A475#19 Appendix A476 - A500#20 Appendix A501 - A525#21 Appendix A526 - A550#22 Appendix A551 - A575#23 Appendix A576 - A600#24 Appendix A601 - A625#25 Appendix A626 - A650#26 Appendix A651 - A675#27 Appendix A676 - A700#28 Appendix A701 - A714)(Logan, Paul)
October 25, 2006 Filing 308 OPENING BRIEF in Support re #307 MOTION for Attorney Fees Pursuant to 42 U.S.C. 1988 filed by Donald M. Durkin Contracting, Inc..Answering Brief/Response due date per Local Rules is 11/8/2006. (Logan, Paul)
October 25, 2006 Filing 307 MOTION for Attorney Fees Pursuant to 42 U.S.C. 1988 - filed by Donald M. Durkin Contracting, Inc.. (Attachments: #1 Text of Proposed Order)(Logan, Paul)
October 25, 2006 Filing 306 OPENING BRIEF in Support re #305 MOTION to Amend/Correct #298 Judgment, To Add Interest Pursuant to Rule 59(e) filed by Donald M. Durkin Contracting, Inc..Answering Brief/Response due date per Local Rules is 11/8/2006. (Attachments: #1 Appendix Part I#2 Appendix Part II#3 Appendix Part III#4 Appendix Part IV)(Logan, Paul)
October 25, 2006 Filing 305 MOTION to Amend/Correct #298 Judgment, To Add Interest Pursuant to Rule 59(e) - filed by Donald M. Durkin Contracting, Inc.. (Attachments: #1 Text of Proposed Order)(Logan, Paul)
October 24, 2006 Filing 304 MOTION for New Trial / Remittitur, to Alter, Amend or Vacate Judgment - filed by City of Newark. (Attachments: #1 Text of Proposed Order #2 Exhibit A#3 Exhibit B#4 Exhibit C#5 Exhibit D#6 Certificate of Service)(Petrone, Victoria)
October 24, 2006 Filing 303 MOTION for Judgment NOV - filed by City of Newark. (Attachments: #1 Text of Proposed Order #2 Certificate of Service)(Petrone, Victoria)
October 24, 2006 Filing 302 MOTION to Stay Execution of the Judgment - filed by City of Newark. (Attachments: #1 Text of Proposed Order #2 Certificate of Service)(Petrone, Victoria)
October 19, 2006 Opinion or Order ORAL ORDER denying #301 Letter request for the Court to indicate the availability of the trial transcript by a minute entry on the docket. The parties are directed to contact the Court Reporter to check the status of the transcript availability. Upon receipt of the full trial transcript, the parties shall file a proposed stipulated briefing schedule (regarding post-verdict motions) with the Court. Upon the Court's approval, the briefing schedule shall be entered on the docket. Ordered by Judge Gregory M. Sleet on 10/19/06. (asw )
October 18, 2006 Filing 301 Letter to Judge Sleet from Paul Cottrell regarding Post-verdict Briefing Schedule. (Attachments: #1 Text of Proposed Order)(Petrone, Victoria)
October 12, 2006 Filing 300 MOTION for Pro Hac Vice Appearance of Attorney Thomas C. Gallagher - filed by City of Newark. (Petrone, Victoria)
October 12, 2006 Opinion or Order Filing 299 ORDER denying as moot #273 Motion for Judgment as a Matter of Law, denying as moot #277 Motion for Directed Verdict, denying as moot #278 Motion for Sanctions . Signed by Judge Gregory M. Sleet on 10/12/06. (asw )
October 12, 2006 Opinion or Order SO ORDERED, re #300 MOTION for Pro Hac Vice Appearance of Attorney Thomas C. Gallagher filed by City of Newark . Ordered by Judge Gregory M. Sleet on 10/12/06. (asw )
October 11, 2006 Filing 298 JUDGMENT in favor of the plaintiff, Donald M. Durkin Contracting, Inc and against the defendant, City of Newark in the amount of $36,667,573.33 AND in favor of the third party defendant, URS Corporation and against the defendant, City of Newark in the amount of $566,775.74. Signed by Judge Gregory M. Sleet on 10/11/06. (asw )
October 11, 2006 Opinion or Order Filing 297 ORDER that the amount reflected in item I(A)(3) of the jury verdict form shall be considered an amount itemized for attorneys' fees but which was awarded and therefore included, counted and covered in the amount reflected in item I(A)(2). Signed by Judge Gregory M. Sleet on 10/11/06. (asw )
October 11, 2006 CORRECTING ENTRY: As a result of D.I. 296, Letter from plaintiff's counsel; D.I. 291, Jury Verdict AND the minute entry for Jury Trial (Day Eight) dated 10/5/06 has been revised to reflect the correct verdict amount (extracting the legal fees owed to Durkin Contracting - as it is a duplication that was awarded in the post-termination expenses). (asw )
October 10, 2006 Filing 296 Letter to Judge Sleet from David T. Bolger regarding Clerical Error in Amount of Jury Verdict. (Logan, Paul)
October 6, 2006 Filing 295 STENO NOTES of Jury Trial held on 10/4/2006 through 10/5/2006 before Judge Sleet. Court Reporter: Kevin Maurer. (Notes on file in Clerk's Office) (asw )
October 6, 2006 Filing 294 STENO NOTES of Jury Trial held on 9/29/2006 through 10/3/2006 before Judge Sleet. Court Reporter: Kevin Maurer. (Notes on file in Clerk's Office) (asw )
October 6, 2006 Filing 293 STENO NOTES of Jury Trial held on 9/26/2006 through 9/29/2006 before Judge Sleet. Court Reporter: Kevin Maurer. (Notes on file in Clerk's Office) (asw )
October 5, 2006 Opinion or Order Filing 292 ORDER directing that jurors be provided lunch (cc: Finance). Signed by Judge Gregory M. Sleet on 10/5/06. (asw )
October 5, 2006 Filing 291 JURY VERDICT: IN FAVOR OF THE PLAINTIFF, DONALD M. DURKIN CONTRACTING, INC AGAINST THE DEFENDANT, CITY OF NEWARK IN THE AMOUNT OF $36,667,572.33 (THIRTY SIX MILLION SIX HUNDRED SIXTY-SEVEN THOUSAND FIVE HUNDRED SEVENTY-TWO DOLLARS AND THIRTY-THREE CENTS) FOR DAMAGES; AND IN FAVOR OF THE THIRD-PARTY DEFENDANT, URS AGAINST THE DEFENDANT, CITY OF NEWARK IN THE AMOUNT OF $566,775.74 (FIVE HUNDRED SIXTY SIX THOUSAND SEVEN HUNDRED SEVENTY FIVE DOLLARS AND SEVENTY-FOUR CENTS) FOR FEES AND COSTS. (Court Reporter Kevin Maurer.) (asw )
October 5, 2006 Minute Entry for proceedings held before Judge Gregory M. Sleet : Jury Trial (Day Eight) completed on 10/5/2006. Final Jury Instructions Read. Closing arguments. Jury Deliberations. JURY VERDICT: IN FAVOR OF THE PLAINTIFF, DONALD M. DURKIN CONTRACTING, INC AGAINST THE DEFENDANT, CITY OF NEWARK IN THE AMOUNT OF $36,667,572.33 (THIRTY SIX MILLION SIX HUNDRED SIXTY-SEVEN THOUSAND FIVE HUNDRED SEVENTY-TWO DOLLARS AND THIRTY-THREE CENTS) FOR DAMAGES; AND IN FAVOR OF THE THIRD-PARTY DEFENDANT, URS AGAINST THE DEFENDANT, CITY OF NEWARK IN THE AMOUNT OF $566,775.74 (FIVE HUNDRED SIXTY SIX THOUSAND SEVEN HUNDRED SEVENTY FIVE DOLLARS AND SEVENTY-FOUR CENTS) FOR FEES AND COSTS. (Court Reporter Kevin Maurer.) (asw )
October 5, 2006 Filing 290 Final Jury Instructions read in open court on 10/5/06. (asw )
October 5, 2006 Filing 289 STENO NOTES of Telephone Conference held on 8/30/06 before Judge Sleet. Court Reporter: Kevin Maurer. (Notes on file in Clerk's Office) (asw )
October 4, 2006 Minute Entry for proceedings held before Judge Gregory M. Sleet : Jury Trial (Day Seven) held on 10/4/2006. Defendant's case begins. Witness testimony; Evidence entered. Defendant's case ends. Third-Party Defendant, URS case begins. Witness testimony; Evidence entered. Third-Party Defendant, URS case ends. The Court reserved judgment on URS' Rule 50 Motion. Discussion on the final jury instructions and verdict form edits. Closing Arguments shall commence on 10/5/06. (Court Reporter Kevin Maurer.) (asw, )
October 4, 2006 Filing 288 TRANSCRIPT of Cross-examination of Craig Calabria only (jury trial) held on September 28 and 29, 2006 before Judge Gregory M. Sleet. Court Reporter: Kevin Maurer. (Transcript on file in Clerk's Office) (mmm, )
October 4, 2006 Filing 287 TRANSCRIPT of Testimony of Carol S. Houck (jury trial) held on September 29, 2006 before Judge Gregory M. Sleet. Court Reporter: Kevin Maurer. (Transcript on file in Clerk's Office) (mmm)
October 4, 2006 Filing 286 TRANSCRIPT of Cross-Examination of Jill Voeller only (jury trial) held on September 28, 2006 before Judge Gregory M. Sleet. Court Reporter: Kevin Maurer. (Transcript on file in Clerk's Office) (mmm)
October 4, 2006 Filing 285 TRANSCRIPT of Cross-Examination of Joseph R. Kula only (jury trial) held on September 28, 2006 before Judge Gregory M. Sleet. Court Reporter: Kevin Maurer. (Transcript on file in Clerk's Office) (mmm, )
October 4, 2006 Filing 284 TRANSCRIPT of Testimony of Thomas Bruce Ramsey (jury trial) held on September 27 and 28, 2006 before Judge Gregory M. Sleet. Court Reporter: Kevin Maurer. (Transcript on file in Clerk's Office) (mmm, )
October 4, 2006 Filing 283 TRANSCRIPT of opening statement of Mr. Cottrell only (jury trial) held on September 27, 2006 before Judge Gregory M. Sleet. Court Reporter: Kevin Maurer. (Transcript on file in Clerk's Office) (mmm)
October 4, 2006 Filing 282 STENO NOTES of pretrial conference held on September 5, 2006 before Judge Gregory M. Sleet. Court Reporter: Kevin Maurer. (Notes on file in Clerk's Office) (mmm)
October 4, 2006 Filing 281 ANSWERING BRIEF in Opposition re #260 MOTION for Reconsideration re #257 Memorandum and Order,,, filed by Federal Insurance Company.Reply Brief due date per Local Rules is 10/12/2006. (Attachments: #1 Appendix in Support of Answering Brief in Opposition to Motion for Reconsideration#2 Text of Proposed Order)(Goldstein, Kevin)
October 4, 2006 Filing 280 ANSWERING BRIEF in Opposition to City of Newark's Motion for Directed Verdict filed by Donald M. Durkin Contracting, Inc..Reply Brief due date per Local Rules is 10/12/2006. (Attachments: #1 Exhibit A)(Logan, Paul)
October 4, 2006 Filing 279 OPENING BRIEF in Support re #278 MOTION for Sanctions filed by Donald M. Durkin Contracting, Inc..Answering Brief/Response due date per Local Rules is 10/19/2006. (Attachments: #1 Exhibit Exhibit A)(Logan, Paul)
October 4, 2006 Filing 278 MOTION for Sanctions - filed by Donald M. Durkin Contracting, Inc.. (Logan, Paul)
October 3, 2006 Filing 277 MOTION for Directed Verdict - filed by City of Newark. (Attachments: #1 Exhibit A)(Petrone, Victoria)
October 3, 2006 Filing 276 ANSWERING BRIEF in Opposition re #271 MOTION to Preclude Additional Affirmative Defenses filed by City of Newark.Reply Brief due date per Local Rules is 10/11/2006. (Attachments: #1 Exhibit A)(Petrone, Victoria)
October 3, 2006 Filing 275 Letter ANSWERING BRIEF in Opposition re #273 MOTION for Judgment as a Matter of Law as to Contribution on Plaintiff's Civil Rights Claim filed by City of Newark.Reply Brief due date per Local Rules is 10/11/2006. (Petrone, Victoria)
October 3, 2006 Filing 274 MEMORANDUM in Support re #273 MOTION for Judgment as a Matter of Law filed by URS Corporation, URS Corporation.Answering Brief/Response due date per Local Rules is 10/18/2006. (Attachments: #1 Exhibit Exhibits A and B)(Green, James)
October 3, 2006 Filing 273 MOTION for Judgment as a Matter of Law - filed by URS Corporation, URS Corporation. (Green, James)
October 3, 2006 Minute Entry for proceedings held before Judge Gregory M. Sleet : Jury Trial (Day Six) held on 10/3/2006. Plaintiff's case continued with witness testimony; Evidence entered. Third Party Defendant, URS requested permission to file its Rule 50 Motion in open Court; Granted. The Court GRANTED URS' Motion and all its contentions except for the civil rights issue. The Court will allow the Defendant, City of Newark to respond by the end of business today. The Court discussed housekeeping matters and edits to the final jury instructions. Trial shall resume on 10/4/06 at 9:30 AM. (Court Reporter Kevin Maurer.) (asw )
October 2, 2006 Filing 272 OPENING BRIEF in Support re #271 MOTION to Preclude Additional Affirmative Defenses filed by Donald M. Durkin Contracting, Inc..Answering Brief/Response due date per Local Rules is 10/17/2006. (Logan, Paul)
October 2, 2006 Filing 271 MOTION to Preclude Additional Affirmative Defenses - filed by Donald M. Durkin Contracting, Inc.. (Logan, Paul)
October 2, 2006 Minute Entry for proceedings held before Judge Gregory M. Sleet : Jury Trial (Day Five) held on 10/2/2006. Plaintiff's case continued. Witness testimony; Evidence Entered. (Court Reporter Kevin Maurer.) (asw )
September 29, 2006 Filing 270 STENO NOTES of telephone conference held on 9/25/06 before Judge Gregory M. Sleet. Court Reporter: Kevin Maurer. (Notes on file in Clerk's Office) (mmm)
September 29, 2006 Filing 269 STENO NOTES of telephone conference held on 9/19/06 before Judge Gregory M. Sleet. Court Reporter: Kevin Maurer. (Notes on file in Clerk's Office) (mmm)
September 29, 2006 Minute Entry for proceedings held before Judge Gregory M. Sleet : Jury Trial (Day Four) held on 9/29/2006. Plaintiff's case continued. Witness testimony; Deposition Testimony read; Evidence entered. (Court Reporter Kevin Maurer.) (asw )
September 28, 2006 Opinion or Order Filing 268 ORDER granting #246 Motion for Sanctions. The City of Newark's counterclaim (D.I. 7, Counterclaim at para. 25) is dismissed with prejudice. The City of Newark is hereby precluded from relying on its affirmative defense to Durkin's breach of contract claim, Count VII(b)(D.I. 7, Affirmative Defenses at para. 3). The Court awards the plaintiff attorneys' fees and costs related to the motion practice that gave rise to this court order (D.I. 246-253; 261-264). Signed by Judge Gregory M. Sleet on 9/28/06. (asw )
September 28, 2006 Minute Entry for proceedings held before Judge Gregory M. Sleet : Jury Trial (Day Three) held on 9/28/2006. Plaintiff's case continued. Witness testimony; Evidence entered. (Court Reporter Kevin Maurer.) (asw )
September 27, 2006 Minute Entry for proceedings held before Judge Gregory M. Sleet : Jury Trial (Day Two) held on 9/27/2006. Court's ruling on Durkin's Motion for Sanctions. Preliminary Jury Instructions Read. Counsel's Opening Statements. Plaintiff's case begins: Witness testimony; Evidence entered. (Court Reporter Kevin Maurer.) (asw )
September 26, 2006 Minute Entry for proceedings held before Judge Gregory M. Sleet : Jury Trial held on 9/26/2006. JURY SELECTION ONLY. The jury was dismissed after the selection and shall return on 9/27/06 at 9:00 AM. The Court DENIED the pending motion for reconsideration. Durkin requested that the Court address the motion for sanctions before proceeding with trial. The Court GRANTED Durkin's request. The Court permitted argument on the motion for sanctions and will make its ruling on this issue by 6:00 PM tonight or at 8:30 AM on 9/27/06. (Court Reporter Kevin Maurer.) (asw )
September 26, 2006 Filing 267 Voir Dire Questions. (asw )
September 26, 2006 Filing 266 Supplemental ANSWERING BRIEF in Opposition re #246 MOTION for Sanctions Under Federal Rule of Civil Procedure 37(b), (c) and (d) filed by City of Newark.Reply Brief due date per Local Rules is 10/3/2006. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C)(Petrone, Victoria)
September 26, 2006 Filing 265 ANSWERING BRIEF in Opposition re #260 MOTION for Reconsideration re #257 Memorandum and Order,,, filed by Donald M. Durkin Contracting, Inc..Reply Brief due date per Local Rules is 10/3/2006. (Logan, Paul)
September 25, 2006 Filing 264 APPENDIX re #263 MEMORANDUM in Support re #246 Motion for Sanctions Under Fed. R. Civ. P. 37(b), (c) and (d) by Donald M. Durkin Contracting, Inc.. (Logan, Paul)
September 25, 2006 Filing 263 Second MEMORANDUM in Support re #246 MOTION for Sanctions Under Federal Rule of Civil Procedure 37(b), (c) and (d) filed by Donald M. Durkin Contracting, Inc..Answering Brief/Response due date per Local Rules is 10/10/2006. (Logan, Paul)
September 25, 2006 Filing 262 Supplemental APPENDIX re #261 Opening Brief in Support, of Plaintiff's Motion for Sanctions Under Federal Rule of Civil Procedure 37(b), (c) and (d) by Donald M. Durkin Contracting, Inc.. (Logan, Paul)
September 25, 2006 Filing 261 Supplemental OPENING BRIEF in Support re #246 MOTION for Sanctions Under Federal Rule of Civil Procedure 37(b), (c) and (d) filed by Donald M. Durkin Contracting, Inc..Answering Brief/Response due date per Local Rules is 10/10/2006. (Logan, Paul)
September 25, 2006 Filing 260 MOTION for Reconsideration re #257 Memorandum and Order,,, - filed by City of Newark. (Attachments: #1 Opening Brief#2 Exhibit A#3 Exhibit B)(Petrone, Victoria)
September 25, 2006 Filing 259 Letter to Judge Sleet from Victoria K. Petrone, Esquire regarding Permission to Use Laptop Computer. (Petrone, Victoria)
September 25, 2006 Filing 258 Proposed Jury Instructions by Donald M. Durkin Contracting, Inc.. (Logan, Paul)
September 25, 2006 Minute Entry for proceedings held before Judge Gregory M. Sleet : Telephone Conference held on 9/25/2006. Discussion on the length of trial, City's of Newark's counterclaim, preliminary jury instructions and voir dire edits. Discussion on Durkin's motion for sanctions. City of Newark defendant informed the Court of the production of new documents. The Court will allow supplemental briefing on this issue: Opening due by close of business today. Answering brief due by close of business on 9/26/06. The trial shall commence on 9/26/06 at 9:00 AM and the Court will allot ten days on its calendar for the trial. (Court Reporter Kevin Maurer.) (asw )
September 25, 2006 Opinion or Order ORAL ORDER granting #259 Letter request for use of laptop during trial. A copy of this Oral Order will go to the Court Security Officer. Ordered by Judge Gregory M. Sleet on 9/25/06. (asw )
September 22, 2006 Opinion or Order Filing 257 MEMORANDUM AND ORDER GRANTING #163 MOTION in Limine to Exclude the Deposition Errata Sheets of Carol Houck filed by Federal Insurance Company, VACATING #132 Memorandum and Order, GRANTING #190 MOTION in Limine filed by Donald M. Durkin Contracting, Inc., GRANTING #136 MOTION for Reconsideration re #132 Memorandum and Order filed by Federal Insurance Company, GRANTING #122 MOTION for Summary Judgment filed by Federal Insurance Company, VACATING 63 Order, GRANTING IN PART AND DENYING IN PART 36 Motion for Summary Judgment filed by Donald M. Durkin Contracting, Inc., and GRANTING IN PART AND DENYING IN PART #165 MOTION in Limine to Exclude the February 4, 2004 Letter and Any Reference Thereto filed by Federal Insurance Company. Signed by Judge Gregory M. Sleet on 9/22/06. (mmm)
September 22, 2006 Filing 256 ANSWERING BRIEF in Opposition to Durkin's Motion for Sanctions filed by City of Newark.Reply Brief due date per Local Rules is 9/29/2006. (Cottrell, Paul)
September 22, 2006 Filing 255 Proposed Jury Instructions by Donald M. Durkin Contracting, Inc.. (Logan, Paul)
September 22, 2006 Filing 254 NOTICE of filing the following document(s) in paper format: Notice of Filing Paper Documents. Original document(s) on file in Clerk's Office. Notice filed by Kevin W. Goldstein on behalf of Federal Insurance Company (Goldstein, Kevin)
September 22, 2006 Filing 253 APPENDIX re #252 Appendix, #246 MOTION for Sanctions Under Federal Rule of Civil Procedure 37(b), (c) and (d), #251 Appendix, #249 Appendix, #250 Appendix Appendix Part 2C by Donald M. Durkin Contracting, Inc.. (Logan, Paul)
September 22, 2006 Filing 252 APPENDIX re #246 MOTION for Sanctions Under Federal Rule of Civil Procedure 37(b), (c) and (d), #251 Appendix, #249 Appendix, #250 Appendix Appendix Part 2B by Donald M. Durkin Contracting, Inc.. (Logan, Paul)
September 22, 2006 Filing 251 APPENDIX re #246 MOTION for Sanctions Under Federal Rule of Civil Procedure 37(b), (c) and (d), #249 Appendix, #250 Appendix Appendix Part 2A by Donald M. Durkin Contracting, Inc.. (Logan, Paul)
September 22, 2006 Filing 250 APPENDIX re #246 MOTION for Sanctions Under Federal Rule of Civil Procedure 37(b), (c) and (d), #249 Appendix Appendix Part 1B by Donald M. Durkin Contracting, Inc.. (Logan, Paul)
September 22, 2006 Filing 249 APPENDIX re #246 MOTION for Sanctions Under Federal Rule of Civil Procedure 37(b), (c) and (d), #248 Appendix Appendix 1A (Please disregard #248) by Donald M. Durkin Contracting, Inc.. (Logan, Paul)
September 22, 2006 Filing 248 APPENDIX re #246 MOTION for Sanctions Under Federal Rule of Civil Procedure 37(b), (c) and (d) Part 1A of the Appendix by Donald M. Durkin Contracting, Inc.. (Logan, Paul)
September 22, 2006 Filing 247 OPENING BRIEF in Support re #246 MOTION for Sanctions Under Federal Rule of Civil Procedure 37(b), (c) and (d) filed by Donald M. Durkin Contracting, Inc..Answering Brief/Response due date per Local Rules is 10/6/2006. (Logan, Paul)
September 22, 2006 Filing 246 MOTION for Sanctions Under Federal Rule of Civil Procedure 37(b), (c) and (d) - filed by Donald M. Durkin Contracting, Inc.. (Logan, Paul)
September 22, 2006 Opinion or Order ORAL ORDER striking #245 Proposed Jury Instructions filed by Donald M. Durkin Contracting, Inc. The parties shall refer to the Court's website and follow Judge Sleet's version for preliminary jury instructions. The parties are ordered to re-file the preliminary jury instructions electronically and provide a hard copy to the court as soon as possible. Ordered by Judge Gregory M. Sleet on 9/22/06. (asw )
September 22, 2006 Opinion or Order ORAL ORDER directing the defendants to respond (by the close of business today, September 22, 2006) re #246 MOTION for Sanctions Under Federal Rule of Civil Procedure 37(b), (c) and (d) filed by Donald M. Durkin Contracting, Inc. The Court will discuss this matter at the Teleconference on Monday, September 25, 2006 at 10:00 AM. Ordered by Judge Gregory M. Sleet on 9/22/06. (asw )
September 22, 2006 Remark: Federal Insurance Company is not required to participate in the Telephone Conference scheduled on 9/25/06 at 10:00 AM. (asw )
September 22, 2006 Opinion or Order ORAL ORDER CHANGING TRIAL DATE and SCHEDULING TELECONFERENCE: The Jury Trial in this matter currently scheduled to begin on Monday, September 25, 2006, HAS BEEN RESCHEDULED and will now begin on TUESDAY, SEPTEMBER 26, 2006, at 9:00 AM. A teleconference with the Honorable Gregory M. Sleet has been scheduled for Monday, September 25, 2006, at 10:00 a.m. Issued by Judge Gregory M. Sleet on 9/22/06. (ctd)
September 21, 2006 Filing 245 Proposed Jury Instructions by Donald M. Durkin Contracting, Inc.. (Logan, Paul)
September 20, 2006 Opinion or Order Filing 244 ORDER denying #152 Motion in Limine, denying #193 Motion in Limine . Signed by Judge Gregory M. Sleet on 9/20/06. (asw )
September 19, 2006 Minute Entry for proceedings held before Judge Gregory M. Sleet : Telephone Conference held on 9/19/2006. Discussion on pending motions; a written order shall follow. The Court addressed the subject of pending claims to be tried, (if any). (Court Reporter Kevin Maurer.) (asw )
September 19, 2006 Opinion or Order ORAL ORDER SCHEDULING TELECONFERENCE: A teleconference with the Honorable Gregory M. Sleet has been scheduled for Tuesday, September 19, 2006, at 2:15 p.m. Ordered by Judge Gregory M. Sleet on 9/19/06. (ctd)
September 18, 2006 Opinion or Order Filing 243 ORDER granting #242 Motion to Intervene . Signed by Judge Gregory M. Sleet on 9/18/06. (asw )
September 13, 2006 Filing 242 MOTION to Intervene - filed by St. Paul Fire & Marine Insurance Company. (Attachments: #1 Exhibit A#2 Exhibit B#3 Certificate of Service#4 Proposed Order Granting Motion to Intervene)(Cattie, William)
September 12, 2006 Opinion or Order Filing 241 ORDER granting #213 MOTION to Compel Production of Privileged Documents Based Upon City of Newark's Intentional Waiver of Privilege filed by Federal Insurance Company . Signed by Judge Gregory M. Sleet on 9/12/06. (asw ) Additional attachment(s) added on 9/12/2006 (asw, ).
September 12, 2006 CORRECTING ENTRY: D.I. 241 has been corrected; the pdf document was not attached to the Notice of Electronic Filing (NEF). The parties may obtain a copy of the Order from the Court's docket. (asw )
September 11, 2006 Filing 240 Letter to Honorable Gregory M. Sleet from Victoria K. Petrone regarding D.I. 239 re: Production of Privileged Documents - re #239 Letter,. (Attachments: #1 Exhibit A)(Petrone, Victoria)
September 8, 2006 Filing 239 Letter to the Honorable Gregory Sleet from Counsel for Durkin and Federal regarding Issues Relating to Scope of City of Newark's Waiver of Privilege - re #213 MOTION to Compel Production of Privileged Documents Based Upon City of Newark's Intentional Waiver of Privilege. (Goldstein, Kevin)
September 6, 2006 Filing 238 Letter to Honorable Gregory Sleet from Counsel for Third-Party Defendant, Federal Insurance Company regarding Additional Pending Motions For Court's Consideration - re Pretrial Conference - Initial,. (Goldstein, Kevin)
September 6, 2006 CORRECTING ENTRY: Corrections have been made to the text of the minute entry for the Pretrial Conference held on 9/5/06 (as a result of D.I. 238, Letter). (asw )
September 6, 2006 Opinion or Order ORAL ORDER granting in part and denying in part #147 Motion in Limine, denying #151 Motion in Limine, denying #153 Motion in Limine, denying #154 Motion in Limine, denying #155 Motion in Limine, denying #156 Motion in Limine, granting in part and denying in part #157 Motion in Limine, withdrawing #159 Motion in Limine, denying #162 Motion in Limine, withdrawing #168 Motion in Limine, denying #175 Motion to Bifurcate, denying #178 Motion, granting in part and denying in part #181 Motion in Limine, finding as moot #184 Motion in Limine, finding as moot #184 Motion to Produce, denying #196 Motion, denying #203 Motion to Strike, finding as moot #205 Motion in Limine, withdrawing #210 Motion to Preclude, granting in part and denying in part #213 Motion to Compel. The Court has reserved judgment on D.I.'s 152, 163, 165, 190 and 193 . Ordered by Judge Gregory M. Sleet on 9/5/06. (asw )
September 5, 2006 Minute Entry for proceedings held before Judge Gregory M. Sleet : Pretrial Conference held on 9/5/2006. Discussion on all parties' motions in limine. The Court ruled on the 'in limine' motions and reserved judgment on D.I.'s 152, 163, 165, 190, and 193. Discussion on courtroom procedures (during trial). The parties shall re-file preliminary jury instructions and voir dire as a joint submission. (Court Reporter Kevin Maurer.) (asw )
September 1, 2006 Filing 237 REPLY BRIEF re #193 MOTION in Limine To Preclude The City From Offering Evidence That The Method For Payment For Incomplete Work Is Other Than On A Time And Material Basis filed by Donald M. Durkin Contracting, Inc., Donald M. Durkin Contracting, Inc.. (Attachments: #1 Certificate Of Service)(Mayer, Katharine)
September 1, 2006 Filing 236 REPLY BRIEF re #196 MOTION for Relief from Intentional Destruction of Documentation Generated by the Resident Project Representative by the City's Consultant filed by Donald M. Durkin Contracting, Inc., Donald M. Durkin Contracting, Inc.. (Attachments: #1 Certificate Of Service)(Mayer, Katharine)
September 1, 2006 Filing 235 REPLY BRIEF re #190 MOTION in Limine Regarding The Judicial Admission Of The City Of Newark Providing Prior Written Notice Of Intent To Terminate The Contract filed by Donald M. Durkin Contracting, Inc., Donald M. Durkin Contracting, Inc.. (Attachments: #1 Certificate Of Service)(Mayer, Katharine)
September 1, 2006 Filing 234 REPLY BRIEF re #184 MOTION in Limine MOTION to Produce MOTION to Produce To Preclude The City From Asserting A Joint Defense Privilege Between The City And URS filed by Donald M. Durkin Contracting, Inc., Donald M. Durkin Contracting, Inc., Donald M. Durkin Contracting, Inc.. (Attachments: #1 Certificate Of Service)(Mayer, Katharine)
September 1, 2006 Filing 233 REPLY BRIEF re #181 MOTION in Limine To Preclude Evidence Of Durkin's Bid On The Reservoir Project filed by Donald M. Durkin Contracting, Inc., Donald M. Durkin Contracting, Inc.. (Attachments: #1 Certificate of Service)(Mayer, Katharine)
September 1, 2006 Filing 232 REPLY BRIEF re #213 MOTION to Compel Production of Privileged Documents Based Upon City of Newark's Intentional Waiver of Privilege filed by Federal Insurance Company. (Attachments: #1 Exhibit A - part 1#2 Exhibit A - part 2)(Goldstein, Kevin)
September 1, 2006 Filing 231 APPENDIX re #174 Reply Brief in support of Motion in Limine to Exclude the Errata Sheets of Carol Houck by Federal Insurance Company. (Attachments: #1 Appendix)(Goldstein, Kevin)
September 1, 2006 Opinion or Order Filing 230 ORDER regarding electronic case filing and local counsel status. Signed by Judge Gregory M. Sleet on 9/1/06. (mmm)
September 1, 2006 Remark: A copy of D.I. 230 (Order) was sent, via U.S. mail, to Paul A. Logan, Esq. on 9/1/06. (mmm)
August 31, 2006 Filing 229 RESPONSE to Motion re #175 MOTION to Bifurcate filed by Federal Insurance Company. (Goldstein, Kevin)
August 31, 2006 Filing 228 RESPONSE to Motion re #175 MOTION to Bifurcate filed by URS Corporation, URS Corporation. (Green, James)
August 30, 2006 Filing 227 NOTICE of Appearance by Katharine L. Mayer on behalf of Donald M. Durkin Contracting, Inc. (Attachments: #1 Certificate Of Service)(Mayer, Katharine)
August 30, 2006 Filing 226 ANSWERING BRIEF in Opposition re #203 MOTION to Strike City of Newark's Motions in Limine filed by City of Newark.Reply Brief due date per Local Rules is 9/7/2006. (Attachments: #1 Certificate of Service)(Petrone, Victoria)
August 30, 2006 Filing 225 ANSWERING BRIEF in Opposition re #210 MOTION to Preclude Any Evidence Relating to City's Claims Against Federal filed by City of Newark.Reply Brief due date per Local Rules is 9/7/2006. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D#5 Exhibit E#6 Certificate of Service)(Petrone, Victoria)
August 30, 2006 Filing 224 ANSWERING BRIEF in Opposition re #213 MOTION to Compel Production of Privileged Documents Based Upon City of Newark's Intentional Waiver of Privilege filed by City of Newark.Reply Brief due date per Local Rules is 9/7/2006. (Attachments: #1 Certificate of Service)(Petrone, Victoria)
August 28, 2006 Filing 223 ANSWERING BRIEF re #213 MOTION to Compel Production of Privileged Documents Based Upon City of Newark's Intentional Waiver of Privilege filed by Donald M. Durkin Contracting, Inc.Reply Brief due date per Local Rules is 9/5/2006. (asw )
August 24, 2006 Filing 213 MOTION to Compel Production of Privileged Documents Based Upon City of Newark's Intentional Waiver of Privilege - filed by Federal Insurance Company. (Attachments: #1 Opening Brief in Support#2 Text of Proposed Order #3 Statement Required by Local Rule 7.1.1)(Goldstein, Kevin)
August 24, 2006 Filing 210 MOTION to Preclude Any Evidence Relating to City's Claims Against Federal - filed by Federal Insurance Company. (Attachments: #1 Opening Brief in Support#2 Text of Proposed Order)(Goldstein, Kevin)
August 24, 2006 Filing 202 ANSWERING BRIEF in Opposition re #196 MOTION for Relief from Intentional Destruction of Documentation Generated by the Resident Project Representative by the City's Consultant filed by City of Newark.Reply Brief due date per Local Rules is 8/31/2006. (Attachments: #1 Certificate of Service)(Petrone, Victoria)
August 24, 2006 Filing 201 ANSWERING BRIEF in Opposition re #196 MOTION for Relief from Intentional Destruction of Documentation Generated by the Resident Project Representative by the City's Consultant filed by URS Corporation, URS Corporation, URS Corporation.Reply Brief due date per Local Rules is 8/31/2006. (Attachments: #1 Exhibit A#2 Exhibit B#3 Text of Proposed Order)(Green, James)
August 24, 2006 Filing 199 ANSWERING BRIEF in Opposition re #193 MOTION in Limine of Durkin re Damages on a Time and Materials Basis filed by City of Newark.Reply Brief due date per Local Rules is 8/31/2006. (Attachments: #1 Exhibit A#2 Exhibit B#3 Certificate of Service)(Petrone, Victoria)
August 24, 2006 Filing 198 ANSWERING BRIEF in Opposition re #190 MOTION in Limine of Durkin re Judicial Admission filed by City of Newark.Reply Brief due date per Local Rules is 8/31/2006. (Attachments: #1 Certificate of Service)(Petrone, Victoria)
August 24, 2006 Filing 189 ANSWERING BRIEF in Opposition re #184 MOTION in Limine MOTION to Produce MOTION to Produce filed by City of Newark.Reply Brief due date per Local Rules is 8/31/2006. (Attachments: #1 Certificate of Service)(Petrone, Victoria)
August 24, 2006 Filing 188 ANSWERING BRIEF in Opposition re #181 MOTION in Limine of Durkin to Preclude Evidence of Durkin's Bid filed by City of Newark.Reply Brief due date per Local Rules is 8/31/2006. (Attachments: #1 Exhibit A#2 Exhibit B#3 Certificate of Service)(Petrone, Victoria)
August 24, 2006 Filing 187 ANSWERING BRIEF in Opposition re #178 MOTION for Relief from Intentional Destruction of "Briefing Packets" and Other Information Provided to City Council In Advance of Council Meetings filed by City of Newark.Reply Brief due date per Local Rules is 8/31/2006. (Attachments: #1 Exhibit A#2 Certificate of Service)(Petrone, Victoria)
August 23, 2006 Filing 174 REPLY BRIEF re #163 MOTION in Limine to Exclude the Deposition Errata Sheets of Carol Houck filed by Federal Insurance Company. (Goldstein, Kevin)
August 22, 2006 Filing 222 CERTIFICATE OF SERVICE of Pretrial Submissions by Donald M. Durkin Contracting, Inc. (asw )
August 22, 2006 Filing 221 TRIAL BRIEF by Donald M. Durkin Contracting, Inc. (asw )
August 22, 2006 Filing 220 ANSWERING BRIEF re #159 MOTION in Limine to Exclude Any Reference to or Evidence of City's Alleged Damages filed by Donald M. Durkin Contracting, Inc. (asw )
August 22, 2006 Filing 219 ANSWERING BRIEF WITHOUT Opposition re #165 MOTION in Limine to Exclude the February 4, 2004 Letter and Any Reference Thereto filed by Donald M. Durkin Contracting, Inc. (asw )
August 22, 2006 Filing 218 ANSWERING BRIEF WITHOUT Opposition re #168 MOTION in Limine to Exclude the Experts and Reports of URS Corporation filed by Donald M. Durkin Contracting, Inc. (asw )
August 22, 2006 Filing 217 ANSWERING BRIEF WITHOUT Opposition re #163 MOTION in Limine to Exclude the Deposition Errata Sheets of Carol Houck filed by Donald M. Durkin Contracting, Inc.(asw )
August 22, 2006 Filing 216 ANSWERING BRIEF WITHOUT Opposition re #162 MOTION in Limine to Exclude Evidence of the December 9, 2003 Settlement Meeting filed by Donald M. Durkin Contracting, Inc.(asw )
August 22, 2006 Filing 215 ANSWERING BRIEF in Opposition re #152 MOTION in Limine as to Plaintiff's Valuation of Damages filed by Donald M. Durkin Contracting, Inc.Reply Brief due date per Local Rules is 8/29/2006. (asw )
August 22, 2006 Filing 214 ANSWERING BRIEF in Opposition re #151 MOTION in Limine as to Plaintiff's Civil Rights Claim filed by Donald M. Durkin Contracting, Inc.Reply Brief due date per Local Rules is 8/29/2006. (asw )
August 22, 2006 Filing 212 APPENDIX re #211 Answering Brief in Opposition by Donald M. Durkin Contracting, Inc. (Attachments: #1 Exhibit B#2 Exhibit C#3 Exhibit D#4 Exhibit E#5 Exhibit F)(asw )
August 22, 2006 Filing 211 ANSWERING BRIEF in Opposition re #147 MOTION in Limine to Exclude Evidence Relating to an Alleged Lack of Safety of the Newark Reservoir filed by Donald M. Durkin Contracting, Inc.Reply Brief due date per Local Rules is 8/29/2006. (asw )
August 22, 2006 Filing 209 APPENDIX re #208 Answering Brief in Opposition by Donald M. Durkin Contracting, Inc. (asw )
August 22, 2006 Filing 208 ANSWERING BRIEF in Opposition re #153 MOTION in Limine to Bar any Party from calling Craig Calabria filed by Donald M. Durkin Contracting, Inc.Reply Brief due date per Local Rules is 8/29/2006. (asw )
August 22, 2006 Filing 207 APPENDIX re #205 MOTION in Limine by Donald M. Durkin Contracting, Inc. (asw )
August 22, 2006 Filing 206 OPENING BRIEF in Support re #205 MOTION in Limine filed by Donald M. Durkin Contracting, Inc.Answering Brief/Response due date per Local Rules is 9/6/2006. (asw )
August 22, 2006 Filing 205 MOTION in Limine to Exclude Evidence of Trespassing, Alleged Interference with Construction Activities, and Arrests for Criminal Trespass of Michael D. Durkin and James W. Durkin - filed by Donald M. Durkin Contracting, Inc. (Attachments: #1 Proposed Order)(asw )
August 22, 2006 Filing 204 APPENDIX re #203 MOTION to Strike by Donald M. Durkin Contracting, Inc. (asw )
August 22, 2006 Filing 203 MOTION to Strike the City of Newark's Motions in Limines Because They Are Motions for Summary Judgment. - filed by Donald M. Durkin Contracting, Inc. (asw )
August 22, 2006 Filing 200 APPENDIX re #196 MOTION for Relief from Intentional Destruction of Documentation Generated by the Resident Project Representative by the City's Consultant by Donald M. Durkin Contracting, Inc. (Attachments: #1 Part 2 of the Appendix#2 Part 3 of the Appendix)(asw )
August 22, 2006 Filing 197 OPENING BRIEF in Support re #196 MOTION for Relief from Intentional Destruction of Documentation Generated by the Resident Project Representative by the City's Consultant filed by Donald M. Durkin Contracting, Inc.Answering Brief/Response due date per Local Rules is 9/6/2006. (asw )
August 22, 2006 Filing 196 MOTION for Relief from Intentional Destruction of Documentation Generated by the Resident Project Representative by the City's Consultant - filed by Donald M. Durkin Contracting, Inc. (Attachments: #1 Proposed Order)(asw )
August 22, 2006 Filing 195 APPENDIX re #193 MOTION in Limine by Donald M. Durkin Contracting, Inc. (asw )
August 22, 2006 Filing 194 OPENING BRIEF in Support re #193 MOTION in Limine filed by Donald M. Durkin Contracting, Inc.Answering Brief/Response due date per Local Rules is 9/6/2006. (asw )
August 22, 2006 Filing 193 MOTION in Limine to Preclude the City from Offering Evidence that the Method for Payment for Incomplete Work is Other Than on a Time and Material Basis - filed by Donald M. Durkin Contracting, Inc. (Attachments: #1 Proposed Order)(asw )
August 22, 2006 Filing 192 APPENDIX re #190 MOTION in Limine by Donald M. Durkin Contracting, Inc. (Attachments: #1 Part 2 of Appendix)(asw )
August 22, 2006 Filing 191 OPENING BRIEF in Support re #190 MOTION in Limine filed by Donald M. Durkin Contracting, Inc.Answering Brief/Response due date per Local Rules is 9/6/2006. (asw )
August 22, 2006 Filing 190 MOTION in Limine Regarding the Judicial Admission of the City of Newark Providing Prior Written Notice of Intent to Terminate the Contract - filed by Donald M. Durkin Contracting, Inc. (Attachments: #1 Proposed Order)(asw )
August 22, 2006 Filing 186 APPENDIX re #184 MOTION in Limine MOTION to Produce MOTION to Produce by Donald M. Durkin Contracting, Inc. (asw )
August 22, 2006 Filing 185 OPENING BRIEF in Support re #184 MOTION in Limine AND MOTION to Produce MOTION to Produce filed by Donald M. Durkin Contracting, Inc.Answering Brief/Response due date per Local Rules is 9/6/2006. (asw )
August 22, 2006 Filing 184 MOTION in Limine to Preclude the City from Asserting a Joint Defense Privilege Between the City and URS, MOTION for an Order Directing the City to Immediately Produce Any Documents Being Withheld Based on the Joint Defense Privilege. - filed by Donald M. Durkin Contracting, Inc.. (Attachments: #1 Proposed Order)(asw )
August 22, 2006 Filing 183 APPENDIX re #181 MOTION in Limine by Donald M. Durkin Contracting, Inc. (Attachments: #1 Part 2 of Appendix)(asw )
August 22, 2006 Filing 182 OPENING BRIEF in Support re #181 MOTION in Limine filed by Donald M. Durkin Contracting, Inc.Answering Brief/Response due date per Local Rules is 9/6/2006. (asw )
August 22, 2006 Filing 181 MOTION in Limine to Preclude Evidence on Durkin's bid on the Reservoir Project - filed by Donald M. Durkin Contracting, Inc. (Attachments: #1 Proposed Order)(asw )
August 22, 2006 Filing 180 APPENDIX re #178 MOTION for Relief from Intentional Destruction of "Briefing Packets" and Other Information Provided to City Council In Advance of Council Meetings by Donald M. Durkin Contracting, Inc. (Attachments: #1 Part 2 of Appendix)(asw )
August 22, 2006 Filing 179 OPENING BRIEF in Support re #178 MOTION for Relief from Intentional Destruction of "Briefing Packets" and Other Information Provided to City Council In Advance of Council Meetings filed by Donald M. Durkin Contracting, Inc.Answering Brief/Response due date per Local Rules is 9/6/2006. (asw )
August 22, 2006 Filing 178 MOTION for Relief from Intentional Destruction of "Briefing Packets" and Other Information Provided to City Council in Advance of Council Meetings - filed by Donald M. Durkin Contracting, Inc. (Attachments: #1 Proposed Order)(asw )
August 22, 2006 Filing 177 APPENDIX re #176 Opening Brief in Support by Donald M. Durkin Contracting, Inc. (Attachments: #1 Part 2)(asw )
August 22, 2006 Filing 176 OPENING BRIEF in Support re #175 MOTION to Bifurcate filed by Donald M. Durkin Contracting, Inc.Answering Brief/Response due date per Local Rules is 9/6/2006. (asw )
August 22, 2006 Filing 175 MOTION for Bifurcation of the Liability and Damages Phases of the Trial - filed by Donald M. Durkin Contracting, Inc. (Attachments: #1 Proposed Order)(asw )
August 22, 2006 Filing 173 ANSWERING BRIEF in Opposition re #159 MOTION in Limine to Exclude Any Reference to or Evidence of City's Alleged Damages filed by City of Newark.Reply Brief due date per Local Rules is 8/29/2006. (Petrone, Victoria)
August 22, 2006 Filing 172 ANSWERING BRIEF in Opposition re #165 MOTION in Limine to Exclude the February 4, 2004 Letter and Any Reference Thereto filed by City of Newark.Reply Brief due date per Local Rules is 8/29/2006. (Petrone, Victoria)
August 22, 2006 Filing 171 ANSWERING BRIEF in Opposition re #163 MOTION in Limine to Exclude the Deposition Errata Sheets of Carol Houck filed by City of Newark.Reply Brief due date per Local Rules is 8/29/2006. (Attachments: #1 Exhibit A#2 Exhibit B)(Petrone, Victoria)
August 22, 2006 Filing 170 ANSWERING BRIEF in Opposition re #162 MOTION in Limine to Exclude Evidence of the December 9, 2003 Settlement Meeting filed by City of Newark.Reply Brief due date per Local Rules is 8/29/2006. (Attachments: #1 Exhibit A#2 Exhibit B)(Petrone, Victoria)
August 22, 2006 Filing 169 ANSWERING BRIEF in Opposition re #168 MOTION in Limine to Exclude the Experts and Reports of URS Corporation filed by URS Corporation, URS Corporation, URS Corporation.Reply Brief due date per Local Rules is 8/29/2006. (Attachments: #1 Text of Proposed Order)(Green, James)
August 22, 2006 Filing 168 MOTION in Limine to Exclude the Experts and Reports of URS Corporation - filed by Federal Insurance Company. (Attachments: #1 Opening Brief in Support#2 Text of Proposed Order)(Goldstein, Kevin)
August 22, 2006 Filing 167 Exhibit List by Federal Insurance Company. (Goldstein, Kevin)
August 22, 2006 Filing 166 Proposed Jury Instructions by Federal Insurance Company. (Goldstein, Kevin)
August 22, 2006 Filing 165 MOTION in Limine to Exclude the February 4, 2004 Letter and Any Reference Thereto - filed by Federal Insurance Company. (Attachments: #1 Opening Brief in Support#2 Text of Proposed Order)(Goldstein, Kevin)
August 22, 2006 Filing 164 ANSWERING BRIEF in Opposition re #147 MOTION in Limine to Exclude Evidence Relating to an Alleged Lack of Safety of the Newark Reservoir, #157 MOTION in Limine Joining URS Motion to Preclude Evidence regarding Reservoir Safety filed by Federal Insurance Company.Reply Brief due date per Local Rules is 8/29/2006. (Attachments: #1 Appendix #2 Text of Proposed Order)(Goldstein, Kevin)
August 22, 2006 Filing 163 MOTION in Limine to Exclude the Deposition Errata Sheets of Carol Houck - filed by Federal Insurance Company. (Attachments: #1 Opening Brief in Support#2 Text of Proposed Order)(Goldstein, Kevin)
August 22, 2006 Filing 162 MOTION in Limine to Exclude Evidence of the December 9, 2003 Settlement Meeting - filed by Federal Insurance Company. (Attachments: #1 Opening Brief in Support#2 Text of Proposed Order)(Goldstein, Kevin)
August 22, 2006 Filing 161 PRETRIAL MEMORANDUM by Federal Insurance Company. (Goldstein, Kevin)
August 22, 2006 Filing 160 PRETRIAL MEMORANDUM by URS Corporation, URS Corporation. (Attachments: #1 Exhibit)(Green, James)
August 22, 2006 Filing 159 MOTION in Limine to Exclude Any Reference to or Evidence of City's Alleged Damages - filed by Federal Insurance Company. (Attachments: #1 Opening Brief#2 Appendix #3 Text of Proposed Order)(Goldstein, Kevin)
August 22, 2006 Filing 158 PRETRIAL MEMORANDUM by City of Newark. (Attachments: #1 Certificate of Service)(Petrone, Victoria)
August 22, 2006 Filing 157 MOTION in Limine Joining URS Motion to Preclude Evidence regarding Reservoir Safety - filed by City of Newark. (Attachments: #1 Certificate of Service)(Petrone, Victoria)
August 22, 2006 Filing 156 MOTION in Limine to Bar Plaintiff's Claim for Punitive Damages - filed by City of Newark. (Attachments: #1 Opening Brief#2 Certificate of Service)(Petrone, Victoria)
August 22, 2006 Filing 155 MOTION in Limine as to Plaintiff's Tort and Civil Rights Claim on the Basis of Immunity - filed by City of Newark. (Attachments: #1 Opening Brief#2 Certificate of Service)(Petrone, Victoria)
August 22, 2006 Filing 154 MOTION in Limine as to Plaintiff's Claim for Economic Damages and Professional Fees - filed by City of Newark. (Attachments: #1 Exhibit Opening Brief#2 Exhibit Exhibits#3 Certificate of Service)(Petrone, Victoria)
August 22, 2006 Filing 153 MOTION in Limine to Bar any Party from calling Craig Calabria - filed by City of Newark. (Attachments: #1 Exhibit Opening Brief#2 Exhibit Certificate of Service)(Petrone, Victoria)
August 22, 2006 Filing 152 MOTION in Limine as to Plaintiff's Valuation of Damages - filed by City of Newark. (Attachments: #1 Exhibit Opening Brief#2 Exhibit Exhibits#3 Exhibit Certificate of Service)(Petrone, Victoria)
August 22, 2006 Filing 151 MOTION in Limine as to Plaintiff's Civil Rights Claim - filed by City of Newark. (Attachments: #1 Exhibit Opening Brief#2 Exhibit A#3 Exhibit Certificate of Service)(Petrone, Victoria)
August 22, 2006 Filing 150 Proposed Pretrial Order by City of Newark. (Attachments: #1 Exhibit A part 1: Stipulated Facts#2 Exhibit A part 2: Stipulated Facts#3 Exhibit A part 3: Stipulated Facts#4 Exhibit B: Contested Issues of Fact and Law#5 Exhibit C part 1: Trial Exhibits#6 Exhibit C part 2: Trial Exhibits#7 Exhibit D: Demonstrative Exhibits#8 Exhibit E: List of Witnesses#9 Exhibit F: List of Deposition Transcripts#10 Exhibit G: Itemized Statement of Special Damages#11 Exhibit I: DMD Proposed Jury Instructions#12 Exhibit I: City Proposed Jury Instructions#13 Exhibit I: Federal Proposed Jury Instructions#14 Exhibit I: Proposed Verdict Form#15 Exhibit J: Voir Dire)(Petrone, Victoria)
August 21, 2006 Filing 149 APPENDIX re #147 MOTION in Limine to Exclude Evidence Relating to an Alleged Lack of Safety of the Newark Reservoir, #148 Opening Brief in Support, by URS Corporation, URS Corporation, URS Corporation. (Attachments: #1 Appendix A1-A30#2 Appendix A31-A60#3 Appendix A61-A90#4 Appendix A91-A120#5 Appendix A121-A150#6 Appendix A151-A184)(Green, James)
August 21, 2006 Filing 148 OPENING BRIEF in Support re #147 MOTION in Limine to Exclude Evidence Relating to an Alleged Lack of Safety of the Newark Reservoir filed by URS Corporation, URS Corporation, URS Corporation.Answering Brief/Response due date per Local Rules is 9/5/2006. (Green, James)
August 21, 2006 Filing 147 MOTION in Limine to Exclude Evidence Relating to an Alleged Lack of Safety of the Newark Reservoir - filed by URS Corporation, URS Corporation. (Attachments: #1 Text of Proposed Order #2 Certificate of Compliance Certification Pursuant to Local Rule 7.1.1)(Green, James)
August 14, 2006 Minute Entry for proceedings held before Judge Gregory M. Sleet: Telephone Conference held on 8/14/2006 to discuss the schedule in this case. (mmm)
August 11, 2006 Opinion or Order ORAL ORDER re #145 Letter, #146 Letter. Plaintiff's request for page extensions of three of its motions in limine is granted. Plaintiff's request for an extension to forty pages of its trial briefs is granted in part and denied in part. The page limit is extended to 25 pages. The defendants' request for an additional week to file the pretrial order, motions in limine, jury instructions and trial brief is granted. Signed by Judge Gregory M. Sleet on 8/11/06. (mmm)
August 10, 2006 Filing 146 Letter to The Honorable Gregory M. Sleet from Third-Party Defendant, Federal Insurance Company regarding Pretrial Submissions. (Goldstein, Kevin)
August 9, 2006 Filing 145 Letter to The Honorable Gregory M. Sleet from Paul Cottrell, Esquire regarding Pretrial Submissions. (Cottrell, Paul)
August 3, 2006 Filing 144 ANSWER to Counterclaim of URS Corporation by City of Newark. (Attachments: #1 Certificate of Service)(Cottrell, Paul)
July 28, 2006 Filing 143 STIPULATION Confidentiality Order by City of Newark. (Petrone, Victoria)
July 28, 2006 Opinion or Order SO ORDERED, re #143 Stipulation for Protective Order filed by City of Newark . Ordered by Judge Gregory M. Sleet on 7/28/06. (asw )
June 16, 2006 Filing 142 ANSWER to Third Party Complaint of Defendant City of Newark and, COUNTERCLAIM against City of Newark, City of Newark by URS Corporation, URS Corporation.(Green, James)
June 12, 2006 Filing 141 NOTICE OF SERVICE of Interrogatories and Requests for Production of Documents by Federal Insurance Company.(Goldstein, Kevin)
June 1, 2006 Filing 140 NOTICE OF SERVICE of Defendant URS Corporation's First Request for Production of Documents and Second Set of Interrogatories Directed to Plaintiff Donald M. Durkin Contracting, Inc. by URS Corporation.(Green, James)
May 10, 2006 Filing 139 REPLY BRIEF re #136 MOTION for Reconsideration re #132 Memorandum and Order, filed by Federal Insurance Company. (Goldstein, Kevin)
May 9, 2006 Opinion or Order Filing 138 ORDER resolving the discovery dispute issues. Signed by Judge Gregory M. Sleet on 5/9/06. (asw )
May 3, 2006 Filing 137 ANSWERING BRIEF in Opposition re #136 MOTION for Reconsideration re #132 Memorandum and Order, filed by Jerry Clifton, Karl G. Kalbacher, David J. Athey, Frank J. Osborne, Jr, Christina Rewa, URS Corporation, City of Newark, Harold F. Godwin, John H. Farrell, IV.Reply Brief due date per Local Rules is 5/10/2006. (Attachments: #1 Exhibit Exhibit A#2 Exhibit Exhibit B#3 Certificate of Service)(Cottrell, Paul)
April 19, 2006 Filing 136 MOTION for Reconsideration re #132 Memorandum and Order, - filed by Federal Insurance Company. (Attachments: #1 Text of Proposed Order #2 Opening Brief in Support of Motion for Reconsideration and Reargument#3 Appendix in Support of Motion for Reconsideration and Reargument)(Goldstein, Kevin)
April 7, 2006 Filing 135 STENO NOTES of Telephone Conference held on 3/28/06 before Judge Sleet. Court Reporter: Kevin Maurer. (Notes on file in Clerk's Office) (asw )
April 7, 2006 Opinion or Order Filing 134 MEMORANDUM AND ORDER directing the City of Newark to submit the disputed documents for 'in camera' review. Signed by Judge Gregory M. Sleet on 4/7/06. (asw )
April 7, 2006 Opinion or Order Filing 133 ORDER re #131 Letter SHALL BE STRICKEN, and the parties shall refrain from making further requests of the type submitted on March 16, 2006 #125 Letter. Signed by Judge Gregory M. Sleet on 4/7/06. (asw )
April 5, 2006 Opinion or Order Filing 132 MEMORANDUM AND ORDER denying #122 MOTION for Summary Judgment filed by Federal Insurance Company, and denying #100 MOTION to Dismiss Based upon Promotion of Judicial Economy and Control of Court's Docket filed by URS Corporation . Signed by Judge Gregory M. Sleet on 4/5/06. (asw )
April 5, 2006 Filing 131 Letter to The Honorable Gregory M. Sleet from Paul Cottrell, Esquire regarding Oral Arguments Request - re #129 Reply Brief, #126 Answering Brief in Opposition,, #122 MOTION for Summary Judgment. (Cottrell, Paul)
April 5, 2006 Filing 130 Letter to The Hon. Gregory M. Sleet from James S. Green regarding Motion to Dismiss Third Party Complaint Against URS - re #100 MOTION to Dismiss Based upon Promotion of Judicial Economy and Control of Court's Docket. (Green, James)
March 31, 2006 Filing 129 REPLY BRIEF re #122 MOTION for Summary Judgment filed by Federal Insurance Company. (Attachments: #1 Appendix for Reply Brief in Support of Motion for Summary Judgment)(Goldstein, Kevin)
March 28, 2006 Opinion or Order ORAL ORDER granting #128 Motion to Compel as discussed in today's teleconference. Signed by Judge Gregory M. Sleet on 3/28/06. (asw )
March 28, 2006 Minute Entry for proceedings held before Judge Gregory M. Sleet : Telephone Conference Re: Discovery held on 3/28/2006. The Court discussed the parties' letter submissions regarding deposition testimony of an expert witness. The Court granted D.I. 128, Motion to Compel. The Court also discussed with counsel the procedure for requesting discovery teleconferences. Counsel shall refer to the Court's website for guidance on this matter. (Court Reporter Kevin Maurer.) (asw, )
March 27, 2006 Filing 128 MOTION to Compel Deposition of 30(b)(6) Representative - filed by Federal Insurance Company. (Goldstein, Kevin)
March 24, 2006 Filing 127 APPENDIX re #126 Answering Brief in Opposition, by Jerry Clifton, Karl G. Kalbacher, David J. Athey, Frank J. Osborne, Jr, Christina Rewa, City of Newark, Harold F. Godwin, John H. Farrell, IV. (Attachments: #1 Certificate of Service)(Cottrell, Paul)
March 24, 2006 Filing 126 ANSWERING BRIEF in Opposition re #122 MOTION for Summary Judgment filed by Jerry Clifton, Karl G. Kalbacher, David J. Athey, Frank J. Osborne, Jr, Christina Rewa, City of Newark, Harold F. Godwin, John H. Farrell, IV.Reply Brief due date per Local Rules is 3/31/2006. (Attachments: #1 Appendix #2 Certificate of Service)(Cottrell, Paul)
March 24, 2006 Filing 125 Letter to Judge Sleet (dated and filed on 3/16/06) from Paul Logan, Esq. requesting the Court's decision on the production of additional documents. (asw )
March 23, 2006 Filing 124 Letter to Honorable Gregory M. Sleet from David M. Burkholder, Esq. advising the court that the discovery dispute has been resolved - re #123 MOTION for Discovery to Compel Deposition. (mmm)
March 21, 2006 Filing 123 MOTION for Discovery to Compel Deposition - filed by Federal Insurance Company. (Goldstein, Kevin)
March 14, 2006 Filing 122 MOTION for Summary Judgment - filed by Federal Insurance Company. (Attachments: #1 Opening Brief in Support#2 Appendix in Support of Motion for Summary Judgment)(Goldstein, Kevin)
February 15, 2006 Filing 121 TRANSCRIPT of Telephone Conference held on January 12, 2006 before Judge Gregory M. Sleet. Court Reporter: Kevin Maurer. (Transcript on file in Clerk's Office) (mmm) (mdb).
February 7, 2006 Filing 120 NOTICE OF SERVICE of Third Request for Production of Documents of Third-Party Defendant, Federal Insurance Company, Directed to Defendant, City of Newark by Federal Insurance Company.(Goldstein, Kevin)
February 7, 2006 Filing 119 NOTICE OF SERVICE of Second Request for Production of Documents of Third-Party Defendant, Federal Insurance Company, Directed to Third-Party Defendant, URS Corporation by Federal Insurance Company.(Goldstein, Kevin)
February 6, 2006 Opinion or Order SO ORDERED, re #118 Letter MOTION for Extension of Time to File Dispositive Motion by Federal Insurance Company filed by Federal Insurance Company . Ordered by Judge Gregory M. Sleet on 2/6/06. (asw )
February 5, 2006 Filing 118 Letter MOTION for Extension of Time to File Dispositive Motion by Federal Insurance Company - filed by Federal Insurance Company. (Attachments: #1 Stipulation)(Goldstein, Kevin)
January 31, 2006 Opinion or Order SO ORDERED, re #115 STIPULATION TO EXTEND TIME to extend fact discovery cut-off to June 30, 2006 filed by City of Newark, Harold F. Godwin, John H. Farrell, IV, Karl G. Kalbacher, David J. Athey, Christina Rewa, Jerry Clifton, Frank J. Osborne, Jr. ORDER resetting Deadlines: Discovery due by 6/30/2006. AS A RESULT OF THIS EXTENSION, THE COURT WILL NOT ALLOW CASE DISPOSITIVE MOTIONS PRACTICE. Ordered by Judge Gregory M. Sleet on 1/31/06. (asw )
January 27, 2006 Filing 117 STENO NOTES of Teleconference held on 1/12/06 before Judge Sleet. Court Reporter: Kevin Maurer. (Notes on file in Clerk's Office) (asw )
January 27, 2006 Filing 116 Letter to the Honorable Gregory M. Sleet from Paul Cottrell, Esquire regarding explanation for discovery extension - re #115 STIPULATION TO EXTEND TIME to extend fact discovery cut-off to June 30, 2006. (Cottrell, Paul)
January 27, 2006 Filing 115 STIPULATION TO EXTEND TIME to extend fact discovery cut-off to June 30, 2006 - filed by Jerry Clifton, Karl G. Kalbacher, David J. Athey, Frank J. Osborne, Jr, Christina Rewa, City of Newark, Harold F. Godwin, John H. Farrell, IV. (Cottrell, Paul)
January 26, 2006 Remark: Please note that D.I. 110, Letter Answering brief should be linked to D.I. 113, Letter Opening brief. (asw )
January 25, 2006 Filing 114 REPLY BRIEF re: D.I. 110, Letter Answering Brief filed by Paul Logan, Esq. for Donald M. Durkin Contracting, Inc. (asw )
January 25, 2006 Filing 112 NOTICE OF SERVICE of Notice of Deposition Pursuant to Fed. R. Civ. P. 30(b)(6) Directed To The City Of Newark by Federal Insurance Company.(Goldstein, Kevin)
January 24, 2006 Filing 111 NOTICE OF SERVICE of Second Set of Interrogatories and Requests for Production by Jerry Clifton, Karl G. Kalbacher, David J. Athey, Frank J. Osborne, Jr, Christina Rewa, City of Newark, Harold F. Godwin, John H. Farrell, IV.(Cottrell, Paul)
January 23, 2006 Filing 110 Letter ANSWERING BRIEF in Opposition of Plaintiff's Brief Seeking Executive Session Minutes filed by Jerry Clifton, Karl G. Kalbacher, David J. Athey, Frank J. Osborne, Jr, Christina Rewa, City of Newark, Harold F. Godwin, John H. Farrell, IV.Reply Brief due date per Local Rules is 1/30/2006. (Cottrell, Paul)
January 20, 2006 Filing 109 NOTICE of Deposition Directed to Federal Insurance Company by Jerry Clifton, Karl G. Kalbacher, David J. Athey, Frank J. Osborne, Jr, Christina Rewa, City of Newark, Harold F. Godwin, John H. Farrell, IV (Attachments: #1 Certificate of Service)(Cottrell, Paul)
January 17, 2006 Filing 113 LETTER OPENING BRIEF re: discovery as discussed at the Teleconference held on 1/12/06. filed by David T. Bolger, Esq. for Donald M. Durkin Contracting, Inc. (asw )
January 12, 2006 Minute Entry for proceedings held before Judge Gregory M. Sleet : Telephone Conference Re: Discovery held on 1/12/2006. Discussion on bulleted issues submitted by the parties in the agenda letter. The Court will allow briefing (with appropriate citations) on state and federal authority. The Court will issue an Oral Order setting the briefing schedule. (Court Reporter Kevin Maurer.) (asw )
January 12, 2006 Opinion or Order ORAL ORDER setting briefing schedule as follows: Opening Brief due 1/17/2006. Answering Brief due 1/20/2006. Reply Brief due 1/25/2006. [BRIEFING SHALL NOT EXCEED MORE THAN TWO PAGES]Ordered by Judge Gregory M. Sleet (during Discovery Teleconference) on 1/12/06. (asw )
January 10, 2006 Filing 108 Letter to Judge Sleet from David Bolger, Esq. on behalf of the parties regarding Agenda for Discovery Teleconference scheduled for 1/12/06 at 10:00 AM.. (asw )
January 10, 2006 Filing 106 MEMORANDUM in Support re #100 MOTION to Dismiss Based upon Promotion of Judicial Economy and Control of Court's Docket filed by Donald M. Durkin Contracting, Inc.(mmm)
January 10, 2006 Opinion or Order Filing 105 ORDER SETTING DISCOVERY TELECONFERENCE: A discovery teleconference (see attachment) has been set for Thursday, 1/12/2006, at 10:00 AM with Honorable Gregory M. Sleet. In accordance with the Scheduling Order, a joint letter agenda (a sample can be found on the court's website) shall be filed not less than forty-eight hours prior to the conference. Signed by Judge Gregory M. Sleet on 1/10/06. (ctd)
January 9, 2006 Filing 107 NOTICE of Service re the Response for Production of Documents of Donald M. Durkin Contracting, Inc. directed to the defendants by City of Newark, et al. (asw )
January 3, 2006 Filing 104 Letter to The Honorable Gregory M. Sleet from James S. Green, Sr., Esq. regarding Waive Reply Brief/Request Scheduling of Oral Argument Pursuant to Local Rule 7.1.4 - re #100 MOTION to Dismiss Based upon Promotion of Judicial Economy and Control of Court's Docket, #101 Opening Brief in Support. (Green, James)
December 20, 2005 Filing 103 ANSWERING BRIEF in Opposition To URS Corporation, Inc.'s Motion To Dismiss, Or, In The Alternative, Stay Third-Party Complaint filed by City of Newark, City of Newark.Reply Brief due date per Local Rules is 12/28/2005. (Attachments: #1 Text of Proposed Order)(Petrone, Victoria)
December 16, 2005 Filing 102 NOTICE of Appearance by Kevin W. Goldstein on behalf of Federal Insurance Company (Goldstein, Kevin)
December 6, 2005 Filing 101 OPENING BRIEF in Support of Motion to Dismiss or, In the Alternative, Stay Third-Party Complaint filed by URS Corporation.Answering Brief/Response due date per Local Rules is 12/20/2005. (Green, James)
December 6, 2005 Filing 100 MOTION to Dismiss Based upon Promotion of Judicial Economy and Control of Court's Docket - filed by URS Corporation. (Green, James)
November 21, 2005 Filing 99 SUMMONS Returned Executed by City of Newark, Harold F. Godwin, John H. Farrell, IV, Jerry Clifton, Karl G. Kalbacher, David J. Athey, Frank J. Osborne, Jr, Christina Rewa. URS Corporation served on 11/15/2005, answer due 12/5/2005. (Petrone, Victoria)
November 15, 2005 Third Party Summons Issued as to URS Corporation on 11/15/2005. (rbe, )
October 7, 2005 Filing 98 THIRD PARTY COMPLAINT of Defendant City of Newark against URS Corporation- filed by Jerry Clifton, Karl G. Kalbacher, David J. Athey, Frank J. Osborne, Jr, Christina Rewa, City of Newark, Harold F. Godwin, John H. Farrell, IV. (Attachments: #1 Certificate of Service)(Petrone, Victoria)
October 7, 2005 Opinion or Order SO ORDERED, re #97 Proposed Order filed by Donald M. Durkin Contracting, Inc., ORDER, Setting Scheduling Order Deadlines: Pretrial Conference set for 9/5/2006 10:00 AM in Chambers before Honorable Gregory M. Sleet. Amended Pleadings due by 11/7/2005. Fact Discovery due by 2/28/2006. All Expert Discovery due by 6/30/06; Initial expert reports due 4/28/06. Joinder of Parties due by 11/7/2005. Dispositive Motions due by 3/14/2006. Motions in Limine due by 8/14/2006. Final Pretrial Order due by 8/14/2006. 10-day Jury Trial set for 9/25/2006 at 09:00 AM in Courtroom 4A before Honorable Gregory M. Sleet. Signed by Judge Gregory M. Sleet on 10/7/05. (asw, )
September 28, 2005 Filing 97 MODIFIED PROPOSED SCHEDULING ORDER filed by Donald M. Durkin Contracting, Inc. (Attachments: #1 Letter)(asw )
September 28, 2005 Filing 96 TRANSCRIPT of Scheduling Conference held on 9/8/05 before Judge Sleet. Court Reporter: Kevin Maurer. (Transcript on file in Clerk's Office) (asw )
September 23, 2005 Filing 95 STENO NOTES of Scheduling Conference held on 9/8/05 before Judge Sleet. Court Reporter: Kevin Maurer. (Notes on file in Clerk's Office) (asw )
September 12, 2005 Opinion or Order Filing 94 ORDER denying as moot [5-1] Motion for Preliminary Injunction, denying as moot [5-2] Motion for Declaratory Judgment . Signed by Judge Gregory M. Sleet on 9/12/05. (asw )
September 8, 2005 Filing 93 STIPULATION of Voluntary Dismissal without prejudice dismissing the Defendant, URS from this action, filed by the parties during the Scheduling Conference on 9/8/05. (asw )
September 8, 2005 Minute Entry for proceedings held before Judge Gregory M. Sleet : Scheduling Conference held on 9/8/2005. Discovery Cutoff - TBD, Case Dispositive Motions - TBD (due two weeks after close of fact discovery; Pretrial Order due 8/14/06; Pretrial Conference - 9/5/06 at 10:00 AM; 10-day Jury Trial on 9/25/06 at 9:00 AM. Plaintiff's counsel shall prepare and file a proposed scheduling order with the court by 9/15/05. The parties filed a Stipulation of Voluntary Dismissal dismissing the Defendant, URS from the complaint. (Court Reporter Kevin Maurer.) (asw )
August 29, 2005 Filing 92 JOINT STATUS REPORT. (mmm)
July 29, 2005 Opinion or Order Filing 91 ORDER denying #89 Motion for Protective Order . Signed by Judge Gregory M. Sleet on 7/29/05. (asw )
July 25, 2005 Filing 90 ANSWERING BRIEF re #89 MOTION for Protective Order filed by Donald M. Durkin Contracting, Inc.Reply Brief due date per Local Rules is 8/1/2005. (Attachments: #1 Affidavit #2 Affidavit)(asw )
July 14, 2005 Filing 89 MOTION for Protective Order - filed by City of Newark. (Attachments: #1 Text of Proposed Order #2 Protective Order#3 Exhibit A#4 Exhibit B#5 Exhibit C#6 Exhibit D#7 Exhibit E#8 Exhibit F#9 Exhibit G#10 Exhibit H#11 Exhibit I#12 Certificate of Service)(Petrone, Victoria)
April 29, 2005 Filing 88 Letter to the Clerk from David M. Burkholder, Esq. informing the Court of the change of address for his Law Firm - Delaware Office (Stradley, Ronon, Steves & Young, LLP. (asw )
February 4, 2005 Filing 87 NOTICE of Service of URS Corporation's Interrogatories directed to Plaintiff Donald M. Durkin Contracting, Inc. (mmm)
February 4, 2005 Filing 86 NOTICE of Service of Defendant URS Corporation's Interrogatories directed to Third-Party Defendant Federal Insurance Company. (mmm)
January 31, 2005 Filing 85 TRANSCRIPT filed for telephone conference on 1/12/05 (asw)
January 27, 2005 Filing 84 NOTICE OF SERVICE by City of Newark re: First Set of Interrogatories Directed to Third-Party Defendant and First Request for the Production of Documents (asw)
January 27, 2005 Filing 83 NOTICE OF SERVICE by City of Newark re: First Set of Interrogatories Directed to Plaintiff and First Request for the Production of Documents Directed to Plaintiff (asw)
January 24, 2005 Filing 82 Letter from Judge Gregory M. Sleet to counsel re mediator information. Copies mailed to counsel on 1/24/05 (CT-D). (mmm)
January 20, 2005 Filing 81 Steno Notes for 1/12/05 telephone conference before Judge Gregory M. Sleet. Court Reporter: Kevin Maurer (mmm)
January 20, 2005 Filing 80 Steno Notes for 1/19/05 telephone conference before Judge Gregory M. Sleet. Court Reporter: Kevin Maurer (mmm)
January 19, 2005 Telephone conference re: Status held; Judge Sleet presiding; Crt. Rptr, K. Maurer; Discussion on the availability of outside Mediator; Court will send a letter providing counsel with the Mediator's contact information; Counsel shall submit a written report within two (2) days after the Mediation conference; Court will schedule another Telephone Conference after the submission of counsel's written report (asw)
January 12, 2005 Filing 79 NOTICE of Scheduling further status telephone conference for 1/19/05 at 2:00 p.m. before Judge Gregory M. Sleet. (mmm)
January 12, 2005 Telephone conference re: Status/Discovery matters held; Judge Sleet presiding; Crt Rptr, K, Maurer; Discussion on items listed in the Joint Agenda; Discussion regarding Proposed Amended Scheduling Order; Discussion regarding an additional attempt to mediate this matter; Court will hold a teleconference re: Status of outside Mediator on 1/19/05 at 2:00 p.m.; Notice to counsel (asw)
January 12, 2005 Deadline updated; set Telephone Conference re: Status for 2:00 p.m. on 1/19/05 (asw)
January 7, 2005 Filing 78 Joint Agenda Letter to Judge Sleet from Patrick R. Kingsley, Esq. on behalf of the parties (asw)
January 4, 2005 Filing 77 Letter to Judge Sleet from Patrick R. Kingsley, Esq. confirming that the telephone conference originally scheduled on 1/12/05 at 2:00 p.m. has been changed to 1/12/05 at 9:00 a.m. (asw)
December 30, 2004 Filing 76 Letter dated 12/29/04 (received by the court on 12/30/04) to Judge Sleet from Paul Logan, Esq. enclosing a copy of the 12/21/04 letter; and enclosure of the 12/21/04 letter in .pdf format on a 3.5" disk (asw) Modified on 12/30/2004
December 30, 2004 Filing 75 Letter dated 12/21/04 (received on 12/30/04) to Judge Sleet from Paul Logan, Esq. providing the Court with a report of the results of the mediation among the parties held on 11/30/04 and 12/1/04 AND to request that the 9/23/04 scheduling order be amended (asw)
November 18, 2004 Filing 74 NOTICE of Service by City of Newark (mmm)
November 18, 2004 Filing 73 NOTICE of Service by City of Newark. (mmm)
October 25, 2004 Filing 72 Letter to Judge Sleet from Paul A. Logan, Esq. on behalf of all parties informing the court that private mediation has been agreed upon and is scheduled for 11/30/04 and 12/1/04 (asw)
October 19, 2004 Filing 71 NOTICE OF SERVICE by URS Corporation Responses to Third-Party Defendant Federal Insurance Company's Second Request for Production of Documents (asw)
September 27, 2004 Opinion or Order Filing 70 ORDER that a teleconference has been scheduled for 10/19/04 at 9:30 a.m. with Magistrate Judge Thynge to discuss the scheduling of, the procedures involved and the types of alternative dispute resolutions available, including mediation conference ( signed by Judge Gregory M. Sleet ) copies to: Counsel (asw)
September 23, 2004 Opinion or Order So Ordered [68-1] proposed order ( signed by Judge Gregory M. Sleet ) Notice to all parties. (mmm)
September 17, 2004 Filing 69 **Terminated attorney James W. Semple for URS Corporation Notice of attorney appearance for URS Corporation by James S. Green, Esq. of the firm of Seitz, Van Ogtrop & Green, P.A. (asw)
September 14, 2004 Opinion or Order So Ordered granting [65-1] motion for Frank S. Nofer, Esq. to Appear Pro Hac Vice ( signed by Judge Gregory M. Sleet ) Notice to all parties. (asw)
September 13, 2004 Filing 67 Letter to Judge Sleet from Paul A. Logan, Esq. enclosing the Proposed Scheduling Order and requesting modification of such scheduling order should the parties reach an agreement with regard to mediation; the parties will advise the court of the mediation once a date is confirmed (asw)
September 10, 2004 Filing 68 Proposed Scheduling Order filed (asw)
September 10, 2004 Filing 66 TRANSCRIPT filed re: Scheduling conference on 9/3/04 at 11:00 a.m.; Crt. Rptr., B. Gaffigan 9/3/04 at 11:00 a.m. (asw)
September 8, 2004 Filing 65 MOTION by Durkin Contracting for Frank S. Nofer, Esq. to Appear Pro Hac Vice (asw)
September 3, 2004 Filing 64 Steno Notes for Scheduling Conference held on 9/3/04 at 11:00 a.m. (asw)
September 3, 2004 Deadline updated; set Scheduling Order Deadlines: Discovery deadline on 3/14/05 Pretrial conference by 10:00 a.m. on 9/8/05 10-day Jury Trial Date Deadline at 9:00 a.m. on 9/19/05 Proposed Pretrial Order due on or before 8/17/05 (asw)
September 3, 2004 Scheduling conference held; Judge Sleet presiding; Crt. Rptr., B. Gaffigan, Counsel argues re: Bid Submission; 10-day Jury Trial - 9/19/05 at 9:00 a.m.; Pretrial Conference on 9/8/05 at 10:00 a.m.; Discovery Cutoff - 3/14/05; Expert Discovery - 6/17/05; Rebuttal - 4/2/05; Counsel to prepare and submit scheduling order by 9/13/04; Defendant would like to mediate but Plaintiff would not; Counsel has already selected a Mediator (outside of the court), if needed (asw)
September 2, 2004 Opinion or Order Filing 63 ORDER denying Plaintiff's [36-1] motion for Partial Summary Judgment ( signed by Judge Gregory M. Sleet ) copies to: Counsel (asw)
August 27, 2004 Filing 62 Letter (by fax) to Judge Sleet from Paul A. Logan, Esq. informing the court that counsel agrees with the proposed discovery period and anticipated length of trial (asw)
August 27, 2004 Filing 61 JOINT STATUS REPORT filed (asw)
August 19, 2004 Filing 58 Letter dtd. 8/18/04 from Donna R. Pierson, Paralegal to Paul A. Logan re forwarding the orig. rply br. which was filed by pltf. and in error was sent back to our office by the Clerk's office (ljj)
August 18, 2004 Filing 59 Letter from Paul Logan, Esq. re: the substituted exhibit for Tab B of the Appendix to Reply Brief of the Plaintiff in Support of Motion for Partial Summary Judgment (asw)
August 18, 2004 Opinion or Order So Ordered granting [48-1] stipulation extending time for any and all responses to the reply br. of the City of Newark, et al, shall be extended to 8/13/04( signed by Judge Gregory M. Sleet ) Notice to all parties. (ljj)
August 17, 2004 Filing 60 Letter to Judge Sleet from Paul Logan, Esq. re: substitution of Tab B in Appendix to reply brief of Plaintiff enclosing the corrected specification (2nd of 2 letters submitted on 8/17/04) (asw)
August 17, 2004 Filing 57 faxed copy of a LETTER to the Court from Paul A. Logan re: a copy of the wrong specification was included at tab B in the appendix to Reply Brf. to Donald M. Durkin Contracting Inc. in supp. of Motion for Partial Sum. Jgm. Please accept the encls. as a substitute. (afb)
August 13, 2004 Filing 56 Reply Brief Filed by Federal Insurance Co in supp. of Donald M. Durkin, Inc.'s [36-1] motion for Partial Summary Judgment (afb)
August 13, 2004 Filing 55 LETTER to Court from David M. Burkholder re: encl. docs. for filings (DI #56). (afb)
August 13, 2004 Filing 54 LETTER to Court from Paul A. Logan re: encl. courtesy copies of DI #52. (afb)
August 13, 2004 Filing 53 Appendix to Brief Filed by Durkin Contracting Appending [52-1] reply brief (afb)
August 13, 2004 Filing 52 Reply Brief Filed by Durkin Contracting in supp. of [36-1] motion for Partial Summary Judgment (afb)
August 13, 2004 Filing 51 LETTER to the Court from Paul A. Logan re: encl. docs. for filing (DI #51 and #52). (afb)
August 12, 2004 Filing 50 Letter to the Clerk from David M. Burkholder, Esq. informing the court that their firm's Delaware office address has changed (asw)
August 11, 2004 Filing 49 TRANSCRIPT filed for telephone conference on 8/3/04 at 10:00 a.m. (asw)
August 5, 2004 Filing 48 CONSENT STIPULATION with proposed order to Extend Time to 8/13/04 for the Defendants to file an answer to the reply brief (asw)
August 3, 2004 Telephone conference held; Judge Sleet presiding; Crt. Rptr. K. Maurer; Discussion regarding mediating this matter; Defendants' counsel stated that there are additional damages and fees incurred which have been disputed; Court suggests that counsel will have to resolve this matter on their own; Plaintiff's counsel requests an extension of time to file a reply by 8/13/04; Counsel will file a stipulation to extend time (asw)
August 3, 2004 Filing 47 Steno Notes for Teleconference on 8/3/04 at 10:00 a.m. (asw)
July 26, 2004 Filing 46 Appendix B to Answering Brief Filed by City of Newark Appending D.I. [45-1] (lg)
July 26, 2004 Filing 45 Answer Brief Filed by City of Newark [36-1] motion for Partial Summary Judgment - Reply Brief due 8/2/04 (lg)
July 26, 2004 Filing 44 TRANSCRIPT filed for dates of 7/12/04 teleconference (lg)
July 23, 2004 Filing 43 Letter from Paul A. Logan, Esq. to Judge Sleet to advise that it is Durkin's request that the telephone status conf on 8/3/04 at 10:00 a.m. proceed at that time as scheduled (lg)
July 20, 2004 Opinion or Order So Ordered granting [41-1] stipulation ( signed by Judge Gregory M. Sleet ) Notice to all parties. (asw)
July 19, 2004 Filing 42 NOTICE of Scheduling that the court has tentatively set a status telephone conference on 8/3/04 at 10:00 a.m., a status and scheduling conference has been set for 9/3/04 at 11:00 a.m.; counsel shall file a joint status report on or before 8/27/04 (asw)
July 16, 2004 Filing 41 STIPULATION with proposed order to Extend Time to 7/26/04 for the Defendants to file an answer to the Plaintiff's Partial Motion for Summary Judgment and to Extend Time to 8/6/04 for the Plaintiff's to file a reply (asw)
July 13, 2004 Filing 40 Steno Notes for Teleconference on 7/12/04 (asw)
July 12, 2004 Opinion or Order So Ordered granting [33-1] stipulation ( signed by Judge Gregory M. Sleet ) Notice to all parties. (asw)
July 12, 2004 Telephone Status conference held; Judge Sleet presiding; Crt. Rptr. K. Maurer; Court discussed exchange of Initial Disclosures and Durkin's Motion for Partial Summary Judgment; Court referred this case to Mediation; Counsel suggested the use of a private Mediator; Court will not order a stay of briefing; Court will hold another Status Teleconference (tentatively) on 8/3/04 at 10:00 a.m.; Counsel will contact the court by letter to inform the court of the status of the case; Scheduling Conference set for 9/3/04 at 11:00 a.m. (asw)
July 12, 2004 Deadline updated; set Scheduling Conference for 11:00 a.m. on 9/3/04 (asw)
July 1, 2004 Filing 39 NOTICE of Scheduling that the court will hold a status/scheduling telephone conference on 7/12/04 at 10:00 a.m.; Copies to counsel (asw)
June 29, 2004 Filing 38 Appendix to Brief Filed by Durkin Contracting Appending [37-1] opening brief (asw)
June 29, 2004 Filing 37 Opening Brief Filed by Durkin Contracting [36-1] motion for Partial Summary Judgment - Answer Brief due 7/13/04 (asw)
June 29, 2004 Filing 36 MOTION by Durkin Contracting with Proposed Order for Partial Summary Judgment Answer Brief due 7/13/04 re: [36-1] motion (asw)
June 29, 2004 Filing 35 NOTICE OF SERVICE by URS Corporation re: Defendant's URS Corp.'s Initial Disclosures (asw)
June 11, 2004 Filing 34 ANSWER by Federal Insurance (Attorney, Sheela P. Dattani, Esq.) to [7-1] third-party complaint (asw)
June 3, 2004 Filing 33 PROPOED STIPULATION AND INITIAL SCHEDULING ORDER (asw)
May 26, 2004 Status Telephone conference held; Judge Sleet presiding; Crt. Rptr. V. Gunning; On the issue of "notice" : Motion for Summary Judgment filed and briefed by counsel on expedited schedule; Court will rule on motion on expedited basis once briefing is complete; Court will determine if oral argument/Hearing is needed once briefing is complete; Mediation: Benze (PA) or Goldberg (MD) be appointed as Mediators (when case is ready for Mediation) w/possible review expert engineer) to assist the mediator; counsel to file a stipulated briefing schedule for the motion (expedited briefing) due Thursday, 6/3/04 (asw)
May 21, 2004 Filing 32 Letter from cnsl for the Pltf to Judge Sleet to confirm the 5/26/04 T/C (lg)
May 20, 2004 Filing 31 Letter to Judge Sleet from Paul Logan, Esq. confirming that a conference call has been arranged for 5/26/04 at 3:00 p.m. (asw)
May 14, 2004 Filing 30 MOTION by Federal Insurance Co with Proposed Order for Samuel J. Arena, Jr., Patrick R. Kingsley and David M. Burkholder to Appear Pro Hac Vice (lg)
May 14, 2004 Opinion or Order So Ordered granting [30-1] motion for Samuel J. Arena, Jr., Patrick R. Kingsley and David M. Burkholder to Appear Pro Hac Vice ( signed by Judge Gregory M. Sleet ) Notice to all parties. (lg)
May 13, 2004 Filing 29 Letter from cnsl for the City of Newark to oppose Pltf's request for evidentiary hearing as to Count I of its Complaint for Violation of Substantive and Procedural Due Process (lg)
May 11, 2004 Opinion or Order So Ordered granting [27-1] stipulation ( signed by Judge Gregory M. Sleet ) Notice to all parties. (asw)
May 10, 2004 Filing 28 Letter to Judge Sleet from counsel for URS Corp to join in the 5/6/04 letter sent by counsel for the City of Newark in opposition to Plaintiff's request for Evidentiary Hearing (asw)
May 10, 2004 Filing 27 STIPULATION FOR EXTENSION OF TIME with proposed order for the Third-Party Defendant to respond to the Third-Party Complaint of Third-Party Plaintiff on or before 6/11/04 (asw)
May 10, 2004 Opinion or Order So Ordered granting [26-1] motion for David T. Bolger, Esq. to Appear Pro Hac Vice ( signed by Judge Gregory M. Sleet ) Notice to all parties. (asw)
May 7, 2004 Filing 26 MOTION by Durkin Contracting with Proposed Order for David T. Bolger, Esq. to Appear Pro Hac Vice (asw)
May 6, 2004 Filing 25 Letter to Judge Sleet from Plaintiff's counsel requesting that the court schedule an Evidentiary Hearing on an expedited basis (in connection with the Motion for Preliminary Injunctive Relief filed on behalf of Durkin) (asw)
April 27, 2004 Filing 24 (JOINT) Appendix B to Brief Filed by City of Newark, URS Corporation Appending [22-1] answer brief, [21-1] answer brief (as D.I. 23 previosuly filed was not a full Joint Appendix) (lg)
April 26, 2004 Filing 23 Appendix to Brief Filed by URS Corporation Appending [22-1] answer brief (lg)
April 26, 2004 Filing 22 Answering Brief Filed by URS Corporation [5-1] motion for Preliminary and Permanent Injunctive Relief, [5-2] motion and for Declaratory Judgment (lg)
April 26, 2004 Filing 21 Answering Brief Filed by City of Newark [5-1] motion for Preliminary and Permanent Injunctive Relief - Reply Brief due 5/3/04, [5-2] motion and for Declaratory Judgment - Reply Brief due 5/3/04 (lg)
April 26, 2004 Filing 20 ANSWER to Complaint by URS Corporation (Attorney James W. Semple), (lg)
April 26, 2004 Opinion or Order So Ordered granting [19-1] stipulation ( signed by Judge Gregory M. Sleet ) Notice to all parties. (asw)
April 21, 2004 Deadline updated; reset Answer Brief Deadline to 4/26/04 re: [5-1] motion for Preliminary and Permanent Injunctive Relief, 4/26/04 re: [5-2] motion and for Declaratory Judgment (asw)
April 21, 2004 Filing 19 CONSENT STIPULATION with proposed order Extending Time to 4/26/04 for Defendants to file and answer to the Motion for Preliminary and Permanent Injunctive Relief and Declaratory Judgment Relief (asw)
April 19, 2004 Filing 18 RETURN OF SERVICE executed 4/15/04 for Federal Insurance Company (lg)
April 16, 2004 Filing 17 RETURN OF SERVICE executed as to Christina Rewa 3/22/04 Answer due on 4/12/04 for Christina Rewa (lg)
April 16, 2004 Filing 16 RETURN OF SERVICE executed as to City of Newark 3/22/04 Answer due on 4/12/04 for City of Newark (lg)
April 16, 2004 Filing 15 RETURN OF SERVICE executed as to Karl G. Kalbacher 3/22/04 Answer due on 4/12/04 for Karl G. Kalbacher (lg)
April 16, 2004 Filing 14 RETURN OF SERVICE executed as to John H. Farrell IV 3/22/04 Answer due on 4/12/04 for John H. Farrell IV (lg)
April 16, 2004 Filing 13 RETURN OF SERVICE executed as to Frank J. Osborne Jr. 3/22/04 Answer due on 4/12/04 for Frank J. Osborne Jr. (lg)
April 16, 2004 Filing 12 RETURN OF SERVICE executed as to David J. Athey 3/22/04 Answer due on 4/12/04 for David J. Athey (lg)
April 16, 2004 Filing 11 RETURN OF SERVICE executed as to Jerry Clifton 3/22/04 Answer due on 4/12/04 for Jerry Clifton (lg)
April 16, 2004 Filing 10 RETURN OF SERVICE executed as to Harold F. Godwin 3/22/04 Answer due on 4/12/04 for Harold F. Godwin (lg)
April 16, 2004 Filing 9 RETURN OF SERVICE executed as to URS Corporation 4/5/04 Answer due on 4/26/04 for URS Corporation (lg)
April 13, 2004 Filing 8 ORIGINAL CERTIFICATE OF SERVICE by City of Newark, Harold F. Godwin, John H. Farrell IV, Jerry Clifton, Karl G. Kalbacher, David J. Athey, Frank J. Osborne Jr. for the Answer, Counterclaim and Third Party Complaint (lg)
April 12, 2004 Filing 7 THIRD-PARTY COMPLAINT by City of Newark, Harold F. Godwin, John H. Farrell IV, Jerry Clifton, Karl G. Kalbacher, David J. Athey, Frank J. Osborne Jr., Christina Rewa against Durkin Contracting, Federal Insurance (lg)
April 12, 2004 Filing 7 THIRD-PARTY COMPLAINT by Federal Insurance Co against Durkin Contracting (lg)
April 12, 2004 THRID PARTY SUMMONS issued for URS Corporation (Federal Insurance Company) copies to: cnsl (lg)
April 8, 2004 Filing 4 Letter to the Clerk informing the court of an address change for the office of Victoria K. Petrone, Esq. at Tighe, Cottrell & Logan, P.A. (asw)
April 7, 2004 Filing 6 Opening Brief Filed by Durkin Contracting in support of [5-1] motion for Preliminary and Permanent Injunctive Relief, [5-2] motion and for Declaratory Judgment - Answer Brief due 4/21/04 (asw)
April 7, 2004 Filing 5 MOTION by Durkin Contracting for Preliminary and Permanent Injunctive Relief , and for Declaratory Judgment (asw)
March 26, 2004 Filing 3 NOTICE of attorney appearance for City of Newark, Harold F. Godwin, John H. Farrell IV, Jerry Clifton, Karl G. Kalbacher, David J. Athey, Frank J. Osborne Jr., and Christina Rewa by Paul Cottrell and Victoria Kathryn Petrone (lg)
March 24, 2004 Filing 2 CASE assigned to Judge Gregory M. Sleet . Notice to all parties. (rjb)
March 16, 2004 Filing 1 COMPLAINT filed. Magistrate Consent Notice to Pltf. FILING FEE $ 150.00 RECEIPT # 135879 (bkb)
March 16, 2004 SUMMONS(ES) issued for City of Newark, Harold F. Godwin, John H. Farrell IV, Jerry Clifton, Karl G. Kalbacher, David J. Athey, Frank J. Osborne, Christina Rewa, URS Corporation (bkb)

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Search for this case: Durkin Contracting v. City of Newark, et al
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Plaintiff: Donald M. Durkin Contracting, Inc.
Represented By: Katharine L. Mayer
Represented By: Paul A. Logan
Represented By: Thomas D. Walsh
Represented By: David T. Bolger
Represented By: David G. Culley
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Intervenor plaintiff: St. Paul Fire & Marine Insurance Company
Represented By: William J. Cattie, III
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Defendant: City of Newark
Represented By: Collins J. Seitz, Jr.
Represented By: Paul Cottrell
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Defendant: Mayor Harold F. Godwin
Represented By: Collins J. Seitz, Jr.
Represented By: Paul Cottrell
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Defendant: Council Member John H. Farrell, IV
Represented By: Collins J. Seitz, Jr.
Represented By: Paul Cottrell
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Defendant: Council Member Jerry Clifton
Represented By: Collins J. Seitz, Jr.
Represented By: Paul Cottrell
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Defendant: Council Member Karl G. Kalbacher
Represented By: Collins J. Seitz, Jr.
Represented By: Paul Cottrell
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Defendant: Council Member David J. Athey
Represented By: Collins J. Seitz, Jr.
Represented By: Paul Cottrell
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Defendant: Council Member Frank J. Osborne, Jr.
Represented By: Collins J. Seitz, Jr.
Represented By: Paul Cottrell
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Defendant: Council Member Christina Rewa
Represented By: Collins J. Seitz, Jr.
Represented By: Paul Cottrell
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Defendant: URS Corporation
Represented By: James S. Green
Represented By: James W. Semple
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3rd party plaintiff: Federal Insurance Company
Represented By: Sheela P. Dattani
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