DHL Express (USA), Inc. v. Express Save Industries, Inc.
DHL Express (USA), Inc. |
Express Save Industries, Inc. |
0:2009cv60276 |
February 19, 2009 |
US District Court for the Southern District of Florida |
Contract: Other Office |
Broward |
James I Cohn |
Barry S Seltzer |
Contract: Other |
28 U.S.C. § 1332 Diversity |
Defendant |
Docket Report
This docket was last retrieved on December 7, 2009. A more recent docket listing may be available from PACER.
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Filing 120 NOTICE of Voluntary Dismissal (Joint Voluntary Dismissal With Prejudice of All Claims and Counterclaims) by DHL Express (USA), Inc., Express Save Industries, Inc. (Roman, Ryan) |
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Filing 118 Minute Entry for proceedings held before Judge James I. Cohn: Calendar Call held on 12/3/2009. Parties announced that the case settled. Parties shall submit a Stipulation for Dismissal by 12/7/2009. Court Reporter: Tammy Nestor, Phone: 954-769-5496 (egr) |
Filing 117 RESPONSE to Motion re #104 Renewed MOTION to Strike #25 Answer to Complaint, Counterclaim (Inappropriate Prayer for Relief) MOTION in Limine No. 7 (to Exclude Arguments and Evidence With Respect to Punitive Damages)Renewed MOTION to Strike #25 Answer to Complaint, Counterclaim (Inappropriate Prayer for Relief) MOTION in Limine No. 7 (to Exclude Arguments and Evidence With Respect to Punitive Damages) filed by Express Save Industries, Inc.. Replies due by 12/14/2009. (Roller, K.) |
Filing 116 Plaintiff's MOTION to Strike Previously Undisclosed Damages Calculations ( Responses due by 12/21/2009), Plaintiff's MOTION in Limine No. 8 (to Exclude Arguments and Evidence on Previously Undisclosed Damages Calculations) by DHL Express (USA), Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Roman, Ryan) Modified on 12/4/2009 to restrict Attachment #2 Exhibit B per Order at DE #119 (bb). |
Filing 115 Joint MOTION to Bring Electronic Equipment into the courtroom for Trial by DHL Express (USA), Inc., Express Save Industries, Inc.. Responses due by 12/21/2009 (Attachments: #1 Text of Proposed Order Granting Joint Motion)(Roman, Ryan) |
Filing 114 NOTICE of Filing Discovery: Designations for Carole Stodgell's August 27, 2009 Deposition by DHL Express (USA), Inc.. (Attachments: #1 Deposition Excerpts)(Roman, Ryan) |
Filing 113 NOTICE of Filing Discovery: Designations for Jessica Hulett's August 27, 2009 Deposition by DHL Express (USA), Inc.. (Attachments: #1)(Roman, Ryan) |
Filing 112 JOINT PRETRIAL STIPULATION by DHL Express (USA), Inc., Express Save Industries, Inc.. (Attachments: #1 Exhibit A-1, #2 Exhibit A-2, #3 Exhibit B-1, #4 Exhibit B-2)(Roman, Ryan) Modified text on 12/2/2009 (tas). |
Filing 111 NOTICE by Express Save Industries, Inc. of Wholesale Objectons to DHL Express (USA) Inc.'s Exhibit List (Roller, K.) |
Filing 110 OMNIBUS Opposition to #101 Plaintiff's MOTION in Limine No. 6 (To Exclude Opinions of David Silverman)Plaintiff's MOTION in Limine No. 6 (To Exclude Opinions of David Silverman), #96 Plaintiff's MOTION in Limine No. 1 (To Exclude Evidence Regarding Other Resellers), #100 Plaintiff's MOTION in Limine No. 5 (To Exclude Reference To Consequential Damages), #98 Plaintiff's MOTION in Limine No. 3 (To Exclude Evidence Regarding Dismissed Franchise Claims), #97 Plaintiff's MOTION in Limine No. 2 (To Exclude Evidence Regarding Domestic Shipping By Other Customers Outside Small Business Market)Plaintiff's MOTION in Limine No. 2 (To Exclude Evidence Regarding Domestic Shipping By Other Customers Outside Small Business Market), #99 Plaintiff's MOTION in Limine No. 4 (To Exclude Testimony of Doug Thomas) with Exhibits A-D Attached filed by Express Save Industries, Inc.. (Roller, K.) Modified text on 12/2/2009 (tas). |
Filing 109 NOTICE by DHL Express (USA), Inc., Express Save Industries, Inc. of filing designations of the deposition of Carol Blankfield (Roller, K.) |
Filing 108 NOTICE by DHL Express (USA), Inc., Express Save Industries, Inc. of filing the designations of the deposition of Roger Olguin (Roller, K.) |
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Filing 105 Agreed MOTION for Extension of Time to File Responses to Motions in Limine, Joint Pretrial Stipulation, and Designation of Deposition Excerpts for Trial by One Day by Express Save Industries, Inc.. (Roller, K.) |
Filing 104 Renewed MOTION to Strike #25 Answer to Complaint, Counterclaim (Inappropriate Prayer for Relief) ( Responses due by 12/14/2009), MOTION in Limine No. 7 (to Exclude Arguments and Evidence With Respect to Punitive Damages) by DHL Express (USA), Inc.(an Ohio corporation). (Attachments: #1 Exhibit A)(Roman, Ryan) |
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Filing 101 Plaintiff's MOTION in Limine No. 6 (To Exclude Opinions of David Silverman) with Incorporated Memorandum of Law by DHL Express (USA), Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Roman, Ryan) Modified text on 11/23/2009 (tas). |
Filing 100 Plaintiff's MOTION in Limine No. 5 (To Exclude Reference To Consequential Damages)with Incorporated Memorandum of Law by DHL Express (USA), Inc.. (Attachments: #1 Exhibit A)(Roman, Ryan) Modified text on 11/23/2009 (tas). |
Filing 99 Plaintiff's MOTION in Limine No. 4 (To Exclude Testimony of Doug Thomas) with Incorporated Memorandum of Law by DHL Express (USA), Inc.. (Attachments: #1 Exhibit A)(Roman, Ryan) Modified text on 11/23/2009 (tas). |
Filing 98 Plaintiff's MOTION in Limine No. 3 (To Exclude Evidence Regarding Dismissed Franchise Claims) with Incorporated Memorandum of Law by DHL Express (USA), Inc.. (Roman, Ryan) Modified text on 11/23/2009 (tas). |
Filing 97 Plaintiff's MOTION in Limine No. 2 (To Exclude Evidence Regarding Domestic Shipping By Other Customers Outside Small Business Market) with Incorporated Memorandum of Law by DHL Express (USA), Inc.. (Attachments: #1 Exhibit A)(Roman, Ryan) Modified text on 11/23/2009 (tas). |
Filing 96 Plaintiff's MOTION in Limine No. 1 (To Exclude Evidence Regarding Other Resellers) with Incorporated Memorandum of Law by DHL Express (USA), Inc.. (Roman, Ryan) Modified text on 11/23/2009 (tas). |
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Filing 91 Minute Entry for proceedings held before Judge James I. Cohn: Motion Hearing held on 11/13/2009 re #58 Plaintiff's MOTION for Summary Judgment on Defendant's Counterclaims, #62 MOTION for Reconsideration re #61 Order on Motion to Strike, #56 Plaintiff's MOTION for Summary Judgment on Its Contract Claims, and #74 Plaintiff's MOTION to Strike. Plaintiff's Motion to Strike denied; all other motions taken under advisement. Calendar Call continued to 12/3/2009 and Trial continued to period beginning 12/7/2009. Court Reporter: Tammy Nestor, Phone: 954-769-5496 (egr) |
Filing 90 NOTICE by Express Save Industries, Inc. re #69 Response in Opposition to Motion, #70 Response in Opposition to Motion, Deposition Excerpts of Carol Blankfield in in further support of responses to motions for summary judgment (Roller, K.) |
Filing 89 REPLY to Response to Motion re #74 Plaintiff's MOTION to Strike Defendant's Untimely Supplemental Expert Report filed by DHL Express (USA), Inc.. (Roman, Ryan) |
Filing 88 RESPONSE/REPLY to #70 Response in Opposition to Motion, (Response to Express Save's Supplement to DHL's Statement of Material Facts) by DHL Express (USA), Inc.. (Roman, Ryan) |
Filing 87 RESPONSE/REPLY to #69 Response in Opposition to Motion, (Response to Express Save's Supplement to DHL's Statement of Material Facts) by DHL Express (USA), Inc.(an Ohio corporation). (Attachments: #1 Exhibit A)(Roman, Ryan) |
Filing 86 NOTICE of Striking #81 Statement filed by DHL Express (USA), Inc., #79 Statement filed by DHL Express (USA), Inc. Pursuant to Clerk's Notices [D.E. 84, 85] by DHL Express (USA), Inc. (Roman, Ryan) |
Filing 85 Clerks Notice to Filer re #81 Statement. Document and Event Selected Do Not Match; CORRECTIVE ACTION REQUIRED - The Filer must File a Notice of Striking, then refile the correct document. (ls) |
Filing 84 Clerks Notice to Filer re #79 Statement. Document and Event Selected Do Not Match; CORRECTIVE ACTION REQUIRED - The Filer must File a Notice of Striking, then refile the correct document. (ls) |
Filing 83 RESPONSE to Motion re #74 Plaintiff's MOTION to Strike Defendant's Untimely Supplemental Expert Report filed by Express Save Industries, Inc.. Replies due by 11/23/2009. (Roller, K.) |
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Filing 92 Plaintiff DHL Express (USA), Inc.'s MOTION for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filing for Andrew S. Wong. Filing Fee $75. Receipt # 1011646. (cw) |
Filing 81 Statement of: Facts by DHL Express (USA), Inc. re #80 Reply to Response to Motion. (Roman, Ryan) |
Filing 80 REPLY to Response to Motion re #56 Plaintiff's MOTION for Summary Judgment on Its Contract Claims, and Incorporated Memorandum of Law filed by DHL Express (USA), Inc.. (Roman, Ryan) |
Filing 79 Statement of: Facts by DHL Express (USA), Inc.(an Ohio corporation) re #78 Reply to Response to Motion. (Attachments: #1 Exhibit A)(Roman, Ryan) |
Filing 78 REPLY to Response to Motion re #58 Plaintiff's MOTION for Summary Judgment on Defendant's Counterclaims, and Incorporated Memorandum of Law filed by DHL Express (USA), Inc.(an Ohio corporation). (Roman, Ryan) |
Filing 77 REPLY to Response to Motion re #62 MOTION for Reconsideration re #61 Order on Motion to Strike Prayers of Relief filed by Express Save Industries, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Roller, K.) |
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Filing 75 Plaintiff's MOTION for Hearing re #74 Plaintiff's MOTION to Strike Defendant's Untimely Supplemental Expert Report, MOTION to Expedite Briefing by DHL Express (USA), Inc.. (Attachments: #1 Text of Proposed Order Granting Motion)(Roman, Ryan) |
Filing 74 Plaintiff's MOTION to Strike Defendant's Untimely Supplemental Expert Report by DHL Express (USA), Inc.. Responses due by 11/27/2009 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order Granting Motion)(Roman, Ryan) |
Filing 73 RESPONSE in Opposition re #62 MOTION for Reconsideration re #61 Order on Motion to Strike Prayers of Relief filed by DHL Express (USA), Inc.. (Roman, Ryan) |
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Filing 71 Joint MOTION for Extension of Time to Complete Discovery by DHL Express (USA), Inc., Express Save Industries, Inc.. (Attachments: #1 Text of Proposed Order Granting Joint Motion)(Roman, Ryan) |
Filing 70 RESPONSE in Opposition re #56 Plaintiff's MOTION for Summary Judgment on Its Contract Claims, and Incorporated Memorandum of Law filed by Express Save Industries, Inc.. (Attachments: #1 Statement of Material Facts, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H)(Roller, K.) |
Filing 69 RESPONSE in Opposition re #58 Plaintiff's MOTION for Summary Judgment on Defendant's Counterclaims, and Incorporated Memorandum of Law filed by Express Save Industries, Inc.. (Attachments: #1 Statement of Material Facts, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F)(Roller, K.) |
Filing 68 ANSWER to Counterclaim and Affirmative Defenses by DHL Express (USA), Inc.(an Ohio corporation).(Roman, Ryan) |
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Filing 66 Unopposed MOTION for Extension of Time to File Response as to #58 Plaintiff's MOTION for Summary Judgment on Defendant's Counterclaims, and Incorporated Memorandum of Law, #56 Plaintiff's MOTION for Summary Judgment on Its Contract Claims, and Incorporated Memorandum of Law by Express Save Industries, Inc.. (Roller, K.) |
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Filing 63 Defendant's MOTION for Hearing re #62 MOTION for Reconsideration re #61 Order on Motion to Strike Prayers of Relief by Express Save Industries, Inc.. (Roller, K.) |
Filing 62 MOTION for Reconsideration re #61 Order on Motion to Strike Prayers of Relief by Express Save Industries, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Roller, K.) |
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Filing 60 Unopposed MOTION for Hearing re #58 Plaintiff's MOTION for Summary Judgment on Defendant's Counterclaims, and Incorporated Memorandum of Law, #56 Plaintiff's MOTION for Summary Judgment on Its Contract Claims, and Incorporated Memorandum of Law by DHL Express (USA), Inc.. (Attachments: #1 Text of Proposed Order Granting Motion)(Roman, Ryan) |
Filing 59 Statement of: Facts by DHL Express (USA), Inc.(an Ohio corporation) re #58 Plaintiff's MOTION for Summary Judgment on Defendant's Counterclaims, and Incorporated Memorandum of Law. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Roman, Ryan) |
Filing 58 Plaintiff's MOTION for Summary Judgment on Defendant's Counterclaims, and Incorporated Memorandum of Law by DHL Express (USA), Inc.(an Ohio corporation). Responses due by 10/22/2009 (Roman, Ryan) |
Filing 57 Statement of: Facts by DHL Express (USA), Inc. re #56 Plaintiff's MOTION for Summary Judgment on Its Contract Claims, and Incorporated Memorandum of Law. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Roman, Ryan) |
Filing 56 Plaintiff's MOTION for Summary Judgment on Its Contract Claims, and Incorporated Memorandum of Law by DHL Express (USA), Inc.. Responses due by 10/22/2009 (Roman, Ryan) |
Filing 55 REPLY to Response to Motion re #48 Plaintiff's MOTION to Compel Deposition of Express Save Industries, Inc. filed by DHL Express (USA), Inc.. (Roman, Ryan) |
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Filing 53 RESPONSE in Opposition re #48 Plaintiff's MOTION to Compel Deposition of Express Save Industries, Inc. with Attached Declaration of John Abdo filed by Express Save Industries, Inc.. (Roller, K.) |
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Filing 51 Joint MOTION for Extension of Time to Complete Discovery by DHL Express (USA), Inc., Express Save Industries, Inc.. (Attachments: #1 Text of Proposed Order Granting Joint Motion)(Roman, Ryan) |
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Filing 49 Defendant's MOTION for Protective Order with attached exhibits and incorporated text on 9/15/2009 (tas). |
Filing 48 Plaintiff's MOTION to Compel Deposition of Express Save Industries, Inc. by DHL Express (USA), Inc.. Responses due by 10/1/2009 (Attachments: #1 Exhibit (Declaration of Barclay Edmundson), #2 Text of Proposed Order Granting Motion)(Roman, Ryan) |
Filing 47 NOTICE by Express Save Industries, Inc. of service of expert report (Einhorn, Robert) |
Filing 46 NOTICE by DHL Express (USA), Inc., Express Save Industries, Inc. re #41 Defendant's MOTION to Compel Production of Documents and to overrule objections, #43 Plaintiff's MOTION to Compel Responses to its First Set of Interrogatories, #42 Plaintiff's MOTION to Compel Responses to its First Request for Production of Documents (Joint Notice of Withdrawal of Motions to Compel) (Roman, Ryan) |
Filing 45 NOTICE by DHL Express (USA), Inc. of Service of Expert Reports (Roman, Ryan) |
Filing 44 RESPONSE in Opposition re #41 Defendant's MOTION to Compel Production of Documents and to overrule objections and Incorporated Memorandum of Law filed by DHL Express (USA), Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Roman, Ryan) Modified text on 8/25/2009 (tas). |
Filing 43 Plaintiff's MOTION to Compel Responses to its First Set of Interrogatories by DHL Express (USA), Inc.. Responses due by 9/3/2009 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order Granting Motion)(Roman, Ryan) |
Filing 42 Plaintiff's MOTION to Compel Responses to its First Request for Production of Documents by DHL Express (USA), Inc.. Responses due by 9/3/2009 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order Granting Motion)(Roman, Ryan) |
Filing 41 Defendant's MOTION to Compel Production of Documents and to overrule objections by Express Save Industries, Inc.. Responses due by 8/24/2009 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Roller, K.) |
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Filing 38 RESPONSE/REPLY to #35 Notice of Supplemental Authority by DHL Express (USA), Inc.. (Roman, Ryan) |
Filing 37 Joint MOTION for Protective Order (Stipulated Protective Order) by DHL Express (USA), Inc., Express Save Industries, Inc.. (Attachments: #1 Text of Proposed Order (Stipulated Protective Order))(Roman, Ryan) |
Filing 36 REPORT of Mediation Disposition: Impasse(Riemer, Laurie) |
Filing 35 Notice of Supplemental Authority re #28 Response in Opposition to Motion, #26 MOTION to Dismiss #25 Answer to Complaint, Counterclaim by Express Save Industries, Inc.(a New York corporation, John Does 1-50) (Roller, K.) |
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Filing 33 Unopposed MOTION for Extension of Time to File Motion to Compel by DHL Express (USA), Inc.. (Attachments: #1 Text of Proposed Order Granting Motion)(Roman, Ryan) |
Filing 32 Notice of Mediation Hearing before Mediator, Laurie Riemer, Esq.filed by Laurie L. Riemer. Mediation Hearing set for 7/27/2009 10:00 AM (Riemer, Laurie) |
Filing 31 REPLY to Response to Motion re #27 MOTION to Strike #25 Answer to Complaint, Counterclaim re: Inappropriate Prayers for Relief MOTION to Strike #25 Answer to Complaint, Counterclaim re: Inappropriate Prayers for Relief filed by DHL Express (USA), Inc.(an Ohio corporation). (Roman, Ryan) |
Filing 30 REPLY to Response to Motion re #26 MOTION to Dismiss #25 Answer to Complaint, Counterclaim filed by DHL Express (USA), Inc.(an Ohio corporation). (Roman, Ryan) |
Filing 29 MEMORANDUM of Law in Opposition to #27 MOTION to Strike #25 Answer to Complaint, Counterclaim re: Inappropriate Prayers for Relief MOTION to Strike #25 Answer to Complaint, Counterclaim re: Inappropriate Prayers for Relief filed by Express Save Industries, Inc.. Replies due by 6/22/2009. (Roller, K.) Modified text on 6/12/2009 (tas). |
Filing 28 MEMORANDUM of Law in Opposition re #26 MOTION to Dismiss #25 Answer to Complaint, Counterclaim filed by Express Save Industries, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Roller, K.) Modified text on 6/12/2009 (tas). |
Filing 27 MOTION to Strike #25 Answer to Complaint, Counterclaim re: Inappropriate Prayers for Relief by DHL Express (USA), Inc.(an Ohio corporation). Responses due by 6/11/2009 (Attachments: #1 Text of Proposed Order Granting Motion to Strike)(Roman, Ryan) |
Filing 26 MOTION to Dismiss #25 Answer to Complaint, Counterclaim by DHL Express (USA), Inc.(an Ohio corporation). Responses due by 6/11/2009 (Roman, Ryan) |
Filing 25 Amended ANSWER and Affirmative Defenses to Complaint with Jury Demand, Amended COUNTERCLAIM against DHL Express (USA), Inc. by Express Save Industries, Inc..(Roller, K.) |
Filing 24 Defendant's ANSWER and Affirmative Defenses to Complaint with Jury Demand, Defendant's COUNTERCLAIM against DHL Express (USA), Inc. by Express Save Industries, Inc..(Roller, K.) |
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Filing 21 AGREED MOTION for Extension of Time to File Response as to #1 Complaint and to Exchange Rule 26(a) Disclosures by Express Save Industries, Inc.. (Roller, K.) Modified text on 4/13/2009 (tas). |
Filing 20 NOTICE (Stipulation) of Substitution of Counsel by K. Brian Roller on behalf of Express Save Industries, Inc. instead of prior counsel of record Eric Isicoff and Michelle Lauren Gerber. (Roller, K.) |
Filing 19 NOTICE by Express Save Industries, Inc. re Corporate Ownership Per Rule 7.1 (Softness, David) |
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Filing 16 JOINT NOTICE of Mediator Selection: Laurie L. Riemer selected.(Roman, Ryan) Modified text on 3/26/2009 (tas). |
Filing 17 Plaintiff DHL Express (USA), Inc.'s MOTION for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filing for William W. Oxley, Filing Fee $75.00, Receipt #997713. (cw) |
Filing 15 NOTICE of Attorney Appearance by David Rand Softness on behalf of Express Save Industries, Inc. (Softness, David) |
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Filing 12 Minute Entry for proceedings held before Magistrate Judge Barry S. Seltzer: Scheduling Conference held on 3/18/2009. Scheduling Order to follow. (Tape #BSS-09-17-1770-1950/DR 150120.) (at) |
Filing 11 NOTICE of Attorney Appearance by Michelle Lauren Gerber on behalf of Express Save Industries, Inc. (Gerber, Michelle) |
Filing 10 CERTIFICATE of Counsel re #7 Order, Set Hearings by Ryan Roman on behalf of DHL Express (USA), Inc., Express Save Industries, Inc. (Roman, Ryan) |
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Filing 8 Plaintiff DHL Express (USA), Inc.'s MOTION for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filing for Edwin V. Woodsome, Jr., Christopher Ruhland and D. Barclay Edmundson, Filing Fee $225, Receipt #996867. (cw) |
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Filing 5 Agreed MOTION for Extension of Time to File Response as to #1 Complaint filed by Plaintiff by Express Save Industries, Inc.. (Attachments: #1 Text of Proposed Order Agreed Order Granting Motion to Extend Time to Respond to Complaint)(Isicoff, Eric) |
Filing 4 Corporate Disclosure Statement by DHL Express (USA), Inc. identifying Corporate Parent DPWN Holdings (USA), Inc., Corporate Parent Deutsche Post, A.G. for. (Roman, Ryan) |
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Filing 2 Summons Issued as to Express Save Industries, Inc.. (lh) |
Filing 1 COMPLAINT against all defendants; Filing fee $ 350.00. Receipt#: 995498, filed by DHL Express (USA), Inc..(lh) |
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