Orr v. Knapheide Co
| Renick H Orr |
| The Knapheide Manufacturing Company |
| 1:2010cv01123 |
| April 30, 2010 |
| U.S. District Court for the Central District of Illinois |
| Peoria Office |
| Adams |
| Byron G Cudmore |
| Personal Property: Other |
| 28 U.S.C. § 1332 Diversity-Property Damage |
| Plaintiff |
Docket Report
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TEXT ORDER Entered by Magistrate Judge Byron G. Cudmore on 1/17/13. The Joint Motion to Dismiss Pursuant to Settlement #47 is ALLOWED. CASE DISMISSED with prejudice. (DK, ilcd)
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| Filing 48 NOTICE of Filing re #47 MOTION to Dismiss Pursuant to Settlement (Harrington, William) |
| Filing 47 MOTION to Dismiss Pursuant to Settlement by Defendant The Knapheide Manufacturing Company, Plaintiff Renick H Orr. Responses due by 2/4/2013 (Harrington, William) |
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TEXT ORDER by Magistrate Judge Byron Cudmore: Oral motion by Plaintiff's counsel ALLOWED. Extension granted to 1/18/2013 to file motion to dismiss based upon settlement. (LB, ilcd)
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TEXT ORDER by Magistrate Judge Byron Cudmore: Joint oral motion by counsel allowed. Extension granted to 12/20/2012 for the parties to file motion to dismiss based upon settlement. (LB, ilcd)
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Filing 46
ORDER: CONSENT to Jurisdiction by US Magistrate Judge. Case reassigned to Magistrate Judge Byron Cudmore. Entered by Judge Michael M. Mihm on 10/24/2012. (JRK, ilcd) Modified on 10/25/2012 to reflect assignment to Magistrate Judge Cudmore. (JRK, ilcd).
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| MINUTE ENTRY for proceedings held before U.S. Magistrate Judge Byron G. Cudmore: Present Renick Orr, Charles Armbruster, Robert Overholser, William Harrington, Brett Gorman, Terry Schroeder, and Rebecca Haller. Mediation held before Judge Cudmore. MEDIATED SETTLEMENT REACHED. The Court finds that a binding settlement contract exists. Parties consent to Judge Cudmore pursuant to 28 U.S.C. 636(c) to retain jurisdiction to enforce settlement contract. Parties to file motion to dismiss based upon settlement by 11/30/2012. All deadlines and hearings CANCELLED. (LB, ilcd) |
| Minute Entry for proceedings held before Judge Michael M. Mihm: Parties present via phone by Atty Armbruster for Plaintiff and Atty William Harrington for Defendant at 1:00 p.m. on Wed, 9/19/2012 for Status Conference - same held. Case remains set for Settlement Conference at 10:00 a.m. on 10/23/12 before U.S. Magistrate Judge Cudmore. Final Pretrial Conference set for 2:00 p.m. on 11/15/2012 and Jury Trial set for 8:45 a.m. on 1/7/2013. Both in person in Peoria (Courtroom B) before Judge Michael M. Mihm. (Court Reporter Dee Doubet.) (KB, ilcd) |
| MINUTE ENTRY: Before U.S. Magistrate Judge Byron G. Cudmore. Telephone conference held with Attorneys Charles Armbruster and William Harrington. By joint request the Court schedules a mediation in chambers in Springfield, Illinois on Tuesday, October 23, 2012, at 10:00 a.m. The following parties / representatives are directed to be personally present with full authority to compromise claim(s): Plaintiff, representative of corporate Defendant, representative of carrier for Defendant, and representative of worker's compensation carrier for Defendant. Confidential mediation statements to be submitted to Judge Cudmore via fax only to (217) 492-4596 by 10/15/2012. (LB, ilcd) |
| UTILITY: Correction - Set/Reset Hearings: Status Conference set for 9/19/2012 01:00 PM in by telephone from Peoria (court will place call) before Judge Michael M. Mihm. Status Conference set for 9/18/2012 02:30 PM in by telephone from Springfield (court will place call) before Magistrate Judge Byron G. Cudmore. (LB, ilcd) |
| NOTICE OF HEARING: Telephone conference set Tuesday, 9/18/2012, at 2:30 PM (court will place call) before U.S. Magistrate Judge Byron G. Cudmore to discuss mediation. (LB, ilcd) |
| NOTICE of Hearing: Status Conference set for 9/19/2012 at 1:00 PM by telephone from Peoria (court will place call) before Judge Michael M. Mihm.(KR) |
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Filing 45
ORDER entered by Judge Michael M. Mihm on 8/7/12 - For reasons set forth in the attached Court's Order, Defendant's #33 Motion for Summary Judgment is DENIED (see order for details). (SF, ilcd)
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| Minute Entry for proceedings held before Judge Michael M. Mihm: Parties present in open court with Attys Michael Blotevogel and William Harrington for Motion Hearing on Thursday,7/12/2012 at 1:00. Same held. Arguments heard regarding Pltf's #40 Motion to Strike Dft's #33 Motion for Summary Judgment. Motion #40 is DENIED. Arguments heard regarding Dft's #33 Motion for Summary Judgment. Court takes motion under advisement and will notify parties with decision on #33 Motion for Summary Judgment, written order to follow. (Court Reporter N Mersot.) (SF, ilcd) |
| NOTICE of Hearing on Motion #33 MOTION for Summary Judgment and #40 MOTION to Strike #33 MOTION for Summary Judgment : Motion Hearing set for 7/12/2012 at 01:00 PM in Courtroom B in Peoria before Judge Michael M. Mihm. (MMM4, ilcd) |
| NOTICE of Cancellation of Final Pre-trial hearing scheduled for July 5, 2012, and Trial date of July 30, 2012. The Court will contact parties to establish new dates in the near future. (MMM4, ilcd) |
| Filing 44 CERTIFICATE of Service/Counsel re #43 Response to Motion, to Strike Motion for Summary Judgment by William J Harrington on behalf of The Knapheide Manufacturing Company (Harrington, William) |
| Filing 43 RESPONSE to Motion re #40 MOTION to Strike #33 MOTION for Summary Judgment filed by Defendant The Knapheide Manufacturing Company. (Attachments: #1 Exhibit Petition for Discovery, #2 Affidavit Barringer, #3 Affidavit Dailing)(Harrington, William) |
| Filing 42 CERTIFICATE of Service/Counsel re #41 Reply to Response to Motion for Summary Judgment by William J Harrington on behalf of The Knapheide Manufacturing Company (Harrington, William) |
| Filing 41 REPLY to Response to Motion re #33 MOTION for Summary Judgment filed by Defendant The Knapheide Manufacturing Company. (Harrington, William) |
| Filing 40 MOTION to Strike #33 MOTION for Summary Judgment by Plaintiff Renick H Orr. Responses due by 6/7/2012 (Attachments: #1 Exhibit Proposed Order)(Blotevogel, Michael) |
| Filing 39 Exhibit re #37 Response to Motion by Renick H Orr. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Blotevogel, Michael) |
| Filing 38 Exhibit re #37 Response to Motion by Renick H Orr. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Blotevogel, Michael) |
| Filing 37 RESPONSE to Motion re #33 MOTION for Summary Judgment filed by Plaintiff Renick H Orr. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Blotevogel, Michael) |
| TEXT ONLY NOTICE of RESCHEDULED Final Pretrial Hearing. The Final Pretrial Conference ORIGINALLY SCHEDULED FOR 6/15/2012 WILL NOW BE HELD ON 7/5/2012 at 11:00 AM in Courtroom B in Peoria before Judge Michael M. Mihm. (KSB, ilcd) |
| Filing 36 NOTICE of Filing (Harrington, William) |
| Filing 35 Exhibit re #33 MOTION for Summary Judgment by The Knapheide Manufacturing Company. (Attachments: #1 Exhibit I-1, #2 Exhibit I-2, #3 Exhibit I-3, #4 Exhibit I-4)(Harrington, William) |
| Filing 34 Exhibit H to Motion for Summary Judgment by The Knapheide Manufacturing Company. (Attachments: #1 Exhibit H-1, #2 Exhibit H-2, #3 Exhibit H-3)(Harrington, William) |
| Filing 33 MOTION for Summary Judgment by Defendant The Knapheide Manufacturing Company. Responses due by 5/21/2012 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Harrington, William) |
| Filing 32 CERTIFICATE of Service/Counsel re #31 Joint MOTION re Order on Motion for Extension of Time to Complete Discovery,, Set/Reset Scheduling Order Deadlines,,,,,,,,,,,, by William J Harrington on behalf of The Knapheide Manufacturing Company (Harrington, William) |
| Filing 31 Joint MOTION re Order on Motion for Extension of Time to Complete Discovery,, Set/Reset Scheduling Order Deadlines,,,,,,,,,,,, by Defendant The Knapheide Manufacturing Company. Responses due by 1/9/2012 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Harrington, William) |
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TEXT ORDER by Magistrate Judge Byron Cudmore: Joint Motion to Modify Scheduling Order #31 ALLOWED. Extension granted to 2/15/2012 to depose Plaintiff's treaters; extension granted to 2/28/2012 for Defendant to disclose its experts. (LB, ilcd)
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TEXT ORDER by Magistrate Judge Byron Cudmore: Before the Court are Plaintiff's Motion to Modify Scheduling Order and Request for Clarification Regarding Rule 26 Requirements for Treating Physicians #27 , Plaintiff's Supplement to Motion #28 , and Defendant's Response #29 . The Court ALLOWS Plaintiff's Motions #27 #28 in that Plaintiff is granted an extension until 12/15/2011 to provide the expert report of Plaintiff's liability expert. Defendant is granted until 1/16/2012 to depose said liability expert. Plaintiff is also granted an extension until 12/15/2011 to disclose and submit reports of treating physicians. The Court agrees with Defendant in its Response #29 : Plaintiff is required to provide summaries of the facts and opinions the witnesses are expected to testify to, unless the witnesses will provide causation opinions that were not rendered during the course of treatment. If causation opinions will be provided that were rendered after the course of treatment, expert reports pursuant to Rule 26(a)(2)(B) are required. Entered by Judge Cudmore on 12/5/2011. (LB, ilcd)
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| Filing 30 NOTICE of Filing (Harrington, William) |
| Filing 29 RESPONSE to Motion re #28 MOTION to Amend/Correct #21 Scheduling Order,,, (supplement of doc. 27 to include reference to vocational rehabiliation expert), #27 MOTION to Amend/Correct Scheduling Order filed by Defendant The Knapheide Manufacturing Company. (Harrington, William) |
| Filing 28 MOTION to Amend/Correct #21 Scheduling Order,,, (supplement of doc. 27 to include reference to vocational rehabiliation expert) by Plaintiff Renick H Orr. Responses due by 12/5/2011 (Blotevogel, Michael) |
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TEXT ORDER by Magistrate Judge Byron Cudmore: Defendant directed to file response to Plaintiff's Motion to Modify #27 by 12/2/2011 and specifically address the issue of treating physicians as expert witnesses under Rule 26 as amended 12/1/2010. Court takes Motion #27 under advisement. (LB, ilcd)
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| Filing 27 MOTION to Amend/Correct Scheduling Order by Plaintiff Renick H Orr. Responses due by 12/2/2011 (Blotevogel, Michael) |
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TEXT ORDER by Magistrate Judge Byron Cudmore: Plaintiff's Amended, Unopposed, Motion to Modify Scheduling Order #26 ALLOWED IN PART. Scheduling Order deadlines are amended as follows: Plaintiff's expert disclosure extended to 11/15/2011, depositions by 1/16/2012; Defendant's expert disclosure extended to 2/14/2012, depositions by 3/16/2012; Plaintiff's rebuttal experts, if any, to be disclosed by 3/30/2012, depositions by 4/13/2012; Fact discovery deadline extended to 10/19/2011; Expert discovery deadline extended to 4/13/2012; Dispositive motions deadline extended to 4/27/2012. Any reports by treating physicians to be provided by 11/15/2011, depositions by 1/16/2012, supplemental depositions of any physicians providing medical treatment to Plaintiff after 1/16/2012 will be allowed. Final pretrial and jury trial dates will remain as scheduled. Plaintiff's Motion to Modify Scheduling Order #25 DENIED as moot. Entered by Judge Cudmore on 8/25/2011. (LB, ilcd)
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| Filing 26 Consent MOTION for Extension of Time to Complete Discovery (Amends Doc 25) by Plaintiff Renick H Orr. Responses due by 9/12/2011 (Blotevogel, Michael) |
| Filing 25 MOTION for Extension of Time to Complete Discovery and Modify Scheduling Order by Plaintiff Renick H Orr. Responses due by 9/6/2011 (Blotevogel, Michael) |
| Filing 24 Joint MOTION for Extension of Time to Complete Discovery and Modify Scheduling Order by Defendant The Knapheide Manufacturing Company, Plaintiff Renick H Orr. Responses due by 5/31/2011 (Blotevogel, Michael) |
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TEXT ORDER by Magistrate Judge Byron Cudmore: Joint Motion to Modify Scheduling Order #24 reviewed and ALLOWED in part: Fact discovery closes 8/19/2011; Expert discovery closes 4/1/2012; Defendant`s Expert Disclosure due by 12/14/2011, depositions by 1/18/2012; Plaintiff`s Expert Disclosure due by 9/15/2011, depositions by 11/16/2011; Rebuttal expert to be disclosed by 2/1/2012, deposition by 4/1/2012; Reports by treating physicians to be provided by 9/15/2011, depositions by 11/16/2011, "trial" depositions by 6/1/2012; Dispositive motions due by 4/1/2012. Final pretrial conference and jury trial settings before Judge Mihm remain as previously scheduled. Entered by Judge Cudmore on 5/13/2011. (LB, ilcd)
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| Filing 23 NOTICE of Filing re #22 Response (Harrington, William) |
| Filing 22 Response by The Knapheide Manufacturing Company to FRCP Rule 26(a) Disclosures. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Harrington, William) |
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Filing 21
SCHEDULING ORDER: Attorneys Michael T. Blotevogel and William J. Harrington present by telephone for Rule 16 conference; Same held at 11:00 AM on 1/6/2011; SCHEDULING TIME LIMITS ORDERED: Amended Pleadings due by 3/23/2011. Fact Discovery due by 6/3/2011. Defendant`s Expert Disclosure due by 10/14/2011. Plaintiff`s Expert Disclosure due by 7/15/2011. Expert Discovery due by 2/17/2012. Initial Disclosures due by 1/20/2011. Joinder of Parties due by 3/23/2011. Dispositive Motions due by 3/9/2012. Final Pretrial Conference set 6/15/2012 at 1:00 PM before U.S. District Judge Michael M. Mihm. Jury Trial set 7/30/2012 at 8:30 AM before Judge Mihm. See written order entered by U.S. Magistrate Judge Byron G. Cudmore on 1/6/2011. (Attachments: #1 Mediation Memorandum, #2 Courtroom Technology Brochure) (LB, ilcd)
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| MINUTE ENTRY for proceedings held before Magistrate Judge Byron G. Cudmore: Scheduling Conference held on 1/6/2011. Written order to follow. (LB, ilcd) |
| Filing 20 REPORT of Rule 26(f) Planning Meeting by Renick H Orr. (Armbruster, Charles) |
| NOTICE OF HEARING: Rule 16 Scheduling Conference set Thursday, 1/6/2011, at 11:00 AM by telephone (court will place call) before Magistrate Judge Byron G. Cudmore. Attorneys are directed to comply with Federal Rule of Civil Procedure 26(f) by meeting as soon as practicable, and in any event at least fourteen (14) days prior to the scheduling conference, and are to submit a proposed discovery plan in writing to the Court on or before 1/3/2011. Such a plan must include, at a minimum, those items listed in CDIL-LR 26.2(3), Rule 16(b), Rule 26(f), and CDIL-LR 16.2(E) with proposed deadlines. The parties are directed to specifically address the provisions, if any, for discovery or disclosure of electronically stored information, and to discuss agreements, if any, the parties reach for asserting claims of privilege or of protection as trial preparation material, after inadvertent production. Any plan filed shall specifically address the need, or lack thereof, concerning discovery of electronically stored information. If a discovery plan is not submitted as required, the scheduling hearing will not be held and costs may be assessed. Lead counsel or other counsel of record with knowledge of the case should be available to participate in the Rule 16 scheduling hearing. (LB, ilcd) |
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Filing 19
ORDER granting #11 Defendant's Motion to Dismiss and adopting in its entirety, the #18 Report and Recommendation of the Magistrate. Plaintiffs' Count II (Intentional Spoliation) is DISMISSED and his request to have the Complaint be deemed filed as of April 30, 2010, is DENIED. This matter is referred to the Magistrate Judge for further proceedings. Entered by Judge Michael M. Mihm on 11/29/2010. (RK, ilcd)
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| Filing 18 REPORT AND RECOMMENDATION by U.S. Magistrate Judge Byron Cudmore RECOMMENDING that Defendant's Motion to Dismiss #11 be granted and that Count II (the intentional spoliation claim) be dismissed. The Court further recommends that Plaintiff's request to have the Complaint be deemed filed as of April 30, 2010 be denied. See written order. Objections to R&R due by 11/12/2010. (LB, ilcd) |
| Filing 17 DEFENDANT'S REPLY to Plaintiff's Response to Defendant's #11 MOTION to Dismiss Count II of Plaintiff's Complaint filed by Defendant The Knapheide Manufacturing Company. (SF, ilcd) |
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TEXT ORDER by Magistrate Judge Byron Cudmore: Motion for Leave to File Reply #16 ALLOWED. Clerk directed to docket reply attached to motion as [16-1]. (LB, ilcd)
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| REMARK: SECOND LETTER regarding ECF compliance sent to Plaintiff's counsel, Michael T. Blotevogel, by Magistrate Judge Cudmore on 8/5/2010. ADDITIONAL NOTE: First letter was sent by Judge Cudmore to Mr. Blotevogel on 7/6/2010 urging his compliance with the rules and procedures of this Court. (LB, ilcd) |
| Filing 16 MOTION for Leave to File Reply to Plaintiff's Response to Defendant's Motion to Dismiss Count II of Plaintiff's Complaint by Defendant The Knapheide Manufacturing Company. Responses due by 8/23/2010 (Attachments: #1 Exhibit A, #2 Exhibit B)(Harrington, William) |
| Filing 15 RESPONSE to Motion re #11 MOTION to Dismiss Count II of Plaintiff's Complaint filed by Plaintiff Renick H Orr. (Attachments: #1 Exhibit 1 Welch, #2 Exhibit 2 Williams)(Armbruster, Charles) |
| Filing 14 Response by Renick H Orr re #10 Objection. (Armbruster, Charles) |
| Filing 13 NOTICE of Filing re #10 Objection, #9 Answer to Complaint, #12 Memorandum, #11 MOTION to Dismiss Count II of Plaintiff's Complaint (Harrington, William) |
| Filing 12 MEMORANDUM In Support re #11 MOTION to Dismiss Count II of Plaintiff's Complaint by The Knapheide Manufacturing Company. (Attachments: #1 Exhibit 1)(Harrington, William) |
| Filing 11 MOTION to Dismiss Count II of Plaintiff's Complaint by Defendant The Knapheide Manufacturing Company. Responses due by 7/23/2010 (Harrington, William) |
| Filing 10 OBJECTION to #4 Affidavit by The Knapheide Manufacturing Company. (Attachments: #1 Exhibit A, #2 Exhibit B)(Harrington, William) |
| Filing 9 ANSWER to Complaint by The Knapheide Manufacturing Company.(Harrington, William) |
| Filing 8 NOTICE of Appearance of Attorney by William J Harrington on behalf of The Knapheide Manufacturing Company (Harrington, William) |
| Filing 7 NOTICE of Appearance of Attorney by Gregory G Vacala on behalf of The Knapheide Manufacturing Company (Vacala, Gregory) |
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TEXT ORDER by Magistrate Judge Byron Cudmore: Plaintiff to file reply to Defendant's Objection #10 to Declaration #3 and Amended Declaration #4 by 7/23/2010. (LB, ilcd)
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| REMARK: FIRST LETTER regarding ECF compliance sent to Plaintiff's counsel, Michael T. Blotevogel, by U.S. Magistrate Judge Byron Cudmore on 7/6/2010. (LB, ilcd) |
| Filing 6 WAIVER OF SERVICE Returned Executed by Renick H Orr. The Knapheide Manufacturing Company waiver sent on 5/7/2010, answer due 7/6/2010. (Armbruster, Charles) |
| Filing 5 CERTIFICATE OF SERVICE by Renick H Orr Notice of Lawsuit & Waiver of Service of Summons (Attachments: #1 Exhibit)(Armbruster, Charles) |
| Remark: Motion for Admission to Practice and ECF Registration form mailed to atty Michael Blotevogel. (TK, ilcd) |
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TEXT ORDER by Magistrate Judge Byron Cudmore: The Court takes Plaintiff's Declaration #3 and Amended Declaration #4 under advisement pending service on Defendant and any response filed by Defendant. (LB, ilcd)
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| Filing 4 AMENDED DECLARATION that Party was Unable to File in a Timely Manner Due to Technical Difficulties (Amended Only to Attach Exhibits Inadvertently Omitted from Original #3 Declaration by Renick H Orr. (RK, ilcd) |
| Filing 3 DECLARATION that Party was Unable to File in a Timely Manner Due to Technical Difficulties re #1 Complaint by Renick H Orr. (RK, ilcd) |
| Filing 2 CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 by Renick H Orr. (RK, ilcd) |
| Filing 1 COMPLAINT against The Knapheide Manufacturing Company (Filing fee $ 350.00), filed by Renick H Orr. (Attachments: #1 Civil Cover Sheet)(RK, ilcd) |
| Filing fee: $ 350.00 receipt number 14626007483 (RK, ilcd) |
| Judge Michael M. Mihm and Magistrate Judge Byron G. Cudmore added. (HK, ilcd) |
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| Plaintiff: Renick H Orr | |
| Represented By: | Charles W Armbruster, III |
| Represented By: | Michael T Blotevogel |
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| Defendant: The Knapheide Manufacturing Company | |
| Represented By: | Gregory G Vacala |
| Represented By: | William J Harrington |
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