Kessler v. Wal-Mart Stores, Inc.

Kessler v. Wal-Mart Stores, Inc.

Plaintiff:	Brent Kessler
Defendant:	Walmart Inc. and Trimas Corporation
3Rd Party Defendant:	Ace American Insurance Company, Cequent Consumer, Inc, Great Day, Inc, New Day Enterprises, Inc, Integrated Safety LLC, Gorilla, Inc, Trimas Corporation doing business as Highland Group Industries and Cequent Consumer, Inc doing business as Highland Group Industries
Case Number:	3:2007cv00647
Filed:	September 13, 2007
Court:	US District Court for the Southern District of Illinois
Office:	East St. Louis Office
County:	Pulaski
Presiding Judge:	Clifford J Proud
Nature of Suit:	Personal Inj. Prod. Liability
Cause of Action:	28 U.S.C. § 1332 Diversity-Product Liability
Jury Demanded By:	Both

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Docket Report

This docket was last retrieved on July 22, 2010. A more recent docket listing may be available from PACER.

Date Filed	Document Text
July 22, 2010	Filing 168 JUDGMENT IN A CIVIL CASE. Signed by Magistrate Judge Clifford J. Proud on 7/22/10. (amv)
July 19, 2010	Filing 167 ORDER re #166 Stipulation of Dismissal filed by Wal-Mart Stores, Inc.. Signed by Magistrate Judge Clifford J. Proud on 7/19/10. (amv)
July 15, 2010	Filing 166 STIPULATION of Dismissal by Wal-Mart Stores, Inc.. (DeFranco, James)
May 3, 2010	Filing 165 ORDER granting #163 Motion to Withdraw as Attorney. Attorney Jamie L. Bas terminated. Signed by Magistrate Judge Clifford J. Proud on 5/3/10. (amv) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
May 3, 2010	Filing 164 ORDER granting #162 Motion to Substitute Attorney. Darrell Flesner is substituted as counsel for Jamie Bas. Signed by Magistrate Judge Clifford J. Proud on 5/3/10. (amv) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
April 29, 2010	Filing 163 MOTION to Withdraw as Attorney by Wal-Mart Stores, Inc.. (Bas, Jamie)
April 14, 2010	Filing 162 MOTION to Substitute Attorney by Wal-Mart Stores, Inc.. (Flesner, Darrell)
April 14, 2010	Filing 161 NOTICE of Hearing: Final Pretrial Conference set for 11/10/2010 at 10:00 AM in East St. Louis Courthouse before Magistrate Judge Clifford J. Proud. A trial date will be set during the final pretrial conference. Counsel are advised to have their trial calendars available. (amv) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
April 13, 2010	Filing 160 NOTICE OF CANCELLATION of Hearing: The final pretrial conference set 7/29/10 before Magistrate Judge Clifford J. Proud is cancelled. The conference will be reset by separate notice. (amv) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
April 13, 2010	Filing 159 ORDER granting #157 Motion to Continue. Signed by Magistrate Judge Clifford J. Proud on 4/13/10. (amv)
April 13, 2010	Filing 158 ORDER denying #147 Motion for Order to Determine the Sufficiency of Defendant's Answers to Third Party Defendant's Request for Admissions by Cequent Consumer, Inc, Trimas Corporation. Signed by Magistrate Judge Clifford J. Proud on 4/13/10. (amv)
April 13, 2010	Set/Reset Deadlines: Discovery due by 7/16/2010. Dispositive Motions due by 8/2/2010. (amv)
April 1, 2010	Filing 157 MOTION to Continue by Wal-Mart Stores, Inc.. (DeFranco, James)
March 19, 2010	Filing 156 ANSWER TO AFFIRMATIVE DEFENSES re #9 by ACE American Insurance Comapny by Wal-Mart Stores, Inc.. (Bas, Jamie)
March 9, 2010	Filing 155 ANSWER to #128 Third Party Complaint by Ace American Insurance Company. (Attachments: #1 Certificate of Service)(Wadley, Christopher)
March 9, 2010	Filing 154 NOTICE of Appearance by Edward P. Gibbons on behalf of Ace American Insurance Company (Attachments: #1 Certificate of Service)(Gibbons, Edward)
March 9, 2010	Filing 153 NOTICE of Appearance by Christopher A. Wadley on behalf of Ace American Insurance Company (Attachments: #1 Certificate of Service)(Wadley, Christopher)
March 3, 2010	Filing 152 ORDER granting #150 Motion to set expert discovery schedule. Signed by Magistrate Judge Clifford J. Proud on 3/3/10. (amv)
March 2, 2010	Filing 151 NOTICE OF ERRORS AND/OR DEFICIENCIES re #150 Motion for Order filed by Trimas Corporation, Cequent Consumer, Inc. See attached document for specifics (trb )
March 1, 2010	Filing 150 Joint MOTION for Order to Set Expert Discovery Schedule by Cequent Consumer, Inc, Trimas Corporation. (Snyder, Michael)
February 17, 2010	Filing 149 RESPONSE to Motion re #147 MOTION for Order to Determine the Sufficiency of Defendant's Answers to Third Party Defendant's Request for Admissions filed by Wal-Mart Stores, Inc.. (Bas, Jamie)
February 12, 2010	Filing 148 NOTICE OF ERRORS AND/OR DEFICIENCIES re #147 Motion for Order, filed by Trimas Corporation, Cequent Consumer, Inc. See attached document for specifics (dmw)
February 11, 2010	Filing 147 MOTION for Order to Determine the Sufficiency of Defendant's Answers to Third Party Defendant's Request for Admissions by Cequent Consumer, Inc, Trimas Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, # 8 DELETED-Proposed Order)(Snyder, Michael) Modified on 2/12/2010 (dmw).
February 3, 2010	Filing 146 ORDER denying #141 Motion for Protective Order. Signed by Magistrate Judge Clifford J. Proud on 2/3/10. (amv)
February 3, 2010	Filing 145 ORDER granting #144 Motion to Withdraw as Attorney for Third-Party Defendant Ace American Insurance Company. Attorney Joseph R. Brown, Jr, Christopher P. Threlkeld of the firm of Lucco, Brown, Threlkeld and Dawson, LLP terminated. Signed by Magistrate Judge Clifford J. Proud on 2/3/10. (amv) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
February 2, 2010	Filing 144 MOTION to Withdraw as Attorney by Ace American Insurance Company. (Brown, Joseph)
January 20, 2010	Filing 143 ORDER granting #142 Motion to Appear Pro Hac Vice for attorney Jennifer D. Armstrong on behalf of Trimas Corporation & Cequent Consumer, Inc on 1/20/2010. (tkm )THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
January 19, 2010	Filing 142 MOTION to Appear Pro Hac Vice by AttorneyJennifer D. Armstrong $100 fee paid,receipt number 0754-1032403 by on behalf of Cequent Consumer, Inc, Trimas Corporation. (Armstrong, Jennifer)
January 15, 2010	Filing 141 MOTION for Protective Order by Wal-Mart Stores, Inc.. (Bas, Jamie)
January 5, 2010	Filing 140 ORDER granting in part #138 Joint Motion to Extend Expert, Discovery, and Dispositive Cut-Off Dates and to Re-Schedule Final Pretrial Conference. Signed by Magistrate Judge Clifford J. Proud on 1/4/10. (amv)
January 5, 2010	Filing 139 NOTICE OF ERRORS AND/OR DEFICIENCIES re #138 Motion for Extension of Time filed by Trimas Corporation, Cequent Consumer, Inc. See attached document for specifics (dkd )
January 5, 2010	Reset Hearings: Final Pretrial Conference reset for 7/29/2010 at 10:00 AM in East St. Louis Courthouse before Magistrate Judge Clifford J. Proud. (amv)
January 5, 2010	Reset Deadlines: Discovery due by 5/3/2010. Dispositive Motions due by 5/21/2010. (amv)
December 30, 2009	Filing 138 Joint MOTION for Extension of Time to Extend Expert, Discovery, and Dispositive Cut-Off Dates and to Re-Schedule Final Pretrial Conference by Cequent Consumer, Inc, Trimas Corporation. (Snyder, Michael)
December 4, 2009	Filing 137 ANSWER TO AFFIRMATIVE DEFENSES re #76 by Wal-Mart Stores, Inc.. (Bas, Jamie)
December 4, 2009	Filing 136 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #135 Supplement filed by Brent Kessler. See attached document for specifics (dkd )
December 1, 2009	Filing 135 ENTRY STRICKEN: SUPPLEMENT by Brent Kessler. Plaintiff Supplemental Witness Disclosure. (Polansky, I.)
December 1, 2009	Filing 134 NOTICE OF ERRORS AND/OR DEFICIENCIES re #132 Motion to Appear Pro Hac Vice, filed by Trimas Corporation, Cequent Consumer, Inc. See attached document for specifics (dkd )
December 1, 2009	Filing 133 ORDER granting #132 Motion to Appear Pro Hac Vice by Attorney Michael L. Snyder by on behalf of Cequent Consumer, Inc, Trimas Corporation on 12/01/09. (dkd )THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
November 30, 2009	Filing 132 MOTION to Appear Pro Hac Vice by AttorneyMichael L. Snyder by on behalf of Cequent Consumer, Inc, Trimas Corporation. (Attachments: # deleted(1) Proposed Order)verified $100.00 fee paid on 11/23/09 receipt # 0754-1002534 (Snyder, Michael) Modified on 12/1/2009 (dkd ). Modified on 12/1/2009 (dkd ).
November 24, 2009	Filing 131 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #130 Motion to Appear Pro Hac Vice filed by Trimas Corporation, Cequent Consumer, Inc. See attached document for specifics (dkd )
November 23, 2009	Filing 130 ENTRY STRICKEN: MOTION to Appear Pro Hac Vice of Attorney Michael L. Snyder by AttorneyEdmund W. Searby by on behalf of Cequent Consumer, Inc, Trimas Corporation. (Attachments: #1 Exhibit Proposed Order)(Searby, Edmund)
November 9, 2009	Filing 129 ANSWER to #128 Third Party Complaint by Trimas Corporation, Cequent Consumer, Inc.(Searby, Edmund)
October 20, 2009	Filing 128 THIRD PARTY COMPLAINT against Ace American Insurance Company, Trimas Corporation, Cequent Consumer, Inc, filed by Wal-Mart Stores, Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Bas, Jamie)
October 20, 2009	Filing 127 ORDER granting #126 Motion for Leave to File Third Party Complaint. Signed by Magistrate Judge Clifford J. Proud on 10/20/09. (amv)
October 16, 2009	Filing 126 MOTION for Leave to File Third Party Complaint by Wal-Mart Stores, Inc.. (Attachments: #1 Exhibit Exhibit 29)(Bas, Jamie)
September 2, 2009	Filing 125 ORDER denying as moot #118 Motion to Strike ; granting #121 Motion to Dismiss third party complaint against Intergrated Safety, LLC. Signed by Magistrate Judge Clifford J. Proud on 9/2/09. (amv)
August 3, 2009	Filing 124 NOTICE of Hearing: Final Pretrial Conference set for 6/16/2010 at 10:00 AM in East St. Louis Courthouse before Magistrate Judge Clifford J. Proud. (amv)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
August 3, 2009	Filing 123 SCHEDULING ORDER: Discovery due by 3/10/2010. Dispositive Motions due by 3/22/2010. Signed by Magistrate Judge Clifford J. Proud on 8/3/09. (Attachments: #1 Joint Report of the Parties)(amv)
July 30, 2009	Filing 122 NOTICE OF ERRORS AND/OR DEFICIENCIES re #121 Motion to Dismiss filed by Wal-Mart Stores, Inc. See attached document for specifics (myz)
July 29, 2009	Filing 121 MOTION to Dismiss Integrated Safety, LLC, d/b/a Fall Guy by Wal-Mart Stores, Inc.. Responses due by 8/31/2009 (Bas, Jamie)
July 20, 2009	Filing 120 NOTICE: The Settlement Conference set for 8/25/09 at 9:30 am before Mag/Judge Clifford J. Proud is cancelled. (amv) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
July 16, 2009	Filing 119 RESPONSE to #113 Answer to Third Party Complaint filed by Wal-Mart Stores, Inc.. (Bas, Jamie)
July 16, 2009	Filing 118 MOTION to Strike Paragraphs 1, 6, 7, 8, 9, 12, 15, and 16 of Integrated Safety LLC's Affirmative Defenses by Wal-Mart Stores, Inc.. (Bas, Jamie)
July 15, 2009	Filing 117 ORDER Granting re #116 MOTION for Extension of Time to Complete Discovery and Request for New Trial Date filed by Wal-Mart Stores, Inc. Signed by Magistrate Judge Clifford J. Proud on 07/15/09. (dkd )
July 15, 2009	Filing 116 MOTION for Extension of Time to Complete Discovery and Request for New Trial Date by Wal-Mart Stores, Inc.. (DeFranco, James)
July 14, 2009	Filing 115 ORDER upon consent of parties, this case is reassigned to Magistrate Judge Clifford J. Proud for final disposition. Judge Michael J. Reagan no longer assigned to case. Signed by Judge Michael J. Reagan on 7/14/09. (acm)
July 14, 2009	Filing 114 FINAL CONSENT to TRIAL before U.S. MAGISTRATE JUDGE (dkd )
July 10, 2009	Filing 113 Answer to Third-Party Complaint by Third-Party Defendant, Integrated Safety, LLC ANSWER to #23 Third Party Complaint, by Integrated Safety LLC.(Prew, John)
July 10, 2009	Filing 112 NOTICE of Appearance by John R. Prew on behalf of Integrated Safety LLC (Prew, John)
July 10, 2009	Filing 111 ORDER granting #110 Motion for Leave to File Entry of Appearance. Signed by Magistrate Judge Clifford J. Proud on 7/10/09. (amv)
June 30, 2009	Filing 110 MOTION for Leave to File Attorney John Prew Entry of Appearance as Additional Counsel on behalf of Third Party Defendant, Integrated Safety, LLC Incorrectly Identified as Integrated Safety, LLC, d/b/a Fall Guy by Integrated Safety LLC. (Hunsaker, Richard)
June 29, 2009	Filing 109 NOTICE of Appearance by Melanie E. Riley on behalf of Integrated Safety LLC (Riley, Melanie)
June 29, 2009	Filing 108 NOTICE of Appearance by Richard K. Hunsaker on behalf of Integrated Safety LLC (Hunsaker, Richard)
June 17, 2009	Filing 107 ORDER GRANTING #104 MOTION to Withdraw Motion for Default: On June 2, 2009, third-party plaintiff Wal-Mart filed a motion for entry of default against third-party defendant Integrated Safety, LLC d/b/a Fall Guy (Doc. #88 ). On June 17, 2009, the Clerk of the Court entered default against Integrated Safety (Doc. #102 ). Immediately thereafter, Wal-Mart moved to withdraw its motion for entry of default (Doc. #104 ). Therein, Wal-Mart indicates that it recently served Integrated Safety, and that Integrated Safety agreed to waive service (see Doc. #105 ). The Court construes Wal-Mart's filing (Doc. #104 ) as a motion to set aside entry of default. Federal Rule of Civil Procedure 55(c) provides that "[t]he court may set aside entry of default for good cause." In light of the fact that Wal-Mart itself requests that the court set aside the entry of default and that Wal-Mart indicates that Integrated Safety was recently served, the Court FINDS that good cause exists, GRANTS Wal-Mart's motion (Doc. #104 ), and SETS ASIDE the entry of default against Integrated Safety, LLC (Doc. #102 ). Signed by Judge Michael J. Reagan on 6/17/2009. (djp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
June 17, 2009	Filing 106 MEMORANDUM and ORDER, Granting #96 Third Party MOTION to Dismiss Great Day, Inc., and New Day Enterprises, Inc. filed by New Day Enterprises, Inc, Great Day, Inc. Granting #89 MOTION to Dismiss Ace American Insurance Company filed by Wal-Mart Stores, Inc. Granting #93 MOTION to Dismiss Great Day New Day Enterprises, Inc. filed by Wal-Mart Stores, Inc. Granting #85 MOTION to Dismiss TriMas Corporation and Cequent Consumer Products, Inc. d/b/a Highland Group Industries filed by Wal-Mart Stores, Inc. Dismissing without prejudice, Third Party Defendants, Great Day, Inc; New Day Enterprises, Inc; Trimas Corporation; Ace American Insurance Company and Cequent Consumer, Inc. Signed by Judge Michael J. Reagan on 6/17/09. (acm)
June 17, 2009	Filing 105 WAIVER OF SERVICE Returned Executed by Wal-Mart Stores, Inc.. Integrated Safety LLC waiver sent on 6/16/2009, answer due 8/17/2009. (Bas, Jamie)
June 17, 2009	Filing 104 MOTION to Withdraw Motion for Default by Wal-Mart Stores, Inc.. (Bas, Jamie)
June 17, 2009	Filing 103 RESPONSE to Motion re #93 MOTION to Dismiss Great Day New Day Enterprises, Inc., #85 MOTION to Dismiss TriMas Corporation and Cequent Consumer Products, Inc. d/b/a Highland Group Industries, #89 MOTION to Dismiss Ace American Insurance Company Response to Wal-Mart Stores, Inc.'s Motions to Dismiss Great Day and New Day Enterprises, Inc., Ace American Insurance Company and Trimas Corporation and Cequent Consumer Products filed by Ace American Insurance Company. (Domagalski, Philip)
June 17, 2009	Filing 102 ENTRY SET ASIDE - See Court's Order 6/17/09 - Clerk's ENTRY OF DEFAULT as to Integrated Safety LLC (myz ) Modified on 6/17/2009 (myz).
June 15, 2009	Filing 101 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (myz) unsealed on 7/14/2009.
June 10, 2009	Filing 100 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #99 Notice (Other) filed by Trimas Corporation, Cequent Consumer, Inc. See attached document for specifics (myz)
June 9, 2009	Filing 99 ENTRY STRICKEN - NOTICE by Trimas Corporation, Cequent Consumer, Inc (Searby, Edmund) Modified on 6/10/2009 (myz).
June 9, 2009	Filing 98 MEMORANDUM in Support re #93 MOTION to Dismiss Great Day New Day Enterprises, Inc., #96 Third Party MOTION to Dismiss Great Day, Inc., and New Day Enterprises, Inc., #85 MOTION to Dismiss TriMas Corporation and Cequent Consumer Products, Inc. d/b/a Highland Group Industries, #89 MOTION to Dismiss Ace American Insurance Company filed by Trimas Corporation, Cequent Consumer, Inc. (Searby, Edmund)
June 8, 2009	Filing 97 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (dkd ) unsealed on 7/14/2009.
June 5, 2009	Filing 96 Third Party MOTION to Dismiss Great Day, Inc., and New Day Enterprises, Inc. by Great Day, Inc, New Day Enterprises, Inc. Responses due by 7/8/2009 (Prew, John)
June 5, 2009	Filing 95 ORDER SETTING DEADLINES re #93 MOTION to Dismiss Great Day and New Day Enterprises, Inc.: Any party wishing to object or respond to Wal-Mart's motion to voluntarily dismiss third-party defendant (Doc. 93) shall file any such objection or response no later than June 15, 2009. Signed by Judge Michael J. Reagan on 6/5/2009. (djp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
June 4, 2009	Filing 94 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (dmw)unsealed on 7/14/2009 .
June 4, 2009	Filing 93 MOTION to Dismiss Great Day New Day Enterprises, Inc. by Wal-Mart Stores, Inc.. Responses due by 7/7/2009 (DeFranco, James)
June 4, 2009	Filing 92 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (dmw) unsealed on 7/14/2009 .
June 2, 2009	Filing 91 ORDER SETTING DEADLINES re #89 MOTION to Dismiss ACE American Insurance Company: Any party wishing to object or respond to Wal-Mart's motion to voluntarily dismiss third-party defendant (Doc. 89) shall file any such objection or response no later than June 15, 2009. Signed by Judge Michael J. Reagan on 6/2/2009. (djp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
June 2, 2009	Filing 90 ORDER DENYING #87 MOTION for Extension of Time to Complete Discovery: The motion at Doc. #87 seeks continuance of all deadlines in this case, including the discovery deadline, the dispositive motions deadline, and the final pre-trial conference and trial dates. The Court denied a similar motion on February 12, 2009 (Doc. 63 ). At that time, the Court noted that its position is clear: "Trial dates are firmly set by the Court. Motions to continue are not well taken." See http://www.ilsd.uscourts.gov/reagancivil.html#TrialProcedure. This position has not changed. The Court's calendar does not permit accomodation of the requested continuance. The parties are free to consent to the magistrate judge, so long as all parties consent. The consent form can be found at http://www.ilsd.uscourts.gov/forms.html. To date, however, no written consents have been received. Signed by Judge Michael J. Reagan on 6/2/2009. (djp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
June 2, 2009	Filing 89 MOTION to Dismiss Ace American Insurance Company by Wal-Mart Stores, Inc.. Responses due by 7/6/2009 (DeFranco, James)
June 2, 2009	Filing 88 MOTION for Entry of Default by Wal-Mart Stores, Inc.. (Bas, Jamie)
June 1, 2009	Filing 87 MOTION for Extension of Time to Complete Discovery by Wal-Mart Stores, Inc.. (DeFranco, James)
June 1, 2009	Filing 86 ORDER SETTING DEADLINES re #85 MOTION to Dismiss TriMas Corporation and Cequent Consumer Products, Inc. d/b/a Highland Group Industries: Any party wishing to object or respond to Wal-Mart's motion to voluntarily dismiss third-party defendant (Doc. 85) shall file any such objection or response no later than June 15, 2009. Signed by Judge Michael J. Reagan on 6/1/2009.(djp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
May 29, 2009	Filing 85 MOTION to Dismiss TriMas Corporation and Cequent Consumer Products, Inc. d/b/a Highland Group Industries by Wal-Mart Stores, Inc.. Responses due by 7/1/2009 (DeFranco, James)
April 17, 2009	Filing 84 THIRD PARTY DEFENDANTS' FIRST SET OF REQUEST for Admissions PROPOUNDED TO WAL-MART STORES, INC. by Trimas Corporation, Cequent Consumer, Inc.(Searby, Edmund)
April 9, 2009	Filing 83 ORDER DENYING AS MOOT #39 MOTION to Strike: In light of the Court's recent dismissal of Third-Party Defendant Gorilla, Inc. (see Doc. #82 ), the Court hereby DENIES AS MOOT Third-Part Plaintiff Wal-Mart's motion to strike portions of Gorilla, Inc.'s answer (Doc. #39 ). Signed by Judge Michael J. Reagan on 4/9/2009. (djp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
April 7, 2009	Filing 82 MEMORANDUM and ORDER : Granting #80 MOTION to Dismiss Gorilla, Inc. filed by Wal-Mart Stores, Inc. Third Party Defendant, Gorilla, Inc terminated. Signed by Judge Michael J. Reagan on 4/7/09. (acm)
March 26, 2009	Filing 81 ORDER SETTING DEADLINES re #80 MOTION to Dismiss Gorilla, Inc.: Any party wishing to object or respond to the motion to voluntarily dismiss Defendant Gorilla, Inc. shall file any such document no later than April 6, 2009. Signed by Judge Michael J. Reagan on 3/26/2009. (djp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
March 26, 2009	Filing 80 MOTION to Dismiss Gorilla, Inc. by Wal-Mart Stores, Inc.. Responses due by 4/28/2009 (DeFranco, James)
March 17, 2009	Filing 79 ANSWER TO AFFIRMATIVE DEFENSES re #76 by Wal-Mart Stores, Inc.. (Bas, Jamie)
March 4, 2009	Filing 78 NOTICE OF ERRORS AND/OR DEFICIENCIES re #76 Answer to Third-Party Complaint & #77 and Certificate of Service filed by New Day Enterprises, Inc, Great Day, Inc. See attached document for specifics (dmw)
March 3, 2009	Filing 77 Certificate of Service of Answer to Third-Party Complaint by Third-Party Defendants, Great Day, Inc., and New Day Enterprises, Inc. ANSWER to #23 Third Party Complaint, by Great Day, Inc, New Day Enterprises, Inc.(Karfis, Milton)
March 3, 2009	Filing 76 ANSWER to Third-Party Complaint with Jury Demand by Great Day, Inc, New Day Enterprises, Inc.(Karfis, Milton)
February 27, 2009	Filing 75 NOTICE of Appearance by Barry B. Sutton on behalf of Great Day, Inc, New Day Enterprises, Inc (Sutton, Barry)
February 26, 2009	Filing 74 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #71 Notice of Appearance filed by New Day Enterprises, Inc, Great Day, Inc. See attached document for specifics (dkd )
February 26, 2009	Filing 73 NOTICE of Appearance by John R. Prew on behalf of Great Day, Inc, New Day Enterprises, Inc (Prew, John)
February 26, 2009	Filing 72 NOTICE of Appearance by Milton Karfis on behalf of Great Day, Inc, New Day Enterprises, Inc (Karfis, Milton)
February 26, 2009	Filing 71 ENTRY STICKEN: NOTICE of Appearance by Milton Karfis on behalf of Great Day, Inc, New Day Enterprises, Inc (Karfis, Milton)
February 25, 2009	Filing 70 ORDER GRANTING #69 MOTION to set aside and vacate default entry: As explained in the attached Order, the Court hereby GRANTS the third-party defendants' motion (Doc. 69) and VACATES the entry of default as to Great Day, Inc. and New Day Enterprises, Inc. (Doc. 61). Signed by Judge Michael J. Reagan on 2/25/2009. (djp)
February 24, 2009	Filing 69 MOTION for Leave to File set aside and vacate default entry by Great Day, Inc, New Day Enterprises, Inc. (Attachments: #1 Exhibit A)(Hunsaker, Richard)
February 24, 2009	Filing 68 NOTICE of Appearance by Richard K. Hunsaker on behalf of Great Day, Inc, New Day Enterprises, Inc (Hunsaker, Richard)
February 24, 2009	Filing 67 SUMMONS Returned Executed by Wal-Mart Stores, Inc.. Integrated Safety LLC served on 2/20/2009, answer due 3/12/2009. (Bas, Jamie)
February 24, 2009	Filing 66 ANSWER TO AFFIRMATIVE DEFENSES re #9 by Wal-Mart Stores, Inc.. (Bas, Jamie)
February 22, 2009	Filing 65 ORDER re #64 Stipulation: Pursuant to the parties' stipulation (Doc. 64), Wal-Mart's motion to strike Defendants Trimas and Cequent's affirmative defenses (Doc. #44 ) is hereby terminated. Signed by Judge Michael J. Reagan on 2/22/2009. (djp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
February 20, 2009	Filing 64 STIPULATION re #44 MOTION to Strike #38 Answer to Third Party Complaint Affirmative Defenses, #57 Response in Opposition to Motion Stipulated Withdrawal of Motion to Dismiss Affirmative Defenses by Wal-Mart Stores, Inc., Trimas Corporation, Cequent Consumer, Inc. (Searby, Edmund)
February 12, 2009	Filing 63 ORDER GRANTING IN PART AND DENYING IN PART #62 MOTION for Reconsideration / Continuance of Trial Schedule: The motion at Doc. #62 seeks continuance of all deadlines in this case, including the discovery deadline, the dispositive motions deadline, and the final pre-trial conference and trial dates. The motion is GRANTED IN PART AND DENIED IN PART. It is GRANTED in that the parties are free to extend their discovery deadline by agreement. However, it is DENIED to the extent that it seeks a continuance of the dispositive motion deadline, final pre-trial conference, and trial. Counsel practicing before this Court know from personal experience, as well as the Court's website, that the Court sets specific, not presumptive trial dates. The position of the Court is clear and unequivocal: "Trial dates are firmly set by the Court. Motions to continue are not well taken." See http://www.ilsd.uscourts.gov/reagancivil.html#TrialProcedure. Continuing a case on a docket managed with firm trial dates creates havoc on the Court's schedule because the Court can set only a finite number of cases on a specific date without risking "overbooking." The Court's calendar does not permit accomodation of the requested continuance. However, the parties are invited to consent to the magistrate judge, who generally enjoys a more flexible calendar and can usually accommodate an agreed upon trial date. The consent form can be found at http://www.ilsd.uscourts.gov/forms.html. Additionally, the Court will consider a motion to sever and grant it, if the motion is well-taken. Signed by Judge Michael J. Reagan on 2/12/2009. (djp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
February 11, 2009	Filing 62 MOTION for Reconsideration re 42 Order, Set Motion and R&R Deadlines/Hearings,, #43 Order on Motion for Discovery by Brent Kessler. (Polansky, I.)
February 11, 2009	Filing 61 Clerk's ENTRY OF DEFAULT as to Great Day, Inc., New Day Enterprises, Inc. (lmb)
February 10, 2009	Filing 60 MOTION for Entry of Default against Great Day, Inc. and New Day Enterprises, Inc. f/k/a API Outdoors, Inc. by Wal-Mart Stores, Inc.. (Bas, Jamie)
February 10, 2009	Filing 59 Alias Third Party Summons Issued as to Integrated Safety LLC. (lmt)
February 5, 2009	Filing 58 Third Party Defendant's ANSWER to #23 Third Party Complaint, of Wal-Mart Stores, Inc. by Ace American Insurance Company. (Attachments: #1 Exhibit Exhibit A, Part 1, #2 Exhibit Exhibit A, Part 2)(Domagalski, Philip)
February 4, 2009	Filing 57 RESPONSE in Opposition re #44 MOTION to Strike #38 Answer to Third Party Complaint Affirmative Defenses filed by Trimas Corporation, Cequent Consumer, Inc. (Searby, Edmund)
January 30, 2009	Filing 56 Motion and Order to Appear Pro Hac Vice granting appearance of Attorney Barry B. Sutton for Gorilla, Inc. $100.00 fee paid,receipt number 34625010812 (tkm )
January 30, 2009	Filing 55 Motion and Order to Appear Pro Hac Vice granting appearance of Attorney John R. Prew for Gorilla, Inc. $100.00 fee paid,receipt number 34625010811 (tkm )
January 30, 2009	Filing 54 Motion and Order to Appear Pro Hac Vice granting appearance of Attorney Milton Karfis for Gorilla, Inc. $100.00 fee paid,receipt number 34625010810 (tkm )
January 30, 2009	Filing 53 REQUEST for Admissions Directed to Plaintiff by Wal-Mart Stores, Inc.. (Attachments: #1 Errata A)(DeFranco, James)
January 30, 2009	Filing 52 RESPONSE to Motion re #39 MOTION to Strike #35 Answer to Third Party Complaint filed by Gorilla, Inc. (Hunsaker, Richard)
January 15, 2009	Filing 51 Motion and Order to Appear Pro Hac Vice granting appearance of Attorney Philip W. Domagalski for Ace American Insurance Company. $100.00 fee paid,receipt number 34625010488 (tkm )
January 13, 2009	Filing 50 ORDER granting #48 Motion for Extension of Time to Answer Third Party Complaint, by Ace American Insurance Company. Answer due 2/9/09. Signed by Magistrate Judge Clifford J. Proud on 1/13/09. (amv)
January 9, 2009	Filing 49 ORDER SETTING DEADLINES re #44 MOTION to Strike #38 Answer to Third Party Complaint Affirmative Defenses: The Court hereby SETS the following deadlines with respect to Wal-Mart's motion to strike (Doc. 44). Trimas Corp. and Cequent shall file a response no later than February 9, 2009. Wal-Mart shall file a reply, if any, no later than February 24, 2009. Signed by Judge Michael J. Reagan on 1/9/2009. (djp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
January 9, 2009	Filing 48 MOTION for Extension of Time to File Answer re #23 Third Party Complaint, by Ace American Insurance Company. (Brown, Joseph)
January 9, 2009	Filing 47 NOTICE of Appearance by Debra K. Zahalsky on behalf of Ace American Insurance Company (Zahalsky, Debra)
January 9, 2009	Filing 46 NOTICE of Appearance by Christopher P. Threlkeld on behalf of Ace American Insurance Company (Threlkeld, Christopher)
January 9, 2009	Filing 45 NOTICE of Appearance by Joseph R. Brown, Jr on behalf of Ace American Insurance Company (Brown, Joseph)
January 7, 2009	Filing 44 MOTION to Strike #38 Answer to Third Party Complaint Affirmative Defenses by Wal-Mart Stores, Inc.. (Bas, Jamie)
January 6, 2009	Filing 43 ORDER granting in part and denying in part #41 Motion to extend Discovery Deadlines and Request for a New Trial Date. Signed by Magistrate Judge Clifford J. Proud on 1/5/09. (amv)
January 6, 2009	Set/Reset Deadlines: Discovery due by 6/8/2009. Dispositive Motions due by 6/23/2009. Set/Reset Hearings: Settlement Conference set for 8/25/2009 at 9:30 AM in East St. Louis Court House before Magistrate Judge Clifford J. Proud. (amv)
January 5, 2009	Filing 42 ORDER SETTING DEADLINES re #39 MOTION to Strike: The Court hereby SETS the following deadlines. Gorilla, Inc.'s response to the motion to strike (Doc. 39) shall be filed no later than January 30, 2009. Wal-Mart's reply, if any, shall be filed no later than February 13, 2009. Signed by Judge Michael J. Reagan on 1/5/2009.(djp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
December 30, 2008	Filing 41 MOTION for Discovery Deadline Extension and Request for New Trial Date by Wal-Mart Stores, Inc.. (DeFranco, James)
December 29, 2008	Filing 40 ANSWER TO AFFIRMATIVE DEFENSES re #9 by Wal-Mart Stores, Inc.. (Bas, Jamie)
December 29, 2008	Filing 39 MOTION to Strike #35 Answer to Third Party Complaint by Wal-Mart Stores, Inc.. (Bas, Jamie)
December 17, 2008	Filing 38 TRIMAS CORPORATION AND CEQUENT CONSUMER PRODUCTS, INC.'S ANSWER to #23 Third Party Complaint, ADDITIONAL DEFENSES AND JURY DEMAND by Trimas Corporation, Cequent Consumer, Inc.(Searby, Edmund)
December 17, 2008	Filing 37 Summons Returned Unexecuted by Wal-Mart Stores, Inc. as to Integrated Safety LLC. (Bas, Jamie)
December 10, 2008	Filing 36 Alias Third Party Summons Issued as to Integrated Safety LLC. (tkm )
December 8, 2008	Filing 35 ANSWER to #23 Third Party Complaint, with Special and/or Affirmative Defenses by Gorilla, Inc.(Hunsaker, Richard)
November 23, 2008	Filing 34 ORDER granting #33 Motion for Extension of Time to Answer ; granting #31 Motion for Extension of Time to Answer. Responses due 12/17/08. Signed by Magistrate Judge Clifford J. Proud on 11/21/08. (amv)
November 19, 2008	Filing 33 MOTION for Extension of Time to File Answer re #23 Third Party Complaint, by Gorilla, Inc. (Hunsaker, Richard)
November 19, 2008	Filing 32 NOTICE of Appearance by Richard K. Hunsaker on behalf of Gorilla, Inc (Hunsaker, Richard)
November 18, 2008	Filing 31 MOTION for Extension of Time to File Answer re #23 Third Party Complaint, or Otherwise Plead by Trimas Corporation, Cequent Consumer, Inc. (Jacoby, John)
November 17, 2008	Filing 30 SUMMONS Returned Executed by Wal-Mart Stores, Inc.. Ace American Insurance Company served on 11/4/2008, answer due 11/24/2008. (Bas, Jamie)
November 10, 2008	Filing 29 SUMMONS Returned Executed by Wal-Mart Stores, Inc.. Gorilla, Inc served on 11/3/2008, answer due 11/24/2008. (Bas, Jamie)
November 5, 2008	Filing 28 SUMMONS Returned Executed by Wal-Mart Stores, Inc.. New Day Enterprises, Inc served on 10/30/2008, answer due 11/19/2008. (Bas, Jamie)
November 5, 2008	Filing 27 SUMMONS Returned Executed by Wal-Mart Stores, Inc.. Great Day, Inc served on 10/30/2008, answer due 11/19/2008. (Bas, Jamie)
November 5, 2008	Filing 26 SUMMONS Returned Executed by Wal-Mart Stores, Inc.. Cequent Consumer, Inc served on 10/29/2008, answer due 11/18/2008. (Bas, Jamie)
November 5, 2008	Filing 25 SUMMONS Returned Executed by Wal-Mart Stores, Inc.. Trimas Corporation served on 10/29/2008, answer due 11/18/2008. (Bas, Jamie)
October 21, 2008	Filing 24 Summons Issued as to Trimas Corporation, Cequent Consumer, Inc., Ace American Insurance Company, Great Day, Inc., New Day Enterprises, Inc., Integrated Safety LLC, Gorilla, Inc. (lmt)
October 21, 2008	Filing 23 THIRD PARTY COMPLAINT against Trimas Corporation, Cequent Consumer, Inc, Ace American Insurance Company, Great Day, Inc, New Day Enterprises, Inc, Integrated Safety LLC, Gorilla, Inc, filed by Wal-Mart Stores, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Bas, Jamie)
October 21, 2008	Filing 22 ORDER granting #21 Motion for Leave to File Third Party Complaint. Third Party Complaint due by 10/27/08. Signed by Magistrate Judge Clifford J. Proud on 10/20/08. (amv)
October 20, 2008	Filing 21 MOTION for Leave to File Third Party Complaint by Wal-Mart Stores, Inc.. (Bas, Jamie)
May 28, 2008	Filing 20 ORDER clarifying that the Final Pretrial Conference is set for 9/18/2009 at 10:00 AM in East St. Louis Court House before Judge Michael J. Reagan. Signed by Judge Michael J. Reagan on 5/28/08. (acm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
May 27, 2008	Filing 19 ORDER granting #16 Motion for Extension of Time to Complete Discovery. Discovery deadline 4/1/09, Dispositive Motion deadline 5/1/09. Settlement Conference reset for 7/28/09 at 9:30 am before Mag/Judge Proud, Final Pretrial Conference reset 9/18/09 at 10:00 am before Judge Reagan, Jury trial reset 10/5/09 at 9:00 am before Judge Reagan. Signed by Magistrate Judge Clifford J. Proud on 5/23/08. (Attachments: #1 Joint Report of the Parties) (amv)
May 27, 2008	Filing 18 ORDER granting #17 Motion to Substitute Attorney. Attorney Peter J. Maag terminated. Signed by Magistrate Judge Clifford J. Proud on 5/23/08. (amv)
May 27, 2008	Set/Reset Deadlines: Discovery due by 4/1/2009. Dispositive Motions due by 5/1/2009. Set/Reset Hearings: Final Pretrial Conference set for 9/10/2009 10:00 AM in East St. Louis Court House before Judge Michael J. Reagan. Jury Trial set for 10/5/2009 09:00 AM in East St. Louis Court House before Judge Michael J. Reagan. Settlement Conference set for 7/28/2009 09:30 AM in East St. Louis Court House before Magistrate Judge Clifford J. Proud. (amv)
May 23, 2008	Filing 17 MOTION to Substitute Attorney by Wal-Mart Stores, Inc.. (Bas, Jamie)
May 22, 2008	Filing 16 Joint MOTION for Extension of Time to Complete Discovery and Request For New Trial Date by Wal-Mart Stores, Inc.. (DeFranco, James)
February 8, 2008	Set/Reset Hearings: Settlement Conference is reset for 11/20/08 at 9:30 am before Magistrate Judge Clifford J. Proud. Settlement statements are due on or before 11/6/08. (amv)
December 6, 2007	Filing 15 NOTICE of Hearing:Settlement Conference set for 11/19/2008 09:30 AM in East St. Louis Court House before Mag/Judge Clifford J. Proud. (amv)
December 5, 2007	Filing 14 SCHEDULING ORDER:Discovery due by 7/11/2008. Dispositive Motions due by 8/22/2008. Signed by Judge Clifford J. Proud on 12/5/07. (amv)
December 5, 2007	Filing 13 Minute Entry for proceedings held before Judge Clifford J. Proud : The Court has received separate Joint Reports from each party. The Court cancels the Telephone Scheduling Conference set 12/11/07. (Court Reporter n/a.) (amv)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
November 15, 2007	Filing 12 NOTICE of Appearance by Peter J. Maag on behalf of Wal-Mart Stores, Inc. (Maag, Peter)
November 15, 2007	Filing 11 NOTICE of Scheduling and Discovery Conference: Telephone Scheduling/Discovery Conference set for 12/11/2007 09:30 AM in East St. Louis Court House before Mag/Judge Clifford J. Proud. (amv)
November 14, 2007	Filing 10 CJRA TRACK B assigned:Final Pretrial Conference set for 12/5/2008, 10:00 AM in East St. Louis Court House before Judge Michael J. Reagan. Jury Trial set for 12/15/2008, 09:00 AM in East St. Louis Court House before Judge Michael J. Reagan. Assigned by Judge Michael J. Reagan on 11/14/07. (acm) Modified on 11/14/2007 (acm).
November 5, 2007	Filing 9 ANSWER to Complaint with Jury Demand by Wal-Mart Stores, Inc..(DeFranco, James)
October 26, 2007	Filing 8 Motion and Order to Appear Pro Hac Vice granting appearance of Attorney I. Peter Polansky for Brent Kessler. $100.00 fee paid,receipt number 34625002172 (tkm )
October 26, 2007	Filing 7 Motion and Order to Appear Pro Hac Vice granting appearance of Attorney Ruth A. Batey for Brent Kessler. $100.00 fee paid,receipt number 34625002171 (tkm)
October 12, 2007	Filing 6 Summons Issued as to Wal-Mart Stores, Inc. (dmw)
September 14, 2007	Filing 5 NOTICE OF ERRORS AND/OR DEFICIENCIES re #4 Supplement filed by Brent Kessler. See attached document for specifics (tkm)
September 14, 2007	Filing 4 SUPPLEMENT by Brent Kessler. Supplement to #2 Complaint (Civil Cover Sheet). (Hart, Richard)
September 14, 2007	Filing 3 NOTICE of Appearance by Richard O. Hart on behalf of Brent Kessler (Hart, Richard)
September 14, 2007	Filing 2 COMPLAINT against Wal-Mart Stores, Inc. (Filing fee $ 350.), filed by Brent Kessler.(Hart, Richard)
September 13, 2007	Filing 1 Case Opened. Filing fee paid $ 350.00, Receipt Number 44625000064. Documents may now be electronically filed. Case number 07-647-MJR must be placed on all documents prior to filing them electronically. (Attachments: #1 Consent to Magistrate Judge)(bkl)

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Search for this case: Kessler v. Wal-Mart Stores, Inc.
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Plaintiff: Brent Kessler
Represented By:	Ruth A. Batey
Represented By:	I. Peter Polansky
Represented By:	Richard O. Hart
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Defendant: Walmart Inc.
Represented By:	James E. DeFranco
Represented By:	Darrell J. Flesner
Represented By:	Jamie L. Bracewell
Represented By:	Peter J. Maag
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Defendant: Trimas Corporation
Represented By:	Michael L. Snyder
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3rd party defendant: Ace American Insurance Company
Represented By:	Philip W. Domagalski
Represented By:	Christopher P. Threlkeld
Represented By:	Christopher A. Wadley
Represented By:	Edward P. Gibbons
Represented By:	Joseph R. Brown, Jr.
Represented By:	Debra Kelly Zahalsky
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3rd party defendant: Cequent Consumer, Inc
Represented By:	Edmund W. Searby
Represented By:	John P. Jacoby
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3rd party defendant: Great Day, Inc
Represented By:	Barry B. Sutton
Represented By:	John R. Prew
Represented By:	Milton S. Karfis
Represented By:	Richard K. Hunsaker
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3rd party defendant: New Day Enterprises, Inc
Represented By:	Barry B. Sutton
Represented By:	John R. Prew
Represented By:	Milton S. Karfis
Represented By:	Richard K. Hunsaker
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3rd party defendant: Integrated Safety LLC
Represented By:	John R. Prew
Represented By:	Melanie E. Riley
Represented By:	Richard K. Hunsaker
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3rd party defendant: Gorilla, Inc
Represented By:	John R. Prew
Represented By:	Barry B. Sutton
Represented By:	Milton S. Karfis
Represented By:	Richard K. Hunsaker
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3rd party defendant: Trimas Corporation doing business as Highland Group Industries
Represented By:	Michael L. Snyder
Represented By:	Jennifer D. Armstrong
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3rd party defendant: Cequent Consumer, Inc doing business as Highland Group Industries
Represented By:	Michael L. Snyder
Represented By:	Edmund W. Searby
Represented By:	Jennifer D. Armstrong
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