Leep HYU v. Hyundai Motors America, et al
| Leep HYU, LLC and Lujack Hyundai |
| Green Family Holdings LLC, Green Chevrolet Buick Pontiac Inc, Hyundai Motors America and Green Family Hyundai Inc |
| 3:2011cv00081 |
| June 22, 2011 |
| US District Court for the Southern District of Iowa |
| Davenport Office |
| Scott |
| Ross A Walters |
| Charles R Wolle |
| Contract: Franchise |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 4, 2012. A more recent docket listing may be available from PACER.
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| PUBLIC DOCKET ANNOTATION - Exhibit withdraw deadline has pasted. Exhibits destroyed and shredded. (bp ) |
| PUBLIC DOCKET ANNOTATION - Exhibit withdraw deadline has pasted. All parties exhibits shredded or destroyed this date. (bp ) |
| Filing 152 EXHIBIT WITHDRAWAL LETTER sent to the parties. Withdrawal of Exhibits due by 4/16/2012. (Attachments: #1 Receipt for Exhibits) (bp ) |
| Filing 151 TRANSCRIPT of Proceedings held on 12/13/2012 before Judge Wolle. Court Reporter: Terri L. Martin, Telephone Number: 515.284.6444. Page No(s).: 157-237. Transcript may be viewed at court public terminal or purchased through Court Reporter before deadline for Release of Transcript Restriction. After that date it may be obtained through court reporter, Clerk's Office, or PACER. Redaction Request due 3/19/2012. Redacted Transcript Deadline set for 3/29/2012. Release of Transcript Restriction set for 5/29/2012. (Martin, Terri) |
| Filing 150 TRANSCRIPT of Proceedings held on 12/12/2011 before Judge Wolle. Court Reporter: Terri L. Martin, Telephone Number: 515.284.6444. Page No(s).: 1-156. Transcript may be viewed at court public terminal or purchased through Court Reporter before deadline for Release of Transcript Restriction. After that date it may be obtained through court reporter, Clerk's Office, or PACER. Redaction Request due 3/19/2012. Redacted Transcript Deadline set for 3/29/2012. Release of Transcript Restriction set for 5/29/2012. (Martin, Terri) |
| Filing 149 MANDATE of USCA as to #144 Notice of Appeal filed by Leep HYU, LLC. (vr) |
| Filing 148 JUDGMENT of USCA granting joint stipulation to dismiss appeal as to #144 Notice of Appeal filed by Leep HYU, LLC. Mandate to issue in Forthwith. (vr) |
| Filing 147 USCA Scheduling Order as to #144 Notice of Appeal filed by Leep HYU, LLC. (vr) |
| Filing 146 USCA Case Number 12-1307 for #144 Notice of Appeal filed by Leep HYU, LLC. (vr) |
| Filing 145 NOTIFICATION OF APPEAL and NOA Supplement by District Court Clerk to USCA re #144 Notice of Appeal filed on 1/30/2012. (Attachments: #1 Form A) (vr) |
| Filing 144 NOTICE OF APPEAL by Leep HYU, LLC. Fee paid in the amount of $455 receipt number 0863-1628748. (Attachments: #1 Supplement Supplement to Notice of Appeal, #2 Appelant's Form A)(Radig, James) |
| Filing 143 PARTIAL TRANSCRIPT of Proceedings held on 12/12/2011, Testimony of Edward Stockton, before Judge Wolle. Court Reporter/Transcriber: Terri L. Martin, Telephone Number: 515.284.6444. Page No(s).: 1-26. Transcript may be viewed at court public terminal or purchased through Court Reporter/Transcriber before deadline for Release of Transcript Restriction. After that date it may be obtained through court reporter, Clerk's Office, or PACER.. Redaction Request due 2/2/2012. Redacted Transcript Deadline set for 2/13/2012. Release of Transcript Restriction set for 4/12/2012. (Martin, Terri) |
| Filing 142 JUDGMENT in favor of Green Family Holdings LLC, Green Family Hyundai Inc, Hyundai Motors America against Leep HYU, LLC. Signed by Brian Phillips, Deputy Clerk for Marjorie Krahn on 12/30/11. (bp ) |
Filing 141
ORDER denying #139 Motion for Judgment as a Matter of Law; denying #140 Motion for Judgment as a Matter of Law. The Clerk of Court shall enter judgment for defendants Hyundai Motors America, Green Family Hyundai, Inc., and Green Family Holdings, LLC, dismissing plaintiff's lawsuit with prejudice at plaintiff's costs. Signed by Senior Judge Charles R. Wolle on 12/30/2011. (alb)
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Filing 138
TEXT ORDER. All discovery shall be completed by March 15, 2012. A bench trial on all remaining issues will be held commencing at 9:00 a.m. on April 9, 2012, or as soon thereafter as this case can be reached for trial at the United States Courthouse in Davenport, Iowa. Signed by Senior Judge Charles R. Wolle on 12/14/2011. (alb)
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| Set Bench Trial: Bench Trial is set for 4/9/2012 at 09:00 AM in Davenport Courthouse before Senior Judge Charles R. Wolle. (dmh) |
| Filing 137 Exhibit List. (dmh) |
| Filing 136 Witness List. (dmh) |
| Filing 135 Minute Entry for proceedings held before Senior Judge Charles R. Wolle. Second and Final Day of Bench Trial on 12/13/2011. (Court Reporter Terri Martin) (dmh) |
| Filing 140 ORAL MOTION for Judgment as a Matter of Law filed by Green Family Hyundai Inc. and Green Family Holdings LLC. (dmh) |
| Filing 139 ORAL MOTION for Judgment as a Matter of Law by Hyundai Motors America. (dmh) |
| Filing 134 Minute Entry for proceedings held before Senior Judge Charles R. Wolle: Day One of Bench Trial held on 12/12/2011. (Court Reporter Terri Martin) (dmh) |
| Filing 133 Proposed Findings of Fact by Leep HYU, LLC. (Radig, James) |
| Filing 132 NOTICE by Green Family Holdings LLC, Green Family Hyundai Inc re #128 Proposed Decree Green's Joinder in Hyundai's Proposed Decree (Waterman, Robert) |
| Filing 131 ANSWER to #125 Amended Complaint by Green Family Holdings LLC, Green Family Hyundai Inc.(Waterman, Robert) |
| Filing 130 MOTION for Court to Take Judicial Notice at Trial by Leep HYU, LLC.Motions referred to Ross A. Walters. Responses due by 12/30/2011 (Attachments: #1 Exhibit A - documents for judicial notice)(Radig, James) |
| Filing 129 NOTICE by Leep HYU, LLC of Change to Witness LIst (Radig, James) |
| Filing 128 PROPOSED DECREE by Hyundai Motors America. (McNellie, Elizabeth) |
| Filing 127 RESPONSE to Motion re #124 MOTION in Limine to Exclude Testimony of Plaintiff's Proposed Expert Witness, Ted Stockton filed by Leep HYU, LLC. Replies due by 12/19/2011. (Attachments: #1 Exhibit A - Expert Interrogatory Answer)(Radig, James) |
| Filing 126 Exhibit List Supplemental by Green Family Holdings LLC, Green Family Hyundai Inc. (Attachments: #1 Exhibit)(Waterman, Robert) |
| Filing 125 SECOND AMENDED COMPLAINT against Green Family Holdings LLC, Green Family Hyundai Inc, Hyundai Motors America filed by Leep HYU, LLC. (bp ) |
| Filing 124 MOTION in Limine to Exclude Testimony of Plaintiff's Proposed Expert Witness, Ted Stockton by Hyundai Motors America. Responses due by 12/27/2011 (Attachments: #1 Exhibit A - Expert Report of Edward M. Stockton, MS)(McNellie, Elizabeth) |
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Filing 123
TEXT ORDER Setting Hearing on Motion #121 MOTION for Leave to Present the Testimony of Andrew Lewis via Video Transmission. Court will address the question of using video testimony of a witness at the commencement of trial on Monday, December 12, 2011, at 8:30 a.m. The witness may testify by video but, this does not address admissibility or weight of his testimony. Motion Hearing set for 12/12/2011 08:30 AM in Davenport - Room 120 - 1st Floor before Senior Judge Charles R. Wolle. Signed by Senior Judge Charles R. Wolle on 12/08/11. (bp)
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| Filing 122 RESPONSE to Motion re #120 MOTION To Exclude Tesitmony of DOT Employees filed by Green Family Holdings LLC, Green Family Hyundai Inc, Hyundai Motors America. Replies due by 12/19/2011.(Waterman, Robert) |
| Filing 121 MOTION for Leave to File by Green Family Holdings LLC, Green Family Hyundai Inc.Motions referred to Ross A. Walters. Responses due by 12/27/2011 (Attachments: #1 Brief in Support, #2 Exhibit)(Waterman, Robert) |
| Filing 120 MOTION To Exclude Tesitmony of DOT Employees by Leep HYU, LLC.Motions referred to Ross A. Walters. Responses due by 12/23/2011 (Radig, James) |
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Filing 119
ORDER FOLLOWING FINAL PRETRIAL CONFERENCE; granting #115 Motion to Amend/Correct; finding as moot #116 Motion. Signed by Senior Judge Charles R. Wolle on 12/5/2011. (alb)
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| Filing 118 Text Minute Entry for proceedings held before Senior Judge Charles R. Wolle: final pretrial conference held by telephone conference call on 12/5/2011. (Court Reporter none.) (alb) |
| Filing 117 TRIAL BRIEF by Leep HYU, LLC. (Radig, James) |
| Filing 116 MOTION For Clarification of Order re #112 Order on Motion to Continue by Leep HYU, LLC.Motions referred to Ross A. Walters. Responses due by 12/22/2011 (Radig, James) |
| Filing 115 MOTION to Amend/Correct #33 Amended Complaint by Leep HYU, LLC.Motions referred to Ross A. Walters. Responses due by 12/22/2011 (Attachments: #1 Plaintiff's Proposed Second Amended Complaint)(Radig, James) |
| Filing 114 Proposed Pretrial Order by Leep HYU, LLC. (Radig, James) |
| Filing 113 TRIAL BRIEF by Hyundai Motors America. (McNellie, Elizabeth) |
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Filing 112
ORDER denying #105 Motion to Continue, bifurcating trial. The undersigned judge will preside at the 12/5/11 fptc. Signed by Senior Judge Charles R. Wolle on 11/30/2011. (alb)
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| Filing 111 Text Minute Entry for proceedings held before Senior Judge Charles R. Wolle: hearing on motion to continue trial held by telephone conference call on 11/30/2011. Arguments heard. Matter deemed submitted for ruling. (Court Reporter Jackie Sinnott) (alb) |
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Filing 110
ORDER setting hearing on resisted motion to continue trial. Hearing will be held by telephone conference call placed by the court to counsel of record at 9:00 a.m. on 11/30/11. Signed by Senior Judge Charles R. Wolle on 11/29/2011. (alb)
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| Filing 109 RESPONSE to Motion re #105 MOTION to Continue Trial and Request for Expedited Hearing Resistance to Plaintiff's Motion to Continue Trial filed by Green Family Holdings LLC, Green Family Hyundai Inc. Replies due by 12/9/2011. (Attachments: #1 Exhibit, #2 Exhibit)(Waterman, Robert) |
| Filing 108 ANSWER to #33 Amended Complaint by Green Family Holdings LLC, Green Family Hyundai Inc.(Waterman, Robert) |
| Filing 107 RESPONSE to Motion re #105 MOTION to Continue Trial and Request for Expedited Hearing filed by Hyundai Motors America. Replies due by 12/9/2011.(McNellie, Elizabeth) |
| Set Hearing: Motion Hearing set for 11/30/2011 09:00 AM in Phone Hearing before Senior Judge Charles R. Wolle. (bp ) |
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Filing 106
TEXT ORDER: ORDER ACCELERATING RESPONSE TIME. Any response to plaintiff's Motion to Continue Trial #105 shall be filed by noon on Tuesday, November 29, 2011. Signed by Magistrate Judge Ross A. Walters on 11/23/2011. (nsr)
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| Filing 105 MOTION to Continue Trial and Request for Expedited Hearing by Leep HYU, LLC.Motions referred to Ross A. Walters. Responses due by 12/12/2011 (Attachments: #1 Memorandum in Support of Motion to Continue Trial)(Radig, James) |
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Filing 104
ORDER denying #56 Motions for Summary Judgment; denying #91 Motion to Exclude; denying #92 Motion to Strike; granting #97 Motion for Leave to File. Signed by Senior Judge Charles R. Wolle on 11/22/2011. (alb)
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| Filing 103 ANSWER to #40 Answer to Counterclaim by Leep HYU, LLC. (bp ) |
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Filing 102
ORDER granting #89 plaintiff's Motion for Leave to File Answer to Counterclaim. The case manager should detach and file Answer to Counterclaim attached to the motion. Signed by Magistrate Judge Ross A. Walters on 11/21/2011. (kln)
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Filing 101
TEXT ORDER: ORDER granting #96 plaintiff's unresisted motion to continue final pretrial conference. The pretrial conference set for November 18, 2011 is continued and will be held on Monday, December 5, 2011, at 10:00 a.m. by telephone conference call. Counsel for plaintiff shall initiate the conference call. The Court may be reached at (515) 284-6217. All parties shall comply with the final pretrial conference requirements previously provided. Signed by Magistrate Judge Ross A. Walters on 11/17/2011. (nsr)
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| Filing 100 Text Minute Entry for proceedings held before Senior Judge Charles R. Wolle: arguments heard on joint motion for summary judgment by telephone conference call on 11/17/2011. Matter deemed submitted for ruling. (Court Reporter Eileen Hicks) (alb) |
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Filing 99
TEXT ORDER: ORDER ACCELERATING RESPONSE TIME. Any response to plaintiff's Motion to Continue Final Pretrial Conference #96 shall be filed by noon on Thursday, November 17, 2011. Signed by Magistrate Judge Ross A. Walters on 11/16/2011. (nsr)
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| Filing 98 RESPONSE to Motion re #89 MOTION for Leave to File Answer to Hyundai's Counterclaim filed by Hyundai Motors America. Replies due by 11/28/2011.(McNellie, Elizabeth) |
| Filing 97 MOTION for Leave to File Plaintiff's Supplement to Appendix to Resistance to Motion for Summary Judgment by Leep HYU, LLC.Motions referred to Ross A. Walters. Responses due by 12/5/2011 (Attachments: #1 Appendix Supplement to 83-3)(Radig, James) |
| Filing 96 MOTION to Continue Final Pretrial Conference by Leep HYU, LLC.Motions referred to Ross A. Walters. Responses due by 12/5/2011 (Radig, James) |
| Filing 95 Defendant Hyundai Motor America's REPLY re #56 its MOTION for Summary Judgment. (Attachments: #1 Supplemental Appendix) (rmj) |
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Filing 94
TEXT ORDER: ORDER granting #90 defendant Hyundai Motor America's motion to file overlength reply brief. The case manager shall detach and separately file the brief attached to the motion, linking it to Hyundai's summary judgment motion #56 as a reply. Entered by Magistrate Judge Ross A. Walters on 11/15/2011.(kln)
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| Filing 93 REPLY Defendant Hyundai Motor America's Responses to Plaintiff's Statement of Additional Material Facts re #56 MOTION for Summary Judgment filed by Hyundai Motors America.(McNellie, Elizabeth) |
| Filing 92 MOTION to Strike #83 Reply to Response Motion to Strike Certain Statements in Plaintiff's Statement of Additional Material Facts by Hyundai Motors America.Motions referred to Ross A. Walters. Responses due by 12/2/2011 (Attachments: #1 Memorandum in Support)(McNellie, Elizabeth) |
| Filing 91 MOTION to Exclude Plaintiff's Expert Witness and Strike Affidavit by Hyundai Motors America.Motions referred to Ross A. Walters. Responses due by 12/2/2011 (Attachments: #1 Memorandum in Support, #2 Exhibit Declaration of Robert J. Tucker, Esq.)(McNellie, Elizabeth) |
| Filing 90 MOTION to file overlength brief in Support of Motion for Summary Judgment by Hyundai Motors America.Motions referred to Ross A. Walters. Responses due by 12/2/2011 (Attachments: #1 Exhibit 1 - Reply in Support of Motion for Summary Judgment, #2 Exhibit 2 - Supplemental Appendix)(McNellie, Elizabeth) |
| Filing 89 MOTION for Leave to File Answer to Hyundai's Counterclaim by Leep HYU, LLC.Motions referred to Ross A. Walters. Responses due by 11/28/2011 (Attachments: #1 Answer to Counterclaim, #2 Memorandum in Support of Motion for Leave to File Answer to Counterclaim, #3 Affidavit of James Radig in support of Motion for Leave to File)(Radig, James) |
| Filing 88 Joinder re #56 Motion for Summary Judgment filed by Hyundai Motors America. (Attachments: #1 Memorandum in Support)(Waterman, Robert) |
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Filing 87
ORDER granting in part and denying in part #69 plaintiff's Motion to Compel and request for sanctions. See ruling for particulars. Signed by Magistrate Judge Ross A. Walters on 11/9/2011. (kln) (Additional attachment(s) added on 11/9/2011: #1 Errata) (kln, ).
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| Filing 86 NOTICE/BRIEF IN SUPPORT by Leep HYU, LLC re #56 motion for summary judgment. (bp ) |
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Filing 85
TEXT ORDER: ORDER granting #84 plaintiff's motion requesting leave to [file] extralength brief. The case manager may detach and separately file the brief attached to the motion, linking it to defendants' summary judgment motion #56 as a resistance brief. Entered by Magistrate Judge Ross A. Walters on 11/9/2011. (kln)
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| Filing 84 MOTION to file overlength brief in Support of Resistance to Hyundai's Motion for Summary Judgment by Leep HYU, LLC.Motions referred to Ross A. Walters. Responses due by 11/25/2011 (Attachments: #1 Memorandum in Support of Plaintiff's Resistance to Hyundai's Motion for Summary Judgment)(Radig, James) |
| Filing 83 REPLY Resistanct to re #56 MOTION for Summary Judgment filed by Leep HYU, LLC. (Attachments: #1 Response to Hyundai Statement of Material Facts, #2 Statement of Material Facts, #3 Appendix Resisting Summary Judgment)(Radig, James) |
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Filing 82
TEXT ORDER: ORDER granting #81 plaintiff's motion for a one-day extension to file its resistance. The motion states counsel for Hyundai has consented to the extension. Plaintiff shall have to and including Tuesday, November 8, 2011, to file its resistance to the motion for summary judgment #56 . Signed by Magistrate Judge Ross A. Walters on 11/8/2011. (nsr)
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| Filing 81 Unresisted MOTION for Extension of Time to File Resistance to Motion for Summary Judgment by Leep HYU, LLC.Motions referred to Ross A. Walters. Responses due by 11/25/2011 (Radig, James) |
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Filing 80
ORDER granting #45 Motion to Dismiss for Lack of Jurisdiction and denying #46 Motion to Dismiss for Lack of Jurisdiction. Signed by Senior Judge Charles R. Wolle on 11/07/11. (bp )
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| Filing 79 RESPONSE to Motion re #69 MOTION to Compel Discovery Memorandum in Opposition to Plaintiff's Motion to Compel filed by Hyundai Motors America. Replies due by 11/17/2011. (Attachments: #1 Exhibit A - Declaration of Robert J. Tucker)(McNellie, Elizabeth) |
| Filing 78 RESPONSE to Motion re #46 MOTION to Dismiss for Lack of Jurisdiction, #45 MOTION to Dismiss for Lack of Jurisdiction Supplemental Reply to Plaintiff's Resitance to Motion to Dismiss filed by Green Family Holdings LLC, Green Family Hyundai Inc. Replies due by 11/14/2011.(Waterman, Robert) |
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Filing 77
TEXT ORDER: ORDER ACCELERATING RESPONSE TIME. Any resistance to "Plaintiff's Request for Expedited Hearing on Plaintiff's Motion to Compel Discovery from Hyundai Motors America and Request for Sanctions #76 shall be filed by the close of business on Friday, November 4, 2011. Signed by Magistrate Judge Ross A. Walters on 10/31/2011. (nsr)
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| Filing 76 MOTION to Expedite Hearing on Motion to Compel Discovery from Hyundai Motors America and Request for Sanctions by Leep HYU, LLC.Motions referred to Ross A. Walters. Responses due by 11/17/2011 (Arenson, James) |
| Filing 75 Text Minute Entry for proceedings held before Senior Judge Charles R. Wolle: motions to dismiss heard by telephone conference call on 10/28/2011. Matters deemed submitted for ruling. Motion for summary judgment will be heard by telephone conference call placed by the court to counsel of record at 9:00 a.m. on 11/17/11.(Court Reporter Theresa Kunkel) (alb) |
| Set Hearing: Motion Hearing set for 11/17/2011 09:00 AM in Phone Hearing before Senior Judge Charles R. Wolle. (bp ) |
| Filing 74 RESPONSE to Motion re #46 MOTION to Dismiss for Lack of Jurisdiction Supplemental Brief filed by Leep HYU, LLC. Replies due by 11/7/2011. (Attachments: #1 Exhibit A, #2 Exhibit B)(Arenson, James) |
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Filing 73
TEXT ORDER. The hearing scheduled to be held at 9:30 a.m. on 10/28/11 will instead be held by telephone conference call placed by the court to counsel of record at 10:00 a.m. on that date. Signed by Senior Judge Charles R. Wolle on 10/26/2011. (alb)
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| Filing 72 NOTICE of Appearance by Daniel S Churchill on behalf of Green Family Holdings LLC, Green Family Hyundai Inc (Churchill, Daniel) |
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Filing 71
TEXT ORDER denying #58 plaintiff's Motion to Continue. See ruling #70 . Signed by Magistrate Judge Ross A. Walters on 10/24/2011. (kln)
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Filing 70
ORDER granting in part and denying in part #57 plaintiff's Motion to Compel and denying #58 plaintiff's motion for extension of discovery regarding personal jurisdiction and rescheduling hearing. See ruling for particulars. Signed by Magistrate Judge Ross A. Walters on 10/24/2011. (kln)
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| Filing 69 MOTION to Compel Discovery by Leep HYU, LLC.Motions referred to Ross A. Walters. Responses due by 11/10/2011 (Attachments: #1 Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Brief in Support)(Arenson, James) |
| Filing 68 REPLY re #46 MOTION to Dismiss for Lack of Jurisdiction filed by Defendants. (rmj) |
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Filing 67
TEXT ORDER: ORDER granting #65 defendants Green Family Hyundai and Green Family Holdings' unopposed motion to extend time for filing reply to plaintiff's resistance to motion to dismiss. The case manager shall detach and file the reply attached to the motion, linking it to defendants' motion #46 as a reply. Entered by Magistrate Judge Ross A. Walters on 10/21/2011. (kln)
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| Filing 66 TEXT Minute Entry for proceedings held before Magistrate Judge Ross A. Walters: Motion Hearing held on 10/21/2011 re #57 MOTION to Compel Discovery filed by Leep HYU, LLC, #58 MOTION to Continue Discovery Deadline and Hearing on Motion to Dismiss filed by Leep HYU, LLC. Attorney Jim Radig appeared for LEEP. Attorneys Bob Waterman and Dan Churchill for Green defendants; attorneys Elizabeth McNellie and Robert Tucker for Hyundai. Motion taken under advisement. (Court Reporter Edie Daniels.) (kln) |
| Filing 65 MOTION for Extension of Time to File Reply to Plaintiff's Resistance by Green Family Holdings LLC, Green Family Hyundai Inc.Motions referred to Ross A. Walters. Responses due by 11/7/2011 (Attachments: #1 Brief in Support)(ORourke, Jason) |
| Filing 64 RESPONSE to Motion re #58 MOTION to Continue Discovery Deadline and Hearing on Motion to Dismiss filed by Green Family Holdings LLC, Green Family Hyundai Inc. Replies due by 10/31/2011. (Attachments: #1 Exhibit A)(Waterman, Robert) |
| Filing 63 RESPONSE to Motion re #57 MOTION to Compel Discovery filed by Green Family Holdings LLC, Green Family Hyundai Inc. Replies due by 10/31/2011. (Attachments: #1 Exhibit A)(Waterman, Robert) |
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Filing 62
TEXT ORDER Re-Setting Hearing on Motion #57 plaintiff's MOTION to Compel Discovery : At request of counsel Motion Hearing is re-set for 10/21/2011 at 10:00 AM in Phone Hearing before Magistrate Judge Ross A. Walters. Counsel should call the Court's "Meet-Me" conference line (515-284-6267) and at the prompt enter 116267 to be connected to the call. Signed by Magistrate Judge Ross A. Walters on 10/19/2011. (kln)
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Filing 60
TEXT ORDER: The telephone conference hearing on the Motion to Compel and Request for Sanctions #57 will be held at 11:00 a.m. on Friday, October 21, 2011, instead of 2:00 p.m. on that date. Counsel should call the Court's "Meet-Me" conference line (515.284.6267) and at the prompt enter 116267 to be connected to the call. Signed by Magistrate Judge Ross A. Walters on 10/17/2011. (nsr)
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Filing 59
TEXT ORDER: ORDER ACCELERATING RESPONSE TIME AND SETTING HEARING. Plaintiff has filed a Motion to Compel Discovery and Request for Sanctions #57 . Any response to the motion shall be filed by the close of business on Thursday, October 20, 2011. The Court will hold a hearing on the motion by telephone conference call on Friday, October 21, 2011, at 2:00 p.m. Counsel should call the Court's "Meet-Me" conference line (515.284.6267) and at the prompt enter 116267 to be connected to the conference call. Signed by Magistrate Judge Ross A. Walters on 10/17/2011. (nsr)
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| Filing 58 MOTION to Continue Discovery Deadline and Hearing on Motion to Dismiss by Leep HYU, LLC.Motions referred to Ross A. Walters. Responses due by 11/3/2011 (Radig, James) |
| Set/Reset Hearing: Motion Hearing #57 set for 10/21/2011 at 11:00 AM by Phone Hearing before Magistrate Judge Ross A. Walters. (nsr) |
| Filing 57 MOTION to Compel Discovery by Leep HYU, LLC.Motions referred to Ross A. Walters. Responses due by 10/31/2011 (Attachments: #1 Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Brief in Support)(Arenson, James) |
| Filing 56 MOTION for Summary Judgment by Hyundai Motors America. Responses due by 11/7/2011 (Attachments: #1 Memorandum in Support, #2 Statement of Undisputed Facts, #3 Appendix part 1 of 2, #4 Appendix part 2 of 2)(McNellie, Elizabeth) |
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Filing 55
ORDER Granting as Modified #54 - Protective Order. See modifications on pages 5 and 7 which states on page 7 "electronically under seal in conformity with LR 5.c." Signed by Magistrate Judge Ross A. Walters on 9/30/2011. (nsr)
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| Filing 54 STIPULATION Proposed Stipulated and Consent Protective Order by Green Chevrolet Buick Pontiac Inc, Green Family Holdings LLC, Green Family Hyundai Inc, Hyundai Motors America, Leep HYU, LLC. (Tucker, Robert) |
| Filing 53 RESPONSE to Motion re #45 MOTION to Dismiss for Lack of Jurisdiction filed by Leep HYU, LLC. Replies due by 10/6/2011.(Arenson, James) |
| Filing 52 RESPONSE to Motion re #46 MOTION to Dismiss for Lack of Jurisdiction filed by Leep HYU, LLC. Replies due by 10/3/2011. (Attachments: #1 Brief in Support)(Arenson, James) |
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Filing 51
ORDER SETTING FINAL PRETRIAL CONFERENCE: Final Pretrial Conference set for 11/18/2011 at 9:00 AM by Phone Hearing before Magistrate Judge Ross A. Walters. See order for particulars. Signed by Magistrate Judge Ross A. Walters on 9/22/2011. (nsr)
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| Set Deadlines/Hearing: Discovery due by 10/14/2011. Telephone Conference set for 10/28/2011 09:30 AM in Phone Hearing before Senior Judge Charles R. Wolle. (bp ) |
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Filing 50
ORDER granting #39 Motion to Continue. The final pretrial conference is canceled. Trial is rescheduled to commence at 9 a.m. on 12/12/11 at the U.S. Courthouse in Davenport, Iowa. The parties may file motions for summary judgment. Discovery on jurisdictional issues shall be completed by 10/14/11. Hearing on motions to dismiss will be held by telephone conference call placed by the court to counsel of record at 9:30 a.m. on 10/28/11. Signed by Senior Judge Charles R. Wolle on 9/19/2011. (alb)
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| Filing 49 Text Minute Entry for proceedings held before Senior Judge Charles R. Wolle: hearing on motion to continue held by conference call on 9/19/2011. Arguments heard; order to follow. (Court Reporter Edie Daniels) (alb) |
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Filing 48
TEXT ORDER. The hearing scheduled to be held at 10:00 a.m. on this date will instead be held at 11:30 a.m., with the court placing the conference call to counsel. Counsel for plaintiff shall e-mail to the court (ann_beneke@iasd.uscourts.gov) a phone number at which they can be reached for the hearing. Signed by Senior Judge Charles R. Wolle on 9/19/2011. (alb)
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| Filing 47 RESPONSE to Motion re #39 First MOTION to Continue the Trial Date filed by Leep HYU, LLC. Replies due by 9/26/2011.(Radig, James) |
| Filing 46 MOTION to Dismiss for Lack of Jurisdiction by Green Family Holdings LLC, Green Family Hyundai Inc. Responses due by 9/29/2011 (Attachments: #1 Brief in Support, #2 Exhibit A - Affidavit)(Waterman, Robert) |
| Filing 45 MOTION to Dismiss for Lack of Jurisdiction by Green Chevrolet Buick Pontiac Inc. Responses due by 9/29/2011 (Attachments: #1 Brief in Support, #2 Exhibit A - Affidavit)(Waterman, Robert) |
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Filing 44
TEXT ORDER: ORDER granting #43 defendant Green Chevrolet-Buick-Pontiac Inc.'s motion for extension of time to answer or otherwise plead to plaintiff's amended complaint. Defendant Green CBP shall have until 9/16/2011 to move or plead in response to the amended complaint. Entered by Magistrate Judge Ross A. Walters on 9/12/2011. (kln)
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| Set/Reset Deadlines: Green Chevrolet Buick Pontiac Inc answer due 9/16/2011. (kln) |
| Filing 43 MOTION for Extension of Time to File Responsive Pleading by Green Chevrolet Buick Pontiac Inc.Motions referred to Ross A. Walters. Responses due by 9/26/2011 (ORourke, Jason) |
| Filing 42 Errata Amended Complaint re #33 Amended Complaint filed by Leep HYU, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 9, #7 Exhibit 17, #8 Exhibit 18, #9 Exhibit 19, #10 Exhibit 20)(Arenson, James) |
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Filing 41
TEXT ORDER. Hearing on the motion to continue trial will be held by telephone conference call placed by the court to counsel of record at 10:00 a.m. on 9/19/11. Signed by Senior Judge Charles R. Wolle on 9/2/2011. (alb)
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| Filing 40 Defendant Hyundai Motor America's ANSWER to #33 Amended Complaint, COUNTERCLAIM against Leep HYU, LLC by Hyundai Motors America.(Tucker, Robert) |
| Set Hearing: Motion Hearing set for 9/19/2011 10:00 AM in Phone Hearing before Senior Judge Charles R. Wolle. (bp ) |
| Filing 39 First MOTION to Continue the Trial Date by Hyundai Motors America.Motions referred to Ross A. Walters. Responses due by 9/16/2011 (Attachments: #1 Memorandum in Support of Motion to Continue Trial Date)(Tucker, Robert) |
| Filing 38 Text Minute Entry for proceedings held before Magistrate Judge Ross A. Walters: Status Conference held on 8/26/2011. (kln) |
| Filing 37 SUMMONS Returned Executed by Leep HYU, LLC. Green Family Hyundai Inc served on 8/22/2011, answer due 9/12/2011. (Arenson, James) |
| Filing 36 SUMMONS Returned Executed by Leep HYU, LLC. Green Family Holdings LLC served on 8/22/2011, answer due 9/12/2011. (Arenson, James) |
| Filing 35 SUMMONS Returned Executed by Leep HYU, LLC. Green Chevrolet Buick Pontiac Inc served on 8/19/2011, answer due 9/9/2011. (Arenson, James) |
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Filing 34
TEXT ORDER: ORDER SETTING STATUS CONFERENCE. On Friday, August 26, 2011, at 10:00 a.m., the Court will hold a status conference by telephone conference call with counsel. Counsel should call the Court's "Meet-Me" conference call line (515/284-6267) and at the prompt enter 116267 to be connected to the call. Signed by Magistrate Judge Ross A. Walters on 8/22/2011. (nsr)
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| Filing 33 AMENDED COMPLAINT against All Defendants filed by Leep HYU, LLC. (rmj) |
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Filing 32
TEXT ORDER: ORDER granting #25 #26 plaintiff's amended Motion for Leave to Amend Complaint. Defendant has filed a "Notice of Non-Opposition to Motion to File Amended Complaint and Requests for a Status Conference #30 . The case manager shall detach and separately file "Plaintiff's Amended Complaint," attached to the motion #26 filed August 5, 2011. The Court will set a status conference by separate order. Signed by Magistrate Judge Ross A. Walters on 8/15/2011. (nsr)
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| Filing 31 Motion for Status Conference and NOTICE by Hyundai Motors America of Assertion of Potential Constitutional Challenge (Attachments: #1 Exhibit Answer of Hyundai to Plaintiff's Complaint)(Tucker, Robert) Modified on 8/15/2011 to change event to motion. (rmj). Modified on 12/15/2011 termed motion(ljf, ). |
| Filing 30 NOTICE by Hyundai Motors America re #25 MOTION for Leave to File Amended Complaint Notice of Non-Opposition to Motion to File Amended Complaint and Request For Status Conference (Tucker, Robert) |
| Filing 29 Corporate Disclosure/Statement of Interest by Hyundai Motors America. (Tucker, Robert) |
| Filing 28 TEXT Minute Entry for Scheduling Conference held 8/8/2011 before Magistrate Judge Ross A. Walters. Participating in the conference: James Arenson and James Radig (plaintiff); Elizabeth McNellie and Robert Tucker (defendant). (nsr) |
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Filing 27
TEXT ORDER: ORDER ACCELERATING RESPONSE TIME. Any response to plaintiff's "Amended Motion for Leave to Amend Complaint" #26 shall be filed by the close of business on Friday, August 12, 2011. Signed by Magistrate Judge Ross A. Walters on 8/8/2011. (nsr)
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| Filing 26 MOTION to Amend/Correct Motion For Leave to Amend Complaint by Leep HYU, LLC.Motions referred to Ross A. Walters. ***Seeking Expedited Ruling*** Responses due by 8/22/2011 (Attachments: #1 Amended Complaint)(Arenson, James) Modified on 8/5/2011 (bp, added "Seeking expedited ruling"). |
| Filing 25 MOTION for Leave to File Amended Complaint by Leep HYU, LLC.Motions referred to Ross A. Walters. Responses due by 8/22/2011 (Attachments: #1 Proposed Amended Complaint)(Arenson, James) |
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Filing 24
TEXT ORDER: ORDER SETTING R. 16(b) PHONE CONFERENCE. The responses to my inquiry concerning a court-sponsored settlement conference leave it somewhat unclear about whether such a conference should go forward. Accordingly, I will confer with Ms. McNellie and Mr. Arenson, and any other counsel appearing of record who wishes to participate, by means of the Court's Meet-Me conference line at 9:30 a.m. on Monday, 8/8/2011. Counsel should dial (515) 284-6267 at the scheduled time and at the tone, enter the passcode 116267 to be joined to the conference. Entered by Magistrate Judge Ross A. Walters on 8/2/2011. (kln)
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| Filing 23 ANSWER to Complaint by Hyundai Motors America.(Tucker, Robert) |
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Filing 22
ORDER denying #2 Motion for Preliminary Injunction; denying #20 Motion to Supplement the Preliminary Injunction Record. Trial is scheduled to begin at 9:00 a.m. on 10/17/11 at the U.S. Courthouse in Davenport, Iowa. The court refers this case to Magistrate Judge Walters to determine whether to schedule a settlement conference. The undersigned judge will conduct a final pretrial conference by telephone conference call it will place at 9:30 a.m. on 9/28/11. Signed by Senior Judge Charles R. Wolle on 7/21/2011. (alb)
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| Set Hearing: Bench Trial set for 10/17/2011 09:00 AM in Davenport - Room 120 - 1st Floor before Senior Judge Charles R. Wolle. (bp ) |
| Set Hearing: Final Pretrial Conference set for 9/28/2011 09:30 AM in Phone Hearing before Senior Judge Charles R. Wolle. (bp ) |
| Filing 21 CERTIFICATE OF SERVICE by Leep HYU, LLC (Arenson, James) |
| Filing 20 MOTION Suuplementation of Record and Request for Judicial Notice by Leep HYU, LLC.Motions referred to Ross A. Walters. Responses due by 8/5/2011 (Attachments: #1 Memorandum in Support, #2 Exhibit 16, #3 Text of Proposed Order)(Arenson, James) |
| Filing 19 Corporate Disclosure/Statement of Interest by Leep HYU, LLC. (Arenson, James) |
| Filing 18 Text Minute Entry for proceedings held before Senior Judge Charles R. Wolle: hearing on request for preliminary injunctive relief held by telephone conference call on 7/15/2011. (Court Reporter Eileen Hicks) (alb) |
| Filing 17 REPLY, re: #2 MOTION for Preliminary Injunction and Motion for Oral Argument filed by Leep HYU, LLC. (Attachments: #1 Exhibit 10, #2 Exhibit 11, #3 Exhibit 12, #4 Exhibit 13, #5 Exhibit 14, #6 Exhibit 15) (bp ) |
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Filing 16
TEXT ORDER: ORDER granting #15 plaintiff's motion requesting leave to file reply brief longer than prescribed in L.R.7(g). The case manager shall detach and file the reply brief and attachments, linking them to the motion for preliminary injunction #2 as a reply. Entered by Magistrate Judge Ross A. Walters on 7/14/2011. (kln)
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| Filing 15 MOTION to file overlength brief by Leep HYU, LLC.Motions referred to Ross A. Walters. Responses due by 8/1/2011 (Attachments: #1 Brief in Support Reply to Doc 11, #2 Exhibit 10, #3 Exhibit 11, #4 Exhibit 12, #5 Exhibit 13, #6 Exhibit 14, #7 Exhibit 15)(Arenson, James) |
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Filing 14
TEXT ORDER: ORDER granting #13 defendant's motion for extension of time to move or plead in response to plaintiff's complaint. Plaintiff consents to the requested extension. Defendant shall have to and including 7/29/2011 to move or plead in response to the Complaint. Entered by Magistrate Judge Ross A. Walters on 7/14/2011. (kln)
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| Filing 13 Unresisted MOTION for Extension of Time to File Answer re #1 Complaint, by Hyundai Motors America.Motions referred to Ross A. Walters. (Tucker, Robert) |
| Filing 12 NOTICE of Appearance by James W Radig on behalf of Leep HYU, LLC (Radig, James) |
| Filing 11 RESPONSE to Motion re #2 MOTION for Preliminary Injunction MOTION for Hearing/Oral Argument filed by Hyundai Motors America. Replies due by 7/21/2011. (Attachments: #1 Exhibit A - Declaration of Guy Warner)(Tucker, Robert) |
| Filing fee: $ 150, receipt number 400004425, for pro hac admission for Robert Tucker and Elizabeth McNellie. (sc) |
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Filing 10
ORDER granting #8 Motion for Leave to Appear Pro Hac Vice for attorney, Robert J. Tucker. Signed by Brian Phillips, Deputy Clerk for Marjorie E. Krahn on 07/06/11. (bp )
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Filing 9
ORDER granting #7 Motion for Leave to Appear Pro Hac Vice for attorney, Elizabeth A. McNellie. Signed by Brian Phillips, Deputy Clerk for Marjorie E. Krahn on 07/06/11. (bp )
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| Filing 8 MOTION for Leave to Appear Pro Hac Vice by Hyundai Motors America.Motions referred to Ross A. Walters. (Bittner, Jeffrey) |
| Filing 7 MOTION for Leave to Appear Pro Hac Vice by Hyundai Motors America.Motions referred to Ross A. Walters. (Bittner, Jeffrey) |
| Filing 6 NOTICE of Appearance by Jeffrey S Bittner on behalf of Hyundai Motors America (Bittner, Jeffrey) |
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Filing 5
TEXT ORDER. Hearing on plaintiff's request for preliminary injunctive relief will be held by telephone conference call placed by the court to counsel of record at 10:00 a.m. on July 15, 2011. Plaintiff's counsel promptplyshall serve a copy of this text order on defendant. Signed by Senior Judge Charles R. Wolle on 6/30/11. (alb)
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| Set Hearing: Motion Hearing set for 7/15/2011 10:00 AM in Phone Hearing before Senior Judge Charles R. Wolle. (bp ) |
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Filing 4
TEXT ORDER. Plaintiff has filed a motion for preliminary injunctive relief. The court is available to conduct an in-person hearing in Des Moines on July 11 or July 12, 2011. The court will be available to conduct a hearing by telephone conference call after those dates. Plaintiff's counsel shall contact chambers (#515/284-6292) to schedule a hearing. Signed by Senior Judge Charles R. Wolle on 6/28/2011. (alb)
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| Filing 3 Summons Issued as to Hyundai Motors America. (bp ) |
| Filing 2 MOTION for Preliminary Injunction, MOTION for Hearing/Oral Argument by Leep HYU.Motions referred to Ross A. Walters. Responses due by 7/11/2011 (Attachments: #1 Brief in Support of Motion for Preliminary Injunction, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9)(Arenson, James) |
| Filing 1 COMPLAINT against All Defendants Filing fee paid in the amount of $ 350., filed by Leep HYU. Notice of Dismissal for lack of Service deadline set for 10/20/2011. Rule 16 Notice of Dismissal set for 10/20/2011. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 9)(Arenson, James) |
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