Harris v. America's Choice
| Cecil Harris |
| America's Choice, Inc. |
| 3:2007cv00195 |
| March 21, 2007 |
| US District Court for the Middle District of Louisiana |
| Baton Rouge Office |
| Livingston |
| John V Parker |
| Stephen C Riedlinger |
| Contract: Other |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 7, 2009. A more recent docket listing may be available from PACER.
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Filing 78
ORDER granting #77 Motion to Dismiss.. Signed by Judge John V. Parker on 8/7/2009. (NLT, )
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| Filing 77 MOTION to Dismiss by Cecil Harris. (Rhorer, Samuel) |
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Filing 76
ORDER: In accordance with the preceding pretrial order, all parties shall comply with the instructions stated with regard to (1) Final Affidavit of Settlement Efforts, (2) Joint Jury Instructions/Interrogatories, and (3) Bench Books. Signed by Judge James J. Brady on 4/22/2009. (JDL, )
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| Filing 75 Minute Entry/ORDER for proceedings held before Judge James J. Brady: Pretrial Conference held on 4/22/2009. Jury Trial set for Monday, 9/21/2009 at 9:00 AM in Courtroom 1. Final Pretrial Telephone Conference set for Wednesday, 8/19/2009 at 9:30 AM before Judge James J. Brady. Defts motion relative to availability of certain witnesses due by 7/31/2009, Oppositions shall be filed within 10 days. All motions in limine, including Daubert motions, shall be filed 45 days prior to trial. The parties shall comply with the deadlines as stated herein. (JDL, ) |
| Filing 74 Proposed Pretrial Order by all parties. (Attachments: #1 Exhibit List)(Whitaker, David) |
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Filing 73
ORDER granting #72 MOTION to Continue Final Pretrial Conference. Final Pretrial conference reset for 4/22/09 at 1:30 p.m.. Signed by Judge James J. Brady on 4/1/09. (BP, )
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| Filing 72 Unopposed MOTION to Continue Final Pretrial Conference by America's Choice, Inc.. (Whitaker, David) |
| Filing 71 UNIFORM PRETRIAL NOTICE: Pretrial Conference set for Wednesday, 4/15/2009 at 1:30 PM in chambers before Judge James J. Brady for Judge John V. Parker. Proposed Pretrial Order due 10 days prior to the conference. (JDL, ) |
| Filing 70 RULING ON MOTIONS #52 MOTION for Partial Summary Judgment filed by America's Choice, Inc. is DENIED, #53 MOTION for Summary Judgment filed by Cecil Harris is DENIED and #64 MOTION to Strike Harris' #62 Response to its motion to dismiss filed by America's Choice, Inc. is DENIED AS MOOT. Signed by Chief Judge Ralph E. Tyson on 2/18/2009. (JDL, ) |
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Filing 69
ORDER denying #68 MOTION for Leave to File Reply Memorandum in Support of his Motion for Summary Judgment filed by Cecil Harris. Signed by Chief Judge Ralph E. Tyson on 2/17/2009. (JDL, )
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| Filing 68 MOTION for Leave to File Reply to Opposition to Motion for Summary Judgment by Cecil Harris. (Attachments: #1 Proposed Pleading; Reply to Opposition to Motion for Summary Judgment, #2 Attachment Proposed Order, #3 Exhibit Harris Exhibit S)(Rhorer, Samuel) Modified on 2/17/2009 to restrict documents (JDL, ). |
| Filing 67 REPLY Memorandum in Further Support of #53 MOTION for Partial Summary Judgment filed by America's Choice, Inc. (JDL, ) |
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Filing 66
ORDER granting #63 MOTION for Leave to File Defendant's Reply Memorandum in Further Support of Motion for Partial Summary Judgment filed by America's Choice, Inc. Signed by Judge John V. Parker on 2/10/2009. (JDL, )
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Filing 65
ORDER: Considering the #61 MOTION to Dismiss Affirmative Defenses and Counterclaim filed by America's Choice, Inc., IT IS ORDERED that the affirmative defenses and counterclaim pleaded by deft in its answer are DISMISSED without prejudice to the claim of pltf, Cecil Harris, under LSA-R.S. 23:631, for attorney fees related to the counterclaim and affirmative defenses. IT IS FURTHER ORDERED that pltfs #55 MOTION for Summary Judgment on Affirmative Defenses and #54 MOTION for Summary Judgment on the Counterclaim are DISMISSED as moot. Signed by Chief Judge Ralph E. Tyson on 2/3/2009. (JDL, )
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| Filing 64 MOTION to Strike #62 Response by America's Choice, Inc.. (Attachments: #1 Memorandum in Support)(Whitaker, David) |
| Filing 63 MOTION for Leave to File Defendant's Reply Memorandum in Further Support of Motion for Partial Summary Judgment by America's Choice, Inc.. (Attachments: #1 Proposed Pleading; Order, #2 Proposed Pleading; Reply Memorandum, #3 Exhibit 1 to Reply Memorandum, #4 Exhibit 2 to Reply Memorandum, #5 Exhibit 3 to Reply Memorandum, #6 Exhibit 4 to Reply Memorandum, #7 Exhibit 4 to Reply Memorandum)(Whitaker, David) |
| Filing 62 RESPONSE to ACI's Motion to Dismiss Counterclaim filed by Cecil Harris. (Rhorer, Samuel) |
| Filing 61 MOTION to Dismiss Affirmative Defenses and Counterclaim by America's Choice, Inc.. (Whitaker, David) Modified on 1/28/2009 to edit docket text in accordance with a conversation regarding counsel (NLT, ). |
| Filing 60 MEMORANDUM in Opposition to #52 MOTION for Partial Summary Judgment filed by Cecil Harris. (Attachments: #1 Attachment - Traversal of ACI statement of facts, #2 Exhibit ex Q Solinger Depo, #3 Exhibit ex R Dougal Depo)(Rhorer, Samuel) |
| Filing 59 MEMORANDUM in Opposition to #53 MOTION for Summary Judgment on Harris's Claims Against ACI filed by America's Choice, Inc.. (Attachments: #1 Exhibit AA, #2 Statement of Disputed Material Facts, #3 Exhibit 36 to Statement of Disputed Material Facts, #4 Exhibit 37 to Statement of Disputed Facts, #5 Exhibit 115 to Statement of Disputed Facts, #6 Exhibit 114 to Statement of Disputed Facts, #7 Exhibit 117 to Statement of Disputed Facts, #8 Exhibit 122 to Statement of Disputed Facts, #9 Exhibit 128 to Statement of Disputed Facts, #10 Exhibit OO to Statement of Disputed Facts, #11 Exhibit PP to Statement of Disputed Facts, #12 Exhibit QQ to Statement of Disputed Facts, #13 Exhibit RR to Statement of Disputed Facts, #14 Exhibit SS to Statement of Disputed Facts, #15 Exhibit TT to Statement of Disputed Facts, #16 Exhibit UU to Statement of Disputed Facts, #17 Statement of Undisputed Facts Counterstatement of Undisputed Material Fact, #18 Exhibit AA to Counterstatement of Undisputed Material Fact)(Whitaker, David) |
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Filing 58
ORDER: granting #57 Joint MOTION for Extension of Briefing Schedule on Motions for Summary Judgment. The parties shall file oppositions to the pending motions for summary judgment by 1/16/2009. Signed by Judge John V. Parker on 12/17/2008. (JDL, )
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| Filing 57 Joint MOTION for Extension of Time /Enlarge Time on Motions for Summary Judgment by all parties. (Whitaker, David) |
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Filing 56
ORDER granting #51 Motion for Leave to File Excess Pages. Signed by Judge John V. Parker on 12/5/2008. (NLT, )
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| Filing 55 MOTION for Summary Judgment on ACI's Affirmative Defenses by Cecil Harris. (Attachments: #1 Memorandum in Support, #2 Statement of Undisputed Facts)(Rhorer, Samuel) |
| Filing 54 MOTION for Summary Judgment on ACI's Counterclaim by Cecil Harris. (Attachments: #1 Memorandum in Support, #2 Statement of Undisputed Facts)(Rhorer, Samuel) |
| Filing 53 MOTION for Summary Judgment on Harris's Claims Against ACI by Cecil Harris. (Attachments: #1 Memorandum in Support, #2 Statement of Undisputed Facts, #3 Exhibit A-D, #4 Exhibit E-J, #5 Exhibit K-P, #6 Exhibit 3-11, #7 15-73, #8 Exhibit 74-130)(Rhorer, Samuel) |
| Filing 52 MOTION for Partial Summary Judgment by America's Choice, Inc.. (Attachments: #1 Statement of Undisputed Facts, #2 Memorandum in Support, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M, #16 Exhibit N, #17 Exhibit O, #18 Exhibit P, #19 Exhibit Q, #20 Exhibit R, #21 Exhibit S, #22 Exhibit T, #23 Exhibit U, #24 Exhibit V, #25 Exhibit W, #26 Exhibit X, #27 Exhibit Y, #28 Exhibit Z, #29 Exhibit AA, #30 Exhibit BB, #31 Exhibit CC, #32 Exhibit DD, #33 Exhibit EE, #34 Exhibit FF, #35 Exhibit GG, #36 Exhibit HH, #37 Exhibit II, #38 Exhibit JJ, #39 Exhibit KK, #40 Exhibit LL, #41 Exhibit MM, #42 Exhibit NN)(Whitaker, David) |
| Filing 51 MOTION for Leave to File Excess Pages by Cecil Harris. (Attachments: #1 Memorandum in Support, #2 Attachment Order)(Rhorer, Samuel) |
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Filing 50
AMENDED SCHEDULING ORDER granting #49 Motion for Extension of Time to Enlarge Schedule. Dispositive Motions shall be filed by 12/5/2008. Signed by Magistrate Judge Stephen C. Riedlinger on 11/10/2008. (NLT, )
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| Filing 49 Joint MOTION for Extension of Time to Enlarge Schedule by all parties. (Attachments: #1 Proposed Pleading; Order)(Whitaker, David) |
| MOTION(S) REFERRED: #49 Joint MOTION for Extension of Time to Enlarge Schedule. This motion is now pending before the USMJ. (BP, ) |
| Set/Reset Deadlines/Hearings: (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry) Motions shall be filed by 12/5/2008. (NLT, ) |
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Filing 48
AMENDED SCHEDULING ORDER granting #47 Motion for Extension of Time to Enlarge Schedule. Dispositive Motions shall be filed by 11/17/2008. Signed by Magistrate Judge Stephen C. Riedlinger on 10/7/2008. (NLT, )
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| Filing 47 Joint MOTION for Extension of Time to Enlarge Schedule by all parties. (Whitaker, David) |
| MOTION(S) REFERRED: #47 Joint MOTION for Extension of Time to Enlarge Schedule. This motion is now pending before the USMJ. (NLT, ) |
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Filing 46
AMENDED SCHEDULING ORDER granting #45 Motion for Extension of Time Expert Disclosure Deadline by America's Choice, Inc. Witness List due by 8/29/2008... Expert reports due by 8/29/2008. Signed by Magistrate Judge Stephen C. Riedlinger on 8/14/2008. (NLT, )
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| Filing 45 Consent MOTION for Extension of Time Expert Disclosure Deadline by America's Choice, Inc.. (Attachments: #1 Proposed Pleading; Order)(Whitaker, David) |
| MOTION(S) REFERRED: #45 Consent MOTION for Extension of Time Expert Disclosure Deadline. This motion is now pending before the USMJ. (NLT, ) |
| Filing 44 Supplemental ANSWER to #43 Amended Complaint by America's Choice, Inc..(Whitaker, David) |
| Filing 43 AMENDED COMPLAINT against America's Choice, Inc., filed by Cecil Harris.(JKH, ) |
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Filing 42
ORDER granting #41 Unopposed MOTION for Leave to File Supplemental Petition/Complaint filed by Cecil Harris. Signed by Magistrate Judge Stephen C. Riedlinger on 6/9/2008. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Riedlinger, Stephen)
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| Filing 41 Unopposed MOTION for Leave to File Supplemental Petition/Complaint by Cecil Harris. (Attachments: #1 Attachment Supplemental Petition/Complaint)(Rhorer, Samuel) |
| MOTION(S) REFERRED: #41 Unopposed MOTION for Leave to File Supplemental Petition/Complaint. This motion is now pending before the USMJ. (PAH, ) |
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Filing 40
AMENDED SCHEDULING ORDER granting #38 Motion to Extend Discovery Deadlines Discovery and motions to compel discovery due by 6/30/2008. Expert Witness List due by 7/30/2008 for pltf and by 08/15/08 for dfts. Expert Reports due by 7/30/2008 for pltfs and by 08/15/08 for dfts. Experts shall be deposed by 9/29/2008. Dispositive Motions shall be filed by 10/15/2008.. Signed by Magistrate Judge Stephen C. Riedlinger on 05/30/08. (PAH, )
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| Filing 39 THERE IS NO DOCUMENT 39...DUPLICATE OF 38 |
| Filing 38 Joint MOTION for Extension of Discovery Deadlines by all parties. (Attachments: #1 Proposed Pleading; Order)(Whitaker, David) |
| Motions terminated: #39 Joint MOTION for Extension of Discovery Deadlines filed by America's Choice, Inc., Cecil Harris. This motion is terminated Motion is a duplicate of #38. (PAH, ) |
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Filing 37
AMENDED SCHEDULING ORDER: All discovery and motion to compel discovery filed by 5/30/2008. Expert Witness List due by 6/30/2008 for pltfs, and 7/15/08 for dfts. Expert Reports due by 6/30/2008 for pltfs, 7/15/08 for dfts. Experts shall be deposed by 8/29/2008. Dispositive motions shall be filed by 9/15/2008. Signed by Magistrate Judge Stephen C. Riedlinger on 2/28/08. (HCJ, )
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| Filing 36 Consent MOTION for Extension of Discovery Deadlines by America's Choice, Inc., Cecil Harris. (Attachments: #1 Proposed Pleading; Order)(Whitaker, David) |
| MOTION(S) REFERRED: #36 Consent MOTION for Extension of Discovery Deadlines (HCJ, ) |
| Filing 35 Letter dated 1/29/2008 from David M. Whitaker to Magistrate Judge Riedlinger Re: status of discovery. (jdl) |
| Filing 34 Letter dated 1/28/2008 from S. Bradley Rhorer to Magistrate Judge Riedlinger Re: status of discovery. (jdl) |
| Filing 33 Minute Entry / Amended Scheduling Order for proceedings held before Judge Stephen C. Riedlinger: Telephone Status Conference held on 10/17/2007. Fact discovery and motions to compel due by 2/29/2008. Motions to amend and to add new parties or claims due by 1/31/2008. Pltfs Witness List due by 3/31/2008 and Defts due by 4/15/2008. Pltfs Expert Reports due by 3/31/2008 and Defts due by 4/15/2008. Expert discovery, including depositions completed by 5/30/2008. Dispositive motions shall be filed by 6/16/2008. Case will be reviewed in 90 days. (jdl) |
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Filing 32
ORDER granting #29 Motion for Martin E. Karlinsky to Appear Pro Hac Vice; granting #30 Motion for John Arthur Rosans to Appear Pro Hac Vice; granting #31 Motion for Ugo Alfredo Colella to Appear Pro Hac Vice. Signed by Judge Stephen C. Riedlinger on 10/10/2007. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Riedlinger, Stephen)
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| Filing 31 MOTION for Ugo Alfredo Colella to Appear Pro Hac Vice (Filing fee $25.00, Receipt Number 266299) by America's Choice, Inc.. (Attachments: #1 Attachment Certificate of Good Standing#2 Affidavit)(Whitaker, David) |
| Filing 30 MOTION for John Arthur Rosans to Appear Pro Hac Vice (Filing fee $25.00, Receipt Number 266294) by America's Choice, Inc.. (Attachments: #1 Attachment Certificate of Good Standing#2 Affidavit)(Whitaker, David) |
| Filing 29 MOTION for Martin E. Karlinsky to Appear Pro Hac Vice (Filing fee $25.00, Receipt Number 266278) by America's Choice, Inc.. (Attachments: #1 Attachment Certificate of Good Standing#2 Affidavit)(Whitaker, David) |
| MOTION(S) REFERRED: #28 MOTION to Enroll Martin E. Karlinsky, Ugo Collela and John Rosans of the law firm of Katten, Muchin Rosenmann, LLP as Additional Attorney Visiting Attorneys (HCJ, ) |
| Motion terminated: #28 MOTION to Enroll Martin E. Karlinsky, Ugo Collela and John Rosans of the law firm of Katten, Muchin Rosenmann, LLP as Visiting Attorneys filed by America's Choice, Inc...see Doc #29, #30 and #31. (jdl) |
| Filing 28 MOTION to Enroll Martin E. Karlinsky, Ugo Collela and John Rosans of the law firm of Katten, Muchin Rosenmann, LLP as Additional Attorney Visiting Attorneys by America's Choice, Inc.. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D#5 Exhibit E#6 Exhibit F#7 Proposed Pleading; Order)(Goodman, Alan) |
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Filing 27
ORDER granting #26 Motion to Substitute Attorney. David Mark Whitaker for America's Choice, Inc. replacing Brent C. Wyatt and Thomas M. Benjamin. Signed by Judge Stephen C. Riedlinger on 9/21/2007. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Riedlinger, Stephen)
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| Filing 26 Ex Parte MOTION to Substitute David M. Whitaker in place of Brent C. Wyatt, Thomas M. Benjamin as Attorney of Record by America's Choice, Inc.. (Goodman, Alan) |
| MOTION(S) REFERRED: #26 Ex Parte MOTION to Substitute David M. Whitaker in place of Brent C. Wyatt, Thomas M. Benjamin as Attorney of Record (HCJ, ) |
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Filing 25
ORDER granting #24 Joint Motion for Protective Order. Signed by Judge Stephen C. Riedlinger on 9/20/2007. (jdl)
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| Filing 24 STIPULATION/Joint MOTION for Protective Order by all parties. (Attachments: #1 Attachment Protective Order)(Goodman, Alan) Modified on 9/19/2007 to edit text. (jdl) |
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Filing 23
SCHEDULING ORDER: Fact discovery and motions to compel discovery due by 11/30/2007. Initial disclosures by 8/31/2007. Motions to amend pleadings to add new parties or claims due by 10/31/2007. Pltfs expert witnesses due by 12/31/2007, Defts by 1/15/2008. Pltfs expert reports due by 12/31/2007, Defts by 1/15/2008. Expert discovery, including depositions of experts completed by 2/29/2008. Dispositive motions shall be filed by 3/14/2008. The conference scheduled for 9/6/2007 is CANCELED. Signed by Judge Stephen C. Riedlinger on 8/29/2007. (jdl)
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| Filing 22 STATUS REPORT by Cecil Harris. (Rhorer, Samuel) |
| Filing 21 ANSWER to Counterclaim by Cecil Harris.(Rhorer, Samuel) |
| Filing 20 ANSWER to Complaint, COUNTERCLAIM against Cecil Harris by America's Choice, Inc..(Goodman, Alan) |
| Filing 19 District of Columbia order and opinion by Cecil Harris (NLT, ) |
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Filing 18
ORDER granting #17 MOTION for Leave to File Document District of Columbia court's order and opinion filed by Cecil Harris. Signed by Judge John V. Parker on 7/26/2007. (NLT, )
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| Filing 17 MOTION for Leave to File Document District of Columbia court's order and opinion by Cecil Harris. (Attachments: #1 Attachment District of Columbia order and opinion)(Crumby-Nance, Vera) |
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Filing 16
ORDER granting #15 Motion to Continue Scheduling Conference set for 7/19/07 is hereby reassigned to 9/6/07 at 9:30a.m. The conference will be held by telephone; the court will place the calls.. Signed by Judge Stephen C. Riedlinger on 7/12/07. (HCJ, )
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| Filing 15 Joint MOTION to Continue Scheduling Conference by America's Choice, Inc.. (Goodman, Alan) |
| Set/Reset Deadlines/Hearings: Status Report due by 7/5/2007. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry) (jdl) |
| Filing 14 Notice to Counsel of Reassignment of Conference: The scheduling conference previously set for 7/12/2007 has been REASSSIGNED and set for 7/19/2007 at 10:00 AM in chambers before Magistrate Judge Stephen C. Riedlinger. Status Report due by 7/6/2007. (jdl) |
| Motions terminated: MOTION to Transfer Case to USDC-District of Columbia filed by America's Choice, Inc., #7 MOTION to Dismiss , Transfer, or Stay filed by America's Choice, Inc. per JVP's chambers. (BP, ) |
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Filing 13
ORDER granting #7 Motion to Dismiss, or alternatively Transfer or Stay to the extent that this matter is hereby STAYED for a period of 30 days or until resolution of the pltfs motion pending before the District Court for the District of Columbia, whichever occurs first. Signed by Judge John V. Parker on 5/31/2007. (jdl)
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| Filing 12 Defendant's REPLY BRIEF to #9 Memorandum in Opposition to Motion #7 MOTION to Dismiss , Transfer, or Stay filed by America's Choice, Inc. (Attachments: #1 #2)(jdl) |
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Filing 11
ORDER granting #10 MOTION for Leave to File Reply Brief in further Support of Motion to Dismiss, Transfer or Stay filed by America's Choice, Inc. Signed by Judge John V. Parker on 5/23/2007. (jdl)
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| Filing 10 MOTION for Leave to File Reply Brief by America's Choice, Inc.. (Attachments: #1 Proposed Pleading; #2 Exhibit #3 Exhibit)(Goodman, Alan) |
| Filing 9 MEMORANDUM in Opposition to MOTION to Stay, MOTION to Transfer Case to USDC-District of Columbia, #7 MOTION to Dismiss , Transfer, or Stay filed by Cecil Harris. (Attachments: #1 Exhibit Exhibit A#2 Exhibit Exhibit B#3 Exhibit Exhibit C#4 Exhibit Exhibit D)(Crumby-Nance, Vera) |
| MOTION to Stay Proceedings pending resolution of motions to dismiss filed previously and currently pending in USDC for the District of Columbia. by America's Choice, Inc. (jdl) |
| MOTION to Transfer Case to USDC for the District of Columbia by America's Choice, Inc. (jdl) |
| Filing 8 MEMORANDUM in Support of #7 MOTION to Dismiss , Transfer, or Stay filed by America's Choice, Inc.. (Attachments: #1 Exhibit 1#2 Exhibit 2#3 Exhibit 3#4 Exhibit 4#5 Exhibit 5)(Wyatt, Brent) |
| Filing 7 MOTION to Dismiss , Transfer, or Stay by America's Choice, Inc.. (Wyatt, Brent) |
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Filing 6
ORDER granting #5 Motion for Extension of Time. Answer to complaint by defendant America's Choice, Inc. due by 4/25/2007. Signed by Judge Stephen C. Riedlinger on 4/2/2007. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(Riedlinger, Stephen)
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| Filing 5 Ex Parte MOTION for Extension of Time by America's Choice, Inc.. (Goodman, Alan) |
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Filing 4
90 DAY CONFERENCE ORDER: Scheduling Conference set for 7/12/2007 at 10:30 AM in chambers before Magistrate Judge Stephen C. Riedlinger. Status Report due by 6/27/2007. Signed by Judge Stephen C. Riedlinger on 3/29/2007. (jdl)
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| Filing 3 Letter dated 03/26/07 from Clerk of Court to Councel of record Re: Reassignment of case to Judge John V. Parker. (DMC, ) |
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Filing 2
ORDER OF RECUSAL. Judge Frank J. Polozola exercised his prerogative as a Senior Judge and declines to preside over this case. Case reassigned to Judge John V. Parker for all further proceedings.. Signed by Judge Frank J. Polozola on 03/23/07. (DMC, )
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| Filing 1 NOTICE OF REMOVAL from 21st JDC, Case Number 115193, Sec. G. (Filing fee $ 350 receipt number 205319), filed by America's Choice. (Attachments: #1 Attachment #2 Exhibit #3 Exhibit)(Goodman, Alan) |
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