T.S. Morganbake, Inc. v. William Exline, Inc.
Plaintiff: T.S. Morganbake, Inc.
Defendant: William Exline, Inc.
Case Number: 3:2007cv30223
Filed: November 14, 2007
Court: US District Court for the District of Massachusetts
Office: Springfield Office
County: Hampshire
Presiding Judge: Michael A Ponsor
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on March 16, 2009. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 16, 2009 Filing 24 Judge Michael A Ponsor: ORDER entered. JUDGMENT in favor of Defendant William Exline, Inc against Plaintiff T.S. Morganbake, Inc (Lindsay, Maurice)
March 16, 2009 Filing 23 Judge Michael A Ponsor: MEMORANDUM AND ORDER entered granting #16 Motion for Summary Judgment. The clerk will enter judgment for Defendant, both with regard to the complaint and with regard to the counterclaim. This case may now be closed. See the attached memo and order for complete details. (Lindsay, Maurice)
March 16, 2009 Case no longer referred to Magistrate Judge Kenneth P. Neiman. (Lindsay, Maurice)
March 12, 2009 Reset Deadlines as to #16 MOTION for Summary Judgment. Motion Hearing reset for 3/12/2009 02:00 PM in Hampden Courtroom before Judge Michael A Ponsor. (Finn, Mary)
March 12, 2009 Electronic Clerk's Notes for proceedings held before Judge Michael A Ponsor: Motion Hearing held on 3/12/2009 re #16 MOTION for Summary Judgment filed by William Exline, Inc. After hearing the court states that it will grant the motion. A written memorandum will issue shortly. (Court Reporter: Alice Moran.) (Stuckenbruck, John)
March 11, 2009 ELECTRONIC NOTICE OF RESCHEDULING MOTION HEARING ON 3/12/09. THE HEARING WILL BEGIN AT 2:00 PM INSTEAD OF 2:30 PM. (Stuckenbruck, John)
March 11, 2009 Notice of correction to docket made by Court staff. Correction: Document #23 - Deft's Rule 26 Disclosure. corrected because: Document deleted due to discovery is not to be filed with the Court, just exchanged between the parties. (Finn, Mary)
February 20, 2009 Filing 22 REPLY to Response to #16 MOTION for Summary Judgment filed by William Exline, Inc.. (Fanter, Karl) (Additional attachment(s) added on 2/20/2009: #1 Correct main document) (Finn, Mary).
February 20, 2009 Notice of correction to docket made by Court staff. Correction: document #22 corrected because: to add the document with the correct signature and to delete the document with the incorrect signature. (Finn, Mary) Modified on 2/20/2009 to correct the text of the entry. (Finn, Mary).
February 17, 2009 Notice of correction to docket made by Court staff. Correction: Text of document #21 corrected because: to link document #21 to document #20 also and to add it to the document text. (Finn, Mary)
February 17, 2009 Notice of correction to docket made by Court staff. Correction: Document #20 - memorandum in opp. to the Deft's motion for S/J. corrected because: to add the signed opposition and to delete the unsigned opposition. (Finn, Mary)
February 13, 2009 Filing 21 Statement of Material Facts L.R. 56.1 re #16 MOTION for Summary Judgment with Certificate of Service and in support of #20 memorandum in opposition to #16 motion for S/J filed by T.S. Morganbake, Inc.. (Attachments: #1 Affidavit Peter Burton)(Gogel, Kenneth) Modified on 2/17/2009 (Finn, Mary).
February 13, 2009 Filing 20 MEMORANDUM in Opposition re #16 MOTION for Summary Judgment with Certificate of Service filed by T.S. Morganbake, Inc.. (Attachments: # 1 Affidavit Affidavit of Peter Burton, # 2 Exhibit Exline, Inc. Admissions, # 3 Exhibit Exline, Inc. Letter)(Gogel, Kenneth) (Additional attachment(s) added on 2/17/2009: #4 Correct Main document, #5 Affidavit Peter Burton, #6 Exhibit Exline, Inc. Admissions, #7 Exhibit Exline, Inc. Letter) (Finn, Mary).
February 13, 2009 Judge Michael A Ponsor: Electronic ORDER entered granting #19 Motion for Extension of Time. (Stuckenbruck, John)
February 9, 2009 Filing 19 Assented to MOTION for Extension of Time to February 13 and February 20 to Oppose Motion for Summary Judgment and Defendant's Reply with certificate of service by T.S. Morganbake, Inc..(Gogel, Kenneth)
January 20, 2009 Filing 18 Deft's MEMORANDUM in Support re #16 MOTION for Summary Judgment filed by William Exline, Inc.. (Finn, Mary)
January 20, 2009 Filing 17 Statement of Material Facts L.R. 56.1 re #16 MOTION for Summary Judgment filed by William Exline, Inc.. (Attachments: #1 Exhibit A -- Morganbake Discovery Responses, #2 Exhibit B -- Peter Burton Deposition Tr., #3 Exhibit C -- Apr. 26, 1993 ltr., #4 Exhibit D -- Nov. 29, 2007 ltr., #5 Exhibit E -- Exline Discovery Responses, #6 Exhibit F -- June 12, 2007 ltr., #7 Exhibit G -- Sept. 11, 2008 Burton memo., #8 Exhibit H -- Patricia Burton Dep. Tr.)(Fanter, Karl)
January 20, 2009 Filing 16 MOTION for Summary Judgment by William Exline, Inc.. (Attachments: # 1 Memorandum in Support of William Exline Inc.'s Motion for Summary Judgment)(Fanter, Karl)
January 20, 2009 Set/Reset Deadlines as to #16 MOTION for Summary Judgment. Responses due by 2/10/2009 Replies due by 2/17/2009. Motion Hearing set for 3/12/2009 02:30 PM in Hampden Courtroom before Judge Michael A Ponsor. (Finn, Mary)
January 20, 2009 Notice of correction to docket made by Court staff. Correction: document #16 - Deft's motion for S/J. corrected because: to re-docket the memorandum that was attached to the motion for S/J and to give it its own document number. Memorandum in support of a document should be docketed separately and given its own number, not attached to the document it is supporting. (Finn, Mary)
September 12, 2008 Ch. Magistrate Judge Kenneth P. Neiman: Electronic ORDER entered granting #15 Joint Motion for Extension of Time to October 31, 2008, to Complete Non-Expert Depositions, provided, however, that all other deadlines shall remain in place. So ordered. (Neiman, Kenneth)
September 11, 2008 Filing 15 Joint MOTION for Extension of Time to October 31, 2008 to Complete Non-Expert Depositions by William Exline, Inc..(Martin, James)
March 31, 2008 Filing 14 CERTIFICATION pursuant to Local Rule 16.1 (D)(3) by William Exline, Inc..(Martin, James)
March 24, 2008 Filing 13 CERTIFICATION pursuant to Local Rule 16.1 by T.S. Morganbake, Inc..(Gogel, Kenneth)
March 14, 2008 Filing 12 District Judge Michael A Ponsor: PROCEDURAL ORDER re pretrial/trial ENTERED, cc:cl. See Order for details. (Healy, Bethaney)
March 14, 2008 Filing 11 Ch. Magistrate Judge Kenneth P. Neiman: SCHEDULING ORDER ENTERED, cc:cl. Auto discl compl by 3/28/08; written disc served by 6/20/08; non-expert depos compl by 9/12/2008; P's expert discl by 10/17/08, with those depos compl by 11/28/08; D's expert discl by 11/28/08, with those depos compl by 12/31/08; motions for S/J filed by 1/20/09, with opps by 2/10/09, and replies by 2/17/09; hearing on any motions for S/J set for 3/12/09 at 2:30 p.m.; Final Pretrial Conference set for 4/10/2009 at 2:30 PM in Hampden Courtroom before Judge Michael A Ponsor. Jury Trial set for 5/4/2009 at 9:00 AM in Hampden Courtroom before Judge Michael A Ponsor.(Healy, Bethaney)
March 13, 2008 Electronic Clerk's Notes for proceedings held before Ch. Magistrate Judge Kenneth P. Neiman: Scheduling Conference held on 3/13/2008. Colloquy re: status of case. Scheduling Order to issue. (Court Reporter: FTR (10:35 a.m.).)(Attorneys present: Gogel, Martin) (Healy, Bethaney)
March 6, 2008 Filing 10 MOTION for Leave to Appear Pro Hac Vice for admission of John D. Parker and Karl Fanter Filing fee $ 100, receipt number 01010000000001876387. by William Exline, Inc.. (Attachments: #1 Affidavit Declaration of John D. Parker, #2 Affidavit Declaration of Karl Fanter)(Martin, James)
March 6, 2008 Judge Michael A Ponsor: ELECTRONIC ENDORSED ORDER entered granting #10 Motion for Leave to Appear Pro Hac Vice; Added John D. Parker for William Exline, Inc., Karl Fanter for William Exline, Inc.. Attorneys admitted Pro Hac Vice must register for electronic filing. To register go to the Court website at www.mad.uscourts.gov. Select Forms and then scroll down to CM/ECF Forms.. Counsel to file their notice of appearance within ten (10) days; cc/cl. (Finn, Mary)
March 6, 2008 NOTICE issued to Attorney John D. Parker and Karl Fanter regarding mandatory registration and use of ECF in compliance with Local Rule 5.4. Failure to comply may result in the imposition of sanctions. (Finn, Mary)
March 3, 2008 Filing 9 JOINT SUBMISSION pursuant to Local Rule 16.1 by T.S. Morganbake, Inc..(Gogel, Kenneth)
February 20, 2008 Filing 8 ANSWER to Complaint Counterclaim with certiifcate of service by T.S. Morganbake, Inc..(Gogel, Kenneth)
February 7, 2008 Filing 7 NOTICE of Scheduling Conference ISSUED, cc:cl. Initial Scheduling Conference set for 3/13/2008 at 10:30 AM in Courtroom 3 before Magistrate Judge Kenneth P. Neiman; joint statement and LR 16.1 certs by 3/7/08. (Healy, Bethaney)
February 7, 2008 Judge Michael A Ponsor: ELECTRONIC ORDER REFERRING CASE to Magistrate Judge Kenneth P. Neiman Referred for: full pretrial management, excluding dispositive motions (Healy, Bethaney)
February 6, 2008 Filing 6 Not all parties consented to assignment of case to Magistrate Judge Neiman. Case to be reassigned to Judge Michael A. Ponsor.. (Lindsay, Maurice)
February 6, 2008 ELECTRONIC NOTICE of Reassignment. Judge Michael A Ponsor added. Magistrate Judge Kenneth P. Neiman no longer assigned to case. (Lindsay, Maurice)
January 31, 2008 Filing 5 ANSWER to #1 Complaint with Jury Demand, COUNTERCLAIM against T.S. Morganbake, Inc. by William Exline, Inc.. (Attachments: #1 Exhibit A-ltr dtd 4/6/93, #2 Exhibit B-ltr dtd 11/29/07)(Martin, James)
January 31, 2008 Filing 4 NOTICE of Appearance by James F. Martin on behalf of William Exline, Inc. (Martin, James)
December 17, 2007 Filing 2 WAIVER OF SERVICE Returned Executed William Exline, Inc. waiver sent on 11/14/2007, answer due 1/13/2008. (Gogel, Kenneth)
November 14, 2007 Filing 1 COMPLAINT against William Exline, Inc. by T.S. Morganbake, Inc. filed. Magistrate Judge Consent Form to counsel. (Attachments: #1 Cover and category sheets)(Finn, Mary) Additional attachment(s) added on 11/14/2007 (Finn, Mary).
November 14, 2007 Case Assigned to Judge Kenneth P. Neiman. (Finn, Mary)
November 14, 2007 Filing fee in the amount of $350.00 paid. Receipt number 306689 for #1 Complaint. (Finn, Mary)
November 14, 2007 Notice of correction to docket made by Court staff. Correction: document #1 corrected because: to add Exhibit A to the complaint as an attachment. (Finn, Mary)
November 14, 2007 Summons Issued as to William Exline, Inc.. (Finn, Mary)

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Plaintiff: T.S. Morganbake, Inc.
Represented By: Kenneth J. Gogel
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Defendant: William Exline, Inc.
Represented By: James F. Martin
Represented By: John D. Parker
Represented By: Karl Fanter
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