Devon Industrial Group, LLC v. Demrex Industrial Services, Inc.
Plaintiff: Devon Industrial Group, LLC and Ford Motor Company
Defendant: Demrex Industrial Services, Inc., First Sealord Surety, Inc., Altchem Environmental Services, Inc., Barry Portnoy and Jason Goldberg
Case Number: 2:2011cv10313
Filed: January 26, 2011
Court: US District Court for the Eastern District of Michigan
Office: Detroit Office
County: Wayne
Presiding Judge: Sean F Cox
Referring Judge: Laurie J Michelson
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By: Both
Docket Report

This docket was last retrieved on April 16, 2013. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 16, 2013 Opinion or Order Filing 219 DEFAULT JUDGMENT in favor of Ford Motor Company against Jason Goldberg (consolidated from 12-10647). Signed by District Judge Sean F. Cox. (JMcC)
April 16, 2013 Opinion or Order Minute Entry - Motion Hearing held on 4/16/2013 re #212 MOTION for Default Judgment as to Jason Goldberg(consolidated from 12-10647), filed by Ford Motor Company before District Judge Sean F. Cox. Disposition: Granted (Court Reporter Marie Metcalf) (JMcC)
April 11, 2013 Opinion or Order Filing 218 STIPULATION AND ORDER of Dismissal Signed by District Judge Sean F. Cox. (JMcC)
April 11, 2013 Opinion or Order TEXT-ONLY NOTICE Cancelling Status Conference set for 4/16/2013. The Motion Hearing set for 4/16/2012 is not Cancelled. (JMcC)
March 8, 2013 Opinion or Order Filing 217 CERTIFICATE OF SERVICE re #212 MOTION for Default Judgment as to Jason Goldberg(consolidated from 12-10647), Jason Goldberg , #215 Notice of Hearing on Motion by Ford Motor Company, Ford Motor Company (Peters, Marilyn)
February 26, 2013 Opinion or Order Filing 216 STIPULATION AND ORDER Dismissing Ford Motor Company and Devon Industrial Group, LLC.'s Claims against Defendant First Sealord Surety, Inc. Signed by District Judge Sean F. Cox. (JMcC)
February 25, 2013 Opinion or Order Filing 215 NOTICE of hearing on #212 MOTION for Default Judgment as to Jason Goldberg (consolidated from 12-10647), Jason Goldberg . Motion Hearing set for 4/16/2013 02:00 PM before District Judge Sean F. Cox (JMcC)
February 11, 2013 Opinion or Order Minute Entry - Status Conference held, Motion Hearing not held on 2/11/2013 before District Judge Sean F. Cox. (JMcC)
February 7, 2013 Opinion or Order Minute Entry - Telephone Conference held on 2/7/2013 before District Judge Sean F. Cox. (JMcC)
February 7, 2013 Opinion or Order Filing 214 ERRATA Sheet re: #212 MOTION for Default Judgment as to Jason Goldberg(consolidated from 12-10647), Jason Goldberg filed by Ford Motor Company. by Ford Motor Company, Ford Motor Company (Peters, Marilyn)
February 6, 2013 Opinion or Order Filing 213 ORDER Dismissing Without Prejudice Plaintiff Devon's Complaint against Defendant Jason Goldberg re #203 Response to Order to Show Cause filed by Devon Industrial Group, LLC. Signed by District Judge Sean F. Cox. (JMcC)
February 6, 2013 Opinion or Order Filing 212 MOTION for Default Judgment as to Jason Goldberg(consolidated from 12-10647), Jason Goldberg by Ford Motor Company, Ford Motor Company. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 Complaint in Case No. 2:12-cv-10717, #3 Exhibit 2 Affidavit of Robert Gardner, #4 Exhibit 3 Demrex's Second Supplemental Response to Devon's First Interrogatories, #5 Exhibit 4 Portnoy Deposition Excerpt, #6 Exhibit 5 Demrex Project Summary, #7 Exhibit 6 Default Judgment) (Peters, Marilyn)
February 4, 2013 Opinion or Order Filing 211 ORDER Regarding February 11, 2013 Motion Hearing re #202 MOTION for Withdrawal of Attorney J. Christian Hauser. Signed by District Judge Sean F. Cox. (JMcC)
January 29, 2013 Opinion or Order Filing 210 AMENDED NOTICE of hearing on #202 MOTION for Withdrawal of Attorney J. Christian Hauser. Motion Hearing set for 2/11/2013 02:30 PM before District Judge Sean F. Cox (JMcC)
January 25, 2013 Opinion or Order Filing 209 RESPONSE to #202 MOTION for Withdrawal of Attorney J. Christian Hauser filed by Devon Industrial Group, LLC, Devon Industrial Group, LLC(consolidated from 12-10647). (Brooks, Keefe)
January 25, 2013 Opinion or Order Filing 208 RESPONSE to #202 MOTION for Withdrawal of Attorney J. Christian Hauser and to Reinstate the Case filed by Ford Motor Company, Ford Motor Company. (Peters, Marilyn)
January 22, 2013 Opinion or Order Filing 207 RESPONSE to #202 MOTION for Withdrawal of Attorney J. Christian Hauser filed by Altchem Environmental Services, Inc., Demrex Industrial Services, Inc and Barry Portnoy. (SSch)
January 22, 2013 Opinion or Order Filing 206 ORDER Regarding Payment of Facilitator Fees. Signed by District Judge Sean F. Cox. (JMcC)
January 15, 2013 Opinion or Order Filing 205 RESPONSE TO ORDER TO SHOW CAUSE REGARDING DEFENDANT JASON GOLDBERG by Ford Motor Company, Ford Motor Company. (Peters, Marilyn)
January 14, 2013 Opinion or Order Filing 204 NOTICE of hearing on #202 MOTION for Withdrawal of Attorney J. Christian Hauser. Motion Hearing set for 2/11/2013 02:30 PM before District Judge Sean F. Cox (JMcC)
January 8, 2013 Opinion or Order Filing 203 RESPONSE to #201 Order to Show Cause - Failure to Prosecute , RESPONSE TO ORDER TO SHOW CAUSE by Devon Industrial Group, LLC. (Price, Michael)
January 4, 2013 Opinion or Order Filing 202 MOTION for Withdrawal of Attorney J. Christian Hauser by Altchem Environmental Services, Inc.(consolidated from 12-10647), Demrex Industrial Services, Inc., First Sealord Surety, Inc., Barry Portnoy(consolidated from 12-10647). (Hauser, J.) Modified on 1/4/2013 (PMil).[DOCUMENT ENTITLED FCWS, PLLC'S MOTION TO REINSTATE CASE AND WITHDRAW AS COUNSEL FOR DEFENDANTS]
December 18, 2012 Opinion or Order Filing 201 ORDER for Plaintiffs to Show Cause Why Defendant Jason Goldberg Should Not be Dismissed for Failure to Prosecute. Show Cause Response due by 1/18/2013 Signed by District Judge Sean F. Cox. (JMcC)
December 18, 2012 Opinion or Order TEXT-ONLY ORDER STAYING CASE UNTIL 3/18/2013. (Status Conference set for 4/16/2013 02:00 PM before District Judge Sean F. Cox) Signed by District Judge Sean F. Cox. (JMcC)
December 18, 2012 Opinion or Order Minute Entry - Status Conference held on 12/18/2012 before District Judge Sean F. Cox. Disposition: Case Stayed for 90 days - Status Conference Set (Court Reporter Marie Metcalf) (JMcC)
December 6, 2012 Opinion or Order Filing 200 REPORT AND RECOMMENDATION to grant in part and deny in part #182 Renewed MOTION for Default Judgment as to Demrex Industrial Services, Inc. filed by Devon Industrial Group, LLC, AND #183 Renewed MOTION for Default Judgment as to Demrex Industrial Services, Inc. and an Order to Compel Against Defendants Altchem Environmental Services, Inc. and Barry Portnoy filed by Ford Motor Company - Signed by Magistrate Judge Laurie J. Michelson. (JJoh)
December 6, 2012 Opinion or Order Filing 199 ORDER granting #181 Devon Industrial Group's Motion to Compel and granting #183 Ford Motor Company's Motion to Compel. Signed by Magistrate Judge Laurie J. Michelson. (JJoh)
November 27, 2012 Opinion or Order Reset Deadlines/Hearings: Scheduling Conference reset for 12/18/2012 03:00 PM before District Judge Sean F. Cox (JMcC)
November 21, 2012 Opinion or Order Minute Entry - Motion Hearing held on 11/21/2012 re #182 Renewed MOTION for Default Judgment as to Demrex Industrial Services, Inc. , #181 MOTION to Compel Discovery from Defendants Altchem Environmental Services, Inc. and Barry Portnoy, and #183 Renewed MOTION for Default Judgment as to Demrex Industrial Services, Inc. and an Order to Compel Against Defendants Altchem Environmental Services, Inc. and Barry Portnoy - before Magistrate Judge Laurie J. Michelson. Disposition: taken under advisement (Tape #LJM 11/21/12) (LBar)
November 21, 2012 Opinion or Order Filing 198 NOTICE by Altchem Environmental Services, Inc., Demrex Industrial Services, Inc., Barry Portnoy(consolidated from 12-10647) of withdrawal of #197 MOTION to Compel Discovery . (Hauser, J.)
November 20, 2012 Opinion or Order Filing 197 MOTION to Compel Discovery by Altchem Environmental Services, Inc.(consolidated from 12-10647), Demrex Industrial Services, Inc., Barry Portnoy(consolidated from 12-10647). (Attachments: #1 Exhibit Defendants First Interrogatories to Ford Motor Company, #2 Exhibit Defendants First Interrogatories to Devon Industrial Group) (Hauser, J.)
November 20, 2012 Opinion or Order Set Deadlines/Hearings: Scheduling Conference reset for 11/27/2012 03:00 PM (TIME CHANGE) before District Judge Sean F. Cox (JMcC)
November 15, 2012 Opinion or Order Filing 196 NOTICE TO APPEAR: Scheduling Conference set for 11/27/2012 03:30 PM before District Judge Sean F. Cox (JMcC)
November 15, 2012 Opinion or Order TEXT-ONLY ORDER granting #192 Ex Parte MOTION for Leave to File Excess Pages filed by Barry Portnoy, Altchem Environmental Services, Inc., Demrex Industrial Services, Inc.. Entered by Magistrate Judge Laurie J. Michelson. (JJoh)
November 13, 2012 Opinion or Order Filing 195 REPLY to Response re #183 Renewed MOTION for Default Judgment as to Demrex Industrial Services, Inc. and an Order to Compel Against Defendants Altchem Environmental Services, Inc. and Barry Portnoy filed by Ford Motor Company, Ford Motor Company. (Attachments: #1 Index of Exhibits, #2 Exhibit A - 8/16/2012 Emails, #3 Exhibit B - Emails, #4 Exhibit C - Demrex 30(b)(6) Dep. Tran., #5 Exhibit D - Portnoy Email on Scrap Protocol) (Phillips, Lauren)
November 13, 2012 Opinion or Order Filing 194 REPLY to Response re #182 Renewed MOTION for Default Judgment as to Demrex Industrial Services, Inc. filed by Devon Industrial Group, LLC. (Attachments: #1 Index of Exhibits, #2 Exhibit A - 9-12-12 3:30 pm Email, #3 Exhibit B - 9-12-12 4:24 pm Email, #4 Exhibit C - 9-23-12 Email, #5 Exhibit D - 10-22-12 Email) (Brooks, Keefe)
November 5, 2012 Opinion or Order Filing 193 RESPONSE to #182 Renewed MOTION for Default Judgment as to Demrex Industrial Services, Inc. , #183 Renewed MOTION for Default Judgment as to Demrex Industrial Services, Inc. and an Order to Compel Against Defendants Altchem Environmental Services, Inc. and Barry Portnoy filed by Altchem Environmental Services, Inc.(consolidated from 12-10647), Demrex Industrial Services, Inc., Barry Portnoy(consolidated from 12-10647). (Attachments: #1 Index of Exhibits, #2 Exhibit Email dated August 23, 2012, #3 Exhibit Email dated August 31, 2012, #4 Exhibit Email dated October 5, 2012, #5 Exhibit Demrex Cost and Expense Reports, #6 Exhibit Defendants' Answers to Ford's Discovery, #7 Exhibit Defendants' Answers to Ford's Discovery, #8 Exhibit Financial Reports Part 1, #9 Exhibit Financial Reports Part 2, #10 Exhibit Defendant's Supplemental Answers, #11 Exhibit Email dated October 30, 2012, #12 Exhibit May 30, 2012 Letter, #13 Exhibit Email dated August 10, 2012, #14 Exhibit Appendix of Bankruptcy Documents) (Hauser, J.)
November 5, 2012 Opinion or Order Filing 192 Ex Parte MOTION for Leave to File Excess Pages by Altchem Environmental Services, Inc.(consolidated from 12-10647), Demrex Industrial Services, Inc., Barry Portnoy(consolidated from 12-10647). (Hauser, J.)
October 31, 2012 Opinion or Order Filing 191 REPLY to Response re #181 MOTION to Compel Discovery from Defendants Altchem Environmental Services, Inc. and Barry Portnoy filed by Devon Industrial Group, LLC, Devon Industrial Group, LLC(consolidated from 12-10647). (Attachments: #1 Index of Exhibits, #2 Exhibit A-Schedule of transfers to Altchem to Demrex, #3 Exhibit B-$3,000,000 check from Portnoy/Demrex to Portnoy) (Brooks, Keefe)
October 30, 2012 Opinion or Order Filing 190 Emergency MOTION for Extension of Time to File Response/Reply as to #182 Renewed MOTION for Default Judgment as to Demrex Industrial Services, Inc. , #183 Renewed MOTION for Default Judgment as to Demrex Industrial Services, Inc. and an Order to Compel Against Defendants Altchem Environmental Services, Inc. and Barry Portnoy by Altchem Environmental Services, Inc., Demrex Industrial Services, Inc., Barry Portnoy(consolidated from 12-10647). (Hauser, J.)
October 30, 2012 Opinion or Order TEXT-ONLY ORDER Granted #190 Emergency MOTION for Extension of Time to File Response/Reply as to #182 Renewed MOTION for Default Judgment as to Demrex Industrial Services, Inc. , AND #183 Renewed MOTION for Default Judgment as to Demrex Industrial Services, Inc. and filed by Barry Portnoy, Altchem Environmental Services, Inc., Demrex Industrial Services, Inc. : Responses due by 11/5/2012, Replies due by 11/16/2012, Motion Hearing set for 11/21/2012 at 10:00 AM before Magistrate Judge Laurie J. Michelson (NOT CHANGED) - Entered by Magistrate Judge Laurie J. Michelson. (JJoh)
October 26, 2012 Opinion or Order Filing 189 RESPONSE to #181 MOTION to Compel Discovery from Defendants Altchem Environmental Services, Inc. and Barry Portnoy filed by Altchem Environmental Services, Inc.(consolidated from 12-10647), Demrex Industrial Services, Inc., Barry Portnoy(consolidated from 12-10647). (Attachments: #1 Exhibit Answers to Interrogatories) (Hauser, J.)
October 19, 2012 Opinion or Order Filing 188 NOTICE of hearing on #182 Renewed MOTION for Default Judgment as to Demrex Industrial Services, Inc. , AND #183 Renewed MOTION for Default Judgment as to Demrex Industrial Services, Inc. and an Order to Compel Against Defendants Altchem Environmental Services, Inc. and Barry Portnoy: Responses due by 10/31/2012, Replies due by 11/14/2012, AND Motion Hearing set for 11/21/2012 at 10:00 AM before Magistrate Judge Laurie J. Michelson (JJoh)
October 19, 2012 Opinion or Order Filing 187 NOTICE of hearing on #181 MOTION to Compel Discovery from Defendants Altchem Environmental Services, Inc. and Barry Portnoy. Responses due by 10/26/2012, Replies due by 11/2/2012, Resolved/Unresolved Issues due by 11/9/2012, and Motion Hearing set for 11/21/2012 at 10:00 AM before Magistrate Judge Laurie J. Michelson (JJoh)
October 11, 2012 Opinion or Order Filing 186 ORDER REFERRING MOTION to Magistrate Judge Laurie J. Michelson: #182 Renewed MOTION for Default Judgment as to Demrex Industrial Services, Inc. filed by Devon Industrial Group, LLC, #183 Renewed MOTION for Default Judgment as to Demrex Industrial Services, Inc. and an Order to Compel Against Defendants Altchem Environmental Services, Inc. and Barry Portnoy filed by Ford Motor Company. Signed by District Judge Sean F. Cox. (JMcC)
October 11, 2012 Opinion or Order Filing 185 ORDER REFERRING MOTION to Magistrate Judge Laurie J. Michelson: #181 MOTION to Compel Discovery from Defendants Altchem Environmental Services, Inc. and Barry Portnoy filed by Devon Industrial Group, LLC. Signed by District Judge Sean F. Cox. (JMcC)
October 11, 2012 Opinion or Order Filing 184 OPINION AND ORDER denying #153 Motion to Dismiss; granting #170 Motion for Partial Summary Judgment. Signed by District Judge Sean F. Cox. (JMcC)
October 10, 2012 Opinion or Order Filing 183 Renewed MOTION for Default Judgment as to Demrex Industrial Services, Inc. and an Order to Compel Against Defendants Altchem Environmental Services, Inc. and Barry Portnoy by Ford Motor Company. (Attachments: #1 Exhibit, #2 Exhibit 1. September 27, 2011 emails, #3 Exhibit 2. October 18-20, 2011 emails, #4 Exhibit 3. Spectrum Report, #5 Exhibit 4. August 6, 2012 email, #6 Exhibit 5. August 10, 2012 email, #7 Exhibit 6. June 27, 2012 email, #8 Exhibit 7. Fifth Supplemental Answers, #9 Exhibit 8. Answers to Request for Admissions, #10 Exhibit 9. July 9-13, 2012 emails, #11 Exhibit 10. Demrex, Altchem, and Portnoy Discovery Responses, #12 Exhibit 11. October emails, #13 Exhibit 12. Unpublished cases) (Phillips, Lauren)
October 9, 2012 Opinion or Order Filing 182 Renewed MOTION for Default Judgment as to Demrex Industrial Services, Inc. by Devon Industrial Group, LLC, Devon Industrial Group, LLC(consolidated from 12-10647). (Attachments: #1 Index of Exhibits, #2 Exhibit A-Devon's Forth Interrogatories to Demrex dated 8-2-12, #3 Exhibit B-Devon's Fifth Interrogatories to Demrex dated 9-1-12, #4 Exhibit C-Notice of Deposition of Demrex) (Brooks, Keefe)
October 9, 2012 Opinion or Order Filing 181 MOTION to Compel Discovery from Defendants Altchem Environmental Services, Inc. and Barry Portnoy by Devon Industrial Group, LLC. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Devon's First Interrogatories to Altchem & Portnoy dated 8-2-12) (Brooks, Keefe)
September 27, 2012 Opinion or Order TEXT-ONLY NOTICE REGARDING MOTION HEARING ONLY: Hearing on 9/27/2012 is Cancelled re #170 MOTION Motion for Partial Judgment on the Pleadings as to Count II of Demrex's First Amended Counterclaim re #161 Counterclaim, #153 MOTION to Dismiss. The Court will Rule on the Briefs. THE STATUS CONFERENCE HAS NOT BEEN CANCELLED AND WILL BE HELD ON 9/27/2012 AS PREVIOUSLY SCHEDULED. (JMcC)
September 27, 2012 Opinion or Order Minute Entry - Telephonic Status Conference held on 9/27/2012 before District Judge Sean F. Cox. Disposition: Parties to Notify the Court of Facilitation Date by 10/5/2012 (JMcC)
September 21, 2012 Opinion or Order Filing 180 ORDER re #177 MOTION for Preliminary Injunction filed by Barry Portnoy, Altchem Environmental Services, Inc., Demrex Industrial Services, Inc., First Sealord Surety, Inc. Signed by District Judge Sean F. Cox. (JMcC)
September 18, 2012 Opinion or Order Set Deadlines/Hearings: Status Conference set for 9/27/2012 02:00 PM before District Judge Sean F. Cox (JMcC)
September 18, 2012 Opinion or Order Minute Entry - Status Conference held on 9/18/2012 before District Judge Sean F. Cox. Disposition: Motion for Preliminary Injunction Resolved. Proposed Order to be Submitted. (Court Reporter Linda Cavanagh) (JMcC)
September 17, 2012 Opinion or Order Filing 179 RESPONSE to #177 MOTION for Preliminary Injunction filed by Ford Motor Company, Ford Motor Company. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - 2/14/11 Order in USDC Case No. 10-15072, #3 Exhibit 2 - Response to e-mail complaint by Mr. Hauser re 7 days, #4 Exhibit 3 - Response to e-mail complaint by Hauser sent in January 2011, #5 Exhibit 4 - August 24, 2012 e-mail notice of demolition, #6 Exhibit 5 - September 4, 2012 e-mails re dates for inspection, #7 Exhibit 6 - September 7, 2012 e-mails re numerous dates for inspection, #8 Exhibit 7 - September 7, 2011 Demrex Answers to Devons Interrogatories, #9 Exhibit 8 - Affidavit of Eric J. Pearson, #10 Exhibit 9 - Devon Amended Complaint, #11 Exhibit 10 - August 12, 2009 Post-Bid Addendum, #12 Exhibit 11 - September 14, 2009 Post-Bid Addendum, #13 Exhibit 12 - Notice of bankruptcy filing by Devon in December 2011, #14 Exhibit 13 - Demrex January 31, 2011 $3 million check and bank statements, #15 Exhibit 14 - Portnoy Bankruptcy Deposition, #16 Exhibit 15 - Demrex Claim of Lien, #17 Exhibit 16 - Demrex Fifth Supplemental Responses, #18 Exhibit 17 - Bankruptcy exhibit re $3 million, #19 Exhibit 18 - Demrex exhibits in bankruptcy re revenues, #20 Exhibit 19 - Portnoy bankruptcy court testimony excerpts, #21 Exhibit 20 - Portnoy affidavit re brokerage account payment from Demrex to his account, #22 Exhibit 21 - Scrap Handling Protocol prepared by Demrex, #23 Exhibit 22 - Response to Motion for Default Judgment, #24 Exhibit 23 - Schedule and Monthly Reports in Bankruptcy, #25 Exhibit 24 - Unpublished Cases) (Phillips, Lauren)
September 7, 2012 Opinion or Order Filing 178 NOTICE TO APPEAR: Status Conference re #177 Motion for Preliminary Injunction set for 9/18/2012 02:00 PM before District Judge Sean F. Cox (JHer)
August 31, 2012 Opinion or Order Filing 177 MOTION for Preliminary Injunction by Altchem Environmental Services, Inc.(consolidated from 12-10647), Demrex Industrial Services, Inc., First Sealord Surety, Inc., Barry Portnoy(consolidated from 12-10647). (Attachments: #1 Index of Exhibits, #2 Exhibit Email, #3 Exhibit Subcontract, #4 Exhibit Case law, #5 Exhibit Case law, #6 Exhibit Case law, #7 Exhibit Case law) (Hauser, J.)
August 21, 2012 Opinion or Order Filing 176 REPLY to Response re #170 MOTION Motion for Partial Judgment on the Pleadings as to Count II of Demrex's First Amended Counterclaim re #161 Counterclaim filed by Devon Industrial Group, LLC, Devon Industrial Group, LLC(consolidated from 12-10647). (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Manasher v NECC Telecom, #3 Exhibit 2 - Moon v SCP Pool Corp, #4 Exhibit 3 - Morris Pumps v Centerline Piping) (Price, Michael)
August 20, 2012 Opinion or Order Filing 175 RESPONSE to #170 MOTION Motion for Partial Judgment on the Pleadings as to Count II of Demrex's First Amended Counterclaim re #161 Counterclaim filed by Demrex Industrial Services, Inc.. (Hauser, J.)
August 17, 2012 Opinion or Order Filing 174 NOTICE by Altchem Environmental Services, Inc.(consolidated from 12-10647), Demrex Industrial Services, Inc., Barry Portnoy(consolidated from 12-10647) of withdrawal of #171 MOTION Clarification of Orders. (Hauser, J.)
August 16, 2012 Opinion or Order Filing 173 ORDER REFERRING MOTION to Magistrate Judge Laurie J. Michelson: #171 MOTION Clarification of Orders filed by Barry Portnoy, Altchem Environmental Services, Inc., Demrex Industrial Services, Inc. Signed by District Judge Sean F. Cox. (JHer)
August 16, 2012 Opinion or Order Filing 172 NOTICE of hearing on #170 MOTION Motion for Partial Judgment on the Pleadings as to Count II of Demrex's First Amended Counterclaim re #161 Counterclaim MOTION Motion for Partial Judgment on the Pleadings as to Count II of Demrex's First Amended Counterclaim re #161 Counterclaim. Motion Hearing set for 9/27/2012 02:00 PM before District Judge Sean F. Cox (JHer)
August 15, 2012 Opinion or Order Filing 171 MOTION Clarification of Orders by Altchem Environmental Services, Inc.(consolidated from 12-10647), Demrex Industrial Services, Inc., Barry Portnoy(consolidated from 12-10647). (Hauser, J.)
July 30, 2012 Opinion or Order Filing 170 MOTION Motion for Partial Judgment on the Pleadings as to Count II of Demrex's First Amended Counterclaim re #161 Counterclaim by Devon Industrial Group, LLC. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Belle Isle Grill v. City of Detroit, #3 Exhibit 2 - Advanced Plastics v. White Consolidated Industries, #4 Exhibit 3 - Manasher v. NECC Telecom) (Brooks, Keefe)
July 24, 2012 Opinion or Order Filing 169 ANSWER to #164 Counterclaim and Affirmative Defenses by Ford Motor Company, Ford Motor Company. (Peters, Marilyn)
July 23, 2012 Opinion or Order Filing 168 RESPONSE to #153 MOTION to Dismiss Counts I, II, III, IV, VIII and IX of Ford Motor Company's Amended Complaint and Counts IV, V, VI and VII of Devon Industrial Group, LLC's Second Amended Complaint filed by Ford Motor Company, Ford Motor Company. (Attachments: #1 Index of Exhibits, #2 Exhibit A July 9, 2012 Response to Ford's First Requests, #3 Exhibit B Barry Portnoy Deposition Transcript, #4 Exhibit C Marc Bailey DepositionTranscript, #5 Exhibit D Ajuba Intern, LLC v. Saharia, #6 Exhibit E Trost v Trost, #7 Exhibit F Graham Medical Technologies, LLC v. Akron Medical, Inc., #8 Exhibit G George S. Hofmeister Family Trust Dated June 21, 1991 v. FGH Industries, LLC, #9 Exhibit H U.S. Fire Ins. Co. v. Polestar Const. Of Florida, LLC) (Peters, Marilyn)
July 20, 2012 Opinion or Order Filing 167 ANSWER to Counterclaim with Affirmative Defenses to First Amended Counterclaim of Demrex Industrial Services, Inc. by Devon Industrial Group, LLC. (Brooks, Keefe)
July 20, 2012 Opinion or Order Filing 166 RESPONSE to #153 MOTION to Dismiss Counts I, II, III, VIII and IX of Ford Motor Company's Amended Complaint and Counts IV, V, VI and VII of Devon Industrial Group, LLC's Second Amended Complaint filed by Devon Industrial Group, LLC. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Foodland v. Al-Naimi, #3 Exhibit B - Flagstar v. Mortgage Loan Specialists, #4 Exhibit C - U.S. Fire Ins. v. Polestar, #5 Exhibit D - Dept. of Ag. v. Appletree, #6 Exhibit E - Raleigh Radiology v. Eggleston, #7 Exhibit F - Trost v. Trost, #8 Exhibit G - Tooling Mfg. v. Tyler, #9 Exhibit H - Hofmeister v. FGH) (Brooks, Keefe)
July 20, 2012 Opinion or Order Filing 165 ATTORNEY APPEARANCE: Michael T. Price appearing on behalf of Devon Industrial Group, LLC (Price, Michael)
July 11, 2012 Opinion or Order Filing 164 COUNTERCLAIM filed by Demrex Industrial Services, Inc. against Ford Motor Company (Attachments: #1 Index of Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C) (Hauser, J.)
July 11, 2012 Opinion or Order Filing 163 NOTICE by Demrex Industrial Services, Inc. re #162 Third Party Complaint Withdrawal of Third Party Compaint Against Ford Motor Company (Hauser, J.)
July 10, 2012 Opinion or Order Filing 162 Amended THIRD PARTY COMPLAINT filed by Demrex Industrial Services, Inc. against Ford Motor Company (Attachments: #1 Index of Exhibits, #2 Exhibit, #3 Exhibit, #4 Exhibit) (Hauser, J.)
July 10, 2012 Opinion or Order Filing 161 Amended COUNTERCLAIM filed by Demrex Industrial Services, Inc. against Devon Industrial Group, LLC (Attachments: #1 Index of Exhibits, #2 Exhibit, #3 Exhibit, #4 Exhibit) (Hauser, J.)
July 10, 2012 Opinion or Order NOTICE of Error directed to: J. Christian Hauser re #160 Answer (Free). Document is prohibited discovery, disclosure or a certificate of service thereof. Document was stricken. [No Image Associated with this docket entry] (DPer)
July 9, 2012 Opinion or Order Filing 160 [STRICKEN - DISCOVERY] ANSWER to Ford Motor Company's Requests for Admissions, Request to Produce, and Second Interrogatories by Demrex Industrial Services, Inc., First Sealord Surety, Inc.. (Hauser, J.) Modified on 7/10/2012 (DPer).
June 27, 2012 Opinion or Order Filing 159 NOTICE of hearing on #153 MOTION to Dismiss. Motion Hearing set for 9/27/2012 02:00 PM before District Judge Sean F. Cox (JHer)
June 26, 2012 Opinion or Order Filing 158 3rd SCHEDULING ORDER: Fact Discovery due by 12/20/2012, Expert Discovery due by 2/20/2013, Final Pretrial Conference set for 7/9/2013 03:00 PM before District Judge Sean F. Cox Signed by District Judge Sean F. Cox. (Refer to image for additional dates) (JHer)
June 26, 2012 Opinion or Order Minute Entry - Status Conference held on 6/26/2012 before District Judge Sean F. Cox. (JHer)
June 25, 2012 Opinion or Order Filing 157 STIPULATION AND ORDER Extending Time for Plaintiffs Devon Industrial Group, LLC and Ford Motor Company to Respond as to #153 MOTION to Dismiss ( Responses due by 7/23/2012) Signed by District Judge Sean F. Cox. (JHer)
June 22, 2012 Opinion or Order Filing 156 ANSWER to Complaint with Affirmative Defenses D/E 146 by Altchem Environmental Services, Inc.(consolidated from 12-10647), Demrex Industrial Services, Inc., First Sealord Surety, Inc., Barry Portnoy(consolidated from 12-10647). (Hauser, J.)
June 21, 2012 Opinion or Order Filing 155 ANSWER to Complaint with Affirmative Defenses to D/E 146 by Altchem Environmental Services, Inc.(consolidated from 12-10647), Demrex Industrial Services, Inc., First Sealord Surety, Inc., Barry Portnoy(consolidated from 12-10647). (Hauser, J.) [DOCKET ERROR--INCOMPLETE COPY UPLOADED SEE #156 FOR CORRECTED VERSION] Modified on 6/22/2012 (TMcg).
June 21, 2012 Opinion or Order Filing 154 ANSWER to Amended Complaint with Affirmative Defenses by Altchem Environmental Services, Inc.(consolidated from 12-10647), Demrex Industrial Services, Inc., First Sealord Surety, Inc., Barry Portnoy(consolidated from 12-10647). (Hauser, J.)
June 21, 2012 Opinion or Order Filing 153 MOTION to Dismiss by Altchem Environmental Services, Inc.(consolidated from 12-10647), Demrex Industrial Services, Inc., First Sealord Surety, Inc., Barry Portnoy(consolidated from 12-10647). (Attachments: #1 Document Continuation, #2 Exhibit) (Hauser, J.)
June 20, 2012 Opinion or Order Attorney Jeffrey G. Heuer is discontinued from receiving Notices of Electronic Filing. Reason: J. Christian Hauser filed a substitution of counsel. (Heuer, Jeffrey)
June 19, 2012 Opinion or Order Filing 152 ORDER finding as moot #116 Motion for Leave to File. Signed by Magistrate Judge Laurie J. Michelson. (JJoh)
June 18, 2012 Opinion or Order Filing 151 NOTICE by Ford Motor Company of withdrawal of #123 MOTION for Default Judgment as to First Sealord Surety, Inc.. (Peters, Marilyn)
June 15, 2012 Opinion or Order Minute Entry - Telephone Conference regarding #116 and #123 Motions held on 6/15/2012 before Magistrate Judge Laurie J. Michelson. Disposition: Will submit order resolving motions. (JJoh)
June 7, 2012 Opinion or Order Filing 150 NOTICE: Telephone Conference set for 6/15/2012 at 10:00 AM before Magistrate Judge Laurie J. Michelson. Court will initiate call. (JJoh)
June 7, 2012 Opinion or Order Filing 149 Notice to Parties Regarding Consolidated Case: Order of consolidation entered on *6/5/12*. Designated lead case number is *11-10313*. (PMil)
June 5, 2012 Opinion or Order Filing 148 STIPULATED ORDER for Consolidation of Cases, Realignment of Parties and Amendment of Pleadings. Signed by District Judge Sean F. Cox. (PMil)
June 4, 2012 Opinion or Order Filing 146 AMENDED by Ford Motor Company Amended Complaint and Demand for Jury (Attachments: #1 Index of Exhibits, #2 Exhibit 1 Purchase Order, #3 Exhibit 2 Scrap Purchase Agreement, #4 Exhibit 3 Subcontract, #5 Exhibit 4 Scrap Handling Protocol, #6 Exhibit 5 Claim of Liens, #7 Exhibit 6 Demrex Lien, #8 Exhibit 7 First Sealord Performance and Payment Bond No. 10-03337-PP, #9 Exhibit 8 Surety Rider, #10 Exhibit 9 First Sealord Performance and Payment Bond No. 10-03338-PP, #11 Exhibit 10 Dual Obligee Riders on Bond Nos. 10-03337-PP and 10-03338-PP) (Peters, Marilyn)
June 4, 2012 Opinion or Order Filing 145 AMENDED COMPLAINT SECOND AMENDED COMPLAINT filed by Devon Industrial Group, LLC against Demrex Industrial Services, Inc., First Sealord Surety, Inc., Altchem Environmental Services, Inc., Barry Portnoy, Jason Goldberg. NO NEW PARTIES ADDED. (Brooks, Keefe)
June 1, 2012 Opinion or Order Filing 147 STIPULATION AND ORDER, Attorney Marcus R. Sanborn; David M. Zack; Kyle T. Zwiren; Don W. Blevins and Mark L. McAlpine terminated. Signed by District Judge Sean F. Cox. (PMil)
June 1, 2012 Opinion or Order TEXT-ONLY ORDER Lifting Stay. Signed by District Judge Sean F. Cox. (JHer)
May 21, 2012 Opinion or Order Minute Entry - Status Conference held on 5/21/2012 before District Judge Sean F. Cox. Disposition: Parties to Submit a Stipulation to Consolidate and Return for a Status Conference. ( Status Conference set for 6/26/2012 03:00 PM before District Judge Sean F. Cox) (JHer)
May 21, 2012 Opinion or Order Filing 144 NOTICE of Appearance by J. Christian Hauser on behalf of Demrex Industrial Services, Inc., First Sealord Surety, Inc.. (Hauser, J.)
May 18, 2012 Opinion or Order Filing 143 MOTION to Consolidate Cases and to Amend the Pleadings to Include All Claims and Parties by Ford Motor Company. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Proposed Amended Pleading, #3 Exhibit B - Oakland County Foreclosure Action, #4 Exhibit C - General Ledger Excerpts, #5 Exhibit D - Tax Levy, #6 Exhibit E - Due Diligence Documents, #7 Exhibit F - Portnoy Deposition Transcript) (Phillips, Lauren)
May 17, 2012 Opinion or Order Filing 142 MOTION to Withdraw by Demrex Industrial Services, Inc., First Sealord Surety, Inc.. (Blevins, Don)
April 10, 2012 Opinion or Order Filing 141 NOTICE TO APPEAR: Status Conference set for 5/21/2012 02:00 PM before District Judge Sean F. Cox (JHer)
April 9, 2012 Opinion or Order Filing 140 NOTICE by Ford Motor Company of Entry of Order For Relief From Stay (Attachments: #1 April 5, 2012 Stipulated Order of Court Granting Relief From Stay) (Phillips, Lauren)
February 15, 2012 Opinion or Order Filing 139 ORDER STAYING CASE Signed by District Judge Sean F. Cox. (JHer)
February 14, 2012 Opinion or Order Filing 138 ORDER Adjourning Oral Argument re #116 MOTION for Leave to File Second Amended Counterclaim and Third Party Complaint filed by Ford Motor Company, and #123 MOTION for Default Judgment as to First Sealord Surety, Inc. filed by Ford Motor Company. Signed by Magistrate Judge Laurie J. Michelson. (JJoh)
February 13, 2012 Opinion or Order Filing 137 NOTICE by All Parties of Entry of Order of Stay in State Court Case (Brooks, Keefe)
February 9, 2012 Opinion or Order Filing 136 SUR-REPLY re #116 MOTION for Leave to File Second Amended Counterclaim and Third Party Complaint filed by First Sealord Surety, Inc.. (Zwiren, Kyle)
February 7, 2012 Opinion or Order Filing 135 REPLY to Response re #113 MOTION for Withdrawal of Attorney McAlpine & Associates, P.C. filed by First Sealord Surety, Inc.. (Attachments: #1 Index of Exhibits Index of Exhibits, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3, #5 Exhibit Exhibit 4) (Zwiren, Kyle)
February 3, 2012 Opinion or Order Filing 134 ORDER Setting Hearing and Requiring a Sur-Reply re: #116 MOTION for Leave to File Second Amended Counterclaim and Third Party Complaint filed by Ford Motor Company : Sur-Reply due by 2/9/2012 and Motion Hearing set for 2/15/2012 at 10:00 AM before Magistrate Judge Laurie J. Michelson - Signed by Magistrate Judge Laurie J. Michelson. (JJoh)
February 2, 2012 Opinion or Order Filing 133 ORDER REFERRING MOTION to Magistrate Judge Laurie J. Michelson: #116 MOTION for Leave to File Second Amended Counterclaim and Third Party Complaint filed by Ford Motor Company. Signed by District Judge Sean F. Cox. (JHer)
February 1, 2012 Opinion or Order Filing 132 REPLY to Response re #123 MOTION for Default Judgment as to First Sealord Surety, Inc. filed by Ford Motor Company. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Fords Request for Admissions, for Production of Documents and Second Interrogatories to Demrex, #3 Exhibit 2 - Emails) (Phillips, Lauren)
January 31, 2012 Opinion or Order Filing 131 RESPONSE to #113 MOTION for Withdrawal of Attorney McAlpine & Associates, P.C. filed by Ford Motor Company. (Peters, Marilyn)
January 31, 2012 Opinion or Order Filing 130 RESPONSE to #113 MOTION for Withdrawal of Attorney McAlpine & Associates, P.C. filed by Devon Industrial Group, LLC. (Attachments: #1 Index of Exhibits, #2 Exhibit A) (Brooks, Keefe)
January 25, 2012 Opinion or Order Filing 129 RESPONSE to #123 MOTION for Default Judgment as to First Sealord Surety, Inc. filed by First Sealord Surety, Inc.. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4) (Zwiren, Kyle)
January 19, 2012 Opinion or Order Filing 128 NOTICE of hearing on #123 MOTION for Default Judgment as to First Sealord Surety, Inc.. Responses due by 1/25/2012, Replies due by 2/1/2012, and Motion Hearing set for 2/15/2012 01:00 PM before Magistrate Judge Laurie J. Michelson (JJoh)
January 10, 2012 Opinion or Order Filing 127 ORDER REFERRING MOTION to Magistrate Judge Laurie J. Michelson: #123 MOTION for Default Judgment as to First Sealord Surety, Inc. filed by Ford Motor Company. Signed by District Judge Sean F. Cox. (JHer)
January 10, 2012 Opinion or Order Filing 126 REPLY to Response re #116 MOTION for Leave to File Second Amended Counterclaim and Third Party Complaint filed by Ford Motor Company. (Peters, Marilyn)
January 5, 2012 Opinion or Order Filing 125 ORDER GRANTING #119 MOTION for Reconsideration. Signed by District Judge Sean F. Cox. (JHer)
January 4, 2012 Opinion or Order Filing 124 RESPONSE to #116 MOTION for Leave to File Second Amended Counterclaim and Third Party Complaint filed by First Sealord Surety, Inc.. (Attachments: #1 Exhibit Exhibit 1) (Zwiren, Kyle)
January 4, 2012 Opinion or Order Filing 123 MOTION for Default Judgment as to First Sealord Surety, Inc. by Ford Motor Company. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - First Sealord Surety, Inc.s Fourth Supplemental Response to Ford Motor Companys First Interrogatories and Second Requests for Production of Documents, #3 Exhibit 2 - Chronology of Attempts by Ford to Obtain Responses, #4 Exhibit 3 - Demrex Industrial Services, Inc. and First Sealord Surety, Inc.s Third Supplemental Response to Ford Motor Companys First Interrogatories and Second Requests for Production of Documents, #5 Exhibit 4 - Slater v. Liberty Mut. Ins. Co., unpublished case) (Phillips, Lauren)
January 4, 2012 Opinion or Order Filing 122 ORDER Clarifying #104 Report and Recommendation on Ford's Motion to Discharge Demrex's Construction Lien and Motion for Default Judgment, and Terminating #119 MOTION for Reconsideration filed by First Sealord Surety, Inc. Signed by Magistrate Judge Laurie J. Michelson. (JJoh)
January 3, 2012 Opinion or Order Filing 121 ORDER REFERRING MOTION to Magistrate Judge Laurie J. Michelson: #119 MOTION for Reconsideration Signed by District Judge Sean F. Cox. (JHer)
December 30, 2011 Opinion or Order Filing 120 2ND SCHEDULING ORDER: Fact Discovery due by 4/30/12, Expert Discovery due by 6/1/2012 Final Pretrial Conference set for 11/28/2012 02:00 PM before District Judge Sean F. Cox Trailing Trial Docket set for January/February 2013 Signed by District Judge Sean F. Cox. (Refer to image for additional dates) (JHer)
December 23, 2011 Opinion or Order Filing 119 MOTION for Reconsideration re #115 Order by First Sealord Surety, Inc.. (Attachments: #1 Exhibit Ex. 1, #2 Exhibit Ex. 2, #3 Exhibit Ex. 3, #4 Exhibit Ex. 4, #5 Exhibit Ex. 5, #6 Exhibit Ex. 6, #7 Exhibit Ex. 7, #8 Exhibit Ex. 8, #9 Exhibit Ex. 9, #10 Exhibit Ex. 10, #11 Exhibit Ex. 11, #12 Exhibit Ex. 12) (Zack, David)
December 21, 2011 Opinion or Order Filing 118 ORDER REGARDING BRIEFING as to #116 MOTION for Leave to File Second Amended Counterclaim and Third Party Complaint, #113 MOTION for Withdrawal of Attorney McAlpine & Associates, P.C. ( Responses to #116 Motion for Leave due by 1/4/2012. Responses to #113 Motion to Withdraw due by 2/1/2012 ) Signed by District Judge Sean F. Cox. (JHer)
December 21, 2011 Opinion or Order Filing 117 ORDER denying without prejudice #112 Motion for Default Judgment. Signed by District Judge Sean F. Cox. (JHer)
December 21, 2011 Opinion or Order Filing 116 MOTION for Leave to File Second Amended Counterclaim and Third Party Complaint by Ford Motor Company. (Attachments: #1 Index of Exhibits, #2 Exhibit A Ford Motor Company's Second Amended Third-Party Counterclaim and Third Party Claim, #3 Document Continuation Exhibits 1-6 to Exhibit A, #4 Document Continuation Exhibits 7 & 8 to Exhibit A, #5 Document Continuation Exhibit 9 to Exhibit A, #6 Document Continuation Exhibits 10-13 to Exhibit A, #7 Exhibit B General ledger documents, #8 Exhibit C Barry Portnoy Deposition Transcript Pages, #9 Exhibit D Subcontract, #10 Exhibit E Lien Chart, #11 Exhibit F 8/12/09 Post Bid Addendum, #12 Exhibit G 9/14/09 Post Bid Addendum, #13 Exhibit H Demrex lien foreclosure action in Oakland County Circuit Court, #14 Exhibit I Tax Levy, #15 Exhibit J Complaint filed against Demrex and Altchem in Texas, #16 Exhibit K Discovery Chronology, #17 Exhibit L Demrex Business Entity Filing History, #18 Exhibit M Documents from Due Diligence) (Peters, Marilyn)
December 21, 2011 Opinion or Order Filing 115 ORDER REGARDING #104 Report and Recommendation. Signed by District Judge Sean F. Cox. (JHer)
December 21, 2011 Opinion or Order Filing 114 NOTICE of Joinder/Concurrence in #112 MOTION for Default Judgment as to Demrex Industrial Services, Inc., Devon Industrial Group, LLC, First Sealord Surety, Inc. And For Sanctions for Failure to Comply with Magistrate's Report and Recommendations filed by Ford Motor Company by Devon Industrial Group, LLC (Attachments: #1 Index of Exhibits, #2 Exhibit A - Requests for Admission to First Sealord and Responses) (Brooks, Keefe) Modified on 12/21/2011 (KKra). [DOCUMENT FILED ON BEHALF OF DEVON INDUSTRIAL GROUP, LLC ONLY]
December 21, 2011 Opinion or Order Minute Entry - Status Conference held on 12/21/2011 before District Judge Sean F. Cox. (JHer)
December 20, 2011 Opinion or Order Filing 113 MOTION for Withdrawal of Attorney McAlpine & Associates, P.C. by First Sealord Surety, Inc.. (Blevins, Don)
December 20, 2011 Opinion or Order Filing 112 MOTION for Default Judgment as to Demrex Industrial Services, Inc., Devon Industrial Group, LLC, First Sealord Surety, Inc. And For Sanctions for Failure to Comply with Magistrate's Report and Recommendations by Ford Motor Company. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 First Sealord's Second Amended Response to Ford's Discovery, and First Sealord's Fourth Supplemental Response to Ford's Discovery, #3 Exhibit 2 Chronology of Ford's Attempts to Obtain Repsonses from Demrex and First Sealord, #4 Exhibit 3 Demrex and First Sealord's Third Supplemental Response to Ford's Discovery) (Peters, Marilyn)[MOTION FOR DEFAULT JUDGMENT AS TO FIRST SEALORD SURETY, INC. ONLY] Modified on 12/21/2011 (DPer).
December 16, 2011 Opinion or Order Filing 111 TRANSCRIPT of Motion Hearing held on 11/21/2011. (Court Reporter/Transcriber: Rene L Twedt) (Number of Pages: 86) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 1/6/2012. Redacted Transcript Deadline set for 1/17/2012. Release of Transcript Restriction set for 3/15/2012. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber at www.transcriptorders.com before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Twedt, R)
December 16, 2011 Opinion or Order Filing 110 NOTICE TO APPEAR: Status Conference set for 12/21/2011 03:00 PM before District Judge Sean F. Cox (JHer)
December 15, 2011 Opinion or Order Filing 109 NOTICE of Joinder/Concurrence in #108 MOTION to Amend Scheduling Order filed by Devon Industrial Group, LLC by Ford Motor Company (Peters, Marilyn)
December 13, 2011 Opinion or Order Filing 108 MOTION to Amend Scheduling Order by Devon Industrial Group, LLC. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Bankruptcy Petition, #3 Exhibit B - IRS Levy) (Brooks, Keefe)
December 5, 2011 Opinion or Order Filing 107 STATEMENT of Ford Motor Company's Response to Objections of Demrex and First Sealord to Report and Recommendations of Magistrate Judge Michelson by Ford Motor Company (Attachments: #1 Index of Exhibits, #2 Exhibit 1 Oakland County Circuit Court Complaint, #3 Exhibit 2 Pages of general ledger documents, #4 Exhibit 3 Demrex Lien Claimants Chart, #5 Exhibit 4 Complaint Against Demrex in Texas, #6 Exhibit 5 Chronology of Discovery Attempts, #7 Exhibit 6 Ford's First Set of Discovery Requests to Demrex, #8 Exhibit 7 Ford's Second Set of Discovery Requests to Demrex, #9 Exhibit 8 Demrex and First Sealords Responses to Ford's Discovery Requests, #10 Exhibit 9 Demrex Responses Chart, #11 Exhibit 10 Demrex 30(b)(6) Deposition Transcript Pages, #12 Exhibit 11 Email between Counsel for Ford, Demrex and DIG re: Magistrate's Report and Recommendation) (Peters, Marilyn)
December 5, 2011 Opinion or Order Filing 106 RESPONSE to #105 Objection, to Report & Recommmendations of Magistrate Judge Michelson by Devon Industrial Group, LLC. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Complaint filed against Demrex & Altchem in Beaumont, TX, #3 Exhibit B - Select pages from Demrex Geneal Ledger, #4 Exhibit C - Devon's 2-14-11 First Document Requests to Demrex, #5 Exhibit D- Devon's 5-6-11 First Document Requests to Demrex, #6 Exhibit E - Demrex's Answers to Devon's First Document Request) (Brooks, Keefe)
December 1, 2011 Opinion or Order Filing 105 OBJECTION to #104 Report and Recommendation, Order, Terminate Motions,,,,,, Regarding the Imaging of Demrex's Computers and Servers by Demrex Industrial Services, Inc.. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6) (Zwiren, Kyle)
November 22, 2011 Opinion or Order Filing 104 REPORT AND RECOMMENDATION To Grant in Part and Deny in Part #62 MOTION Discharge of Construction Lien and Sanctions of Defendant Demrex Industrial Services, Inc. filed by Ford Motor Company and #63 MOTION for Default Judgment as to Demrex Industrial Services, Inc., First Sealord Surety, Inc. And For Sanctions For Violation of Order to Compel filed by Ford Motor Company ; AND ORDER Denying as Moot #79 MOTION to Strike #76 Notice of Joinder/Concurrence,, filed by Demrex Industrial Services, Inc. - Signed by Magistrate Judge Laurie J. Michelson. (JJoh)
November 22, 2011 Opinion or Order Filing 103 NOTICE by Demrex Industrial Services, Inc., First Sealord Surety, Inc. of withdrawal of #98 Emergency MOTION for Protective Order in Connection with Devon Industrial Group, LLC's Notice of Deposition Pursuant to Rule 30(b)(6)Emergency MOTION for Protective Order in Connection with Devon Industrial Group, LLC's Notice of Deposition Pursuant to Rule 30(b)(6). (Zack, David)
November 21, 2011 Opinion or Order Minute Entry - Motion Hearing held on 11/21/2011 re #62 MOTION Discharge of Construction Lien and Sanctions of Defendant Demrex Industrial Services, Inc. filed by Ford Motor Company - Taken Under Advisement, #63 MOTION for Default Judgment as to Demrex Industrial Services, Inc., First Sealord Surety, Inc. And For Sanctions For Violation of Order to Compel filed by Ford Motor Company - Taken Under Advisement, AND #79 MOTION to Strike #76 Notice of Joinder/Concurrence,, filed by Demrex Industrial Services, Inc. - Denied - before Magistrate Judge Laurie J. Michelson. (Tape #LJM 11/21/2011) (JJoh)
November 15, 2011 Opinion or Order Filing 102 WITNESS LIST by Demrex Industrial Services, Inc., First Sealord Surety, Inc. (Zack, David)
November 15, 2011 Opinion or Order Filing 101 OBJECTION to #96 Declaration, #95 Declaration Filed Improperly in Response to Motion to Discharge Construction Lien of Demrex Industrial Services, Inc. and for Sanctions by Ford Motor Company. (Attachments: #1 Exhibit Transmittal letter and emails concerning disks) (Peters, Marilyn)
November 15, 2011 Opinion or Order Filing 100 ORDER REFERRING MOTION to Magistrate Judge Laurie J. Michelson: #98 Emergency MOTION for Protective Order in Connection with Devon Industrial Group, LLC's Notice of Deposition Pursuant to Rule 30(b)(6)Emergency MOTION for Protective Order in Connection with Devon Industrial Group, LLC's Notice of Deposition Pursuant to Rule 30(b)(6) filed by Demrex Industrial Services, Inc.. Signed by District Judge Sean F. Cox. (JHer)
November 15, 2011 Opinion or Order Filing 99 WITNESS LIST by Ford Motor Company (Peters, Marilyn)
November 15, 2011 Opinion or Order Filing 98 Emergency MOTION for Protective Order in Connection with Devon Industrial Group, LLC's Notice of Deposition Pursuant to Rule 30(b)(6) by Demrex Industrial Services, Inc.. (Attachments: #1 Exhibit June 29, 2011 Rule 30(b)(6) deposition notice, #2 Exhibit July 13, 2011 Rule 30(b)(6) amended deposition notice, #3 Exhibit Deposition Transcript of Barry Portnoy, #4 Exhibit November 10, 2011 Rule 30(b)(6) deposition notice) (Zack, David)
November 15, 2011 Opinion or Order Filing 97 WITNESS LIST by Devon Industrial Group, LLC (Attachments: #1 Exhibit A - Project Contact List) (Brooks, Keefe)
November 14, 2011 Opinion or Order Filing 96 DECLARATION by Barry M. Portnoy, Demrex CEO re #77 Response to Motion,, for Discharge of Construction Lien filed by Demrex Industrial Services, Inc. (Zack, David)
November 14, 2011 Opinion or Order Filing 95 DECLARATION by David M. Zack re #77 Response to Motion,, filed by Demrex Industrial Services, Inc., First Sealord Surety, Inc. (Zack, David)
November 4, 2011 Opinion or Order Filing 94 NOTICE by Devon Industrial Group, LLC of withdrawal of #90 MOTION to Have Certain Requests for Admission to First Sealord Deemed Admitted. (Brooks, Keefe)
November 2, 2011 Opinion or Order Filing 93 STIPULATED ORDER of Adjournment of Hearing re: #62 MOTION Discharge of Construction Lien and Sanctions of Defendant Demrex Industrial Services, Inc.; #63 MOTION for Default Judgment as to Demrex Industrial Services, Inc., First Sealord Surety, Inc. And For Sanctions For Violation of Order to Compel ; #65 and #76 Notices of Joinder/Concurrence; and #79 MOTION to Strike #76 Notice of Joinder/Concurrence: Motion Hearing adjourned to 11/21/2011 01:30 PM before Magistrate Judge Laurie J. Michelson - Signed by Magistrate Judge Laurie J. Michelson. (JJoh)
November 2, 2011 Opinion or Order TEXT-ONLY ORDER granting #86 Motion for Leave to File Excess Pages -Entered by Magistrate Judge Laurie J. Michelson. (JJoh)
October 31, 2011 Opinion or Order Filing 92 NOTICE by Ford Motor Company re #67 Supplemental Brief,,,, #63 MOTION for Default Judgment as to Demrex Industrial Services, Inc., First Sealord Surety, Inc. And For Sanctions For Violation of Order to Compel Notice of Submission of Supplemental Exhibits (Attachments: #1 Index of Exhibits, #2 Exhibit A 10/26/11 letter from Demrex to DIG and Ford, #3 Exhibit B 10/28/11 Email between Ford, Demrex and DIG) (Peters, Marilyn)
October 27, 2011 Opinion or Order Filing 91 ORDER REFERRING MOTION to Magistrate Judge Laurie J. Michelson: #90 MOTION to Have Certain Requests for Admission to First Sealord Deemed Admitted filed by Devon Industrial Group, LLC. Signed by District Judge Sean F. Cox. (JHer)
October 27, 2011 Opinion or Order Filing 90 MOTION to Have Certain Requests for Admission to First Sealord Deemed Admitted by Devon Industrial Group, LLC. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Devon's Request for Admission with Responses and exhibits, #3 Exhibit B - Demrex' Second Supplemental Response to Devon's First Interrogatories) (Brooks, Keefe)
October 26, 2011 Opinion or Order Filing 89 SUR-REPLY re #62 MOTION Discharge of Construction Lien and Sanctions of Defendant Demrex Industrial Services, Inc. filed by Demrex Industrial Services, Inc., First Sealord Surety, Inc.. (Zack, David)
October 26, 2011 Opinion or Order Filing 88 REPLY to Response re #62 MOTION Discharge of Construction Lien and Sanctions of Defendant Demrex Industrial Services, Inc. filed by Ford Motor Company. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - OCCC Complaint, #3 Exhibit 2 - Emails, #4 Exhibit 3 - Third Supplemental Responses to Fords Discovery Requests, #5 Exhibit 4 - Second Supplemental Responses to DIGs Discovery Requests, #6 Exhibit 5 - Concise statement of issues presented and the controlling and most appropriate authority, #7 Exhibit 6 - R.E. Dailey & Co. v. John Madden Co., Ltd. (1992 unpublished case), #8 Exhibit 7 - R.E. Dailey & Co. v. John Madden Co., Ltd. (1993 unpublished case)) (Phillips, Lauren)
October 26, 2011 Opinion or Order Filing 87 REPLY to Response re #62 MOTION Discharge of Construction Lien and Sanctions of Defendant Demrex Industrial Services, Inc. filed by Ford Motor Company. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - OCCC Complaint, #3 Exhibit 2 - Emails, #4 Exhibit 3 - Third Supplemental Responses to Fords Discovery Requests, #5 Exhibit 4 - Second Supplemental Responses to DIGs Discovery Requests, #6 Exhibit 5 - Concise statement of issues presented and the controlling and most appropriate authority, #7 Exhibit 6 - R.E. Dailey & Co. v. John Madden Co., Ltd. (1992 unpublished case), #8 Exhibit 7 - R.E. Dailey & Co. v. John Madden Co., Ltd. (1993 unpublished case)) (Phillips, Lauren)[FILING ERROR-WRONG DOCUMENT UPLOADED SEE #88 FOR CORRECTED VERSION] Modified on 10/27/2011 (TMcg).
October 26, 2011 Opinion or Order Filing 86 Ex Parte MOTION for Leave to File Excess Pages by Ford Motor Company. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Ford Motor Companys Reply Brief, #3 Exhibit 2 - Proposed Order Granting Fords Ex Parte Motion to File Reply Brief That Exceeds Page Limit) (Phillips, Lauren)
October 26, 2011 Opinion or Order Filing 85 REPLY to Response re #63 MOTION for Default Judgment as to Demrex Industrial Services, Inc., First Sealord Surety, Inc. And For Sanctions For Violation of Order to Compel filed by Ford Motor Company. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 9/27/11 email chain Re: Morning meeting followup, #3 Exhibit 2 Deposition Transcript Excerpt from Barry Portnoy, Demrex's 30(b)(6) witness, #4 Exhibit 3 10/20/11 email chain Re: Document production, #5 Exhibit 4 10/21/11 email chain Re: Ford and Devon Production, #6 Exhibit 5 Photograph of additional discovery documents, #7 Exhibit 6 10/14/11 email chain Re: Demrex Third Supplemental Responses to Interrogatories and document requests, #8 Exhibit 7 Demrex & First Sealord's Third Supplemental Response to Ford's First Interrogatories and Second Requests for Production of Documents) (Peters, Marilyn)
October 18, 2011 Opinion or Order Filing 84 ORDER Setting Briefing Schedule, New Hearing Date, and Cancelling 11/2/2011 Hearing re #62 , #63 , #65 , #76 Notice of Joinder/Concurrence,, filed by Devon Industrial Group, LLC, and #79 MOTION to Strike #76 Notice of Joinder/Concurrence filed by Demrex Industrial Services, Inc.For Violation of Order to Compel : Motion Hearing set for 11/15/2011 01:30 PM before Magistrate Judge Laurie J. Michelson - Signed by Magistrate Judge Laurie J. Michelson. (see image for additional deadlines) (JJoh)
October 18, 2011 Opinion or Order Filing 83 STIPULATED ORDER Extending Deadline for Reply Briefs re: #62 MOTION Discharge of Construction Lien and Sanctions of Defendant Demrex Industrial Services, Inc. and #63 MOTION for Default Judgment as to Demrex Industrial Services, Inc., First Sealord Surety, Inc. And For Sanctions For Violation of Order to Compel: Replies due by 10/26/2011 - Signed by Magistrate Judge Laurie J. Michelson. (JJoh)
October 18, 2011 Opinion or Order Filing 82 RESPONSE to #79 MOTION to Strike #76 Notice of Joinder/Concurrence,, filed by Devon Industrial Group, LLC. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Print-out from US District Court's adopted and approved ECF filing system, #3 Exhibit B - Complaint filed in OCCC - Case No. 11-122309-CK) (Brooks, Keefe)
October 18, 2011 Opinion or Order Filing 81 REPLY to Response re #63 MOTION for Default Judgment as to Demrex Industrial Services, Inc., First Sealord Surety, Inc. And For Sanctions For Violation of Order to Compel filed by Devon Industrial Group, LLC. (Attachments: #1 Index of Exhibits, #2 Exhibit A - OCCC Case No. 11-122309-CK Party Listing, #3 Exhibit B - 8-12-09 Post Bid Addendum, #4 Exhibit C - 9-14-09 Post Bid Addendum, #5 Exhibit D - Ford Wixom Scrap/Recovery Streams Handling Protocol, #6 Exhibit E - Email exchanges between counsel for Devon and Demrex, #7 Exhibit F - 6-25-10 File Memo) (Brooks, Keefe)
October 17, 2011 Opinion or Order Filing 80 ORDER REFERRING MOTION to Magistrate Judge Laurie J. Michelson: #76 Joinder/Concurrance #79 MOTION to Strike #76 Notice of Joinder/Concurrence, filed by Demrex Industrial Services, Inc.. Signed by District Judge Sean F. Cox. (JHer)
October 13, 2011 Opinion or Order Filing 79 MOTION to Strike #76 Notice of Joinder/Concurrence,, by Demrex Industrial Services, Inc.. (Zack, David)
October 11, 2011 Opinion or Order Filing 78 RESPONSE to #63 MOTION for Default Judgment as to Demrex Industrial Services, Inc., First Sealord Surety, Inc. And For Sanctions For Violation of Order to Compel filed by Demrex Industrial Services, Inc., First Sealord Surety, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (Zack, David)
October 11, 2011 Opinion or Order Filing 77 RESPONSE to #62 MOTION Discharge of Construction Lien and Sanctions of Defendant Demrex Industrial Services, Inc. filed by Demrex Industrial Services, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Index of Exhibits Index of Exhibits) (Zack, David)
October 11, 2011 Opinion or Order Filing 76 NOTICE of Joinder/Concurrence in #62 MOTION Discharge of Construction Lien and Sanctions of Defendant Demrex Industrial Services, Inc. filed by Ford Motor Company by Devon Industrial Group, LLC (Attachments: #1 Index of Exhibits, #2 Exhibit A - Ford Demand to Discharge Liens, #3 Exhibit B - Demrex Claim of Lien, #4 Exhibit C - Demrex 2-28-11 progress report, #5 Exhibit D - Demrex Second Supplemental Answers to Interrogatories, #6 Exhibit E - First Sealord denial letters) (Brooks, Keefe)
October 11, 2011 Opinion or Order TEXT-ONLY ORDER Granting #75 Ex Parte MOTION for Leave to File Excess Pages filed by Demrex Industrial Services, Inc. Entered by Magistrate Judge Laurie J. Michelson. (JJoh)
October 10, 2011 Opinion or Order Filing 75 Ex Parte MOTION for Leave to File Excess Pages by Demrex Industrial Services, Inc.. (Zack, David)
October 7, 2011 Opinion or Order Filing 74 NOTICE of hearing on #62 MOTION Discharge of Construction Lien and Sanctions of Defendant Demrex Industrial Services, Inc.. Responses due by 10/11/2011, Replies due by 10/18/2011, Motion Hearing set for 11/2/2011 01:30 PM before Magistrate Judge Laurie J. Michelson (JJoh)
October 5, 2011 Opinion or Order Filing 73 AMENDED ORDER REFERRING OTHER MATTERS to Magistrate Judge *Michaelson*: #65 Notice of Joinder/Concurrence filed by Devon Industrial Group, LLC. Signed by District Judge Sean F. Cox. (JHer)
October 5, 2011 Opinion or Order Filing 72 ORDER REFERRING OTHER MATTERS to Magistrate Judge *Michaelson*: #65 Joinder/Concurrence filed by Devon Industrial Group, LLC. Signed by District Judge Sean F. Cox. (JHer)
October 5, 2011 Opinion or Order Filing 71 ORDER REFERRING MOTION to Magistrate Judge Laurie J. Michelson: #62 MOTION Discharge of Construction Lien and Sanctions of Defendant Demrex Industrial Services, Inc. filed by Ford Motor Company. Signed by District Judge Sean F. Cox. (JHer)
October 4, 2011 Opinion or Order Filing 70 NOTICE of hearing on #63 MOTION for Default Judgment as to Demrex Industrial Services, Inc., First Sealord Surety, Inc. And For Sanctions For Violation of Order to Compel and #65 Notice of Joinder: Responses due by 10/11/2011, Replies due by 10/18/2011, and Motion Hearing set for 11/2/2011 at 01:30 PM before Magistrate Judge Laurie J. Michelson (JJoh)
October 3, 2011 Opinion or Order Filing 69 ATTORNEY APPEARANCE: Kyle T. Zwiren appearing on behalf of Demrex Industrial Services, Inc., First Sealord Surety, Inc. Amended (Zwiren, Kyle)
September 30, 2011 Opinion or Order Filing 68 ATTORNEY APPEARANCE: Kyle T. Zwiren appearing on behalf of Demrex Industrial Services, Inc., First Sealord Surety, Inc. (Zwiren, Kyle)
September 30, 2011 Opinion or Order Filing 67 SUPPLEMENTAL BRIEF re #63 MOTION for Default Judgment as to Demrex Industrial Services, Inc., First Sealord Surety, Inc. And For Sanctions For Violation of Order to Compel filed by Ford Motor Company. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 Stipulated Order on Motions to Compel (Docket #35 Only), #3 Exhibit 2 Ford's First Requests for Production of Documents to Demrex and First Sealord, #4 Exhibit 3 9/7/11 E-mail from S. Pilat to K. Zwiren re: Discovery Issues, #5 Exhibit 4 9/12/11 E-mail string between M. Peters, K. Zwiren, D. Zack and K. Brooks re: First Sealord Disk, #6 Exhibit 5 9/2/11 - 9/13/11 E-mails string between M. Peters, K. Zwiren, D. Zack, D. Blevins and K. Brooks re: First Sealord Disk, #7 Exhibit 6 9/22/11 - 9/27/11 E-mail string between K. Zwiren, D. Zack, K. Brooks and M. Peters re: Monday morning follow up, #8 Exhibit 7 Demrex's Supplemental Response to Devon's First Interrogatories, #9 Exhibit 8 9/30/11 E-mail string between K. Zwiren, K. Brooks, M. Peters and D. Zack re: Ford and Devon Production) (Peters, Marilyn)
September 29, 2011 Opinion or Order Filing 66 ORDER REFERRING MOTION to Magistrate Judge Laurie J. Michelson: #63 MOTION for Default Judgment as to Demrex Industrial Services, Inc., First Sealord Surety, Inc. And For Sanctions For Violation of Order to Compel filed by Ford Motor Company. Signed by District Judge Sean F. Cox. (JHer)
September 16, 2011 Opinion or Order Filing 65 NOTICE of Joinder/Concurrence in #63 MOTION for Default Judgment as to Demrex Industrial Services, Inc., First Sealord Surety, Inc. And For Sanctions For Violation of Order to Compel filed by Ford Motor Company by Devon Industrial Group, LLC or Alternatively, to Compel Discovery and for Extension of the Discovery Period in this Case (Attachments: #1 Index of Exhibits, #2 Exhibit A - Plaintiff's First Document Requests to Defendant dated 2/14/11, #3 Exhibit B - Plaintiff's First Document Requests to Defendant dated 5/6/11, #4 Exhibit C - Defendant's Answer to Plaintiff's First Document Requests dated 6/20/11, #5 Exhibit D - Scheduling Order (DKT 31)) (Brooks, Keefe)
September 15, 2011 Opinion or Order Filing 64 CERTIFICATE OF SERVICE re #63 MOTION for Default Judgment as to Demrex Industrial Services, Inc., First Sealord Surety, Inc. And For Sanctions For Violation of Order to Compel by Ford Motor Company Amended to Correct Service Date (Peters, Marilyn)
September 15, 2011 Opinion or Order Filing 63 MOTION for Default Judgment as to Demrex Industrial Services, Inc., First Sealord Surety, Inc. And For Sanctions For Violation of Order to Compel by Ford Motor Company. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 Demrex Claim of Lien, #3 Exhibit 2 Ford's First Interrogatories and Second Requests for Production of Documents to Demrex and First Sealord, #4 Exhibit 3 Stipulated Order on Motion for Sanctions and To Compel (Docket No. 40 only), #5 Exhibit 4 Demrex and First Sealord's Second Supplemental Response to Ford's First Interrogatories and Second Requests for Production of Documents, #6 Exhibit 5 Demrex's Second Supplemental Response to DIG's First Interrogatories, #7 Exhibit 6 9/9/11 E-mail from Peters to Zwiren, Zack and Brooks re: Interrogatory Responses, #8 Exhibit 7 9/14/11 E-mail from Peters to Zack, Zwiren, Brooks & King re: Supplemental Responses to Interrogatories and Documents Requests from Ford, #9 Exhibit 8 9/14/11 E-Mail from Peters to Zack, Brooks, Blevins, Zwiren & King re: First Sealord Disk, #10 Exhibit 9 Summary Lien Chart, #11 Exhibit 10 Ford's Reply Brief in Support of Its Motion for Sanctions and/or To Compel Demrex and First Sealord's Responses to Ford's First Interrogatories and Second Requests for Production of Documents, #12 Exhibit 11 Brown v Gojcaj Foods, Inc., 2011 WL 1980533 (E.D. Mich. May 20, 2011), #13 Exhibit 12 U.S. v. Reyes, 307 F. 3d 451, 458 (6th Cir. 2002), #14 Exhibit 13 National Hockey League v Metropolitan Hockey Club, Inc., 427 U.S. 639, 96 S.Ct. 2778 (1976), #15 Exhibit 14 Smith v. Nationwide Mut. Fire Ins. Co., 410 Fed. Appx. 891, 2010 WL 5158538, #16 Exhibit 15 Bryant v. U.S., ex rel. U.S. Postal Service, 166 Fed. Appx. 207 (2006), #17 Exhibit 16 Southern Wabash Communication, Ltd. v. Union County Broadcasting Co, Inc., 69 Fed. Appx. 285, 2003 WL 21525112) (Peters, Marilyn)
September 13, 2011 Opinion or Order Filing 62 MOTION Discharge of Construction Lien and Sanctions of Defendant Demrex Industrial Services, Inc. by Ford Motor Company. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 Demrex Claim of Lien, #3 Exhibit 2 DIG Subcontract, #4 Exhibit 3 Demrex Application for Payment, #5 Exhibit 4 Demrex/Sealord's Supplemental Response to Ford's Discovery Requests, #6 Exhibit 5 Demrex Scrap Handling Protocal, #7 Exhibit 6 6/13/11 Demand Letter, #8 Exhibit 7 Stipulated order on Motion for Sanctions and To Compel (Docket No. 40 Only), #9 Exhibit 8 Purchase Order to DIG, #10 Exhibit 9 Demrex Purchase Order, #11 Exhibit 10 Demrex's Receipt of Initial Purchase Order, #12 Exhibit 11 8/10/10 e-mail from J. Borchert to Upedies re: Schedule, #13 Exhibit 12 Apex Enviromanagement Lien, #14 Exhibit 13 Demrex's Response to Notice of Default, #15 Exhibit 14 Lien Summary Chart, #16 Exhibit 15 Demrex Motion for Temporary Restraining order, Replevin and For Preliminary Injunction in Case No. 2:10-cv-15072, #17 Exhibit 16 8/18/11 Demrex 30(b)(6) Deposition Transcript w/Exhibits, #18 Exhibit 17 Currier Lumber Co v. Ruoof, 293 Mich. 505, 507; 299 N.W. 163 (1941), #19 Exhibit 18 Sacchetti v. Recreation Co., 304 Mich. 185, 192; 7 N.W. 2d 265 (1943), #20 Exhibit 19 Superior Products Co. v. Merucci Bros., Inc., 107 Mich. App. 153, 158; 309 N.W. 2d 188 (1981), #21 Exhibit 20 Michigan Consruction Lien Act (Excerpts), #22 Exhibit 21 Southeastern Tile LLC v Pierce, 2011 WL 1565458, at *2 (Mich App April 26, 2011), #23 Exhibit 22 Kitchen Doctor, Inc v Authentic Properties, LLC, 2010 WL 2757024, at *1 (Mich App July 13, 2010), #24 Exhibit 23 Proposed Order) (Peters, Marilyn) [EXHIBIT 16 WAS UPLOADED WITH EXHIBIT 15] Modified on 9/14/2011 (LHac).
August 23, 2011 Opinion or Order Filing 61 NOTICE of Error re #60 Certificate of Service. (DWor)
August 22, 2011 Opinion or Order Filing 60 [STRICKEN] CERTIFICATE OF SERVICE by Demrex Industrial Services, Inc., First Sealord Surety, Inc. (Zack, David) Modified on 8/23/2011 (DWor).
August 22, 2011 Opinion or Order Filing 59 NOTICE by Devon Industrial Group, LLC of withdrawal of #51 MOTION for Default Judgment as to Demrex Industrial Services, Inc.. (Brooks, Keefe)
August 22, 2011 Opinion or Order Filing 58 ORDER REFERRING MOTION to Magistrate Judge Laurie J. Michelson: #51 MOTION for Default Judgment as to Demrex Industrial Services, Inc. filed by Devon Industrial Group, LLC. Signed by District Judge Sean F. Cox. (JHer)
August 16, 2011 Opinion or Order Filing 57 STIPULATION AND ORDER to Compel Deposition Signed by District Judge Sean F. Cox. (JHer)
August 10, 2011 Opinion or Order Filing 56 NOTICE by Devon Industrial Group, LLC of withdrawal of #47 MOTION for Default Judgment as to First Sealord Surety, Inc.. (Brooks, Keefe)
August 9, 2011 Opinion or Order Filing 55 ORDER resolving #40 Motion for Sanctions. Signed by Magistrate Judge Laurie J. Michelson. (JJoh)
August 9, 2011 Opinion or Order Filing 54 ORDER resolving #35 Motion to Compel. Signed by Magistrate Judge Laurie J. Michelson. (JJoh)
August 9, 2011 Opinion or Order Filing 53 ORDER resolving #33 Motion to Compel. Signed by Magistrate Judge Laurie J. Michelson. (JJoh)
August 9, 2011 Opinion or Order TEXT-ONLY NOTICE: Hearing on 8/9/2011 is Cancelled re #40 MOTION for Sanctions and/or to Compel Demrex and First Sealord's Responses to Ford's First Interrogatories and Second Requests for Production of Documents, #35 MOTION to Compel Defendants Demrex Industrial Services, Inc. and First Sealord Surety, Inc.'s Responses to Ford Motor Company's First Requests for Production of Documents and for Sanctions, and #33 MOTION to Compel Discovery and for Discovery Sanctions and Brief in Support (JJoh)
August 8, 2011 Opinion or Order Filing 52 NOTICE of Joinder/Concurrence in #51 MOTION for Default Judgment as to Demrex Industrial Services, Inc. filed by Devon Industrial Group, LLC by Ford Motor Company (Peters, Marilyn)
August 8, 2011 Opinion or Order Filing 51 MOTION for Default Judgment as to Demrex Industrial Services, Inc. by Devon Industrial Group, LLC. (Attachments: #1 Index of Exhibits Index, #2 Exhibit A - June 24, 2011 email, #3 Exhibit B - June 29, 2011 Dep Notice, #4 Exhibit C - July 12, 2011 email, #5 Exhibit D - July 13, 2011 email, #6 Exhibit E - July 13, 2011 Dep Notice) (Brooks, Keefe)
August 2, 2011 Opinion or Order Filing 50 REPLY to Response re #40 MOTION for Sanctions and/or to Compel Demrex and First Sealord's Responses to Ford's First Interrogatories and Second Requests for Production of Documents filed by Ford Motor Company. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - E-mail with proposed order and Demrexs response, #3 Exhibit 2 - E-mail with revised list of unresolved issues and Demrexs response, #4 Exhibit 3 - Castleberry v. Neumann Law P.C., unpublished case, #5 Exhibit 4 - Webb v. Deutsche Bank, unpublished case, #6 Exhibit 5 - Proposed Order, #7 Exhibit 6 - Alternative Proposed Order, #8 Exhibit 7 - Sungjin Fo-Ma, Inc. v. Chainworks, Inc., unpublished case, #9 Exhibit 8 - Tenneco Automotive Co., Inc. v. Kingdom Auto Parts, unpublished case, #10 Exhibit 9 - Brown v. Gojcaj Foods, Inc., unpublished case) (Phillips, Lauren)
August 2, 2011 Opinion or Order Filing 49 NOTICE of Appearance by Lauren M. Phillips on behalf of Ford Motor Company. (Phillips, Lauren)
August 2, 2011 Opinion or Order Filing 48 RESPONSE to #40 MOTION for Sanctions and/or to Compel Demrex and First Sealord's Responses to Ford's First Interrogatories and Second Requests for Production of Documents filed by Demrex Industrial Services, Inc., First Sealord Surety, Inc.. (Zack, David)
July 28, 2011 Opinion or Order Filing 47 MOTION for Default Judgment as to First Sealord Surety, Inc. by Devon Industrial Group, LLC. (Attachments: #1 Index of Exhibits, #2 Exhibit A - 6-29-11 Notice of Taking Deposition, #3 Exhibit B - 7-11-11 Email, #4 Exhibit c - 7-25-11 Email) (Brooks, Keefe)
July 27, 2011 Opinion or Order Filing 46 ANSWER to Counterclaim with Affirmative Defenses by All Defendants. (Blevins, Don)
July 25, 2011 Opinion or Order Filing 45 REPLY to Response re #35 MOTION to Compel Defendants Demrex Industrial Services, Inc. and First Sealord Surety, Inc.'s Responses to Ford Motor Company's First Requests for Production of Documents and for Sanctions filed by Ford Motor Company. (Attachments: #1 Exhibit A Demrex and First Sealord's First Amended Response to Ford's First Requests for Production of Documents) (Peters, Marilyn)
July 22, 2011 Opinion or Order Filing 44 NOTICE of hearing on #40 MOTION for Sanctions and/or to Compel Demrex and First Sealord's Responses to Ford's First Interrogatories and Second Requests for Production of Documents. Responses due by 7/25/2011, Replies due by 8/2/2011, Resolved/Unresolved Issues due by 8/2/2011, and Motion Hearing set for 8/9/2011 02:00 PM before Magistrate Judge Laurie J. Michelson. (JJoh)
July 21, 2011 Opinion or Order Filing 43 ORDER REFERRING MOTION to Magistrate Judge Laurie J. Michelson: #40 MOTION for Sanctions and/or to Compel Demrex and First Sealord's Responses to Ford's First Interrogatories and Second Requests for Production of Documents filed by Ford Motor Company. Signed by District Judge Sean F. Cox. (JHer)
July 18, 2011 Opinion or Order Filing 42 RESPONSE to #35 MOTION to Compel Defendants Demrex Industrial Services, Inc. and First Sealord Surety, Inc.'s Responses to Ford Motor Company's First Requests for Production of Documents and for Sanctions filed by Demrex Industrial Services, Inc., First Sealord Surety, Inc.. (Zack, David)
July 18, 2011 Opinion or Order Filing 41 RESPONSE to #33 MOTION to Compel Discovery and for Discovery Sanctions and Brief in Support filed by Demrex Industrial Services, Inc., First Sealord Surety, Inc.. (Zack, David)
July 8, 2011 Opinion or Order Filing 40 MOTION for Sanctions and/or to Compel Demrex and First Sealord's Responses to Ford's First Interrogatories and Second Requests for Production of Documents by Ford Motor Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (King, Stephen)
July 6, 2011 Opinion or Order Filing 39 NOTICE of hearing on #35 MOTION to Compel Defendants Demrex Industrial Services, Inc. and First Sealord Surety, Inc.'s Responses to Ford Motor Company's First Requests for Production of Documents and for SanctionsAND #33 MOTION to Compel Discovery and for Discovery Sanctions and Brief in Support : Responses due by 7/18/2011, Replies due by 7/25/2011, Resolved/Unresolved Issues due by 8/2/2011, AND Motion Hearing set for 8/9/2011 02:00 PM before Magistrate Judge Laurie J. Michelson. (JJoh)
July 6, 2011 Opinion or Order Filing 38 STIPULATED PROTECTIVE ORDER Signed by District Judge Sean F. Cox. (JHer)
July 1, 2011 Opinion or Order Filing 37 ANSWER to Third Party Complaint with Affirmative Defenses with Jury Demand, Amended THIRD PARTY COMPLAINT filed by Ford Motor Company against First Sealord Surety, Inc., Amended COUNTERCLAIM filed by Ford Motor Company against Demrex Industrial Services, Inc. by Ford Motor Company. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 2/22/10 Purchase Order, #3 Exhibit 2 Scrap Purchase Agreement and Terms and Conditions, #4 Exhibit 3 Demrex Scrap Handling Protocol, #5 Exhibit 4 Lien Summary Chart and liens, #6 Exhibit 5 3/5/10 Performance and Payment Bonds No. 10-03337-PP, #7 Exhibit 6 3/30/10 Rider to Bond No. 10-03337-PP, #8 Exhibit 7 3/5/10 Performance Bond & Payment Bond No. 10-03338-PP, #9 Exhibit 8 Dual Obligee Rider on No. 10-03337-PP and 10-03338-PP, #10 Exhibit 9 Demrex Lien, #11 Exhibit 10 6/13/11 Demand Letter) (Peters, Marilyn)
June 29, 2011 Opinion or Order Filing 36 ORDER REFERRING MOTION to Magistrate Judge Laurie J. Michelson: #35 MOTION to Compel Defendants Demrex Industrial Services, Inc. and First Sealord Surety, Inc.'s Responses to Ford Motor Company's First Requests for Production of Documents and for Sanctions filed by Ford Motor Company. Signed by District Judge Sean F. Cox. (JHer)
June 29, 2011 Opinion or Order Filing 35 MOTION to Compel Defendants Demrex Industrial Services, Inc. and First Sealord Surety, Inc.'s Responses to Ford Motor Company's First Requests for Production of Documents and for Sanctions by Ford Motor Company. (Attachments: #1 Index of Exhibits, #2 Exhibit A Notice of Scheduling Conference, #3 Exhibit B Ford's First Requests for Production of Documents to Demrex and First Sealord, #4 Exhibit C Demrex and First Sealord's Answer to Ford's First Requests for Production of Documents, #5 Exhibit D 6/20/11 E-mail from Marilyn Peters to D. Blevins and K. Brooks re: Protective Order) (Peters, Marilyn)
June 29, 2011 Opinion or Order Filing 34 ORDER REFERRING MOTION to Magistrate Judge Laurie J. Michelson: #33 MOTION to Compel Discovery and for Discovery Sanctions and Brief in Support filed by Devon Industrial Group, LLC. Signed by District Judge Sean F. Cox. (JHer)
June 29, 2011 Opinion or Order Filing 33 MOTION to Compel Discovery and for Discovery Sanctions and Brief in Support by Devon Industrial Group, LLC. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Devon's First Document Requests to Demrex, #3 Exhibit B - 5-6-11 Court Order, #4 Exhibit C - Demrex's Responses to Devon's First Discovery Requests) (Brooks, Keefe)
June 28, 2011 Opinion or Order Filing 32 ANSWER to Third Party Complaint with Affirmative Defenses, ANSWER to Counterclaim with Affirmative Defenses by Demrex Industrial Services, Inc., First Sealord Surety, Inc.. (Blevins, Don)
June 15, 2011 Opinion or Order Filing 31 SCHEDULING ORDER: Discovery due by 4/15/2012 Motion Cut-off set for 6/4/2012 Final Pretrial Conference set for 11/28/2012 02:00 PM before District Judge Sean F. Cox Trailing Trial Docket set for January/February 2013 Signed by District Judge Sean F. Cox. (Refer to image for additional dates) (JHer)
June 7, 2011 Opinion or Order Minute Entry - Scheduling Conference held on 6/7/2011 before District Judge Sean F. Cox. (JHer)
May 27, 2011 Opinion or Order Filing 30 ANSWER to Third Party Complaint with Affirmative Defenses Ford Motor Company's Answer, Affirmative Defenses, Third Party Counterclaim Against Demrex Industrial Services, Inc. and Third-Party Complaint Against First Sealord Surety, Inc. along with a Certificate of Service, THIRD PARTY COMPLAINT filed by Ford Motor Company against First Sealord Surety, Inc., COUNTERCLAIM filed by Ford Motor Company against Demrex Industrial Services, Inc. by Ford Motor Company. (Attachments: #1 Index of Exhibits Index, #2 Exhibit 1 - 2/22/10 Purchase Order, #3 Exhibit 2 - Scrap Purchase Agreement and Terms and Conditions, #4 Exhibit 3 - Demrex Scrap Handling Protocol, #5 Exhibit 4 - Liens and lien chart, #6 Exhibit 5 - 3/5/10 Performance and Payment Bond No. 10-03337-PP, #7 Exhibit 6 - 3/30/10 Rider to Bond No. 10-03337-PP, #8 Exhibit 7 - 3/5/10 Performance Bond & Payment Bond No. 10-03338-PP, #9 Exhibit 8 - Dual Obligee Rider on No. 10-03337-PP and 10-03338-PP) (Peters, Marilyn)
May 25, 2011 Opinion or Order Filing 29 DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Zack, David)
May 23, 2011 Opinion or Order Filing 28 NOTICE of Appearance by Stephen W. King on behalf of Ford Motor Company. (King, Stephen)
May 23, 2011 Opinion or Order Filing 27 NOTICE of Appearance by Marilyn A. Peters on behalf of Ford Motor Company. (Peters, Marilyn)
May 6, 2011 Opinion or Order Filing 26 NOTICE TO APPEAR: Scheduling Conference set for 6/6/2011 04:15 PM before District Judge Sean F. Cox (TKat)
April 12, 2011 Opinion or Order Filing 25 ORDER with stipulation re #19 MOTION for Protective Order filed by Demrex Industrial Services, Inc. Signed by Magistrate Judge Laurie J. Michelson. (SJef)
March 29, 2011 Opinion or Order Filing 24 EXHIBIT 1D - Photographs of Project Site (pages 31-35) re #22 Reply to Response to Motion by Devon Industrial Group, LLC (Attachments: #1 Exhibit 2 - Keefe Brooks' 3/15/11 Email, #2 Exhibit 3 - Keefe Brooks' 3/14/11 Email) (Turco, Michael)
March 29, 2011 Opinion or Order Filing 23 EXHIBIT 1B - Photographs of Project Site (pages 11-20) re #22 Reply to Response to Motion by Devon Industrial Group, LLC (Attachments: #1 Exhibit 1C - Photographs of Project Site (pages 21-30)) (Turco, Michael)
March 29, 2011 Opinion or Order Filing 22 REPLY to Response re #19 MOTION for Protective Order filed by Devon Industrial Group, LLC. (Attachments: #1 Index of Exhibits Index, #2 Exhibit 1A - Photographs of Project Site (pages 1-10)) (Turco, Michael)[DOCUMENT IS TITLED RESPONSE AND BRIEF IN OPPOSITION TO DEMREX INDUSTRIAL SERVICES' MOTION FOR PROTECTIVE ORDER] Modified on 3/29/2011 (LHac).
March 28, 2011 Opinion or Order Filing 21 NOTICE of hearing on #19 MOTION for Protective Order. Resolved/Unresolved Issues due by 4/12/2011 Motion Hearing set for 4/14/2011 01:00 AM before Magistrate Judge Laurie J. Michelson. (SJef)
March 24, 2011 Opinion or Order Filing 20 ORDER REFERRING MOTION to Magistrate Judge Laurie J. Michelson: #19 MOTION for Protective Order filed by Demrex Industrial Services, Inc. Signed by District Judge Sean F. Cox. (JHer)
March 24, 2011 Opinion or Order TEXT ONLY NOTICE REASSIGNING CASE from Magistrate Judge Virginia M. Morgan to Magistrate Judge Laurie J. Michelson pursuant to Administrative Order 11-AO-003. (ATee)
March 18, 2011 Opinion or Order Filing 19 MOTION for Protective Order by Demrex Industrial Services, Inc.. (Attachments: #1 Index of Exhibits, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3) (Blevins, Don)
March 15, 2011 Opinion or Order Filing 18 CERTIFICATE of Service/Summons Returned Executed. Ford Motor Company served on 3/14/2011, answer due 4/4/2011. (Blevins, Don)
March 14, 2011 Opinion or Order Filing 17 THIRD-PARTY SUMMONS Issued for *Ford Motor Company* (TMcg)
March 14, 2011 Opinion or Order REQUEST for THIRD-PARTY SUMMONS for Ford Motor Company. (Blevins, Don)
March 11, 2011 Opinion or Order Filing 16 ANSWER to Counterclaim with Affirmative Defenses by Devon Industrial Group, LLC. (Brooks, Keefe)
February 25, 2011 Opinion or Order Filing 15 THIRD PARTY COMPLAINT and Jury Demand filed by Demrex Industrial Services, Inc. against Devon Industrial Group, LLC (Attachments: #1 Index of Exhibits, #2 Exhibit A, #3 Exhibit B) (McAlpine, Mark)
February 25, 2011 Opinion or Order Filing 14 ANSWER to Amended Complaint with Affirmative Defenses with Jury Demand, COUNTERCLAIM filed by All Defendants against Devon Industrial Group, LLC by All Defendants. (Attachments: #1 Index of Exhibits, #2 Exhibit A, #3 Exhibit B) (McAlpine, Mark) Modified on 2/28/2011 (DWor). [COUNTERCLAIM IS FILED BY DEMREX INDUSTRIAL SERVICES, INC., ONLY]
February 22, 2011 Opinion or Order Filing 13 CERTIFICATE of Service/Summons Returned Executed. First Sealord Surety, Inc. served on 2/16/2011, answer due 3/9/2011. (Brooks, Keefe)
February 14, 2011 Opinion or Order Filing 12 SUMMONS Issued for *First Sealord Surety, Inc.* (PMil)
February 11, 2011 Opinion or Order Filing 11 AMENDED COMPLAINT filed by All Plaintiffs against All Defendants. (Attachments: #1 Index of Exhibits Index of Exhibits, #2 Exhibit A - Performance Bond No. 10-03337-PP, #3 Exhibit B - Amendment to Performance Bond, #4 Exhibit C - Performance Bond No. 10-03338-PP, #5 Exhibit D - 1-20-11 Demand Letter from Devon Industrial Group to First Sealord Surety, Inc.) (Brooks, Keefe)
February 11, 2011 Opinion or Order REQUEST for SUMMONS for First Sealord Surety, Inc.. (Brooks, Keefe)
January 31, 2011 Opinion or Order Filing 10 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Demrex Industrial Services, Inc. (Zack, David)
January 31, 2011 Opinion or Order Filing 9 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Devon Industrial Group, LLC (Turco, Michael)
January 28, 2011 Opinion or Order Filing 8 ATTORNEY APPEARANCE: Marcus R. Sanborn appearing on behalf of Demrex Industrial Services, Inc. (Sanborn, Marcus)
January 28, 2011 Opinion or Order Filing 7 NOTICE of Appearance by Michael R. Turco on behalf of Devon Industrial Group, LLC. (Turco, Michael)
January 28, 2011 Opinion or Order Filing 6 ATTORNEY APPEARANCE: Mark L. McAlpine appearing on behalf of Demrex Industrial Services, Inc. (McAlpine, Mark)
January 28, 2011 Opinion or Order Filing 5 ATTORNEY APPEARANCE: Don W. Blevins appearing on behalf of Demrex Industrial Services, Inc. (Blevins, Don)
January 28, 2011 Opinion or Order Filing 4 ATTORNEY APPEARANCE: David M. Zack appearing on behalf of Demrex Industrial Services, Inc. (Zack, David)
January 27, 2011 Opinion or Order Filing 3 CERTIFICATE of Service/Summons Returned Executed. All Defendants. (Brooks, Keefe)
January 26, 2011 Opinion or Order Filing 2 SUMMONS Issued for *Demrex Industrial Services, Inc.* (PMil)
January 26, 2011 Opinion or Order Filing 1 COMPLAINT filed by All Plaintiffs against Demrex Industrial Services, Inc.. Plaintiff requests summons issued. Receipt No: 0645-2812282 - Fee: $ 350. County of 1st Plaintiff: Wayne - County Where Action Arose: Oakland - County of 1st Defendant: Oakland. [Previously dismissed case: No] [Possible companion case(s): US. District Court - E.D. Michigan, 10-cv-15072, Judge Cleland] (Brooks, Keefe)

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Search for this case: Devon Industrial Group, LLC v. Demrex Industrial Services, Inc.
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Plaintiff: Devon Industrial Group, LLC
Represented By: Michael T. Price
Represented By: Michael R. Turco
Represented By: Keefe A. Brooks
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Plaintiff: Ford Motor Company
Represented By: Lauren M. Phillips
Represented By: Marilyn A. Peters
Represented By: Stephen W. King
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Defendant: Demrex Industrial Services, Inc.
Represented By: David M. Zack
Represented By: Don William Blevins
Represented By: J. Christian Hauser
Represented By: Kyle T. Zwiren
Represented By: Marcus R. Sanborn
Represented By: Mark L. McAlpine
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Defendant: First Sealord Surety, Inc.
Represented By: David M. Zack
Represented By: Don William Blevins
Represented By: J. Christian Hauser
Represented By: Kyle T. Zwiren
Represented By: Mark L. McAlpine
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Defendant: Altchem Environmental Services, Inc.
Represented By: J. Christian Hauser
Represented By: Jeffrey G. Heuer
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Defendant: Barry Portnoy
Represented By: Jeffrey G. Heuer
Represented By: J. Christian Hauser
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Defendant: Jason Goldberg
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