White v. Cytec Industries, Inc.
| Allan White |
| Cytec Industries, Inc. |
| 1:2008cv00667 |
| July 14, 2008 |
| US District Court for the Western District of Michigan |
| Civil Rights: Americans with Disabilities - Employment Office |
| Calhoun |
| Janet T Neff |
| Civil Rights: Americans with Disabilities - Employment |
| 42 U.S.C. § 12101 American Disability Act for Handicappers |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 9, 2010. A more recent docket listing may be available from PACER.
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Filing 89
ORDER granting STIPULATION to dismiss #88 this matter with prejudice and without costs ; signed by Judge Janet T. Neff (Judge Janet T. Neff, sas)
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Filing 88
STIPULATION of dismissal by plaintiff Allan White, defendant Cytec Industries, Inc. (Piper, William)
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Filing 87
ORDER requiring dismissal papers to be submitted by 6/11/2010 ; signed by Judge Janet T. Neff (Judge Janet T. Neff, sas)
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Filing 86
LETTER from attorney William F. Piper for plaintiff Allan White regarding Settlement (Piper, William)
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Filing 85
RESPONSE in opposition to MOTION in limine to Exclude the MDCR's Investigative Report, Chronology of Activity, and On-Site Observation Record from Admission at Trial #70 filed by Allan White (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Piper, William)
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Filing 84
RESPONSE in opposition to MOTION in limine to Exclude Defendant's Position Statements to the MDCR from Admission at Trial #76 filed by Allan White (Piper, William)
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Filing 83
RESPONSE in opposition to MOTION in limine to Exclude the EEOC's Compliance Manual, Interpretive Guidance and Regulations from Admission at Trial #73 filed by Allan White (Piper, William)
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Filing 82
MINUTES of in chambers conference, final pretrial conference held before Judge Janet T. Neff; plaintiff's responses to defendant's motions in limine are due no later than 5/5/2010; the parties shall file an amended Final Pretrial Order encompassing changes discussed on the record no later than 5/7/2010 (Court Reporter: Kathy Anderson) (Judge Janet T. Neff, sas)
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Filing 81
STATEMENT OF CASE by plaintiff Allan White, defendant Cytec Industries, Inc. Joint Statement of the Elements (Lubben, Craig)
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Filing 80
STATEMENT OF CASE by plaintiff Allan White, defendant Cytec Industries, Inc. (Lubben, Craig)
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Filing 79
PROPOSED PRETRIAL ORDER by plaintiff Allan White, defendant Cytec Industries, Inc. (Lubben, Craig)
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Filing 78
TRIAL BRIEF Filed by defendant Cytec Industries, Inc. (Willey, Sarah)
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Filing 77
BRIEF in support of MOTION in limine to Exclude Defendant's Position Statements to the MDCR from Admission at Trial #76 filed by Cytec Industries, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Lubben, Craig)
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Filing 76
MOTION in limine to Exclude Defendant's Position Statements to the MDCR from Admission at Trial by defendant Cytec Industries, Inc.; (Lubben, Craig)
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Filing 75
PROPOSED VOIR DIRE by plaintiff Allan White (Piper, William)
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Filing 74
BRIEF in support of MOTION in limine to Exclude the EEOC's Compliance Manual, Interpretive Guidance and Regulations from Admission at Trial #73 filed by Cytec Industries, Inc.(Lubben, Craig)
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Filing 73
MOTION in limine to Exclude the EEOC's Compliance Manual, Interpretive Guidance and Regulations from Admission at Trial by defendant Cytec Industries, Inc.; (Lubben, Craig)
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Filing 72
TRIAL BRIEF by plaintiff Allan White (Piper, William)
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Filing 71
BRIEF in support of MOTION in limine to Exclude the MDCR's Investigative Report, Chronology of Activity, and On-Site Observation Record from Admission at Trial #70 filed by Cytec Industries, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Lubben, Craig)
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Filing 70
MOTION in limine to Exclude the MDCR's Investigative Report, Chronology of Activity, and On-Site Observation Record from Admission at Trial by defendant Cytec Industries, Inc.; (Lubben, Craig)
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Filing 69
PROPOSED VOIR DIRE by defendant Cytec Industries, Inc. (Lubben, Craig)
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Filing 68
CERTIFICATE OF SERVICE by defendant Cytec Industries, Inc. of Defendant Cytec Industries, Inc.'s Third Supplemental Responses to Plaintiff's First Set of Interrogatories to Defendant (Willey, Sarah)
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Filing 67
NOTICE rescheduling final pretrial conference for 4/30/2010 at 02:00 PM at 401 Federal Building, Grand Rapids, MI before Judge Janet T. Neff;(Judge Janet T. Neff, sas)
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Filing 66
MINUTES of settlement conference held before Magistrate Judge Ellen S. Carmody; case did not settle (Proceedings Not Recorded) (Magistrate Judge Ellen S. Carmody, jal)
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(NON-DOCUMENT) NOTICE of settlement conference rescheduled to 4/2/2010 at 10:00 AM at 654 Federal Building, Grand Rapids, MI before Magistrate Judge Ellen S. Carmody; in all other respects, including the requirements regarding attendance at the conference and submission of a confidential settlement letter, the Order Regarding Settlement Conference entered 1/5/2010 #63 remains in effect (Magistrate Judge Ellen S. Carmody, cbh)
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Filing 65
ORDER in accordance with Opinion denying #42 , #46 motions for summary judgment; signed by Judge Janet T. Neff (Judge Janet T. Neff, clb)
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Filing 64
OPINION; Order to issue; signed by Judge Janet T. Neff (Judge Janet T. Neff, clb)
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Filing 63
ORDER regarding 3/26/2010 settlement conference; signed by Magistrate Judge Ellen S. Carmody (Magistrate Judge Ellen S. Carmody, jal)
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Filing 62
CASE MANAGEMENT ORDER signed by Judge Janet T. Neff; settlement conference set for 3/26/2010 at 02:00 PM at 666 Federal Building, Grand Rapids, MI before Magistrate Judge Ellen S. Carmody; final pretrial conference set for 4/26/2010 at 11:30 AM at 401 Federal Building, Grand Rapids, MI before Judge Janet T. Neff; jury trial set for 5/18/2010 at 08:30 AM at 401 Federal Building, Grand Rapids, MI before Judge Janet T. Neff (Judge Janet T. Neff, sas); modified on 9/25/2009 to reflect jury trial to begin at 8:30 am, not pm (pjw)
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Filing 60
SEALED CASE EVALUATION AWARD REJECTED(mkc)
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Filing 61
ADMINISTRATIVE ORDER No. 09-076 that this case is reassigned to Judge Janet T. Neff for all further proceedings ; signed by Chief Judge Paul L. Maloney (elc)
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Filing 59
ORDER OF RECUSAL: case to be reassigned ; signed by Judge Robert J. Jonker (Judge Robert J. Jonker, ymc)
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Filing 58
CERTIFICATE OF SERVICE by defendant Cytec Industries, Inc. re #57 (Willey, Sarah) Modified text on 9/11/2009 (mrs, ).
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Filing 57
RESPONSE to Order to Show Cause by defendant Cytec Industries, Inc. (Willey, Sarah) Modified text on 9/14/2009 (mrs).
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Filing 56
NOTICE cancelling settlement conference set for 9/16/2009 at 2:00 PM (Magistrate Judge Hugh W. Brenneman, Jr., fhw)
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ORDER (NON-DOCUMENT) TO SHOW CAUSE: In reviewing the papers in preparation for the 9/9/2009 hearing regarding summary judgment, the Court has learned that there may be grounds that mandate disqualification of Judge Jonker from this case. Exhibit 17 in Plaintiff's Brief in Support of Summary Judgment #17 indicates that in 2005, Warner Norcross & Judd LLP represented Defendant Cytec Industries in what appears to be an issue "concerning the matter" in this case. At that time, Judge Jonker was a partner at Warner Norcross & Judd. Although Judge Jonker did not personally participate in any way in the representation of Cytec Industries, lawyers with whom he practiced law represented Cytec Industries. If, as it appears from the papers, Warner Norcross & Judd represented Cytec Industries in an issue "concerning the matter" of this case, Judge Jonker must recuse himself from this case. See 28 U.S.C. 455(b)(2); 28 U.S.C. 455(e); Liteky v. United States, 510 U.S. 540, 567 (1994). It therefore is ORDERED that the parties have seven days in which to show cause why Judge Jonker should not disqualify himself from this case. It is further ORDERED that the hearing scheduled for 9/9/2009 is cancelled pending resolution of the disqualification issue; signed by Judge Robert J. Jonker (Judge Robert J. Jonker, ymc)
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Filing 55
PROOF OF SERVICE by plaintiff Allan White for case evaluation summary (Piper, William)
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Filing 54
CERTIFICATE OF SERVICE by defendant Cytec Industries, Inc. (Willey, Sarah)
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Filing 53
REPLY to response to motion #46 filed by Allan White (Attachments: #1 Affidavit Allan White)(Piper, William)
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Filing 52
REPLY to response to motion #42 for Summary Judgment filed by Cytec Industries, 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)(Willey, Sarah)
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Filing 51
RESPONSE in opposition to MOTION for summary judgment #42 filed by Allan White (Attachments: #1 Affidavit Allan White, #2 Exhibit 1, #3 Attachment Sheltrown dep., #4 Attachment White deposition, #5 Attachment Truong deposition)(Piper, William)
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Filing 50
RESPONSE in opposition to MOTION for summary judgment #46 of Plaintiff filed by Cytec Industries, 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)(Lubben, Craig)
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Filing 49
AMENDED NOTICE of selection of standard track case evaluation panel consisting of Robert H. Cinabro, James H. Geary, and Pamela C. Enslen as chairperson ; plaintiff's counsel to coordinate schedules and second notice the hearing(mkc)
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Filing 48
NOTICE OF MOTION HEARING regarding document number #46 , #42 : motion hearing is set for 9/9/2009 at 03:00 PM at 699 Federal Building, Grand Rapids, MI before Judge Robert J. Jonker;(Judge Robert J. Jonker, mil)
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Filing 47
BRIEF in support of MOTION for summary judgment #46 filed by Allan White (Attachments: #1 Affidavit White, #2 Affidavit Muzlakovich, #3 Affidavit William F Piper, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 9, #13 Exhibit 10, #14 Exhibit 11, #15 Exhibit 12, #16 Exhibit 13, #17 Exhibit 14, #18 Exhibit 15, #19 Exhibit 16, #20 Exhibit 17, #21 Attachment White Dep, #22 Attachment Truong Dep, #23 Attachment Sheltrown Dep, #24 Attachment Dolhay Dep, #25 Attachment Harrison Dep, #26 Attachment Pease Dep)(mkc)
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Filing 46
MOTION for summary judgment by plaintiff Allan White; (Attachments: #1 Affidavit Piper)(mkc) Modified date filed on 6/22/2009 (mkc).
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(NON-DOCUMENT) ORDER granting #44 unopposed motion for 6-page enlargement of the normal page limitation on a summary judgment brief, for good cause shown; signed by Judge Robert J. Jonker (Judge Robert J. Jonker, ymc)
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Filing 45
EXHIBIT re #44 Bressler dep. by plaintiff Allan White (Piper, William)
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Filing 44
MOTION for leave to file excess pages by plaintiff Allan White; (Attachments: #1 Affidavit William F. Piper, #2 Attachment Motion for Summary Judgment, #3 Affidavit Allen White, #4 Affidavit Dr. Muzlakovich, #5 Affidavit William F. Piper, #6 Exhibit 1, #7 Exhibit 2, #8 Exhibit 3, #9 Exhibit 4, #10 Exhibit 5, #11 Exhibit 6, #12 Attachment Brief in Support of MSJ, #13 Exhibit 7, #14 Exhibit 8, #15 Exhibit 9, #16 Exhibit 10, #17 Exhibit 11, #18 Exhibit 12, #19 Exhibit 13, #20 Exhibit 14, #21 Exhibit 15, #22 Exhibit 16, #23 Exhibit 17, #24 Attachment White dep, #25 Attachment Truong dep., #26 Attachment Sheltrown dep, #27 Attachment Dolhay dep, #28 Attachment Harrison dep, #29 Attachment Pease dep, #30 Attachment Memo of Law in Support of Motion to Enlarge Page Limitation)(Piper, William)
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Filing 43
BRIEF in support of MOTION for summary judgment #42 filed by Cytec Industries, Inc. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit Part 1 of 2, #6 Exhibit Part 2 of 2, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit)(Lubben, Craig)
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Filing 42
MOTION for summary judgment by defendant Cytec Industries, Inc.; (Lubben, Craig)
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Filing 41
MINUTES of motion hearing re #38 MOTION to intervene and for Guidance plaintiff Allan White, defendant Cytec Industries, Inc. filed by Allan White. Held by telephone conference before Judge Robert J. Jonker (Judge Robert J. Jonker, mil)
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Notice from Chambers: Following a telephone conference regarding docket #38, the parties shall arrange a new case evaluation date at the convenience of the parties and the case evaluator's schedule; (Judge Robert J. Jonker, mil)
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Filing 40
NOTICE OF TELEPHONE MOTION HEARING regarding document number #38 : motion hearing is set to be held by telephone conference on 6/11/2009 at 11:00 AM. Plaintiff's counsel shall initiate the telephone conference by getting all parties on the line and calling into chambers at 616.456.2551; to be held before Judge Robert J. Jonker;(Judge Robert J. Jonker, mil)
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Filing 39
(STIPULATED) MEMORANDUM of law in support of Motion for guidance regarding case evaluation #38 filed by Allan White(Piper, William) Modified text on 6/8/2009 (kvt).
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Filing 38
(STIPULATED) MOTION for Guidance regarding case evaluation by plaintiff Allan White; (Attachments: #1 Affidavit William F. Piper)(Piper, William) Modified text on 6/8/2009 (kvt).
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Filing 37
NOTICE by plaintiff setting standard track case evaluation hearing for June 9, 2009 2:00 P.M. at MILLER CANFIELD ; proof of payment to be filed by May 8, 2009 and proof of service for case evaluation summaries to be filed by May 26, 2009 (Piper, William)
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Filing 36
(DISREGARD)NOTICE of failure to file proof of payment pursuant to notice of case evaluation hearing #31 ; late fees assessed(mkc) Modified text on 5/18/2009 (mkc).
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(NON-DOCUMENT) ORDER accepting STIPULATION #35 and extending the case evaluation deadline to 6/9/2009 for good cause shown, and based on the stipulation of counsel. All other Case Management Order deadlines remain in effect without modification; signed by Judge Robert J. Jonker (Judge Robert J. Jonker, ymc)
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Filing 35
PROPOSED STIPULATION and ORDER by plaintiff Allan White (Piper, William)
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Filing 34
CERTIFICATE OF SERVICE by defendant Cytec Industries, Inc. of Case Evaluation Fees on Case Evaluators (Willey, Sarah)
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Filing 33
CERTIFICATE OF SERVICE by defendant Cytec Industries, Inc. upon William F. Piper, Attorney for Plaintiff (Willey, Sarah)
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Filing 32
PROOF OF PAYMENT of case evaluators by plaintiff Allan White (Piper, William)
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Filing 31
NOTICE by plaintiff setting standard track case evaluation hearing for 05/22/2009 2:00 pm at Miller Canfield, 277 South Rose Street, Kalamazoo, MI 49007 ; proof of payment to be filed by 04/27/2009 and proof of service for case evaluation summaries to be filed by 05/08/2009 (Piper, William)
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Filing 30
PROOF OF SERVICE by plaintiff Allan White for responses to first interrogatories and request for production (Piper, William) Modified text on 4/20/2009 (mrs).
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(NON-DOCUMENT) ORDER extending case evaluation deadline to 5/22/2009 based on the stipulation #29 of the parties and for good cause shown; signed by Judge Robert J. Jonker (Judge Robert J. Jonker, ymc)
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Filing 29
PROPOSED STIPULATION and ORDER by plaintiff Allan White (Piper, William)
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Filing 28
PROOF OF SERVICE by plaintiff Allan White (Piper, William)
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Filing 27
CERTIFICATE OF SERVICE by defendant Cytec Industries, Inc. re #26 Notice of Withdrawal of Attorney (Willey, Sarah)
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Filing 26
NOTICE Withdrawal of Attorney Jennifer Jordan by defendant Cytec Industries, Inc. (Willey, Sarah)
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Filing 25
CERTIFICATE OF SERVICE by defendant Cytec Industries, Inc. (Willey, Sarah)
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Filing 24
REVISED CASE MANAGEMENT ORDER extending deadlines: with good cause shown and upon stipulation #23 of the parties, the following revisions are made to the Case Management Order issued on 9/30/2008 and partially revised on 2/12/2009: settlement conference set for 9/16/2009 at 2:00 PM at 584 Federal Building, Grand Rapids, MI before Magistrate Judge Hugh W. Brenneman Jr.; final pretrial conference set for 10/13/2009 at 3:00 PM at 699 Federal Building, Grand Rapids, MI before Judge Robert J. Jonker; jury trial set for 10/27/2009 at 8:30 AM at 699 Federal Building, Grand Rapids, MI before Judge Robert J. Jonker; signed by Judge Robert J. Jonker (Judge Robert J. Jonker, ymc)
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Filing 23
PROPOSED STIPULATION and ORDER Requesting Extension of Deadlines Revised by defendant Cytec Industries, Inc. (Willey, Sarah)
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Filing 22
CERTIFICATE OF SERVICE by defendant Cytec Industries, Inc. Defendant's Notice & Subpoena of Taking Deposition of Plaintiff, Allan White (Willey, Sarah)
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Filing 21
CERTIFICATE OF SERVICE by defendant Cytec Industries, Inc. Defendant's First Interrogatories & Request for Production to Plaintiff (Willey, Sarah)
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(NON-DOCUMENT) ORDER granting in part and denying in part #20 : The Court accepts the stipulation regarding the timing of case evaluation and orders that case evaluation be completed not later than 4/15/2009, which is two weeks following the scheduled close of discovery. The court denies the stipulated request for an extension of discovery and motion deadlines because the stipulation does not explain why the six months originally granted for discovery is insufficient. This denial is without prejudice to a new submission from the parties seeking to explain the need for more time. The Court notes that any extension of the discovery and motion deadline will likely require rescheduling of the trial date as well to permit adequate time for a normal briefing, hearing and decision schedule on dispositive motions; signed by Judge Robert J. Jonker (Judge Robert J. Jonker, ymc)
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Filing 20
PROPOSED STIPULATION and ORDER by plaintiff Allan White (Piper, William)
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Filing 19
ATTORNEY APPEARANCE of Sarah K. Willey on behalf of defendant Cytec Industries, Inc. (Miller Johnson) (Willey, Sarah)
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Filing 18
ATTORNEY APPEARANCE of Craig H. Lubben on behalf of defendant Cytec Industries, Inc. (Miller Johnson) (Lubben, Craig)
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Filing 17
PROOF OF SERVICE by plaintiff Allan White (Piper, William)
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ORDER (non-document) approving and ordering Confidentiality Agreement and Stipulated Protective Order #15 for good cause shown under Rule 26(c), and based on the stipulation of the parties under Rule 29; signed by Judge Robert J. Jonker (Judge Robert J. Jonker, ymc)
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Filing 16
PROOF OF SERVICE by plaintiff Allan White (Piper, William)
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Filing 15
PROPOSED ORDER regarding Confidentiality Agreement and Stipulated Protective Order by defendant Cytec Industries, Inc. (Jordan, Jennifer)
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Filing 14
CERTIFICATE OF SERVICE by defendant Cytec Industries, Inc. to Defendant's Initital Disclosures Under Rule 26(a)(1) (Jordan, Jennifer)
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Filing 13
CERTIFICATE OF SERVICE by defendant Cytec Industries, Inc. to Defendant's Objections and Answers to Plaintiff's First Set of Interrogatories to the Defendant and Defendant's Objections and Answers to Plaintiff's First Request for Production of Documents (Jordan, Jennifer)
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Filing 12
NOTICE of selection of standard track case evaluation panel consisting of Thomas R. Fette, James H. Geary and Pamela C. Enslen as chairperson ; plaintiff's counsel to coordinate schedules and notice the hearing(mkc)
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Filing 11
PROOF OF SERVICE by plaintiff Allan White (Piper, William)
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Filing 10
ORDER referring case to STANDARD TRACK CASE EVALUATION; signed by Judge Robert J. Jonker (Judge Robert J. Jonker, ymc)
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Filing 9
CASE MANAGEMENT ORDER: settlement conference set for 8/18/2009 at 2:00 PM at 584 Federal Building, Grand Rapids, MI before Magistrate Judge Hugh W. Brenneman Jr.; final pretrial conference set for 9/9/2009 at 3:00 PM at 699 Federal Building, Grand Rapids, MI before Judge Robert J. Jonker; jury trial set for 9/29/2009 at 8:30 AM at 699 Federal Building, Grand Rapids, MI before Judge Robert J. Jonker; signed by Judge Robert J. Jonker (Judge Robert J. Jonker, ymc)
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Filing 8
MINUTES of scheduling conference held before Judge Robert J. Jonker (Judge Robert J. Jonker, mil)
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Filing 7
JOINT STATUS REPORT (Piper, William)
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Filing 6
Defendant's ANSWER to Complaint with amended affirmative defenses #1 by Cytec Industries, Inc.(Jordan, Jennifer) Modified on 9/3/2008 to add text (elc).
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Filing 5
Defendant Cytec Industries, Inc.'s ANSWER to Complaint and affirmative defenses #1 by Cytec Industries, Inc.(Jordan, Jennifer) Modified on 8/12/2008 to add text (elc).
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Filing 4
ORDER setting Rule 16 scheduling conference: Rule 16 scheduling conference is set for 9/29/2008 at 3:00 PM at 699 Federal Building, Grand Rapids, MI before Judge Robert J. Jonker; status report due by 9/24/2008; signed by Judge Robert J. Jonker (Judge Robert J. Jonker, ymc)
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Filing 3
ATTORNEY APPEARANCE of Jennifer L. Jordan on behalf of defendant Cytec Industries, Inc. (Jordan, Jennifer)
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Filing 2
DEMAND for TRIAL BY JURY by plaintiff Allan White (cr)
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Filing 1
COMPLAINT with Jury Demand against Cytec Industries, Inc. filed by Allan White (Attachments: #1 Civil Cover Sheet)(cr)
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RECEIPT: in the amount of $350.00, receipt number KZ000721; for Filing Fees (cr)
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SUMMONS ISSUED as to defendant Cytec Industries, Inc. (cr)
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| Plaintiff: Allan White | |
| Represented By: | William F. Piper |
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| Defendant: Cytec Industries, Inc. | |
| Represented By: | Craig H. Lubben |
| Represented By: | Jennifer L. Jordan |
| Represented By: | Sarah K. Willey |
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