Evanoff v. Banner Mattress Company, Inc., et al.
Plaintiff: George J. Evanoff
Defendant: Banner Mattress Company, Inc., Steven Karp, David Karp, Matthew Karp, ADSM Properties, Ltd. and John Doe
Case Number: 3:2007cv01754
Filed: June 13, 2007
Court: US District Court for the Northern District of Ohio
Office: Toledo Office
County: Lucas
Presiding Judge: James G Carr
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29 U.S.C. § 1001 E.R.I.S.A.: Employee Retirement
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on October 27, 2009. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 27, 2009 Opinion or Order Filing 117 Order of Case Dismissal with prejudice, each party to bear their own costs, however, jury costs shall be divided one-half to plaintiff and one-half to defendants. Judge James G. Carr on 10/27/2009. (S,AL)
October 13, 2009 Filing 116 Proposed Judgment Entry Dismissal with Prejudice filed by Banner Mattress Company, Inc.. (Maloney, William) Modified on 10/14/2009 (B,TM).
September 3, 2009 Opinion or Order Filing 115 Order: The parties have indicated to the Court that they have reached a settlement of all matters in dispute. Dismissal entry to be filed on or before 10/1/2009. The parties agree that in the event of disputes regarding final settlement agreement, they will submit such disputes to the undersigned for binding resolution by whatever process, formal or informal, he shall use. Signed by Judge James G. Carr on 9/3/2009. (S,JM)
September 1, 2009 Minutes of Voir Dire [non-document] before Magistrate Judge Vernelis K. Armstrong. Parties reached settlement before jury was brought into courtroom. Time: 2 hours 30 minutes. (A,P)
August 28, 2009 Filing 114 Joint Proposed Jury Instructions filed by ADSM Properties, Ltd., Banner Mattress Company, Inc., John Doe, David Karp, Matthew Karp, Steven Karp. (Maloney, William)
August 28, 2009 Filing 113 Proposed Jury Instructions - Revised filed by George J. Evanoff. (Stanford, Stephen)
August 27, 2009 Opinion or Order Filing 112 Order: Pretrial Conference was held on 8/24/2009 before Judge James G. Carr. Proposed jury instructions are due 8/28/2009, by 10:00 a.m., with copy emailed to undersigned at james_g_carr@ohnd.uscourts.gov. Telephone conference re. jury instructions to be held 8/28/2009, at 3:00 p.m. with undersigned. Signed by Judge James G. Carr on 8/27/2009. Time: 20 min. (S,JM)
August 25, 2009 Filing 111 Amended Exhibit List filed by George J. Evanoff. (Stanford, Stephen)
August 21, 2009 Non Document Order re #109 - Voir dire currently set for 8/31/09 at 1:30 p.m. is vacated and re-set for 9/1/2009 at 09:00 AM in Courtroom 204 before Magistrate Judge Vernelis K. Armstrong. Counsel are asked to report to Magistrate's chambers (Room 318) by 8:30 a.m. Magistrate Judge Vernelis K. Armstrong on 08/21/09. (L,JA)
July 7, 2009 Settlement Conference held by Judge David A. Katz on 7/6/09. (Non Document)(G,C)
June 19, 2009 Opinion or Order Filing 110 Order of Telephone Conference held on 6/19/09. Settlement Conference set for 7/6/2009 at 10:45 AM before Judge David A. Katz. Updated ex parte statements due by 7/1/09. Judge David A. Katz on 6/19/09. (G,C)
June 18, 2009 Opinion or Order Filing 109 Order: Telephone Conference was held on 6/17/2009 before Judge James G. Carr. Trial scheduled 6/23/2009 is vacated; Jury trial is rescheduled 9/1/2009 at 8:30 a.m. in Courtroom 210 before Judge James G. Carr. Parties consent to the Hon. Vernelis K. Armstrong presiding at voir dire, commencing 8/31/2009 at 1:30 p.m. This case is referred to the Hon. David A. Katz for settlement conference at a date and time convenient to the parties and the Court. Signed by Judge James G. Carr on 6/18/2009. (Time: 15.) (S,JM) Modified on 6/18/2009 (S,JM).
June 18, 2009 Opinion or Order Order (Non Document) Telephone Conference before Judge David A. Katz set for 6/19/09 at 9:00 AM. (G,C)
June 17, 2009 Opinion or Order Filing 108 Order : Defendant's motion in limine to exclude plaintiff's claim for front-pay damages is granted. Defendant's motion in limine to exclude plaintiff's damages expert on the basis of failure to file a report is overruled. Defendant's motion in limine to exclude plaintiff's damages expert under Daubert is moot as to expert testimony regarding front-pay damages, and overruled as to testimony regarding losses to date, such as fringe benefits and out of pocket medical expenses. [Doc. 88]. (Related Doc #82 )(Related Doc #88 ()Related Doc #89 ). Judge James G. Carr on 6/17/2009.(S,AL)
June 17, 2009 Opinion or Order Filing 107 Order : Defendant's renewed motion to dismiss is overruled. (Related Doc #87 ). Judge James G. Carr on 6/17/2009.(S,AL)
June 16, 2009 Filing 106 Proposed Jury Instructions filed by Steven Karp, David Karp, Matthew Karp. (Chappell, Erik)
June 16, 2009 Filing 105 Exhibit List filed by ADSM Properties, Ltd., Steven Karp, David Karp, Matthew Karp. (Chappell, Erik)
June 16, 2009 Filing 104 Witness List filed by ADSM Properties, Ltd., Steven Karp, David Karp, Matthew Karp. (Chappell, Erik)
June 16, 2009 Filing 103 Trial Brief filed by ADSM Properties, Ltd., Steven Karp, David Karp, Matthew Karp. (Chappell, Erik)
June 16, 2009 Filing 102 Trial Brief filed by Banner Mattress Company, Inc.. (McHugh, Sarah)
June 16, 2009 Filing 101 Proposed Jury Interrogatories filed by George J. Evanoff. (Stanford, Stephen)
June 16, 2009 Filing 100 Proposed Jury Instructions filed by George J. Evanoff. (Stanford, Stephen)
June 16, 2009 Filing 99 Exhibit List filed by George J. Evanoff. (Stanford, Stephen)
June 16, 2009 Filing 98 Witness List filed by George J. Evanoff. (Stanford, Stephen)
June 16, 2009 Filing 97 Trial Brief filed by George J. Evanoff. (Stanford, Stephen)
June 1, 2009 Filing 96 Reply in support of #88 Motion in limine to Exclude Testimony of Jeffrey S. Denning, Expert Witness filed by ADSM Properties, Ltd., Steven Karp, David Karp, Matthew Karp. (Attachments: #1 Exhibit C - Denning's Supplemental Report)(Chappell, Erik) Modified on 6/2/2009 (C,D). Modified on 7/24/2009 (L,V).
June 1, 2009 Filing 95 Reply in support of #87 Motion to dismiss for lack of jurisdiction filed by Banner Mattress Company, Inc. (McHugh, Sarah) Modified on 6/2/2009 (C,D). Modified on 7/24/2009 (L,V).
June 1, 2009 Filing 94 Reply in support of #89 Motion in limine to Exclude Evidence of Front Pay Damages filed by Banner Mattress Company, Inc. (McHugh, Sarah) Modified on 6/2/2009 (C,D). Modified on 7/24/2009 (L,V).
May 22, 2009 Filing 93 Opposition to #89 Motion in limine to Exclude Evidence of Front Pay Damages filed by George J. Evanoff. (Attachments: #1 Exhibit A--letter to Banner requesting waiver of non-compete, #2 Exhibit B--letter from Banner declining to waive non-compete)(Knepp, James)
May 22, 2009 Filing 92 Opposition to #88 Motion in limine to Exclude Testimony of Jeffrey S. Denning, Expert Witness, With Memorandum In Support filed by George J. Evanoff. (Knepp, James)
May 22, 2009 Filing 91 Opposition to #87 Motion to dismiss for lack of jurisdiction filed by George J. Evanoff. (Knepp, James)
May 14, 2009 Opinion or Order Filing 90 Order: Pretrial Conference was held on 5/12/2009 before Judge James G. Carr. Plaintiff to file opposition to defendants motion to dismiss by 5/22/2009; defendants to reply by 6/1/2009. Defendants to file substitute motion in limine re. front pay and motion in limine re. admissibility of expert testimony forthwith; plaintiff to respond by 5/22/2009; defendants to reply by 6/1/2009. (Time: 20 min.) (S,JM)
May 13, 2009 Filing 89 Motion in limine to Exclude Evidence of Front Pay Damages filed by Defendant Banner Mattress Company, Inc.. (McHugh, Sarah)
May 13, 2009 Filing 88 Motion in limine to Exclude Testimony of Jeffrey S. Denning, Expert Witness, With Memorandum In Support filed by ADSM Properties, Ltd., Steven Karp, David Karp, Matthew Karp. (Attachments: #1 Exhibit A - 1/14/09 Report, #2 Exhibit B - Jeffrey Denning's Resume)(Chappell, Erik)
May 11, 2009 Filing 87 Motion to dismiss for lack of jurisdiction filed by Defendant Banner Mattress Company, Inc.. (Maloney, William)
February 19, 2009 Opinion or Order Filing 86 Order: Scheduling Conference was held on 2/17/2009 before Judge James G. Carr. Trial scheduled 5/25/2009 is vacated and rescheduled 6/23/2009, at 8:30 a.m.; voir dire before the United States Magistrate Judge is rescheduled 6/22/2009, at 1:30 p.m. Other dates and deadlines, including settlement conference confirmed. Signed by Judge James G. Carr on 2/19/2009. (Time: 15 min.) (S,JM)
February 6, 2009 Notice of Hearing [non-document]: Telephone conference is scheduled 2/17/2009 at 2:00 p.m. before the Hon. James G. Carr. (S,JM)
January 20, 2009 Opinion or Order Filing 85 Trial Order: Status Conference was held on 1/15/2009 before Judge James G. Carr. Deadline for completion of all discovery is 4/1/2009. Pending motion in limine regarding front pay withdrawn, without prejudice. Final pretrial conference is scheduled 5/12/2009, at 9:00 a.m. in Chambers 210, before Judge Carr. Twelve person jury trial is scheduled 5/26/2009, at 1:30 p.m. in Courtroom No. 204, before Judge Carr. Parties consent to United States Magistrate Judge, Vernelis K. Armstrong, presiding at voir dire, which shall commence 5/26/2009, at 8:30 a.m. in Courtroom 204. Signed by Judge James G. Carr on 1/20/2009. Parties are to refer to order for further details. (S,JM)
January 15, 2009 Minutes of proceedings [non-document] before Magistrate Judge Vernelis K. Armstrong.Unsuccessful settlement Conference Time: 4 hrs and 20 mins. (L,JA)
January 14, 2009 Filing 84 Motion in limine to exclude evidence of front pay damages (FILED UNDER SEAL) filed by ADSM Properties, Ltd., Banner Mattress Company, Inc., Steven Karp, David Karp, Matthew Karp. (G,D) (G,D).
January 14, 2009 Filing 83 Response to #82 Motion in limine to Exclude Expert Witness Testimony filed by David Karp, filed by George J. Evanoff. (Stanford, Stephen)
January 8, 2009 Filing 82 Motion in limine to Exclude Expert Witness Testimony filed by David Karp, filed by ADSM Properties, Ltd., Steven Karp, Matthew Karp. (Attachments: #1 Exhibit Vance v. United States, #2 Exhibit Rowe v. Case Equipment Corp.)(Chappell, Erik)
January 8, 2009 Opinion or Order Filing 81 Order re #80 Scheduling Conference, Status Conference,Settlement Conference set for 1/12/09 is vacated and re-set for 1/15/2009 09:00 AM in Chambers 318 before Magistrate Judge Vernelis K. Armstrong. EX PARTE NARRATIVE STATEMENTS ARE DUE BY MONDAY 1/12/09 AT NOON . Magistrate Judge Vernelis K. Armstrong on 01/08/09. (L,JA)
November 4, 2008 Opinion or Order Filing 80 Order: Status/scheduling conference was held on 11/03/2008 before Judge James G. Carr. Settlement conference and final pretrial is set for 1/12/2009, at 2:00 p.m. in Chambers 318 before Magistrate Judge Vernelis K. Armstrong, lead counsel to attend; prior orders re. settlement conferences are confirmed. Voir dire is scheduled 1/26/2009, at 1:30 p.m., in Courtroom 204 before Magistrate Judge Vernelis K. Armstrong. Twelve person jury trial is scheduled 1/27/2009, at 8:30 a.m. in Courtroom 204 before Judge James G. Carr. Signed by Judge James G. Carr on 11/4/2008. (S,JM)
October 21, 2008 Opinion or Order Filing 79 Order Telephone Conference was held on 10/20/2008 before Judge James G. Carr. Status/settlement conference is scheduled 11/3/2008 at 9:00 AM in Chambers 210 before Judge James G. Carr. Signed by Judge James G. Carr on 10/21/2008. (S,JM)
October 21, 2008 Opinion or Order Filing 78 Order : defendants' motion for summary judgment is overruled as to Evanoff's claims for severance and deferred compensation benefits under ERISA, retaliation under ERISA, breach of contract, age discrimination and fraudulent conveyances.(Related Doc #58 ). Judge James G. Carr on 10/21/2008.(S,AL)
October 1, 2008 Filing 77 Notice of Service re: plaintiff's supplemental response to defendants David, Stephen & Matthew Karp & ADSM Properties' 1st set interrogatories, requests for production and amdmissions filed by George J. Evanoff. (Stanford, Stephen) Modified on 10/2/2008 (L,V). Modified on 10/2/2008 (L,V).
September 23, 2008 Filing 76 Signature page from Deposition of Matthew Karp taken on 7/8/08. FILED UNDER SEAL Related document(s) #69 (B,TM) Modified on 9/24/2008 (L,V). (G,D).
September 23, 2008 Filing 75 Notice of filing the signature page of the deposition of Matthew E. Karp taken on July 8, 2008 filed by George J. Evanoff. Related document(s) #66 .(Stanford, Stephen)
September 5, 2008 Filing 74 Exhibits 1-36 to George Evanoff Jr's deposition filed UNDER SEAL by ADSM Properties, Ltd., Banner Mattress Company, Inc., Steven Karp, David Karp, Matthew Karp. Related document(s) #73 . (A,P) (G,D).
September 5, 2008 Filing 73 Notice of filing exhibits to deposition of George Evanoff Jr. under seal filed by ADSM Properties, Ltd., Banner Mattress Company, Inc., Steven Karp, David Karp, Matthew Karp. (A,P). Modified on 9/9/2008 (A,P). (Main Document 73 replaced on 10/30/2009 to increase legibility.) (M,L).
August 29, 2008 Filing 72 Reply filed UNDER SEAL to response to #58 Joint Motion for summary judgment filed by ADSM Properties, Ltd., Banner Mattress Company, Inc., Steven Karp, David Karp, Matthew Karp. (19 pages) (A,P) (G,D).
August 15, 2008 Filing 71 Exhibit (Volume 2) to Deposition of Steven A. Karp filed by George J. Evanoff. (251 pages) Related document(s) #69 FILED UNDER SEAL (B,TM) Modified on 8/20/2008 (B,TM). (Attachment(s) #1 Exhibit (Volume 2) Part 2, #2 Exhibit (Volume 2) Part 3) (G,D).
August 15, 2008 Filing 70 Exhibit (Volume 1) to Deposition of Steven A. Karp filed by George J. Evanoff. (146 pages) Related document(s) #69 FILED UNDER SEAL (B,TM) (G,D).
August 15, 2008 Filing 69 Deposition of Steven A. Karp taken on 6/12/08. Complete document on file, 199 pages filed by George J. Evanoff. Related document(s) #65 FILED UNDER SEAL(B,TM) (G,D).
August 15, 2008 Filing 68 Opposition to #58 Joint Motion for summary judgment filed by George J. Evanoff. FILED UNDER SEAL (B,TM) (G,D).
August 15, 2008 Filing 67 Affidavit/Declaration of George J. Evanoff, Jr., filed by George J. Evanoff. FILED UNDER SEAL(B,TM) (G,D).
August 15, 2008 Filing 66 Deposition of Matthew E. Karp taken on 7/8/08 filed by George J. Evanoff. Related document(s) #64 FILED UNDER SEAL (B,TM) (Attachment: #1 Exhibit) (G,D). Modified on 10/20/2011/Page 2 of Main Document Blank (L,V).
August 15, 2008 Filing 65 Notice Of Filing Deposition Of Steven A. Karp filed by George J. Evanoff. (Stanford, Stephen)
August 15, 2008 Filing 64 Notice Of Filing Deposition Of Matthew E. Karp filed by George J. Evanoff. (Stanford, Stephen)
July 2, 2008 Filing 63 Exhibit 1 to Affidavit of Steven Karp (FILED UNDER SEAL) filed by ADSM Properties, Ltd., Steven Karp, David Karp, Matthew Karp. Related document(s) #62 . (G,Di) (G,D).
July 2, 2008 Filing 62 Notice of Filing Affidavit of Steven Karp filed by ADSM Properties, Ltd., Steven Karp, David Karp, Matthew Karp. (Attachments: #1 Exhibit A - Affidavit of Steven Karp, #2 Manual Filing Notice of Manual Filing of Exhibit 1 to Affidavit of Steven Karp (Garth Tebay Report))Related document(s) #60 .(Chappell, Erik)
July 1, 2008 Filing 61 Deposition of George J. Evanoff taken on 5/29/08 filed by ADSM Properties, Ltd., Steven Karp, David Karp, Matthew Karp. Related document(s) #59 . FILED UNDER SEAL(B,TM) (G,D).
July 1, 2008 Filing 60 Memorandum In Support of #58 Joint Motion for summary judgment filed by ADSM Properties, Ltd., Steven Karp, David Karp, Matthew Karp and Banner Mattress Company, Inc.. FILED UNDER SEAL (B,TM) (Attachment: #1 Exhibit to Memorandum in Support) (G,D).
July 1, 2008 Filing 59 Notice of Filing Deposition of George J. Evanoff, Jr. filed by ADSM Properties, Ltd., Steven Karp, David Karp, Matthew Karp. (Attachments: #1 Exhibit A - Notice of Manual Filing)(Chappell, Erik)
July 1, 2008 Filing 58 Joint Motion for summary judgment filed by ADSM Properties, Ltd., Steven Karp, David Karp, Matthew Karp. (Attachments: #1 Exhibit A - Notice of Manual Filing)(Chappell, Erik)
June 19, 2008 Filing 57 Notice to take Deposition of Matthew E. Karp on July 8, 2008 filed by George J. Evanoff. (Stanford, Stephen)
June 13, 2008 Settlement Conference held by Judge David A. Katz on 6/13/08. (Non Document)(G,C)
June 6, 2008 Filing 56 Address Change Notice by Erik G. Chappell filed by on behalf of ADSM Properties, Ltd., Steven Karp, David Karp, Matthew Karp. (Chappell, Erik)
June 6, 2008 Filing 55 Notice to take Deposition of Steven A. Karp on Thursday, June 12, 2008 filed by George J. Evanoff. (Stanford, Stephen)
May 27, 2008 Filing 54 Notice of Service filed by George J. Evanoff. (Knepp, James)
May 15, 2008 Opinion or Order Filing 53 Order granting #52 motion to extend deadlines. The deadline for summary judgment discovery is extended to 6/30/08. Dispositive motion deadline is extended to 7/16/08; opposition/counter motion is due 8/15/08; reply/opposition is due 8/29/08; reply is due 9/15/08. Signed by Judge James G. Carr on 5/15/08. Signed by Judge James G. Carr on 5/15/08.(S,JM)
May 7, 2008 Filing 52 Motion for extension of summary judgment and dispositive motions until 06/30/2008 and 07/16/2008 filed by ADSM Properties, Ltd., Steven Karp, David Karp, Matthew Karp. (Attachments: #1 Proposed Order)(Chappell, Erik)
May 6, 2008 Opinion or Order Order (Non Document) Settlement Conference set for 6/13/08 at 8:30 AM in Chambers 307 before Judge David A. Katz.(G,C)
April 29, 2008 Filing 51 Notice of Service of Plaintiff's Response to defendant Banner Mattress Company, Inc.'s First Request for Production of Documents filed by George J. Evanoff. (Knepp, James) Modified on 4/30/2008 (G,D).
March 7, 2008 Opinion or Order Filing 50 Stipulated Protective Order (see order for all details) (Related Doc #45 ). Signed by Judge James G. Carr on 3/7/2008.(S,AL)
March 4, 2008 Opinion or Order Order (Non Document) phone conference held on 3/4/08. Settlement Conference set for 5/19/08 vacated and reset for 5/5/08 at 10:00 AM in Chambers 307 before Judge David A. Katz. Signed by Judge David A. Katz on 3/4/08. (G,C)
February 28, 2008 Opinion or Order Filing 49 Order : defendants' motion to strike George J. Evanoff Jr.s jury demand with regard to all three of his ERISA claims is granted.(Related Doc #29 )(Related Doc #32 ). Signed by Judge James G. Carr on 2/28/2008.(S,AL)
February 28, 2008 Opinion or Order Order (Non Document) phone conference set for 3/4/08 at 9:00 AM before Judge David A. Katz.. Signed by Judge David A. Katz on 2/28/08. (G,C)
February 26, 2008 Filing 48 Notice of Service of Discovery Requests filed by ADSM Properties, Ltd., Steven Karp, David Karp, Matthew Karp. (Chappell, Erik)
February 25, 2008 Filing 47 Notice of Service of Defendant Banner Mattress Company, Inc.'s Responses to Plaintiff's First Request for Production of Documents filed by Banner Mattress Company, Inc.. (Maloney, William)
February 20, 2008 Filing 46 Proposed Stipulation and Order of Confidentiality filed by Banner Mattress Company, Inc.. Related document(s) #45 . (Maloney, William) Modified on 2/22/2008 (G,D).
February 20, 2008 Filing 45 Motion for protective order filed by Defendant Banner Mattress Company, Inc.. (Maloney, William)
January 15, 2008 Filing 44 Notice of Service of Defendant Banner Mattress Company, Inc.'s First Request for Production of Documents filed by Banner Mattress Company, Inc.. (Maloney, William)
January 4, 2008 Filing 43 Supplemental Brief in Support of Motion to Strike Jury Demand filed by ADSM Properties, Ltd., Steven Karp, David Karp, Matthew Karp. Related document(s) #41 . (Attachments: #1 Exhibit A - Shepard's Summary, #2 Exhibit B - Westlaw KeyCite report, #3 Exhibit C - Westlaw Case DeWald v UNUM Provident Corp.) (Chappell, Erik)
December 31, 2007 Filing 42 Memorandum In Support of #32 Motion to strike Jury Demand filed by Banner Mattress Company, Inc.. (Maloney, William)
December 28, 2007 Filing 41 Reply Brief in Support of Motion to Strike Jury Demand filed by ADSM Properties, Ltd., Steven Karp, David Karp, Matthew Karp. Related document(s) #29 . (Attachments: #1 Exhibit A - KeyCite history for International Union case) (Chappell, Erik)
December 21, 2007 Filing 40 Amended complaint and Jury Demand against all defendants, filed by George J. Evanoff. (Stanford, Stephen)
December 21, 2007 Filing 39 Opposition to #29 Motion to strike jury demand and brief in support, #32 Motion to strike Jury Demand filed by George J. Evanoff. (Stanford, Stephen)
December 21, 2007 Opinion or Order Filing 38 Order phone conference held on 12/20/07. Settlement Conference set for 5/19/08 at 9:00 AM before Judge David A. Katz. Signed by Judge David A. Katz on 12/21/07. (G,C)
December 20, 2007 Opinion or Order Filing 37 Order granting #33 the plaintiff's motion for an extension of time until 12/21/07 to file a response to defendants' motion to strike; reply due 1/15/08. Signed by Judge James G. Carr on 12/19/2007.(S,AL)
December 19, 2007 Opinion or Order Filing 36 Order of Scheduling Conference held on 12/10/2007. Leave granted to plaintiff to file corrected amended complaint, to which defendants' prior answers shall be deemed the answer to said complaint. Discovery due by 5/30/2008. Dispositive Motions due by 7/1/2008; opposition/counter motion due 8/1/08; reply/opposition due 8/15/08; reply due 8/29/08. Settlement Conference set for 10/20/2008 at 4:00 PM. Voir Dire set for 11/12/2008 08:30AM before Magistrate Judge Vernelis K. Armstrong. Jury Trial set for 11/12/2008 01:30 PM before Judge James G. Carr. Signed by Judge James G. Carr on 12/19/2007. (S,AL)
December 18, 2007 Filing 35 Notice of Service of Plaintiff's First Request for Production of Documents filed by George J. Evanoff. (Stanford, Stephen)
December 7, 2007 Filing 34 Reply to Defendant's Counterclaim and Jury Demand filed by George J. Evanoff. Related document(s) #31 . (Abramson, Mark)
December 7, 2007 Filing 33 Motion for extension of Time to File Opposition to Defendants' Motion to Strike Plaintiff's Jury Demand until December 21, 2007 filed by Counter-Defendant George J. Evanoff, Plaintiff George J. Evanoff. Related document(s) #29 , #32 . (Attachments: #1 Proposed Order)(Abramson, Mark)
November 26, 2007 Filing 32 Motion to strike Jury Demand filed by Defendant Banner Mattress Company, Inc.. (Maloney, William)
November 26, 2007 Filing 31 Answer to #27 Amended complaint, Counterclaim against George J. Evanoff filed by Banner Mattress Company, Inc.. (Maloney, William)
November 26, 2007 Filing 30 Answer to #27 Amended complaint filed by ADSM Properties, Ltd., John Doe, Steven Karp, David Karp, Matthew Karp. (Chappell, Erik)
November 26, 2007 Filing 29 Motion to strike jury demand and brief in support filed by ADSM Properties, Ltd., John Doe, Steven Karp, David Karp, Matthew Karp. Related document(s) #1 , #27 . (Chappell, Erik)
November 16, 2007 Opinion or Order Filing 28 Order : Defendants motion to dismiss for lack of subject matter jurisdiction is denied. Defendants motion to dismiss for failure to state a claim is denied. Defendants motion to dismiss on abstention grounds is denied. Defendants motion for preemption of plaintiffs state law claims is partially granted and partially denied. Defendants motion to dismiss plaintiffs request for extra-contractual compensatory and punitive damages is partially granted and partially denied. A scheduling conference is set for December 10, 2007 at 10:30 a.m.(Related Doc #15 (Related Doc #17 ). Signed by Judge James G. Carr on 11/16/2007.(S,AL)
October 4, 2007 Filing 27 Amended complaint and Jury Demand against all defendants. Filed by George J. Evanoff. (Attachments: #1 Exhibit A - Agreement)(Stanford, Stephen)
October 3, 2007 Opinion or Order Filing 26 Order: Plaintiffs Motion is granted and the Complaint in this action is amended such that the headings for Count I and Count II make reference to ERISA 501(a)(1)(B) in place of 501(a)(2). Plaintiff to file a corrected version of the Complaint with the Court. (Related Doc #22 ). Signed by Judge James G. Carr on 9/26/2007.(S,AL)
September 26, 2007 Filing 25 Reply in support of #17 Motion to dismiss filed by Banner Mattress Company, Inc.. (Maloney, William)
September 26, 2007 Filing 24 Reply Brief in Support of Motion to Dismiss filed by ADSM Properties, Ltd., Steven Karp, David Karp, Matthew Karp. Related document(s) #15 , #16 . (Attachments: #1 Exhibit A - Case / Langley v. DaimlerChrysler) (Chappell, Erik)
September 17, 2007 Filing 23 Opposition to #15 #17 Motion to dismiss filed by George J. Evanoff. (Stanford, Stephen) Modified on 9/21/2007 (G, D).
September 14, 2007 Filing 22 Motion to amend complaint by interlineation to correct headings for counts I and II filed by George J. Evanoff. Related document(s) #1 . (Attachments: #1 Proposed Order)(Knepp, James)
September 4, 2007 Opinion or Order Filing 21 Marginal Order granting #20 plaintiff's Motion for Extension of Time until 9/17/07 to respond to the motion to dismiss. Signed by Judge James G. Carr on 8/28/2007.(S,AL)
August 28, 2007 Filing 20 Motion for extension of time until September 17, 2007 to Respond to Motions to Dismiss filed by George J. Evanoff. Related document(s) #15 , #17 . (Abramson, Mark)
August 24, 2007 Opinion or Order Filing 19 Order: the case management conference scheduled for 8/27/07 is vacated pending adjudication of the pending motions to dismiss. Signed by Judge James G. Carr on 8/24/2007.(S,AL)
August 23, 2007 Filing 18 Report of Parties' Planning Meeting. Parties do not consent to this case being assigned to the magistrate judge. filed by all parties. (Knepp, James)
August 2, 2007 Filing 17 Motion to dismiss filed by Banner Mattress Company, Inc.. (Attachments: #1 Attachment to Motion to Dismiss)(Maloney, William)
August 2, 2007 Filing 16 Memorandum In Support of #15 Motion to dismiss filed by ADSM Properties, Ltd., Steven Karp, David Karp, Matthew Karp. (Attachments: #1 Exhibit A - 11/14/06 Complaint#2 Exhibit B - 5/8/03 Employment Agreement#3 Exhibit C - 1/10/07 Answer and Counterclaim#4 Exhibit D - 2/8/07 Reply to Counterclaim#5 Exhibit E - 6/15/07 Voluntary Dismissal)(Chappell, Erik)
August 2, 2007 Filing 15 Motion to dismiss filed by ADSM Properties, Ltd., Steven Karp, David Karp, Matthew Karp. (Chappell, Erik)
July 25, 2007 Filing 14 Notice of Service of summons and complaint filed by George J. Evanoff. (Attachments: #1 Return Receipt Forms)(Abramson, Mark) Modified on 7/31/2007 (G, D).
July 20, 2007 Filing 13 Case Management Conference Scheduling Notice: case management conference to be held on 8/27/2007 at 12:00 PM. Recommended track: expedited.(S,AL)
July 16, 2007 Opinion or Order Filing 12 Marginal Order: granting #10 Motion for Extension of Time to Answer: ADSM Properties, Ltd., Steven Karp, David Karp and Matthew Karp's answer due 8/2/2007. Signed by Judge James G. Carr on 7/13/2007.(S,AL)
July 16, 2007 Opinion or Order Filing 11 Marginal Order granting #8 Motion for Extension of Time to Answer: Banner Mattress Company, Inc. answer due 8/3/2007. Signed by Judge James G. Carr on 7/13/2007.(S,AL)
July 5, 2007 Filing 10 Motion for extension of time until Thursday, August 2, 2007 to answer filed by ADSM Properties, Ltd., Steven Karp, David Karp, Matthew Karp. (Chappell, Erik)
July 5, 2007 Filing 9 Attorney Appearance by Erik G. Chappell filed by on behalf of ADSM Properties, Ltd., Steven Karp, David Karp, Matthew Karp. (Chappell, Erik)
July 5, 2007 Filing 8 Motion for extension of time until August 3, 2007 to answer filed by Banner Mattress Company, Inc.. (Maloney, William)
June 28, 2007 Filing 7 Return of Service Executed upon ADSM Properties, Ltd., c/o William T. Maloney, Statutory Agent by Certified Mail, Return Receipt on June 25, 2007 filed by George J. Evanoff Related document(s) #1 , #2 . (Knepp, James)
June 22, 2007 Filing 6 Return of Service Executed upon Matthew Karp by Certified Mail, Return Receipt on June 16, 2007 filed by George J. Evanoff Related document(s) #1 , #2 . (Knepp, James)
June 22, 2007 Filing 5 Return of Service Executed upon David Karp by Certified Mail, Return Receipt on June 18, 2007 filed by George J. Evanoff Related document(s) #1 , #2 . (Knepp, James)
June 22, 2007 Filing 4 Return of Service Executed upon Steven Karp by Certified Mail, Return Receipt on June 18, 2007 filed by George J. Evanoff Related document(s) #1 , #2 . (Knepp, James)
June 22, 2007 Filing 3 Return of Service Executed upon Banner Mattress Company, Inc. by Certified Mail, Return Receipt on June 19, 2007 filed by George J. Evanoff Related document(s) #1 , #2 . (Knepp, James) Modified on 6/25/2007 (B, T).
June 14, 2007 Filing 2 Summons and Magistrate Consent Form issued to counsel for service upon ADSM Properties, Ltd., Banner Mattress Company, Inc., Steven Karp, David Karp, Matthew Karp. (Attachments: #1 Steven Karp#2 David Karp#3 Matthew Karp#4 ADSM Properties, Ltd.#5 Magistrate Consent Form) (M,L)
June 13, 2007 Filing 1 Complaint with jury demand against Banner Mattress Company, Inc., Steven Karp, David Karp, Matthew Karp, ADSM Properties, Ltd., John Doe, trustee of the Barbara Karp Trust ( Filing fee $350 receipt number 2506404). Filed by George J. Evanoff. (Attachments: #1 Exhibit A - Agreement#2 Civil Cover Sheet#3 Summons Banner #4 Summons Steven Karp #5 Summons David Karp #6 Summons Matthew Karp #7 Summons ADSM)(Stanford, Stephen) Modified text and descriptions on 6/14/2007 (M, L).
June 13, 2007 Judge James G. Carr assigned to case. (M,L)

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Search for this case: Evanoff v. Banner Mattress Company, Inc., et al.
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Plaintiff: George J. Evanoff
Represented By: James R. Knepp, II
Represented By: Mark C. Abramson
Represented By: Stephen J. Stanford
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Defendant: Banner Mattress Company, Inc.
Represented By: Kathleen W. Kolodgy
Represented By: Sarah A. McHugh
Represented By: William T. Maloney
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Defendant: Steven Karp
Represented By: Erik G. Chappell
Represented By: William T. Maloney
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Defendant: David Karp
Represented By: Erik G. Chappell
Represented By: William T. Maloney
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Defendant: Matthew Karp
Represented By: Erik G. Chappell
Represented By: William T. Maloney
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Defendant: ADSM Properties, Ltd.
Represented By: Erik G. Chappell
Represented By: William T. Maloney
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Defendant: John Doe
Represented By: Erik G. Chappell
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