XPAN LLC v. Computer Task Group, Inc.
| XPAN LLC and Affirmation Technologies Corporation |
| Computer Task Group, Inc. |
| St. Paul Fire and Marine Insurance Company and Saltz, Shamis & Goldfarb, Inc. |
| 5:2003cv00225 |
| February 4, 2003 |
| US District Court for the Northern District of Ohio |
| Christopher A Boyko |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| None |
Docket Report
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This docket was last retrieved on March 20, 2006. A more recent docket listing may be available from PACER.
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Filing 137
Order of Case Dismissal re #136 Stipulation filed by XPAN LLC, . Signed by Judge Christopher A. Boyko on 03/17/06. (M, M)
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| Filing 136 Proposed Stipulation of Voluntary Dismissal, With Prejudice filed by XPAN LLC. (Porter, Mark) |
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Filing 135
Opinion and Order granting in part and denying in part defendant's Motion for partial summary judgment (Related Doc #87 ), granting defendant's Motion in limine (Related Doc #89 ), denying plaintiff's Motion for partial summary judgment (Related Doc #92 ). Signed by Judge Christopher A. Boyko on 03/13/06.(M, M)
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| Filing 134 Motion in limine prohibiting use of certain documents at trial filed by XPAN. Related document(s) #17 . Filed Under Seal.(C, K A) |
| Filing 133 Trial Brief filed by XPAN LLC. (Attachments: #1 Exhibit Proposed Voir Dire#2 Exhibit Proposed Jury Instructions)(Porter, Mark) |
| Filing 132 Notice of Manual Filing motion in limine to prohibit defendant's use of certain documents at trial filed by XPAN LLC. (Porter, Mark) Modified text on 3/7/2006 (E, P). |
| Filing 131 Motion to stay the Filing of Trial Briefs filed by Computer Task Group, Inc.. Related document(s) #91 , #89 , #130 , #92 , #87 , #110 , #90 . (Widenor, David) |
| Filing 130 Joint Motion for Final Pre-Trial Conference filed by XPAN LLC. (Porter, Mark) |
| Filing 129 Reply Memorandum In Support of Motion to strike the Declarations of Allen, Welch, Widenor, Savino and Thompson filed by XPAN LLC. Related document(s) #112 . (Porter, Mark) |
| Filing 128 Reply to response to Motion for partial summary judgment, Motion for protective order filed by Computer Task Group, Inc.. Related document(s) #92 , #110 . (Attachments: #1 Certificate of Service)(Widenor, David) |
| Filing 127 Notice and Opposition to Motion for partial summary judgment, Motion to strike the Declarations of Allen, Welch, Widenor, Savino and Thompson filed by Computer Task Group, Inc.. Related document(s) #92 , #112 . (Attachments: #1 Declaration of William D Allen#2 Declaration of John H Welch#3 Declaration of James A Thompson#4 Declaration of William F Savino Esq#5 Declaration of David S Widenor Esq#6 Notice of Errata and Defendant's Response Memorandum of Law In Opposition To Xpan's Motion to Strike the Declarations of Allen, Welch, Widenor, Savino and Thompson#7 Certificate of Service for Service of Declarations)(Widenor, David) Modified text on 12/14/2005 (E, P). |
| Filing 126 Reply to Motion to strike Bober Declaration and for Sanctions filed by XPAN LLC. Related document(s) #95 , #93 . (Porter, Mark) Modified text on 12/9/2005 (E, P). |
| Filing 125 Deposition of John L. Bacon taken on behalf of defendant on 8/30/2005. Complete document on file, 286 pages + 30 pages of attachments. filed by XPAN LLC. Related document(s) #17 . (Document filed under seal pursuant to Court order)(B, B) |
| Filing 124 Opposition to Motion for protective order precluding previously disclosed privileged materials filed by XPAN LLC. Related document(s) #17 , #110 . Filed Under Seal (Sealed document no. 48).(C, K A) Modified to add location of document on 12/7/2005 (R, Li). |
| Filing 123 Notice of Manual Filing Under Seal of Plaintiff's Brief in Opposition to Defendant's Motion for Protective Order to Preclude Use of Previously Disclosed "Privileged" Materials filed by XPAN LLC. (DiVenere, Anthony) |
| Filing 122 Declaration of John H. Welch filed by Computer Task Group, Inc.. Related document(s) #92 . (Widenor, David) Modified text of docket entry on 12/2/2005 (B, B). |
| Filing 121 Declaration of James A. Thompson filed by Computer Task Group, Inc.. Related document(s) #92 . (Widenor, David) Modified text of docket entry on 12/2/2005 (B, B). |
| Filing 120 Declaration of William D. Allen filed by Computer Task Group, Inc.. Related document(s) #92 . (Widenor, David) Modified text of docket entry on 12/2/2005 (B, B). |
| Filing 119 Declaration of Mark Stuhlmiller, Esq. filed by Computer Task Group, Inc.. Related document(s) #87 . (Attachments: #1 Exhibit A)(Widenor, David) Modified text of docket entry on 12/1/2005 (B, B). |
| Filing 118 Reply to response to Motion for the exclusion of Mark Stepka as XPAN expert witness filed by Computer Task Group, Inc.. Related document(s) #90 . (Attachments: #1 Appendix)(Widenor, David) |
| Filing 117 Reply to response to Motion in limine to "Cap" XPAN damages filed by Computer Task Group, Inc.. Related document(s) #89 . (Attachments: #1 Appendix)(Widenor, David) |
| Filing 116 Memorandum in Opposition to to Motion to strike Bober Declaration and for Sanctions and Motion for sanctions and to strike Ed Yourdon declaration filed by Computer Task Group, Inc.. Related document(s) #95 , #93 . (Attachments: #1 Appendix)(Widenor, David) Modified text of docket entry on 12/1/2005 (B, B). |
| Filing 115 Reply to response to Motion for partial summary judgment filed by Computer Task Group, Inc.. Related document(s) #87 , #90 . (Attachments: #1 Appendix to Reply Memorandum of Law In Support of CTG's Partial Summary Judgment Motion#2 Declaration of David S Widenor#3 Exhibit A to Widenor Declaration#4 Exhibit B to Widenor Declaration#5 Exhibit C to Widenor Declaration#6 Exhibit D to Widenor Declaration)(Widenor, David) Modified text of docket entry on 12/1/2005 (B, B). |
| Filing 114 Reply to response to Motion for the exclusion of John L Bacon as XPAN expert witness filed by Computer Task Group, Inc.. Related document(s) #91 . (Widenor, David) Modified text of docket entry on 12/1/2005 (B, B). |
| Filing 113 Reply In Support of Motion for partial summary judgment filed by XPAN LLC. Related document(s) #92 . (Attachments: #1 Declaration of Mark E. Porter#2 Exhibit 1)(Porter, Mark) Modified text of docket entry on 12/1/2005 (B, B). |
| Filing 112 Motion to strike the Declarations of Allen, Welch, Widenor, Savino and Thompson filed by XPAN LLC. (Attachments: #1Exhibit 1)(Porter, Mark) Modified text of docket entry on 12/1/2005 (B, B). |
| Filing 111 Response to Computer Task Group, Inc's CTG Undisputed Facts filed by XPAN LLC. (Porter, Mark) |
| Filing 110 Motion for protective order to preclude use of previously disclosed privileged materials filed by Computer Task Group, Inc. Related document(s) #17 . (Document filed under seal pursuant to Court order)(B, B) |
| Filing 109 Opposition to Motion for partial summary judgment filed by Computer Task Group, Inc.. Related document(s) #92 . (Attachments: #1 Declaration of William D Allen#2 Exhibit A to the Declaration of William D Allen#3 Exhibit B to the Declaration of William D Allen#4 Exhibit C to the Declaration of William D Allen#5 Declaration of John H. Welch#6 Exhibit A to the Declaration of John H. Welch#7 Declaration of David S Widenor Esq#8 Exhibit A to the Declaration of David S Widenor Esq#9 Exhibit B to the Declaration of David S Widenor Esq#10 Exhibit C to the Declaration of David S Widenor Esq#11 Exhibit D to the Declaration of David S Widenor Esq#12 Declaration of William F Savino Esq#13 Declaration of James A Thompson)(Widenor, David) Modified text of docket entry on 11/22/2005 (B, B). |
| Filing 108 Notice of Manual Filing of XPan's Memorandum in Opposition to Computer Task Group's Motion for Partial Summary Judgment Filed Under Seal filed by XPAN LLC. (Porter, Mark) |
| Filing 107 Opposition to Motion for partial summary judgment filed by XPAN LLC. Related document(s) #17 , #87 . (Document filed under seal pursuant to Court order)(B, B) Modified to create an additional link on 11/17/2005 (B, B). |
| Filing 106 Deposition of Allan C. Dickard taken on behalf of defendant on 4/21/2005. Complete document on file, 280 pages + 95 pages of attachments. Related document(s) #17 . (Document filed under seal pursuant to Court order)(B, B) |
| Filing 105 Deposition of Purvin Vakil taken on 1/14/2004. Complete document on file, 71 pages + 12 pages of attachments. Related document(s) #17 . (Document filed under seal pursuant to Court order)(B, B) |
| Filing 104 Deposition of Barbara Nagle taken on 6/2/2005. Complete document on file, 204 pages. filed by XPAN LLC. (S, DJ) Modified text of docket entry on 11/21/2005 (B, B). (Document filed under seal pursuant to Court order) |
| Filing 103 Deposition of James E. Shaw taken on 4/11/2005. Complete document on file, 213 pages. filed by XPAN LLC. (S, DJ) Modified text of docket entry on 11/21/2005 (B, B). (Document filed under seal pursuant to Court order) |
| Filing 102 Deposition of James R. Boldt taken on 1/22/2004 and 5/24/2005. Complete documents on file, 133 and 174 pages. filed by XPAN LLC. (S, DJ) Modified text of docket entry on 11/21/2005 (B, B). (Documents filed under seal pursuant to Court order) |
| Filing 101 Deposition of Catherine Dixon taken on 1/16/04. Complete document on file, 92 pages. filed by XPAN LLC. (S, DJ) |
| Filing 100 Deposition of Donna Mae Wood taken on 5/4/2005. Complete document on file, 185 plus exhibits pages. Filed under seal by XPAN LLC. (S, DJ) |
| Filing 99 Deposition of William D. Allen taken on 4/14/05. Complete document on file, 210 plus word index and exhibits pages. Filed under seal by XPAN LLC. (S, DJ) |
| Filing 98 Opposition to Motion in limine To Cap Xpan's Recoverable Damages To The Contract Price filed by XPAN LLC. Related document(s) #89 . (Attachments: #1 Declaration of Mark E. Porter#2 Exhibit A Walter v. Jones)(DiVenere, Anthony) |
| Filing 97 Opposition to Motion for In Limine To Exclude The Expert Testimony of John L. Bacon filed by XPAN LLC. Related document(s) #91 . (Attachments: #1 Delaration of Mark E. Porter#2 Exhibit A U.S. v. Waddell#3 Exhibit Brown v. Wal-Mart)(DiVenere, Anthony) |
| Filing 96 Opposition to Motion for Limine to Exclude the Expert Testimony of Mark Stepka filed by XPAN LLC. Related document(s) #90 . (Attachments: #1 Exhibit Declaration of Mark E. Porter#2 Exhibit Exhibit A#3 Exhibit Exhibit B#4 Exhibit Exhibit C#5 Exhibit Exhibit D)(DiVenere, Anthony) |
| Filing 95 Motion to strike Bober Declaration and for Sanctions filed by XPAN LLC. (Porter, Mark) |
| Filing 94 Notice of Manual Filing of XPAN'S Motion to Strike Yourdon Declaration and for Sanctions Filed Under Seal filed by XPAN LLC. (Porter, Mark) |
| Filing 93 Motion to strike Yourdon declaration and for sanctions filed by XPAN LLC. Related document(s) #17 .(Document filed under seal pursuant to Court order) (B, B) |
| Filing 92 Motion for partial summary judgment filed by XPAN LLC. FILED UNDER SEAL. Related document #17 . (S, DJ) |
| Filing 91 Motion to exclude the expert testimony of Mr. John L. Bacon filed by Computer Task Group, Inc. (FILED UNDER SEAL) (L, T) Modified to add text to entry on 11/9/2005 (E, P). |
| Filing 90 Motion to exclude expert testimony by Mark Stepka filed by Computer Task Group, Inc. (FILED UNDER SEAL) (L, T) Modified to add text to entry on 11/9/2005 (E, P). |
| Filing 89 Motion in limine to "cap" XPan's recoverable damages to the contract price filed by Computer Task Group, Inc. (Attachments: #1 Memorandum of Law in Support of Motion In Limine to "Cap" XPAN's Damages)(Widenor, David) Modified text on 12/14/2005 (E, P). |
| Filing 88 Notice of Manual Filing Under Seal of Plaintiff's Motion for Partial Summary Judgment on Count I (Breach of Contract) filed by XPAN LLC. (Porter, Mark) |
| Filing 87 Motion for partial summary judgment filed by Computer Task Group, Inc.. (Attachments: #1 Declaration of Gifford#2 Exhibit A to Gifford Declaration#3 Exhibit B to Gifford Declaration#4 Exhibit C to Gifford Declaration#5 Declaration of Fox#6 Exhibit A to Fox Declaration#7 Declaration of Stuhlmiller#8 Exhibit A to Stuhlmiller Declaration#9 Declaration of Shaw#10 Declaration of Widenor#11 Exhibit A to Widenor Declaration#12 Exhibit B to Widenor Declaration#13 Exhibit C to Widenor Declaration#14 Exhibit D to Widenor Declaration#15 Exhibit E to Widenor Declaration#16 Exhibit F to Widenor Declaration#17 Exhibit G to Widenor Declaration#18 Exhibit H to Widenor Declaration#19 Exhibit I to Widenor Declaration#20 Exhibit J to Widenor Declaration#21 Undisputed Facts#22 Memorandum of Law in Support of Partial Summary Judgment)(Widenor, David) |
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Order (non document) denying as moot/withdrawing Saltz, Shamis and Goldfarb, Inc.'s Motion to quash (Related Doc #83 ). Entered by Judge Christopher A. Boyko on 09/20/05.(M, M) Modified text of docket entry on 9/29/2005 (B, B).
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Filing 86
Order. The Court enters its order sua sponte. Plaintiff's Motion for Clarification (Doc. No. 73) is denied. Jury Trial set for 3/20/2006 09:15 AM in Chambers 15B before Honorable Christopher A. Boyko. Signed by Judge Christopher A. Boyko on 09/06/05. (M, M)
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| Filing 85 Notice of Withdrawal of Motion to Quash Subpoena filed by Saltz, Shamis & Goldfarb, Inc.. Related document(s) #83 . (Turner, Peter) |
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Filing 84
Order denying plaintiff's Motion to clarify (Related Doc #73 ). Signed by Judge Christopher A. Boyko on 09/02/05. (M, M) Modified text 9/8/2005 (C, K A).
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| Minutes (non document) of proceedings. Status Conference held on 08/31/05 before Judge Christopher A. Boyko. Status phone conference was conducted with counsel following a deposition of plaintiff's expert, John Bacon. Parties advised that settlement negotiations did not proceed any further. (M, M) |
| Minutes (non document) of proceedings. Final Pretrial Conference held on 08/29/05 before Judge Christopher A. Boyko. Experts, dispositive motions and possible settlement discussed. No resolution was reached, but the Court took the parties' request under advisement. (M, M) Modified text 9/8/2005 (C, K A). |
| Filing 83 Motion to quash Subpoena filed by Saltz, Shamis & Goldfarb, Inc.. (Attachments: #1 Exhibit A)(Turner, Peter) Modified text of docket entry on 9/29/2005 (B, B). (Document withdrawn, please see the notice of withdrawl dated 9/8/2005 and the order entered 9/22/2005) |
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Filing 82
Order denying defendant's Motion for partial summary judgment (Related Doc #81 ). Signed by Judge Christopher A. Boyko on 08/26/05.(M, M)
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| Filing 81 Motion for partial summary judgment filed by Computer Task Group, Inc.. (Attachments: #1 Undisputed Facts in Support of Motion for Summary Judgment#2 Declaration of Gifford#3 Gifford Exhibit A#4 Gifford Exhibit B#5 Gifford Exhibit C#6 Fox Declaration#7 Fox Exhibit A#8 Stuhlmiller Declaration#9 Widenor Declaration#10 Widenor Exhibit A#11 Widenor Exhibit B#12 Widenor Exhibit C#13 Widenor Exhibit D#14 Widenor Exhibit E#15 Widenor Exhibit F#16 Widenor Exhibit G#17 Widenor Exhibit H#18 Widenor Exhibit I#19 Widenor Exhibit J#20 Shaw Declaration#21 Memorandum of Law in Support of Motion#22 Case Cites)(Widenor, David) Modified text of docket entry on 8/29/2005 (B, B). (E-mail sent to attorneys on 8/29/2005 re: signature) |
| Filing 80 Affidavit of David S. Widenor filed by Computer Task Group, Inc.. Related document(s) #73 . (Attachments: #1 Exhibit A)(Widenor, David) Modified text of docket entry on 8/15/2005 (B, B). |
| Filing 79 Affidavit of David S. Widenor filed by Computer Task Group, Inc.. Related document(s) #73 . (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D)(Widenor, David) Modified text of docket entry on 8/15/2005 (B, B). (E-mail sent to attorney on 8/15/2005 re: more appropriate choice of event) |
| Filing 78 Declaration of David S. Widenor filed by Computer Task Group, Inc.. Related document(s) #73 . (Widenor, David) Modified text of docket entry on 8/8/2005 (B, B). (E-mail sent to attorney on 8/8/2005 re: more appropriate choice of event) |
| Filing 77 Motion for leve to file instanter reply memorandum in opposition to motion for extension of time to filed by Computer Task Group, Inc.. Related document(s) #73 . (Attachments: #1 Affidavit of David S. Widenor, Esq.#2 Defendant CTG Memorandum of Law in Opposition)(Widenor, David) Modified text of docket entry on 8/8/2005 (B, B). (E-mail sent to attorney on 8/8/2005 re: more appropriate choice of event) |
| Filing 76 Reply to response to Motion for clarification or Extension of Time to Produce Expert Report filed by XPAN LLC. Related document(s) #17 , #73 . (Document filed under seal pursuant to Court order)(B, B) Modified to create additonal link on 7/11/2005 (B, B). |
| Filing 75 Opposition to Motion to clarify or Extension of Time to Produce Expert Report Memorandum of Law filed by Computer Task Group, Inc.. Related document(s) #73 . (Widenor, David) |
| Filing 74 Response to Motion to clarify or Extension of Time to Produce Expert Report in Opposition filed by Computer Task Group, Inc.. Related document(s) #73 . (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D#5 Exhibit E#6 Exhibit F#7 Exhibit G)(Widenor, David) |
| Minutes (non document) of proceedings. Status/Settlement Conference held on 06/14/05 before Judge Christopher A. Boyko. All parties and counsel present for discussion of outstanding issues and progress of negotiations and mediation efforts. On June 13, 2005, Plaintiff filed a Motion to Clarify and/or for Extension of Time for Production of Expert Report. Defendant shall respond by June 28, 2005. Reply brief shall be submitted on or before July 8, 2005. The following discovery issues were discussed and orders made: (1) With regard to Plaintiff's request for minutes of CTG's Board of Directors, Defendant shall provide the affidavit of the Chairman of the Board that the minutes of the Board meetings do not reference XPAN; (2) With regard to CTG's request for documentation and the Code for Grape City's version of the "Solarix" system, XPAN shall produce the Code under the terms of the existing protective order, with the proviso that the material is for attorneys' eyes only (including house counsel) as well as for expert's eyes only. Any violation or breach of the protective order will results in sanctions, including jail time; (3) With regard to documentation of CTG's unit and integration testing before May 2002 specifically and otherwise, counsel for CTG will identify the documents already produced and will attest that none exist where that is the case. The Court will address further deadlines after ruling upon the Plaintiff's motion. (M, M) |
| Filing 73 Motion to clarify or Extension of Time to Produce Expert Report filed by XPAN LLC. (Porter, Mark) |
| Filing 72 Notice of Service of Expert Reports filed by XPAN LLC. (Porter, Mark) |
| Filing 71 Notice of Service of Expert Reports filed by Computer Task Group, Inc.. (Widenor, David) |
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Filing 70
Order granting defendant Computer Task Group, Inc.'s Motion for partial summary judgment (Related Doc #63 ). Signed by Judge Christopher A. Boyko on 02/23/05.(M, M)
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| Minutes (non document) of proceedings. Status Conference held on 02/18/05 before Judge Christopher A. Boyko. Court to rule on pending motion for partial summary judgment by 2/23/05. Parties to submit to mediation before 3/11/05. Fact discovery cut-off 5/11/05. Expert reports to be exchanged by 6/13/05. Must file a motion for permission to serve rebuttal expert reports. Discovery due by 5/11/2005. Settlement Conference set for 6/14/2005 02:30 PM; Jury Trial set for 9/12/2005 09:15 AM; Final Pretrial Conference set for 8/29/2005 02:30 PM before Honorable Christopher A. Boyko. (Court Reporter N/A.) (M, M) |
| Filing 69 Notice of Hearing. In-person Status Conference set for 2/18/2005 02:00 PM in Chambers 15B before Honorable Christopher A. Boyko. (M, M) |
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Filing 68
Order reassigning case to the docket of Judge Christopher A. Boyko for all further proceedings pursuant to the protocol for the creation of his docket. Signed by Judge Peter C. Economus on 1/4/05. (B-R, S)
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| Filing 67 Address Change Notice by Rajesh Bagga filed by on behalf of Computer Task Group, Inc.. (Bagga, Rajesh) |
| Filing 66 Reply to response to Motion for partial summary judgment Table of Contents and Table of Authorities pursuant to Local Rule 7.1(f) filed by Computer Task Group, Inc.. Related document(s) #63 . (Widenor, David) |
| Filing 65 Reply memorandum of law in support of it's motion for partial summary judgment filed by Computer Task Group, Inc.. Related document(s) #63 . (Attachments: #1 Exhibit Knorn v. Orkin, 2000 US Dist. LEXIS 20259 (S.D. Ohio 2000))(Widenor, David) Modified docket text on 9/21/2004 (R, N). |
| Filing 64 Opposition to Motion for partial summary judgment filed by XPAN LLC. Related document(s) #63 . (Attachments: #1 Statement of Fact#2 Exhibit A Spreng Affidavit#3 Exhibit B Consulting Agreement#4 Exhibit C Arlington Elec. v. Schindler Elev#5 Exhibit D RRX Ind. v. Lab-Con#6 Exhibit E P Thompson Dep#7 Exhibit F Cal/Ohio UCC Prov.)(Porter, Mark) |
| Filing 63 Motion for partial summary judgment filed by Computer Task Group, Inc.. (Attachments: #1 Pleading Statement of Undisputed Facts#2 Affidavit Declaration of Jeffrey Gifford with Exhibits attached thereto#3 Affidavit Declaration of Mark J. Stuhlmiller, Esq#4 Brief in Support Memorandum of Law in Support of Partial Summary Judgment Motion#5 Affidavit Certificate of Electronic Filing)(Widenor, David) Modified on 8/9/2004, /s by Attorney Savino (R, N). |
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Filing 62
Order granting Joint Scheduling Motion (Related Doc #61 ). Defendant shall file a Motion for Summary Judgment by 8/6/04; Plaintiff shall file a Memorandum in Opposition by 9/6/04 and Defendant shall file a Reply by 9/20/04. Signed by Judge Peter C. Economus on 8/3/04.(B-R, S)
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| Filing 61 Joint Motion for a Stipulated Scheduling Order filed by all parties (Widenor, David) Modified on 8/3/2004, adding party filers (R, N). |
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Filing 60
Order: Plaintiff's first motion for sanctions is denied; further, plaintiff's second motion for sanctions is denied; defendant's motion for extension of discovery and expansion of the number of depositions is granted; the number of depositions that each party may conduct is increased to 18; further, the Court concludes that St. Paul Fire and Marine Insurance Company's claims file is protected by both the attorney-client privilege and the work product doctrine, and is not discoverable; therefore, St. Paul Fire and Marine Insurance Company's motion to quash is granted, and plaintiff's subpoena is quashed; defendant's motion to quash is denied in light of the Court's ruling on St. Paul Fire and Marine Insurance Company's motion (Related Doc #34 ), (Related Doc #35 ), (Related Doc #39 ), (Related Doc #46 ), (Related Doc #46 ), (Related Doc #54 . Signed by Magistrate Judge George J. Limbert on 7/16/04.(S, A)
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| Minutes of proceedings (non-document): Hearing on motions held on 7/12/04 (Related documents #46 , #54 , #34 , #39 , and #35 ) before Magistrate Judge George J. Limbert; Time: 3 hours; (Tape #ECRO (filed under seal)). (S, A) |
| Filing 59 Brief in Opposition (filed under seal, sealed document removed from Youngstown and forwarded to Cleveland on 11/24/08). filed by XPAN LLC. Related document(s) #58 , #35 . (A, J) Modified to denote transfer of document on 11/24/2008 (R,Li). |
| Filing 58 Notice of manual filing under seal of plaintiff's brief in opposition to motion to extend discovery and expand the number of depositions of defendant Computer Task Group, Inc. filed by XPAN LLC. (Porter, Mark) |
| Filing 57 Reply in support of its motion to Quash and Motion for a Protective Order filed by St. Paul Fire and Marine Insurance Company. Related document(s) #46 . (Attachments: #1 Exhibit case law)(Lee, Ronald) Modified docket text on 7/13/2004 (R, N). |
| Filing 56 Memorandum in Opposition to St. Paul's and CTG's motions to quash or for a Protective Order filed by XPAN LLC. Related document(s) #54 , #46 . (Movius, David) Modified docket text on 6/30/2004 (R, N). |
| Filing 55 Reply in support of motions for sanctions. Related document(s) #39 , #34 . (Attachments: #1 Exhibit 1)(Movius, David) Modified docket text on 6/30/2004 (R, N). |
| Filing 54 Motion to quash the subpoena issued from this Court by X-Pan and Motion for a Protective Order filed by Computer Task Group, Inc. Related document(s) #52 , #46 . (Attachments: #1 Memorandum in Support#2 Exhibit A)(R, N) This document replaces #52 filed in error. |
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Filing 53
Order: Pursuant to the request of counsel, the hearing on St. Paul Fire and Marine Insurance Company's motion to quash/motion for protective order, XPAN LLC's motion for sanctions, Computer Task Group, Inc.'s motion for extension of time and expansion of number of depositions, and XPAN LLC's motion to strike defendant's motion to extend discovery and for monetary sanctions is rescheduled for 7/12/04 at 1:30 p.m. (Related documents #46 , #34 , #39 , and #35 . Signed by Magistrate Judge George J. Limbert on 6/25/04. (S, A)
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| Filing 52 Motion to quash the subpoena issued from this Court by XPAN and Motion for a Protective Order with attachment in support of St. Paul Fire and Marine Insurance Company filed by Computer Task Group, Inc.. Related document(s) #46 . (Attachments: #1 Exhibit A)(Widenor, David) Modified on 6/28/2004. This document filed in error. Document refiled as #54 . Motion date termed (R, N). |
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Filing 51
Order: Hearing scheduled on St. Paul Fire and Marine Insurance Company's motion to quash/motion for protective order, XPAN LLC's motion for sanctions, Computer Task Group, Inc.'s motion for extension of time and expansion of number of depositions, and XPAN LLC's motion to strike defendant's motion to extend discovery and for monetary sanctions, at 2:30 p.m. on 7/1/04 in Room 229 (Related documents #46 , #34 , #39 , and #35 ). Signed by Magistrate Judge George J. Limbert on 6/23/04. (S, A)
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Filing 50
Order: Hearing scheduled on St. Paul Fire & Marine Insurance Company's motion to quash/motion for protective order on 7/1/04 at 2:30 p.m., in Room 229 (Related documents #46 and #47 ). Signed by Magistrate Judge George J. Limbert on 6/23/04. (S, A)
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| Filing 49 Opposition to plaintiff's motion for sanctions (Related document #34 ) and opposition to plaintiff's motion to strike defendant's motion to extend discovery and for monetary sanctions (Related document #39 ) filed by Computer Task Group, Inc. This pleading has been filed under seal. Sealed document #22 (sealed document removed from Youngstown and forwarded to Cleveland on 11/24/08). (R, N) Modified to denote transfer of document on 11/24/2008 (R,Li). |
| Filing 48 Notice of Service of the Declaration of David S. Widenor Esq. in opposition to Plaintiff's Motion for Sanctions and Motion to Strike Defendant's Motion to Extend Discovery and for Monetary Sanctions and accompanying Memorandum of Law filed by Computer Task Group, Inc.. (Widenor, David) |
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Filing 47
Order referring Motion to Quash/Motion for Protective Order (Related Document #46 ) to Magistrate Judge George J. Limbert. Signed by Judge Peter C. Economus on 6/15/04. (B-R, S)
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| Filing 46 Motion to quash the subpoena issued from this Court by XPAN and Motion for a Protective Order with attached memorandum in support filed by St. Paul Fire and Marine Insurance Company. Related document(s) #43 . (Attachments: #1 Subpoena) This document replaces #43 filed in error(R, N) |
| Filing 45 Opposition to Motion to strike Defendant's Motion To Extend Discovery, And For Monetary Sanctions, Motion for sanctions Declaration of David S. Widenor, Esq. with Exhibits Attached Thereto (Exhibit F Filed Under Seal Manually) filed by Computer Task Group, Inc.. Related document(s) #39 , #34 . (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D#5 Exhibit E#6 Exhibit G#7 Exhibit H)(Widenor, David) |
| Filing 44 Opposition to Motion to strike Defendant's Motion To Extend Discovery, And For Monetary Sanctions, Motion for sanctions Memorandum of Law filed by Computer Task Group, Inc.. Related document(s) #39 , #34 . (Widenor, David) |
| Filing 43 Motion to quash and Motion for Protective Order filed by St. Paul Fire and Marine Insurance Company. (Attachments: #1 Exhibit Subpoena)(Lee, Ronald) Modified on 6/15/2004. This motion should have been filed as a two part motion. Please see #46 for the correct entry (R, N). |
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Order (non-document) granting Joint Motion to remove Defendant's Motion for Extension of Discovery and Expansion of Depositions from the electronic filing system (Related Doc #42 ). Entered by Judge Peter C. Economus on 6/2/04.(B-R, S)
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| Filing 42 Joint Motion To Remove Defendant's Motion For Extension of Discovery and Expansion of Depositions (Related document #35 ) From the Electronic Filing System and to Refile Under Seal filed by Computer Task Group, Inc.. (Widenor, David) Modified on 6/3/2004, adding related document information (R, N). |
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Filing 41
Order. The Court orders that the depositions of James Spreng and David Peggard be continued to a later date. Further, defendant shall provide a list to Plaintiff of all items that it has requested but not received by 6/1/04 and plaintiff shall respond to such request prior to scheduling of the depositions. The parties shall reschedule the depositions within the next three months. It has been brought to the Court's attention that there was inappropriate behavior during a deposition. If an attorney does not behave in a professional manner, this Court will consider imposing sactions. (Related documents #36 , #34 and #35 ). Signed by Magistrate Judge George J. Limbert on 5/26/04. (R, N)
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Filing 40
Order referring Plaintiff's Motion to Stike Defendant's Motion to Extend Discovery, and for Monetary Sanctions to Magistrate Judge George J. Limbert (Related Document #39 ). Signed by Judge Peter C. Economus on 5/26/04. (B-R, S)
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| Filing 39 Motion to strike Defendant's Motion To Extend Discovery, And For Monetary Sanctions filed by XPAN LLC. Related document(s) #35 . (Attachments: #1 Exhibit A)(Porter, Mark) |
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Filing 38
Order granting plaintiff's motion to compel discovery, subject to the conditions as set forth in this order; defendant is ordered to provide to plaintiff a list of all litigation within the last 10 years involving any contract dispute with a customer; defendant shall provide this information to plaintiff by 6/1/04 (Related Doc #28 ). Signed by Magistrate Judge George J. Limbert on 5/24/04.(S, A)
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Filing 37
Order: All Discovery shall be due by 8/31/2004 with a status conference to be held on 9/1/2004 at 1:30 PM at Chambers 313. Signed by Judge Peter C. Economus on 5/21/04. (B-R, S)
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Filing 36
Order: Referring (related document #34 ) Plaintiff's Motion for sanctions and referring Defendant's (related document #35 ) Motion for extension of time for discovery and expansion of number of depositions to Magistrate Judge George J. Limbert. Signed by Judge Peter C. Economus on 5/21/04. (B-R, S)
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| Minutes of proceedings (non-document):Hearing/oral argument on plaintiff's motion to compel discovery held on 5/21/04 (Related document #28 ) before Magistrate Judge George J. Limbert; Time: 45 minutes; (Court Reporter None.) (S, A) |
| Filing 35 Motion for extension of time to conduct discovery until 9/14/04 and expansion of number the of depositions filed by Computer Task Group, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Widenor, David) Modified docket text on 5/24/2004 (R, N). Modified on 6/2/2004 removed documents from electronic filing system. Document filed under seal (sealed document removed from Youngstown and forwarded to Cleveland on 11/24/08). (B-R, S). Modified to denote the transfer of documents on 11/24/2008 (R,Li). |
| Filing 34 Motion for sanctions with attached memorandum in support filed by XPAN LLC. (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)(Movius, David) Modified docket text on 5/24/2004 (R, N). |
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Filing 33
Order: It is ordered that plaintiff make James Spring and Dave Pepper available for deposition, and that the only time that shall count toward the 7-hour period is the time in which the deponents are actually being deposed on the record; further, it is ordered that, unless otherwise agreed upon by the parties, the depositions of witnesses residing in New York shall take place in New York, and that depositions of witnesses residing in Ohio shall take place in Ohio; oral hearing on plaintiff's motion to compel discovery is scheduled for 5/21/04 at 1:30 p.m., in Room 229, Youngtown, Ohio (Related documents #29 and #28 ). Signed by Magistrate Judge George J. Limbert on 5/12/04. (S, A)
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| Filing 32 Reply to response to Motion to compel discovery filed by XPAN LLC. Related document(s) #28 . (Movius, David) |
| Minutes of proceedings (non-document):Telephonic conference regarding a dispute which has arisen concerning the length of time and location for the taking of depositions was held on 5/11/04 before Magistrate Judge George J. Limbert; Time: 25 minutes; (Court Reporter None.) (S, A) |
| Filing 31 Opposition to Motion to compel discovery filed by Computer Task Group, Inc.. Related document(s) #28 . (Attachments: #1 Exhibit Certification of Peter R. Radetich)(Bradley, Kate) |
| Filing 30 Joint Proposed Stipulation to Mediate and Extend Deadlines filed by all parties. (Porter, Mark) Modified docket text and added party filers on 4/12/2004 (R, N). |
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Filing 29
Order referring Motion to Compel Discovery Dispute to Magistrate Judge George J. Limbert (Related Document #28 ). Signed by Judge Peter C. Economus on 4/6/04. (B-R, S)
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| Filing 28 Motion to compel discovery with attached memorandum in support filed by XPAN LLC. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D#5 Exhibit E)(Movius, David) Modified docket text on 4/8/2004 (R, N). |
| Filing 27 Letter to The Honorable Judge Economus filed by XPAN LLC. (Movius, David) |
| Filing 26 Attorney Appearance by David T. Movius filed by on behalf of XPAN LLC. (Movius, David) |
| Filing 25 Subpoena Returned Executed; served upon Daniel P. O'Connor and David Peppard by personal service on 3/1/04 (Peppard) and 3/2/04 (O'Connor) filed by Computer Task Group, Inc. (C, B) |
| Filing 24 Subpoena Returned Executed; served upon John L. Bacon, Scott Peterson and James L. Spring by personal service on 2/27/04 filed by Computer Task Group, Inc. (C, B) |
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Filing 23
Order, granting the joint motion for extension of time of discovery (Related Doc #22 ). Non-expert discovery due by 4/12/2004, the parties shall notify the court on or before 4/19/04 as to whether they intend to sumbit this matter to mediation, in the event the parties do not seek mediation, the plaintiff shall submit all expert reports on or before 5/11/04 and the defendant shall file their expert reports by 6/11/04. A status conference is to be held on 6/21/2004 at 1:30 PM in Chambers 313. No further extension shall be granted. It is so ordered. Signed by Judge Peter C. Economus on 1/30/04.(R, N)
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| Filing 22 Joint Motion for extension of time of Discovery filed by all parties. (Merklin, Marc) Modified docket text on 2/3/2004 (R, N). |
| Filing 21 Notice of Substitution of Counsel removing attorney and adding attorney Anthony J. DiVenere filed by on behalf of XPAN LLC. (DiVenere, Anthony) |
| Filing 20 Amended Answer to Amended Complaint (Related Doc #18 ) filed by Computer Task Group, Inc.. (Bagga, Rajesh) |
| Filing 19 Notice Of Filing of Statement of Work As Exhibit B to Amended Complaint filed by XPAN LLC. (Attachments: #1 Exhibit B: Statement of Work)(Related document(s) #18 ) (Porter, Mark) |
| Filing 18 Amended complaint (with jury demand) against Computer Task Group, Inc.. Filed by XPAN LLC. (Attachments: #1 Exhibit A #2 Exhibit B #3 Exhibit C)(Porter, Mark) Modified text on 10/2/2003 (A, J). |
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Filing 17
Confidentiality Stipulation & Order (Related Doc #16 ) as to the designation, disclosure, maintenance and use of Confidential Discovery Material. Signed by Judge Peter C. Economus on 9/30/03. (M, P) Modified on 10/2/2003 to correct text and add link (M, P).
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| Filing 16 Proposed Stipulation and Order filed by XPAN LLC. (Porter, Mark) |
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Order signed on 6/19/2003 Denying as moot Motion for order (Related Doc #14 ) (Related documents(s) #15 ); IT IS SO ORDERED, Judge Peter C. Economus (A, J)
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| Filing 15 Stipulated Order; Parties to be Joined and Pleading Amendments due by 9/30/2003 and additional agreements pursuant to this Stipulated Order dated June 17, 2003; Judge Peter C. Economus, signed on 6/17/03.(A, J) |
| Filing 14 Stipulated Motion for order filed by Computer Task Group, Inc.. (Merklin, Marc) |
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Filing 13
Order with case management conference to be continued until 5/27/2003 at 02:00 PM at Chambers 313. Peter C. Ecopnomus, Judge signed 5/1/03 (M, P)
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Order (non-document) entered on 5/2/2003 Granting Motion to appear pro hac vice, Attorney David S. Widenor and Attorney William F. Savino for Computer Task Group, Inc. added to case. (Related Doc #9 ), Judge Peter C. Economus, (B-R, S)
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| Filing 12 Notice of Service of Declarations of Savino and Widenor filed by Computer Task Group, Inc.. (Related document(s) #10 , #11 ) (M, P) |
| Filing 11 Affidavit/Declaration of William F. Savino in support of his motion for admission filed by Computer Task Group, Inc.. (Related document(s) #9 ) (M, P) |
| Filing 10 Affidavit/Declaration of David S. Widenor in support of his Motion for Admission filed by Computer Task Group, Inc.. (Attachments: #1 Certificate of Good Standing)(Related document(s) #9 ) (M, P) |
| Filing 9 Motion for appearance pro hac vice of William F. Savino and David S. Widenor filed by Computer Task Group, Inc.. (Attachments: #1 Proposed Order)(M, P) |
| Filing 8 Report of Parties Planning Meeting Under Fed. R. Civ. P. 26(f) and LR 16.3(b) filed by all parties. (Related Document #7 )(Searby, Edmund) Modified to create document link on 4/25/2003 (A, J). |
| Filing 7 Case Management Conference Scheduling Order with case management conference to be held on 5/1/2003 at 2:30 PM at Chambers 313. Peter C. Economus, Judge signed 4/9/03 (Attachments: #1 Report of the Parties Planning Meeting)(M, P) |
| Filing 6 Notice of Magistrate Consent form (B-R, S) |
| Filing 5 Answer to Complaint (Related Doc #1 ) filed by Computer Task Group, Inc.. (S, S) |
| Filing 4 Corporate Disclosure Statement filed by XPAN LLC. (S, T) |
| Filing 3 Notice of Placement of case in the CM/ECF Docketing System (S, T) |
| Filing 2 Random Assignment of Magistrate Judge George J. Limbert. (S, T) |
| Filing 1 Complaint (with Jury Demand) (1 summons and Magistrate Consent Forms issued) against Computer Task Group, Inc.. Filed by XPAN LLC. Filing fee paid; receipt number 513445. (Attachments: #1 Exhibit A: Agreement#2 Exhibit B: Statement#3 Civil Cover Sheet)(S, T) Modified text to include jury demand on 2/6/2003 (A, J). |
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